HIPAA Notice of Privacy Practices for Pluto Health

Effective date: January 11th, 2024

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides standards for how medical information should be used and disclosed by healthcare providers, health plans, and other covered entities. Pluto Health is a health care provider that both directly delivers laboratory and medical services through its personnel as well as contracts with licensed providers to deliver health care services. We provide each of our users with this information and ask each of our users to acknowledge receipt of our HIPAA Notice of Privacy Practices for Pluto Health, which discloses our practices for personal information gathering and dissemination. Please note that by registering on the website (the “Site”) or by using the services provided by Pluto Health, together with any independent contracted affiliates (together “Pluto Health”, “we”, “our” or “us”), you accept the practices described in this Notice of Privacy Practices. If you do not agree to this Notice, please do not use the Site or Pluto Health’s services. IF YOU ARE UNDER 13 YEARS OF AGE OR RESIDE OUTSIDE OF THE UNITED STATES, PLEASE DO NOT USE OR ACCESS OUR SITE.

What information do we collect from users and how is it used?

Registration. Before using some of our services, we need you to register with the Site and provide your name, email address, your home address, and other personal details. We request this information for identification purposes, to communicate with you, and to improve the functioning of certain services. In some cases, we (through our service provider) may create biometric information or collect information from third party databases to verify your identity prior to your use of our services. We will ask for your consent prior to creating biometric information. By providing us with your email address, you consent to receiving information from us through the email you provide us, with may include some protected health information which is private to you and protected under HIPAA. For more information on the information we collect, you can also review our Terms of Use and Privacy Policy, which can be found on our website. You may also be asked to complete other forms (e.g. intake forms, medical record unification, informed consent, etc.) depending on the services you choose.

Enrollment Forms. To fully use our offerings, you may need to fill out forms and input information that ask for or contain personal information such as your name, contact information, health, health history, medical providers, and other personal information.

Medical Records. In order for us to get you the best care, we may ask you to provide us with a list of your providers, patient portal information which you may have access in the past or will access in the future, and the health systems you’ve visited. We may also ask you for a description of symptoms, a medical history, lifestyle descriptions and information regarding your interest and past experiences at prior health entities, participation in clinical trials and research. In addition, if you see a provider that orders labs through Pluto Health, we will maintain a medical record that contains the details of the care you receive through Pluto Health or it’s affiliated business associates involved in your care.

Correspondence. If you correspond with us via email, secure message, or text, we may gather in a file specific to you the information that you submit.

Treatment, Evaluations, and Recommendations. We will use your information to inform your care options, treatment plans, recommendations, health care and related services and suggestions, regarding your healthcare and recommend services that may assist in your care, such as provider referrals and access to lab work. Pluto will provide you with health recommendations and may also make available added services like mailing of printed insights, a clinician chat function, and lab testing. It is always recommended that you also notify and consult your primary care provider or other relevant health practitioners for any test results, lab work questions or results, health related questions, or changes to your care plans.

Recordings. If you contact our care team by phone or by email, we may record and retain copies of the interaction for, among other things, quality assurance and training purposes. If you access any apps or other services we offer, we may record your interactions with our software or our providers.

We will store the above described categories of information for as long as needed to provide our services, and as required to comply with our legal obligations (including those under HIPAA), resolve potential or actual disputes, improve the quality of our services, or enforce our agreements. Biometric information will be kept no longer than three years.

How does Pluto Health use and disclose protected health information about you that we collect?

We are required to maintain the confidentiality of your protected health information (“PHI”), and we have implemented policies, procedures, and other safeguards to help protect your PHI from improper use and disclosure. We protect your PHI in accordance with HIPAA and all other applicable laws and regulations. Where an applicable state law or any other applicable law or regulation requires more protection for your PHI than HIPAA, we comply with that law or regulation as well.

Below, we describe different ways that we may use your PHI amongst ourselves and disclose your PHI to other persons and entities. We have not listed every possible use or disclosure in the list below, but all of the ways that may use and disclose PHI fall within one of the categories below. As we describe below, some uses and disclosures will require your specific authorization.

