Terms and Conditions

Intellihealth User Agreement

Intellihealth Terms of Use Agreement
Last updated: October, 2021

TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING INTELLIHEALTH SERVICES. REFERENCE TO THE TERM “SERVICES” MEANS COPYRIGHTED AND TRADEMARKED SOFTWARE APPLICATIONS, WEBSITES, MEDICAL SERVICES CONSULTATIONS, AND MEDICAL EDUCATION SERVICES CONSULTATIONS OFFERED BY INTELLIHEALTH, ITS PARTNERS, AND CUSTOMERS.

By using the Services during your subscription term, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Services. You may view the current applicable version of this Terms of Use Agreement at any time through a footer link within the Intellihealth corporate marketing website URL address and its software application products. The Services and their contents are designed to comply with U.S. laws and regulations.

1. Acceptance

Please read these terms and conditions carefully, as they set forth the specific terms under the user of our Services. By using the Services, you (“You”, “you”, “User”, “user”, “Users”) understand, agree to be legally bound by and comply to the terms and conditions within this Terms of Use Agreement (the “Agreement”) during your access license subscription term (“Subscription Term”).

Intellihealth (“Intellihealth”) reserves the right to change the terms of the Agreement from time to time. We will provide you with a thirty (30) day notice if the changes are material and obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account using our Services, we will notify you of material changes via email, and we will ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next use of our Services. By continuing to use our Services after such notice and consent, you are bound by these updated and modified Terms of Use. If you do not agree to the changes in the Terms and Conditions of use, upon written notification to Intellihealth support services, support@intellihealthcorp.com, you have the option to discontinue use of Services immediately, and any remaining fees owed for Services by you or your organization of record will remain in binding effect until the end of your Subscription Term.

2. Scope and Description of Services

The Services contains material and information about Intellihealth and its various software applications, medical care model programs, copyrighted educational materials, and telemedicine programs. The information within the Services includes copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources for healthcare professionals and their referral patients, employer organizations, and medical insurance organizations. You may be able to access sections of the Services without having to register any personal and/or organizational demographic details, including personal health information (“Information”) details by using the Services; however, particular areas of the Services will only be accessible if you have registered Information.

Please note that certain Sections of the Services are intended for licensed healthcare professionals or their referral patients. As a healthcare professional, you must always remember that the Services are not meant to serve as a substitute for your own clinical judgment as a healthcare professional or medical advice provided to your referral patients. If you are a referral patient or consumer who elects to browse the Services or use any of the Services, you should proceed using the Services with a physician and/or medical services provider who is associated with your individual health care treatment.

Among other activities, Services enable coordination and communication between a health care provider and their referral patient. Services do not replace an existing relationship between a referral patient and their existing health care provider(s). The Services might not be appropriate to referral patients for all medical conditions or concerns. For medical questions during the use of the Services, you agree to seek advice and guidance related to Services from your existing medical care providers, and furthermore agree Intellihealth is not responsible or legally liable to you based upon any recommendations made by or associated to its Services, including; decisions about medication selection, medication usage, lifestyle and behavioral modifications, and any other forms of medical treatments or advice. During the use of Services, if you have a medical emergency, immediately dial emergency help services using “911.”

3. Services Uptime

We take all reasonable steps to ensure that the Services is available 24 hours every day, 365 days per year. However, our Services do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Services is unavailable at any time. The Services may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. When applicable, we will try to give our Users advance warning of scheduled maintenance issues.

4. User Representation

As a healthcare professional and user of the Services, you are responsible for the completeness and accuracy of Information related to your state license number, your professional medical liability insurance, and your professional credentialing representation that you provide to Intellihealth and your referral patients. As a healthcare professional, you are personally responsible and legally liable for maintaining your professional medical liability insurance during the use of the Services.

As a healthcare professional, if your professional use of the Services is solely deemed by Intellihealth to be medically inappropriate use of the Services based upon their intended use; or your medical liability insurance and/or your continuing education credentialing certification requirements lapse or are not maintained during the Subscription Term, Intellihealth has the right to immediately terminate your use of the Services and you will be legally liable to pay any of your remaining monies owed to Intellihealth for the remaining time period associated to your Subscription Term within thirty (30) days to Intellihealth.

As a referral patient or other consumer end-user of the Services, you are responsible for the completeness and accuracy of the Information that you provide to us. If your personal use of the Services is solely deemed by Intellihealth to be medically inappropriate use of the Services based upon their intended use during the Subscription Term, Intellihealth has the right to immediately terminate your use of the Services and you, or your referring employer organization, or health insurance provider organization will be legally liable to pay any of your remaining monies owed to Intellihealth for the remaining time period associated to your or their Subscription Term within thirty (30) days to Intellihealth.

You are permitted to use the Services for your own purposes and when appropriate and applicable, to print and download copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources contained within the Services provided that you do not modify, commercially use for you or your organization’s own purposes, or directly or indirectly personally profit from the sale of any copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources from the Services without Intellihealth’s written and authorized consent. The copyright and other intellectual property rights in all copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, copyrighted medical practice models, medical references, educational courses, informational articles, animations, videos, images, and additional resources contained within the Services are owned by Intellihealth and/or our third party licensors.

Except as expressly permitted in this Agreement, the Services may not be reproduced, transmitted, or distributed without Intellihealth’s prior authorization and written consent. A user may not commingle any portion of the Services with any other information and shall not edit, modify, or alter any portion thereof.

5. Information Submissions, Communications and Privacy

When you choose to input information into the Services and respond to communication features through email, SMS text, video, VOIP, and third-party connected health and medical devices using single sign-on application interfaces such as oAuth and SAML for data services such as Google Fit or Apple Health Kit within the Services such as questions, comments, suggestions, unique identifications or the like within areas of our Services that are publicly or privately available, you acknowledge, accept and give Intellihealth an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. Communication features within the Services may be sent to you automatically and for marketing purposes. By agreeing to use the Services’ communication features, you are providing Intellihealth and its Services users the express written consent to communicate directly with you. You have the right to opt out of one or more of the communication features included in the Services through directly notifying Intellihealth by sending an SMS text communication with the term STOP or by selecting the unsubscribe button from within an email communications. Unless you advise us to the contrary in writing and by performing these actions, and subject to requirements under applicable copyright and patent laws, we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. As a User of the Services outside the United States of America, the information you share during use of the Services, including personal health information “(“PHI”) may be stored outside the country you are accessing the Services from. By accepting the Intellihealth Terms of Use Agreement, you consent to the use of Services to manage and store your PHI. For information and materials you upload to areas of our Service that are not publicly available, please see our Privacy Policy located on www.intellihealth.co for an explanation of how we may use that information.