Treatment. We can use your PHI and share it with other professionals or programs that are treating you, such as when you visit a new health care provider or are offered services related to your health by other entities. By using our services, you hereby explicitly consent to the sharing of information like your name, age, gender, problems you are seeking help for, including alcohol and substance use, care preferences, health plan coverage, and progress of your treatment with current and potential providers to promote good outcomes.

Run our Organization. We can use and share your PHI to support our business operations, which include caring for you. This means your information may be shared to run our offerings, improve our offerings to clients, improve your care and the coordination of your care, and contact you when necessary, such as using your PHI to manage your treatment and services.

Health Care Operations. We may use and disclose your PHI to support various business functions and activities that enable us to provide services to you. These functions may include, but are not limited to: quality assessment and improvement activities; reviewing the competence or qualifications of the health care providers in our network; and legal, auditing, and general administrative services. For example, we may use or disclose your PHI to: (i) inform you about programs to help you manage a health condition; (ii) provide customer services to you or; (iii) investigate potential or actual fraud and abuse. We may also disclose your PHI to non-affiliated third parties where allowed by law and as necessary to help us fulfill our obligations to you.

Billing and Payment. We may use and share your PHI to confirm eligibility for services and to receive and ensure proper payment. For example, we may request your information from your health plan or employer in order to confirm eligibility for laboratory services.

Disclosure at Your Request. If you ask us to send PHI about you to a third party, such as a friend, family member, health care provider, or health care company, we will do so if we believe that your request is authentic. We may ask you to prove your identity before we honor this request. We may need up to 60 days to honor a request like this, depending on the information that you would like us to disclose, but in most cases, we can honor this request in seven or fewer days.

Business Associates. We provide some aspects of our services through contracts with business associates for whom we are legally responsible. Examples of our business associates include companies involved in your care, for secure cloud hosting, management consultants, quality assurance reviewers, identity verification providers, accreditation agencies, and billing and collection services. We may disclose your PHI to our business associates so that they can perform the jobs that we have asked them to perform. To protect your PHI, we require our business associates to sign written agreements requiring that they appropriately safeguard your PHI and use it only as we permit.

Affiliated Covered Entity and Organized Health Care Arrangement. We may participate as part of an Affiliated Covered Entity (ACE) or organized health care arrangement (OHCA). An ACE is a collective designation under HIPAA for a group of legally separate health providers that may work together. These entities may choose to function together for compliance with HIPAA regulations. These entities and arrangements, collectively, are referred to in this policy as “care teams". This includes, but may not be limited to over time, Pluto Health, PLLC and Swell Health, PLLC. This allows us to provide coordinated care and comprehensive services to our patients across care teams. This may allow care teams to share protected health information (PHI) among themselves facilitating coordinated care and efficient healthcare operations. These arrangements are common among different healthcare groups and many health systems that operate nationally, sometimes to maintain compliance with state regulations. (See Cigna example and Stanford example). Like many health organizations, depending on a patient's care needs and patient populations served, services may be individually or jointly coordinated. These arrangements help care teams to:

1. Ensure efficient healthcare operations and treatment plans
2. Enable coordination and effective communication about your health needs.
3. Maintain consistent application of privacy and security measures across all entities.
4. Provide expanded health and health-related services
5. Assist in providing and fulfilling more comprehensive health services and treatment options.

For more information or a comprehensive list of providers involved in your care, please send requests to hello@pluto.health.

Information Sharing and Use. We may share your personal health information (PHI) for treatment, payment, and healthcare operations. This may assist Care Teams in providing health services and health-related services, such as, but not limited to access to laboratory testing, clinical services, and medication delivery. This sharing of information helps care teams to enhance the quality of care you receive and to operate more efficiently and comprehensively.

​This relationship enables us to provide you with comprehensive and coordinated healthcare services while ensuring your information is handled in compliance with HIPAA privacy and security rules. We may share your PHI with clinical teams to provide you with coordinated and comprehensive healthcare services. This is done in compliance

Other Uses. We are allowed or required to share your information in other ways – usually in ways that contribute to your benefit or public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: “Your Rights Under HIPAA”. The following are ways we may share your information:

• Help with public health and safety issues: We can share health information about you for certain situations such as reporting suspected abuse, neglect, or domestic violence; preventing or reducing a serious threat to anyone’s health or safety; reporting adverse reactions to medications; preventing disease; and helping with product recalls.
• Do research: When you participate in a research study that involves your treatment, we may disclose your PHI to researchers, provided that you have signed a specific authorization for us to do so or an Institutional Review Board has approved the disclosure in connection with its review and approval of the research proposal and the procedures that the research organization has established to protect the privacy of your PHI.
• Comply with the law: We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
• Work with a medical examiner or funeral director: We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
• Help improve your care. For your benefit, we may share information to help optimize care coordination and improve insights into your health related conditions.
• Address workers’ compensation, law enforcement, and other government requests: We can use or share health information about you for workers’ compensation claims; for law enforcement purposes or with a law enforcement official; with health oversight agencies for activities authorized by law; for special government functions such as military, national security, and presidential protective services.
• Respond to lawsuits and legal actions: We can share health information about you in response to a court or administrative order, or in response to a subpoena.

You have both the right and the choice to tell us to share your PHI with your family, close friends, or others involved in your care; share your PHI in a disaster relief situation; and other health related functions. If you are not able to tell us your preference, we may go ahead and share your information if we believe it is in your best interest.

We will never share your PHI, unless you give us written permission to, as allowed by HIPAA, or required to meed federal or state compliance. You may revoke or restrict the authorization to disclose your PHI at any time.

Pluto Health reserves the right to release collected information to law enforcement or other government officials, as we, in our sole and absolute discretion, deem necessary or appropriate.

What are your rights regarding your protected health information?

You have certain rights regarding protected health information that we maintain about you, including rights to:

• Get an electronic or paper copy of your medical record. You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Contact us at the information below to ask us how to do this. We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
• Ask us to correct your medical and other records. You can ask us to correct health or other information about you that you think is incorrect or incomplete. We are not required to agree to make the change. For example, we will not generally change our information if we did not create the PHI or if we believe that the PHI is correct. If we accept your amendment request, we will make reasonable efforts to inform others, including people you name, of the amendment and include the changes in any future disclosures of your PHI. Contact us at the information below to ask us how to do this. We may say “no” to your request, but we’ll tell you why in writing within 60 days.
• Request confidential communications. You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will say, “yes” to all reasonable requests.
• Ask us to limit what we use or share. You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
• Get a list of those with whom we’ve shared information. You can ask for a list (accounting) of the times we’ve shared your health information for 6 years prior to the date you ask, who we shared it with, and why. We will include all disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
• Get a copy of this privacy notice. You can ask for a paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
• 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 make sure the person has this authority and can act for you before we take any action.
• File a complaint if you feel your rights are violated. You can complain if you feel we have violated your rights by contacting us using the information below. Please feel free to contact us at hello@pluto.health if you have any concerns about your PHI. You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights. We will not retaliate against you for filing a complaint.

What are Pluto Health’s responsibilities with my information?

We are required by federal law (HIPAA) and state law to maintain the privacy and security of your protected health information. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your protected health information. We must follow the duties and privacy practices described in this notice and give you a copy of it. We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

How will I know about changes in the Notice of Privacy Practices?

Pluto Health reserves the right to update this Notice of Privacy Practices from time to time, but we may not change this Notice in a way that would violate HIPAA. Please visit this page periodically so that you can be updated of any changes. The policies indicated in this Notice will remain effective, even if you are no longer using our Site or services.

At times, Pluto Health may work with a third party contracted provider to deliver services to you. To the extent that there is a conflict between Pluto Health’s Notice of Privacy Practices and that of a third party contracted provider regarding how your PHI will handled, the Notice of Privacy Practices for Pluto Health, Inc will take in effect if you signed up directly through Pluto or the Notice of Privacy Practices or Privacy policy of the health care entity you signed up for first will take in effect.

How to contact us? If you have questions, or need to reach us for any other reason, you may contact the team at Pluto at hello@pluto.health

Acceptance of the Terms of Use.