6. User Liabilities

Any user of the Services agrees to be responsible for all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which Intellihealth, its affiliates, members, managers, officers, employees, and authorized representatives may incur as a result of either: (i) such user’s breach of this Agreement; or (ii) material entered into Intellihealth.co with the use of the user’s password or other access or identification. Any user of the Services may not, knowingly: use the Services for any illegal purpose, that is, a purpose that is prohibited by any local, state, national or international law or regulation, or to facilitate the violation thereof; fail to respect other users’ privacy. This includes revealing another user’s password or any other personally identifiable Information; or, post or send to or from the Services any material for which you have not obtained all necessary consents post or send to or from the Services; any material that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others; or, which encourages or constitutes conduct that would be deemed a criminal offense; give rise to civil liability, or, otherwise is contrary to a law in the United States of America; or, post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of Intellihealth.co; or, any data or content found on or accessed through Intellihealth.co; or, any other Intellihealth.co information without prior express written consent of Intellihealth in every instance; or, obtain or attempt to obtain through any means any materials or information on Intellihealth.co that has not been intentionally made publicly available either by public display on Intellihealth.co or through accessibility by a visible URL page or link on Intellihealth.co;

violate any measure employed to limit or prevent access to Intellihealth.co or the site’s content; or, impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; disobey any requirements, procedures, policies or regulations of networks connected to the Services; or use the Services to stalk or harass another.

7. Password

You are solely responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or account. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation or identification codes and password’s information; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password; (4) agree to Intellihealth’s password information administration requirements and changes thereto during the Subscription Term. You grant Intellihealth and all other persons or entities involved in the operation of the Services or any of its programs the right to transmit, monitor, retrieve, store, and use your password information in connection with the operation of the Services as they pertain to your access to the Services. We cannot and do not assume any responsibility or liability for any information you submit using your password, or your or third parties’ use or misuse of the password information transmitted or received using our Services.

8. Links to Other URL, Internet Enabled Websites and Third-Party Devices

The Services contains secure and non-secure URL links to non-Intellihealth internet sites and third-party health and medical devices (“Enabled 3^rd Party Services”). In the majority of the Enabled 3^rd Party Services, Intellihealth has reviewed and established a contractual business relationship with the Enabled 3^rd Party Services’ associated website operations and content. During your Subscription Term, Intellihealth may link to non-reviewed URL links and websites (‘Non-Intellihealth Links”) established by our licensed customer’s use of the Services. Intellihealth assumes no legal liability and responsibility for the content and functionality associated to Non-Intellihealth Links to which the Services provide on behalf of our customer licensees. Links to Non-Intellihealth Links within the Services do not imply the endorsement or approval of such URLs, web sites, associated products and services, publications contained within them. If you choose to access a Non-Intellihealth Links, it is at your own risk.

9. Termination

We reserve the right to suspend or terminate your account if you violate this Agreement or if Intellihealth discontinues, temporarily or permanently, the Services. You agree that all terminations for violations caused by you, your employer organization, or medical insurance provider organization shall be made in Intellihealth’s sole and absolute discretion. Intellihealth shall not be liable to you or any third party for any termination of your account, access to the Services, or your Information post termination.

If your violation causes harm to others, you agree to be legally liable and responsible for any and all loss, damage, or expense to Intellihealth and its associated third parties, including attorneys’ fees and court costs.

10. Disclaimer

Intellihealth takes all commercially reasonable steps to ensure that the Services are accurate, medically compliant, and correct. However, we do not guarantee the correctness or completeness of the Services. Healthcare professional(s) and/or the affiliated entities who employ the healthcare professional(s) which are recommending the use of or participation in the Services to a referral patient or other consumer end-user may be directly monetarily benefiting from recommendation of the use of or participation in the Services to a referral patient or other consumer and user. Intellihealth may make changes to the Services at any time upon written notice to users. If information on the Services is out of date, or on rare occasions incorrect, we will make every effort to promptly correct the information. Except as set forth herein, the Services are provided without any conditions or warranties of any kind. To the maximum extent permitted by law, Intellihealth provide access to and the use of the Services on the basis that Intellihealth excludes all representations, warranties and conditions as set forth within this Agreement.

11. Miscellaneous

Except as expressly provided in a particular “legal notice” and the Intellihealth Privacy Policy associated to the Services, this Agreement constitutes the entire agreement between the parties relating to the Services. The failure of Intellihealth to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within New York. You expressly agree that exclusive jurisdiction for any dispute with Intellihealth, or in any way relating to your use of the Services, resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Intellihealth or its third-party affiliates, members, managers, employees, contractors, officers, telecommunication providers, and content providers.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Representation, Information Submissions, User Liabilities, Disclaimer, Miscellaneous.

Flyte User Agreement

Flyte Terms of Use Agreement
Last updated: October, 2021

TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING FLYTE SERVICES. REFERENCE TO THE TERM “SERVICES” MEANS COPYRIGHTED AND TRADEMARKED SOFTWARE APPLICATIONS, WEBSITES, MEDICAL SERVICES CONSULTATIONS, AND MEDICAL EDUCATION SERVICES CONSULTATIONS OFFERED BY FLYTE, ITS PARTNERS, AND CUSTOMERS.

By using the Services during your subscription term, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Services. You may view the current applicable version of this Terms of Use Agreement at any time through a footer link within the Flyte corporate marketing website URL address and its software application products. The Services and their contents are designed to comply with U.S. laws and regulations.

1. Acceptance

Flyte (“Flyte”) reserves the right to change the terms of the Agreement from time to time. We will provide you with a thirty (30) day notice if the changes are material and obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account using our Services, we will notify you of material changes via email, and we will ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next use of our Services. By continuing to use our Services after such notice and consent, you are bound by these updated and modified Terms of Use. If you do not agree to the changes in the Terms and Conditions of use, upon written notification to Flyte support services, support@flytemedical.com, you have the option to discontinue use of Services immediately, and any remaining fees owed for Services by you or your organization of record will remain in binding effect until the end of your Subscription Term.

2. Scope and Description of Services

The Services contains material and information about Flyte and its medical care model programs, copyrighted educational materials, telemedicine programs, and various software applications. The information within the Services includes copyrighted medical practice models, clinical decision support tools, medical references, educational courses, informational articles, copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, animations, videos, images, and additional resources for healthcare professionals and their referral patients, employer organizations, and medical insurance organizations. You may be able to access sections of the Services without having to register any personal and/or organizational demographic details, including personal health information (“Information”) details by using the Services; however, particular areas of the Services will only be accessible if you have registered Information.

Among other activities, Services enable coordination and communication between a health care provider and their referral patient. Some of the Services do not replace an existing relationship between a referral patient and their existing health care provider(s). The Services might not be appropriate to referral patients for all medical conditions or concerns. For medical questions during the use of the Services, you agree to seek advice and guidance related to Services from your existing medical care providers in addition to any advice and guidance provided by Flyte, and furthermore agree Flyte is not responsible or legally liable to you based upon any recommendations made by or associated to its Services, including; decisions about medication selection, medication usage, lifestyle and behavioral modifications, and any other forms of medical treatments or advice. During the use of Services, if you have a medical emergency, immediately dial emergency help services using “911”.

3. Services Uptime

We take all reasonable steps to ensure that the access to software Services is available 24 hours every day, 365 days per year. However, our software Services do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Services is unavailable at any time. The software Services may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. When applicable, we will try to give our Users advance warning of scheduled maintenance issues.

4. User Representation

As a healthcare professional and user of the Services, you are responsible for the completeness and accuracy of Information related to your state license number, your professional medical liability insurance, and your professional credentialing representation that you provide to Flyte and your referral patients. As a healthcare professional, you are personally responsible and legally liable for maintaining your professional medical liability insurance during the use of the Services.

As a healthcare professional, if your professional use of the Services is solely deemed by Flyte to be medically inappropriate use of the Services based upon their intended use; or your medical liability insurance and/or your continuing education credentialing certification requirements lapse or are not maintained during the Subscription Term, Flyte has the right to immediately terminate your use of the Services and you will be legally liable to pay any of your remaining monies owed to Flyte for the remaining time period associated to your Subscription Term within thirty (30) days to Flyte.

As a referral patient or other consumer end-user of the Services, you are responsible for the completeness and accuracy of the Information that you provide to us. If your personal use of the Services is solely deemed by Flyte to be medically inappropriate use of the Services based upon their intended use during the Subscription Term, Flyte has the right to immediately terminate your use of the Services and you, or your referring employer organization, or health insurance provider organization will be legally liable to pay any of your remaining monies owed to Flyte for the remaining time period associated to your or their Subscription Term within thirty (30) days to Flyte.

You are permitted to use the Services for your own purposes and when appropriate and applicable, to print and download copyrighted medical practice models, clinical decision support tools, medical references, educational courses, informational articles, animations, videos, images, and additional resources contained within the Services provided that you do not modify, commercially use for you or your organization’s own purposes, or directly or indirectly personally profit from the sale of any copyrighted medical practice models, clinical decision support tools, medical references, educational courses, informational articles, animations, videos, images, and additional resources from the Services without Flyte’s written and authorized consent. The copyright and other intellectual property rights in all copyrighted medical practice models, clinical decision support tools, medical references, educational courses, informational articles, copyrighted software user interfaces, copyrighted software functionality and associated features and tools, copyrighted software algorithms and know how, copyrighted software systems, animations, videos, images, and additional resources contained within the Services are owned by Flyte and/or our third party licensors.

Except as expressly permitted in this Agreement, the Services may not be reproduced, transmitted, or distributed without Flyte’s prior authorization and written consent. A user may not commingle any portion of the Services with any other information and shall not edit, modify, or alter any portion thereof.

5. Information Submissions, Communications and Privacy

When you choose to input information into the Services and respond to communication features through email, SMS text, video, VOIP, and third-party connected health and medical devices using single sign-on application interfaces such as oAuth and SAML for data services such as Google Fit or Apple Health Kit within the Services such as questions, comments, suggestions, unique identifications or the like within areas of our Services that are publicly or privately available, you acknowledge, accept and give Flyte an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information. Communication features within the Services may be sent to you automatically and for marketing purposes. By agreeing to use the Services’ communication features, you are providing Flyte and its Services users the express written consent to communicate directly with you. You have the right to opt out of one or more of the communication features included in the Services through directly notifying Flyte by sending an SMS text communication with the term STOP or by selecting the unsubscribe button from within an email communications. Unless you advise us to the contrary in writing and by performing these actions, and subject to requirements under applicable copyright and patent laws, we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. As a User of the Services outside the United States of America, the information you share during use of the Services, including personal health information “(“PHI”) may be stored outside the country you are accessing the Services from. By accepting the Flyte Terms of Use Agreement, you consent to the use of Services to manage and store your PHI. For information and materials you upload to areas of our Service that are not publicly available, please see our Privacy Policy located on www.intellihealth.co for an explanation of how we may use that information.

6. User Liabilities

Any user of the Services agrees to be responsible for all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which Flyte, its affiliates, members, managers, officers, employees, and authorized representatives may incur as a result of either: (i) such user’s breach of this Agreement; or (ii) material entered into Flytemedical.com/Flytehealth.com with the use of the user’s password or other access or identification. Any user of the Services may not, knowingly: use the Services for any illegal purpose, that is, a purpose that is prohibited by any local, state, national or international law or regulation, or to facilitate the violation thereof; fail to respect other users’ privacy. This includes revealing another user’s password or any other personally identifiable Information; or, post or send to or from the Services any material for which you have not obtained all necessary consents post or send to or from the Services; any material that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others; or, which encourages or constitutes conduct that would be deemed a criminal offense; give rise to civil liability, or, otherwise is contrary to a law in the United States of America; or, post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware; use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of Flytemedical.com/Flytehealth.com; or, any data or content found on or accessed through Flytemedical.com/Flytehealth.com; or, any other Flytemedical.com/Flytehealth.com information without prior express written consent of Flyte in every instance; or, obtain or attempt to obtain through any means any materials or information on Flytemedical.com/Flytehealth.com that has not been intentionally made publicly available either by public display on Flytemedical.com/Flytehealth.com or through accessibility by a visible URL page or link on Flytemedical.com/Flytehealth.com violate any measure employed to limit or prevent access to Flytemedical.com/Flytehealth.com or the site’s content; or, impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity; disobey any requirements, procedures, policies or regulations of networks connected to the Services; or use the Services to stalk or harass another.

7. Password

You are solely responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or account. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation or identification codes and password’s information; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password; (4) agree to Flyte’s password information administration requirements and changes thereto during the Subscription Term. You grant Flyte and all other persons or entities involved in the operation of the Services or any of its programs the right to transmit, monitor, retrieve, store, and use your password information in connection with the operation of the Services as they pertain to your access to the Services. We cannot and do not assume any responsibility or liability for any information you submit using your password, or your or third parties’ use or misuse of the password information transmitted or received using our Services.