By accessing or using the Pluto Health platform, website and/or the mobile application, offered by Pluto Health (“Pluto Health,” “we,” “us” or “our”) at www.trypluto.com and all associated pages and services (collectively referred to as our “Website”) and/or through the mobile application that you have downloaded, including all software therein (the “Mobile Application”), the Mobile Application and Website collectively referred to as the “Services”, you (the “User”, “your” or “you”) confirm that you have read, understand and agree to be bound by these terms of use (“Terms of Use”). Please read the Terms of Use carefully and print a copy for your records.

IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

PLEASE BE AWARE THAT THESE TERMS OF SERVICE, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND PLUTO HEALTH HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST PLUTO HEALTH TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 15 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST PLUTO HEALTH ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION.

PLEASE SEE BELOW FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF SERVICE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Changes to these Terms of Use.
   By accessing our Services, you acknowledge that we have the right to revise and amend
   these Terms of Use without prior notice. Your continued use of the Service following our posting of any such changes will mean that you accept such changes. Notwithstanding the foregoing, We may notify you at the email address provided to us or by a posting in the Mobile Application or Website in the event that we make any material changes to these Terms of Use, and you may have to agree to or reject the updated Terms of Use at that time, in order to continue using the Services. Mobile Application. If the User has elected to download our Mobile Application, we hereby grant you a limited, non-transferable, revocable license to use the object code of such software within the Mobile Application on any mobile device that you own or control that such Mobile Application is authorized to be operated on (as determined by us in our sole discretion) and is permitted by this Terms of Use. The Mobile Application is licensed, not sold, to you for use only under the terms of this Terms of Use. Pluto Health reserves all rights, title and interest not expressly granted to you. Nothing herein allows you to use the Mobile Application on a device that you do not own or are not authorized to control. Furthermore, with respect to any Mobile Application accessed through or downloaded from an App Store such as Google Play® store or the Apple’s® App Store® (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (1) on a product that runs the operating system for which it was intended and (2) as permitted by the “Usage Rules” set forth in the corresponding App Store. Use of the Mobile Application from a third party App Store is also subject to the provisions outlined here (App Store).
2. The Services are For Use by Individuals 18 Years of Age and Older. While Pluto Health stores, processes and transfers data of individuals of all age, including data regarding children based on their guardian’s or parent’s consent, the Services are intended solely to be accessed by natural persons who are eighteen (18) years of age or older, and any registration by, use of, or access to the Services by any person under 18 is unauthorized and in violation of these Terms of Use. We may terminate your use of the Services without notice if we believe you are less than 18 years old. By using the Services, you represent and warrant that, you are a natural person, you are 18 or older, and that you agree to and will abide by all of the terms and conditions of these Terms of Use.
3. Services Use Restrictions. Without our prior written consent, you may not:

• Use any automated means to access this Services or collect any information from the Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
• Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any Services’ pages, or otherwise affect the display of any pages on the Services;
• Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
• Use the Services in any manner that violates applicable law or that could alter, damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services; or
• Access, use or monitor our Services for benchmarking or any competitive purposes. We may terminate or disable your access to these Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms of Use.