8. Links to Other URL, Internet Enabled Websites and Third-Party Devices

The Services contains secure and non-secure URL links to non-Flyte internet sites and third-party health and medical devices (“Enabled 3rd Party Services”). In the majority of the Enabled 3rd Party Services, Flyte has reviewed and established a contractual business relationship with the Enabled 3rd Party Services’ associated website operations and content. During your Subscription Term, Flyte may link to non-reviewed URL links and websites (‘Non-Flyte Links”) established by our licensed customer’s use of the Services. Flyte assumes no legal liability and responsibility for the content and functionality associated to Non-Flyte Links to which the Services provide on behalf of our customer licensees. Links to Non-Flyte Links within the Services do not imply the endorsement or approval of such URLs, web sites, associated products and services, publications contained within them. If you choose to access a Non-Flyte Links, it is at your own risk.

9. Termination

We reserve the right to suspend or terminate your account if you violate this Agreement or if Flyte discontinues, temporarily or permanently, the Services. You agree that all terminations for violations caused by you, your employer organization, or medical insurance provider organization shall be made in Flyte’s sole and absolute discretion. Flyte shall not be liable to you or any third party for any termination of your account, access to the Services, or your Information post termination.

If your violation causes harm to others, you agree to be legally liable and responsible for any and all loss, damage, or expense to Flyte and its associated third parties, including attorneys’ fees and court costs.

10. Disclaimer

Flyte takes all commercially reasonable steps to ensure that the Services are accurate, medically compliant, and correct. However, we do not guarantee the correctness or completeness of the Services. Healthcare professional(s) and/or the affiliated entities who employ the healthcare professional(s) which are recommending the use of or participation in the Services to a referral patient or other consumer end-user may be directly monetarily benefiting from recommendation of the use of or participation in the Services to a referral patient or other consumer and user. Flyte may make changes to the Services at any time upon written notice to users. If information on the Services is out of date, or on rare occasions incorrect, we will make every effort to promptly correct the information. Except as set forth herein, the Services are provided without any conditions or warranties of any kind. To the maximum extent permitted by law, Flyte provide access to and the use of the Services on the basis that Flyte excludes all representations, warranties and conditions as set forth within this Agreement.

11. Miscellaneous

Except as expressly provided in a particular “legal notice” and the Flyte Privacy Policy associated to the Services, this Agreement constitutes the entire agreement between the parties relating to the Services. The failure of Flyte to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within New York. You expressly agree that exclusive jurisdiction for any dispute with Flyte, or in any way relating to your use of the Services, resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Flyte or its third-party affiliates, members, managers, employees, contractors, officers, telecommunication providers, and content providers.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Representation, Information Submissions, User Liabilities, Disclaimer, Miscellaneous.

Flyte Medical Terms of Service

Last Update: December 22, 2021

Medical Terms of Service (“Medical Services Terms”) govern your use of the Medical Services as defined herewithin, these clinical health care services, which include the use of Flyte website, Flyte electronic health record system (“EHR”), Flyte patient management system (“PMS”), Flyte revenue cycle management system (“RCM”), the Evolve application, and Telehealth Services described herewithin (“Medical Services”) provided by Flyte professional corporations and our affiliated clinical health care services clinical health care providers (“Flyte”, “we”, “us”, or “our”). In some regions, Medical Services, with the exception of Telemedicine services, are provided by Flyte jointly with, and/or as subcontractors for, other health provider entities, health systems or academic medical center partners (“Partners”). These Partner relationships are described in more detail in Section 11 below. If you are using Medical Services in a region identified in Section 11, the applicable Partner is also a party to these Medical Services Terms, and “Flyte”, “we”, “us” or “our” means Flyte professional corporations (and our affiliated medical services clinical health care providers) and the applicable Partner, collectively.

Please read the Medical Services Terms carefully before using the Medical Services. By using the Medical Services, including the Telehealth Services, you agree to be bound by these Terms. If you are accepting these Medical Services Terms for another person (“Family Member”) as such Family Member’s guardian, conservator, or custodian, and as parent of a minor child Family Member, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Flyte is affiliated with Intellihealth MSO LLC. (“Intellihealth MSO LLC”), where Intellihealth MSO LLC provides management and administrative services to Flyte. Intellihealth MSO LLC also provides business operations and other non-medical services to integrated health systems, hospitals, corporations, insurance payers, and consumers, and the Terms of Service govern your use of the Services provided by Intellihealth MSO LLC. Please read the Membership Terms of Services carefully before using Intellihealth MSO LLC’s services. Please refer to our Notice of HIPAA Privacy Practices to learn how Flyte collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”).

Please do NOT use the Medical Services, including the Telehealth Services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility.

Updates to the Medical Services Terms

We may modify these Medical Services Terms from time to time. We will notify you of material changes by posting the amended terms on the Flyte website, EHR, PMS, RCM, and the Evolve application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Medical Services Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Medical Services before the effective date of the change. If you continue using the Medical Services after the effective date, you will be bound by the updated Medical Services Terms.

Your Financial Responsibility; Assignment of Benefits

You agree to pay Flyte all applicable charges at the prices then in effect for the Medical Services provided to you or another person on whose behalf you are accepting these Medical Services Terms and/or payment responsibility (such as your children or other family members) (“Covered Family Member”). You will be charged for the Medical Services, including complementary and alternative services provided to you or your Covered Family Member by a Flyte healthcare service provider (each, a “clinical health care provider”). You authorize Flyte to charge your chosen payment method (your “Payment Method”) for the Medical Services provided to you or your Covered Family Member. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms. Flyte may accumulate charges that you’ve incurred for the Medical Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Flyte reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

Medical Services include remote visits with our clinical health care providers. Remote visits are scheduled just like an in-office visit and provide the same service experience, with the exception that the remote visit is conducted remotely over a secure video and audio connection rather than in person. Remote visits are billable just like an in-office visit, at the same fee that would be billed to such a visit if it was conducted in person. For the avoidance of doubt, your financial responsibility and assignment of benefits described above apply to remote visits as well.

If you provide information about your health insurance or health plan, that will be deemed your authorization for us to submit claims for covered Medical Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Medical Services provided to you or your Covered Family Member. You authorize the release of any medical or other information necessary to process any claims for the Medical Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

Appointments: Missed/Late Cancellation

You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee for a missed/late cancelled appointment.

Permission to Treat

You give permission to the clinical health care providers to medically care for you and your Covered Family Member. You may withdraw this consent at any time by no longer seeking Medical Services from Flyte. You understand and agree that as part of providing Medical Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Flyte’s healthcare team electronically (in accordance with our Notice of HIPAA Privacy Practices).

Service Termination

You may terminate your use of the Medical Services at any time by not using the Medical Services any more. We may terminate your use of the Medical Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for our services. We may terminate your use of the Medical Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. If we terminate your use of the Medical Services, we will use reasonable effort to notify your insurer, if any.

Mental Health Services Disclaimer

Mental health services may involve discussing sensitive aspects of your life in person or via Telemedicine (defined below) ; you may experience uncomfortable feelings like sadness, guilt, anger, frustration, loneliness, or helplessness. If at any point you experience significant increased distress or have thoughts of harming yourself or others, you agree to notify your mental health provider so that an appropriate level of support can be provided. Your mental health provider may utilize a set of psychological symptom questionnaires in order to assist with determining a diagnosis and track your progress in counseling, and may discuss the nature of these assessments and your results when applicable.

Intensive Behavioral Therapy Services Disclaimer

Flyte may, from time to time, with your consent, offer complementary methods of intensive behavioral therapy (“IBT”) in connection with the Medical Services. You must inform the clinical health care provider who is caring for you if you are or become pregnant, as this may affect your treatment protocol.

If you seek IBT treatment, you should also consult with you physician to be screened for any predispositions to injuries and risks in regard to any of the IBT treatments, to address serious health concerns, and to avoid any contra-indications, including:

Nutrition consultation services are not licensed by many states in the U.S. The methods of evaluation employed, which may include meal plan design, eating pattern analysis, and progress analysis, are not intended to diagnose disease.
Exercise and physical activity consultation services are not licensed by many states in the U.S. The methods of evaluation employed, which may include establishing measurements for pulse (resting and active state) levels, weight lifting, stretching, and progress analysis, are not intended to diagnose disease.
Lifestyle consultation services are not licensed by many states in the U.S. The methods of evaluation employed, which may include stress reduction exercises, meditation, tai chi, breathing techniques, sleep, progress analysis, are not intended to diagnose disease.

You acknowledge that you understand that while this section describes some of the major risks of IBT treatment, it does not address all of them and other side effects and risks may occur.

You understand that the IBT modalities are not a substitute for conventional medical care and the IBT clinical health care providers cannot anticipate all possible risks and complications of treatment. You will immediately notify your IBT clinical health care provider of any unanticipated or unpleasant effects associated with any of your IBT treatments.

You hereby give consent to any of the IBT clinical health care providers at Flyte to assess and care for your present condition and any other future conditions for which you seek attention.

Consent to Electronic Communications

You agree that Flyte may send the following to you by email or by posting them on our website and mobile application: legal disclosures; these Medical Services Terms, Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services. You agree that Flyte may contact you via secure messaging, email, phone, text, or mail regarding the Medical Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to support@flytemedical.com. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Flyte. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Flyte will need to send you certain communications electronically regarding the Medical Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Medical Services Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Medical Services Terms provided to and accepted by, you.

Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.

The Medical Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Partners

Flyte has partnered with select health systems and academic medical centers in many of our markets to provide Medical Services. As a result, for Medical Services, with the exception of OM Only Telehealth Services, in the following markets, these Medical Services Terms are modified as set forth below. Each of the Partners identified in this section is deemed to be a party to these Medical Services Terms, with the exception of OM Only Telemedicine Services, as they relate to Medical Services provided by the Partner in the corresponding regions identified below.

Telehealth Services and Permission

Flyte may provide certain Telemedicine services to you (the “Telemedicine Services”), together or separately from its regional Partners. You consent to receive emails or other electronic communications from Flyte pertaining to your care and your health, which may include Protected Health Information (“PHI”). You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of clinical health care providers, including Physicians, Registered Nurses, Nurse Practitioners, Physician Assistants, Nutritionists, Naturopathic Doctors, Therapists, and other support or medical personnel.

You give permission to Flyte and the Telehealth Services clinical health care providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services from Flyte.

“Telehealth” is the delivery of healthcare services using technology when the clinical health care provider and patient are not in the same physical location, and/or the virtual delivery of healthcare, medical and IBT services, including by a clinical health care provider or qualified health care professional or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telehealth Services, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

General Provisions

These Medical Services Terms make up the entire agreement relating to your use of the Medical Services, and supersede all prior agreements relating to the subject matter hereof.
We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give you prior notice of any material changes to the Medical Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Medical Services.
We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide you with notices of such changes as applicable.
These Medical Services Terms do not confer any third-party beneficiary rights, except to Partners in the corresponding regions identified herewithin. Each of the Partners is a third party beneficiary of these Medical Services Terms and shall have the right to enforce these Medical Services Terms directly as it deems necessary to enforce its rights or protect its interests in connection with these Medical Services Terms. You may not transfer any of your rights or obligations under these Medical Services Terms to anyone else without our consent. Flyte may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Even after termination, these Medical Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.

If you have any questions about these Medical Services Terms, please contact legal@flytemedical.com.

Intellihealth HIPAA Privacy Practice

Last Update: January, 2022

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. THE PRIVACY OF YOUR MEDICAL INFORMATION IS IMPORTANT TO US.

PLEASE REVIEW IT CAREFULLY. PLEASE KEEP FOR YOUR RECORDS.

1. Our Legal Duty

Although Intellihealth (“Company”) likely is not deemed a Covered Entity pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), because the Company values participant security and collects and stores PHI, it is the Company’s policy to adopt HIPAA’s requirements for the privacy of PHI as best practices. To that end, we voluntarily will follow the privacy practices that are described in this Notice while it is in effect. This Notice will remain in effect until we replace it.

We reserve the right to change our privacy practices and the terms of this Notice; provided, such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our Notice effective for all health information that we maintain, including health information we created or received before we made the changes. We will provide you with a ninety (90) day notice if the changes are material and, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have provided your email address to us or have an active account on this website, we will notify you of material changes via email and we will ask you to affirmatively consent to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on this website.

You may request a copy of our Notice at any time. For more information about our privacy practices, or for additional copies of this Notice, please contact us using the information listed at the end of this Notice.

2. Uses and Disclosures of Health Information

We may use and disclose health information about you for weight management services and operations.

For example:

Operations: We may use and disclose your health information in connection with your weight management services. Operations include quality assessment and improvement activities, third-party connected health and medical devices using single sign-on application interfaces such as oAuth and SAML for data services such as Google Fit or Apple Health Kit, reviewing the competence or qualifications of our employees or independent contractors, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities.

Your Authorization: In addition to our use of your health information for weight management services operations, you may give us written authorization to use your health information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time, by contacting us via email at support@intellihealthcorp.com. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your health information for any reason except those described in this Notice.

Persons Involved In Care: We may use or disclose health information to notify, or assist in the notification of (including identifying or locating) a family member, your personal representative or another person responsible for your care, of your location, your general condition, or death. If you are present, then prior to use or disclosure of your health information, we will provide you with an opportunity to object to such uses or disclosures. In the event of your incapacity or emergency circumstances, we will disclose health information based on a determination using our professional judgment disclosing only health information that is directly relevant to the person’s involvement in the services provided to you.

Marketing Health-Related Services: We will not use your health information for marketing communications from third-party services partners other than the health system and/or clinical health provider who is overseeing and delivering weight management services care for you as a user of Intellihealth’s products and/or services.

Required by Law: We may use or disclose your health information when we are required to do so by law.

Business Associates: We may disclose your health information to healthcare providers, such as doctors, nurses, dietitians, and other “business associates” who need the information in order to assist us with your weight management services, or carrying out our business operations, as defined above. If we do disclose your health information to a business associate, we will have a written contract to ensure that our business associate also protects the privacy of your health information.

Public Health Activities and Oversight Activities: We may disclose your health information to authorized public health officials so they may carry out their public health activities under the law or to government agencies authorized to conduct audits, investigations, and inspections of our operations, as defined above.

Abuse or Neglect: We may disclose your health information to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or the possible victim of other crimes. We may disclose your health information to the extent necessary to avert a serious threat to your health or safety of the health or safety of others.

National Security: We may disclose to military authorities the health information of Armed Forces personnel under certain circumstances. We may disclose to authorized federal officials health information required for lawful intelligence, counterintelligence, and other national security activities. We may disclose to correctional institution or law enforcement official having lawful custody of protected health information of inmate or participants under certain circumstances.

Law Enforcement: We may disclose your health information to law enforcement officials for certain reasons that are allowed by law.

Lawsuits and Disputes. We may disclose your health information if we are ordered to do so by a court or administrative tribunal that is handling a lawsuit or other dispute, including in response to a subpoena, discovery request or other lawful request.

Serious Threat to Health or Safety. We may use your health information or share it with others when necessary to prevent a serious and imminent threat to your health or safety, or the health or safety of another person or the public.

Military and Veterans. If you are in the Armed Forces, we may disclose health information about you to appropriate military command authorities for activities they deem necessary to carry out their military mission.

Appointment Reminders: We may use or disclose your health information to provide you with appointment reminders (such as voicemail messages, postcards, or letters).

Research: Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of patients who received one intervention to those who received another, for the same condition. All research projects, however, are subject to a special approval process before your medical information may be used or disclosed. If you are participating in a research study using Intellihealth, your informed consent will describe in detail who will have access to your information collected via Intellihealth. Your information will be stored in Intellihealth for five years after completion of the research study.

3. Participant Rights

Access: You have the right to look at or get copies of your health information, with limited exceptions. You may request that we provide photocopies. We will use the format you request unless we cannot practicably do so. You must make a request in writing to obtain access to your health information. You may request access by sending us a letter to the address at the end of this Notice.

Disclosure Accounting: You have the right to receive a list of instances in which we or our business associates disclosed your health information for purposes, other than weight management services, payment, operations and certain other activities, for the last six (6) years for written records and all disclosures of an electronic record for the last three (3) years. If you request this accounting more than once in a twelve-month (12-month) period, we may charge you a reasonable, cost-based fee for responding to these additional requests.

Right to Receive Notification of a Breach: You have the right to be notified of a breach of your Unsecured protected health information if the breach poses a significant risk of identity theft, financial, reputational or other harm to you within sixty (60) days of the discovery of the breach. The notice will include a description of what happened, including the date, the type of information involved in the breach, steps you should take to protect yourself from potential harm, a brief description of the investigation into the breach, mitigation of harm to you and protection against further breaches and contact procedures to answer your questions

Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your health information. We are not required to agree to these additional restrictions, but if we do, we will abide by your agreement (except in an emergency).

Alternative Communication: You have the right to request that we communicate with you about your health information by alternative means or to alternative locations (You must make your request in writing.) Your request must specify the alternative means or location, and provide satisfactory explanation how payments will be handled under the alternative means or location you request.

Amendment: You have the right to request that we amend your health information. (Your request must be in writing, and it must explain why the information should be amended.) We may deny your request under certain circumstances.

Electronic Notice: If you receive this Notice on our Web site or by electronic mail (e-mail), you are entitled to receive this Notice in written form.

4. Questions and Complaints

If you want more information about our privacy practices or have questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your health information or in response to a request you made to amend or restrict the use or disclosure of your health information or to have us communicate with you by alternative means or at alternative locations, you may complain to us using the contact information listed at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.

We support your right to the privacy of your health information. We will not retaliate in any way if you choose to file a complaint with us or the U.S. Department of Health and Human Services.

Contact Officer: HIPAA Officer

e-mail: compliance@intellihealthcorp.com

Address: Intellihealth, Inc., 600 California Street, 11th Floor, San Francisco, CA 94108

Flyte HIPAA Privacy Practice

Last Update: December 22, 2021

THIS NOTICE OF HIPAA PRIVACY PRACTICES, TOGETHER WITH THE PARTNERS JOINT NOTICES OF HIPAA PRIVACY PRACTICES (“Notice”) DESCRIBES HOW YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED BY FLYTE, AND IF APPLICABLE, BY ITS PARTNERS (DEFINED BELOW) AND HOW YOU AS A PATIENT CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW THE NOTICE CAREFULLY.

Flyte has partnered with select health systems (“Partners”) in some of its markets. In each of those markets, a Joint Notice of HIPAA Privacy Practices from Flyte and the relevant Partner will apply to you (“Group Notice”).

The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) requires us to ask each of our patients to acknowledge receipt of our Notice of HIPAA Privacy Practices. The Notice is published on the Flyte website, Flyte mobile application, and available at Flyte clinics. You acknowledge receipt of the Notice by clicking on the “I Acknowledge Receipt of the Notice of HIPAA Privacy Practices” button, or by indicating your acknowledgement in another written or digital manner provided. You can receive a copy of the Notice by asking for one at a Flyte practice, or by printing one from our website at anytime.

Each of the Flyte professional corporation affiliates together designate themselves as a single Covered Entity (“CE”) for purposes of compliance with HIPAA, including without limitation: S.I.A. of NY, P.C. (a New York professional corporation) These entities, collectively, are referred to in this policy as “the Affiliates”. Each of these entities, and their related virtual and physical locations and clinical care providers will follow the terms of this Notice. In addition, the entities, sites, virtual and physical locations and clinical care providers may share medical information with each other for treatment, payment, or healthcare operations related to the CE. This designation may be amended periodically to add new covered entities that are part of the Affiliated Covered Entity under HIPAA.

Flyte Responsibilities

Under HIPAA, the Affiliates must take steps to protect the privacy of your “Protected Health Information” (“PHI”). PHI includes information that we have created or received regarding your health or payment for your health. It includes both your medical records and personal information such as your name, social security number, financial information, address, and phone number.

Under federal law, we are required to:

Protect the privacy of your PHI. All of our employees and providers are required to maintain the confidentiality of PHI and receive appropriate privacy training
Provide you with this Notice of Privacy Practices explaining our duties and practices regarding your PHI
Notify you in the case of a breach of unsecured PHI
Follow the practices and procedures set forth in this Notice

Uses and Disclosures of Your Protected Health Information That Do Not Require Your Authorization

The Affiliates use and disclose PHI in a number of ways connected to your treatment, payment for your care, and our healthcare operations. Some examples of how we may use or disclose your PHI without your authorization are listed below.

CLINICAL CARE TREATMENT

To our physicians, nurse practitioners, physician assistants, and others involved in your healthcare or preventive healthcare.
To our different departments to coordinate treatment-related activities, such as prescriptions, lab work, and X-rays.
To other health and clinical care providers treating you who are not on our staff such as other qualified and licensed clinical health care providers. For example (and without limitation), if you are being treated for another chronic disease other than a metabolic disease, Flyte may share your PHI among your primary care provider, chronic care specialist, and your mental health therapist, among others, so they can provide proper care.

PAYMENT

To administer your health benefits policy or contract.
To bill you for healthcare we provide.
To pay others who provided care to you.
To other organizations and providers for payment activities, unless disclosure is prohibited by law

HEALTHCARE OPERATIONS

To administer and support our business activities or those of other healthcare organizations (as allowed by law), including providers and plans. For example (and without limitation), we may use your PHI to conduct quality analysis, data aggregation, review and improve our services and the care you receive and to provide training.
To other individuals (such as consultants and attorneys) and other companies and organizations that help us with our business activities. (Note: If we share your PHI with other organizations for this purpose, they must agree to protect your privacy.

OTHER

We may use or disclose your PHI without your authorization for legal and/or governmental purposes in the following circumstances:

As required by law – When we are required by laws, including workers’ compensation laws.
Public health and safety – To an authorized public health authority or individual to:
- Protect public health and safety.
- Prevent or control disease, injury, or disability.
- Report vital statistics such as births or deaths.
- Investigate or track problems with prescription drugs and medical devices.
Abuse or neglect – To government entities authorized to receive reports regarding abuse, neglect, or domestic violence.
Minors – In general, parents and legal guardians are legal representatives of minor patients. However, in certain circumstances, as dictated by state law, minors can act on their own behalf and consent to their own treatment. In general, we will share the PHI of a patient who is a minor with the minor’s parents or guardians, unless the minor could have consented to the care themselves (except where parental disclosure may be required per applicable law).
Oversight agencies – To health oversight agencies for certain activities such as audits, examinations, investigations, inspections, and licensures.
Legal proceedings – In the course of any legal proceeding or in response to an order of a court or administrative agency and in response to a subpoena, discovery request, or other lawful process.
Law enforcement – To law enforcement officials in certain circumstances for law enforcement purposes. By way of example and without limitation, disclosures may be made to identify or locate a suspect, witness, or missing person; to report a crime; or to provide information concerning victims of crimes.
Health Information Exchanges – We may participate in health information exchanges (“HIEs”) and may electronically share your medical information for treatment, payment and healthcare operations purposes with other participants in the HIEs. HIEs allow us, and your other health and clinical care providers and organizations, to efficiently share and better use information necessary for your treatment and other lawful purposes. In some states, the inclusion of your medical information in an HIE is voluntary and subject to your right to opt-in or opt-out; if you choose to opt-in or not to opt-out, we may provide your medical information in accordance with applicable law to the HIEs in which we participate.
Financial information – We may ask you about income or other financial information to determine if you may qualify for a low income waiver of the membership fee or other services where applicable. We may use this information for operations, marketing, and administrative purposes and to improve our service offerings.
Research – We may disclose health information about you for research purposes, subject to the confidentiality provisions of state and federal law. In most cases, we will ask for your written authorization before using your PHI or sharing it with others in order to conduct research. However, under some circumstances, we may use and disclose your PHI without your written authorization if an Institutional Review Board (IRB), applying specific criteria, determines that the particular research protocol poses minimal risk to your privacy. Under no circumstances, however, would we allow researchers to use your name or identity publicly without your authorization. We may release your PHI without your written authorization to people who are preparing a future research project as long as any information identifying you does not leave Flyte. Enrollment in a research study is completely voluntary, will not affect your treatment or welfare, and your PHI will continue to be protected.
Military activity and national security – To the military and to authorized federal officials for national security and intelligence purposes, to the Department of Veterans Affairs as required by military authorities, or in connection with providing protective services to the President of the United States.

Flyte may also use or disclose your PHI without your authorization in the following miscellaneous circumstances:

Contacting you directly – We may use your PHI, including your email address or phone number, to contact you. For example, we may also use this information to send you appointment reminders and other communications relating to your care and treatment, or let you know about treatment alternatives or other health related services or benefits that may be of interest to you, via email, phone call, or text message.
Your patient account – We may make certain PHI, such as information about care or treatment, appointment histories and medication records, accessible to you through online tools, such as email or your Flyte patient account.
Family and friends – To a member of your family, a relative, a close friend—or any other person you identify who is directly involved in your healthcare—when you are either not present or unable to make a healthcare decision for yourself and we determine that disclosure is in your best interest. We will also assume that we may disclose PHI to any person you permit to be physically present with you as we discuss your PHI with you. For example, we may disclose PHI to a friend who brings you into an emergency room, we may allow someone other than you to pick up your prescription, and we will assume that we may discuss your healthcare with a person you bring with you to your in-office appointments.
Unless you notify us that you object, your name, location within our facility, and general information about your health condition may be disclosed to people who ask for you by name. Members of the clergy will be told your religious affiliation if they ask. This is to help your family, friends, and clergy visit you in the facility and generally know how you are doing.
In the waiting area of our office – When you join us in our office, we may call your name aloud in the waiting area. If you do not wish to have your name called aloud, please tell the front desk admin and we will make adjustments to meet your request.
Treatment alternatives and plan description – To communicate with you about treatment services, options, or alternatives, as well as health-related benefits or services that may be of interest to you, or to describe our health plan and providers to you.
De-identified information – If information is removed from your PHI so that you can’t be identified, except as prohibited by law.
Coroners, funeral directors, and organ donation – To coroners, funeral directors, and organ donation organizations as authorized by law.
Disaster relief – To an authorized public or private entity for disaster relief purposes. For example, we might disclose your PHI to help notify family members of your location or general condition.
Threat to health or safety – To avoid a serious threat to the health or safety of yourself and others.

Uses and Disclosures of Your Protected Health Information That Require Us to Obtain Your Authorization

Except in the situations listed in the sections above, we will use and disclose your PHI only with your written authorization. This means we will not use your PHI in the following cases, unless you give us written permission:

Marketing purposes, except as allowed by HIPAA or applicable law (by way of example, marketing communications allowed by HIPAA without authorization include communications pertaining to care or treatment and/or our products or services.)
Sale of your information.
Sharing your PHI with your employer or school.
Most sharing of psychotherapy notes.

In some situations, federal and state laws provide special protections for specific kinds of PHI and require authorization from you before we can disclose that specially protected PHI. For example, additional protections may apply in some states to genetic, mental health, drug and alcohol abuse, rape and sexual assault, sexually transmitted disease and/or HIV/AIDS-related information, and/or to the use of your PHI in certain review and disciplinary proceedings of healthcare professionals by state authorities. In these situations, we will comply with the more stringent state laws pertaining to such use or disclosure. If you have questions about these laws, please contact the Privacy Officer at privacy@flytemedical.com.

Your Rights Regarding Your Protected Health Information

You have the right to:

Request restrictions by asking that we limit the way we use or disclose your PHI for treatment, payment, or healthcare operations. You may also ask that we limit the information we give to someone who is involved in your care, such as a family or friend. Please note that we are not required to agree to your request, except when a restriction has been requested regarding a disclosure to a health plan in situations where the patient has paid for services in full and where the purpose of the disclosure is for payment. If we do agree, we will honor your limits unless it is an emergency situation. To facilitate a restriction request, please send a request to restrictions@flytemedical.com
Ask that we communicate with you by another means. For example, if you want us to communicate with you at a different address, we can usually accommodate that request. We may ask that you make your request to us in writing. We will agree to reasonable requests.
Request to access or receive an electronic or paper copy of your PHI. To access or receive a copy of your PHI, you can submit the request electronically to myrecords@flytemedical.com, We may charge a reasonable fee for the cost of producing or mailing the copies, which you will receive usually within 30 days. In certain situations, we may deny your request and will tell you why we are denying it. In some cases, you may have the right to ask for a review of our denial.
Ask to amend PHI we created that you feel is incorrect or incomplete. To request an amendment to your PHI that you believe is inaccurate or incomplete, please submit it to amendmyredords@flytemedical.com. In certain cases, we may deny your request and we will do so in writing. You may respond by filing a written statement of disagreement with us and ask that the statement be included with your PHI.
Choose someone to act for you. If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will confirm the person has the authority and can act for you before we take any action.
Seek an accounting of certain disclosures by asking us for a list of the times we have disclosed your PHI. To request an accounting of disclosures list, please submit it to accountingrecords@flytemedical.com. You may request disclosures made up to six years before your request. You may receive one list per year at no charge. If you request another list during the same year, we may charge you a reasonable fee. These lists will not include disclosures made for treatment, payment, or healthcare operations and certain other disclosures as permitted by law.
Request a paper copy of this Notice.
Receive written notification of any breach of your unsecured PHI.
File a complaint if you believe your privacy rights have been violated. You can file a written complaint with us at the address below, or with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints. We will not retaliate against you for filing a complaint.

Communications

We may also use PHI to send you appointment reminders and other communications relating to your care and treatment, or let you know about treatment alternatives or other health related services or benefits that may be of interest to you, via email, phone call, or text message.

We may make certain PHI, such as information about care or treatment, appointment histories and medication records, accessible to you through secured online tools such as your Flyte patient account.

If you choose to communicate with us via emails, texts or chats, you acknowledge that we may exchange PHI with you via email, text or chat, that email, text and certain chat functionality may not be a secure method of communication, and that you agree to the security risks of such communication. If you would prefer not to exchange PHI via email, text or chat, you can choose not to communicate with us via those means, and you can notify us at privacy@flytemedical.com.

Changes to Privacy Practices

The Companies may modify this Notice from time to time. The revised Notice will apply to all PHI that we maintain. We will make any such changes to this Notice by posting the revised Notice on our website. The date of the last update will be clearly indicated at the top of this Notice. Please review this Notice from time to time to ensure you are familiar with our HIPAA privacy practices

Questions and Complaints

If you have any questions about this information, or if you think that we may have violated your privacy rights or you disagree with a decision we made about access to your PHI please contact our Privacy Officer at privacy@flytemedical.com.

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Terms and Conditions

Table of Contents

Intellihealth User Agreement​

1. Acceptance

2. Scope and Description of Services

3. Services Uptime

4. User Representation

5. Information Submissions, Communications and Privacy

6. User Liabilities

7. Password

8. Links to Other URL, Internet Enabled Websites and Third-Party Devices

9. Termination

10. Disclaimer

11. Miscellaneous

Flyte User Agreement

Flyte Terms of Use AgreementLast updated: October, 2021

1. Acceptance

2. Scope and Description of Services

3. Services Uptime​

4. User Representation​

5. Information Submissions, Communications and Privacy​

6. User Liabilities

7. Password

8. Links to Other URL, Internet Enabled Websites and Third-Party Devices

9. Termination

10. Disclaimer

11. Miscellaneous

Flyte Medical Terms of Service​

Last Update: December 22, 2021

Intellihealth HIPAA Privacy Practice​

Last Update: January, 2022​

Flyte HIPAA Privacy Practice​

Last Update: December 22, 2021

Intellihealth User Agreement

Flyte Terms of Use Agreement
Last updated: October, 2021

3. Services Uptime

4. User Representation

5. Information Submissions, Communications and Privacy

Flyte Medical Terms of Service

Intellihealth HIPAA Privacy Practice

Last Update: January, 2022

Flyte HIPAA Privacy Practice