User Representation, Content, and Consent

• User Representations. Parts of the Services may be accessed only by registering for an account and creating a password. Keep your password secure. You are responsible for the activities on your account. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including without limitation any copyright, trademark, patent, privacy, publicity, or other personal or intellectual property rights; or contain libelous, defamatory, or otherwise unlawful material. You will notify us promptly if you discover any unauthorized use of your account. We are not responsible for any losses resulting from unauthorized use of your account. In addition, you agree not to use the Services to:
1. Except where authorized by us, register for more than one User account, register or operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name;
2. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
3. Upload, post, transmit, share, store, or otherwise make publicly available through the Services any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers, unless expressly authorized to do so by that third party;
4. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services; or Use or attempt to use another’s account without authorization from that person, or create a false identity through the Services.
5. The Services Do Not Provide Medical Advice that is meant to replace or substitute your relationship with your doctor. Our service is meant to help facilitate conversations with your care team. The Services are provided for your convenience and services are meant to supplement wellness activities and not replace regular medical care. The services provided contain a Website for a secure, private view into electronic health records and may give you a secure way augment ways to communicate with your care team of anticipated health needs. It may also provide you with tools to help you manage your health. Use of the Services does not necessarily create a health care provider/patient relationship between you and Pluto Health or any of our providers. The Services are not a substitute for professional medical advice, diagnosis or treatment. You should always seek the advice of a physician or other qualified health care provider with any questions regarding next steps for personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read through the Services. If you suspect that you have a medical problem or condition, please contact a qualified health care professional on your primary care team or speciality team immediately. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE DIAL 911.
6. Information Posted through the Services. As between us and you, all content made available on or through the Services, whether uploaded, published, or displayed by us, including designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, except as provided in this document (App Store) is the property of Pluto Health (collectively the “Pluto Health Content”). To the best of our knowledge, we use only content that we own or have permission to use. No Pluto Health Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the owner’s prior written permission. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You are solely responsible for the information that you post on or through the Services and your conduct regarding the Services. By posting information to or through the Services, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification, to the extent you are provided a password and identification; (c) promptly notify us of any changes to information or circumstances that could affect your eligibility to continue using the Services; and (d) be fully responsible for all use of your account and for any actions that take place using your account. The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Where the Services contain links to Third-Party Links & Ads, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Pluto Health does not review, approve, endorse or make any promises with respect to Third-Party Links & Ads. You use Third-Party Links & Ads at your own risk. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, not these Terms of Use.
7. Consent to be Contacted. To the extent required by applicable law, we ensure we make the proper disclosures and obtain consumer consent when collecting your contact information.
8. Intellectual Property. Trademarks The “Pluto Health” name and all associated graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress in the United States. Pluto Health’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Pluto Health. Submissions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”), provided by you to us through the Services are non-confidential and shall become the sole property of Pluto Health. Pluto Health shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Copyright Complaints If you believe that any material on the Services infringes upon any copyright which you own or control, you may send a written notification of such infringement to our designated agent as set forth below: Pluto Health ● support@pluto.health or via telephone at 424-396-5507 To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication including the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   App Store. When you download our Apps, you may do so through a third party’s online application store (“App Store”). You acknowledge that these Terms of Use are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless or cellular network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application: Your use of the App Store Sourced Application must comply with the App Store’s “Terms of Service” or equivalent terms. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Pluto Health and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pluto Health. You and we acknowledge that, as between Pluto Health and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
   You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Pluto Health and the App Store Owner, Pluto Health, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms of Use, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of these Terms of Use as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting any other terms in these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

DISCLAIMER AND LIABILITY

Disclaimers. We reserve the right to change any and all content within the Services and any service offered through the Services at any time without notice. We provide the Services “AS IS” and assume no responsibility for any failure to provide the Services to you. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We may discontinue the Services or any goods or services available through the Services at any time and for any reason. We are not responsible for any problems or technical malfunction of any telephone or cable network or lines, servers or providers, computer equipment, software, failure of email, or technical problems or traffic congestion on the Internet or on or through the Services, including injury or damage to Users or to any other person’s devices related to or resulting from use of the Services. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user data, financial damages, lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Services. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, and that we EXPRESSLY DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND SATISFACTORY QUALITY.
Limitation of Certain Damage Types. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED OR PROHIBITED, IN NO EVENT WILL PLUTO HEALTH OR ANY OF ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES OR ANY OF CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICES, EVEN IF ANY OF US IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability Amount. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES OR PRODUCT AT ISSUE IN THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND $20. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR A SERVICE OR PRODUCT, YOU SHALL BE LIMITED TO, AT MOST, INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, AND SHALL NOT BE ENTITLED TO ANY OTHER DAMAGES, REGARDLESS OF THE CAUSE OF ACTION. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM OUR WILLFUL MISCONDUCT; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY APPLICABLE LAW.
Disputes, Governing Law, Venue, and Jurisdiction. By using the Services, you agree that these Terms of Use shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. For any cause of action initiated against Pluto Health relating to these Terms of Use, you and Pluto Health agree to submit to the exclusive and personal jurisdiction of the courts located in Raleigh, North Carolina. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party.
Arbitration Agreement & Dispute Resolution Please read this Arbitration Agreement carefully. It is part of your contract with Pluto Health and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Services or to any other aspect of your relationship with Pluto Health will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Pluto Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST Pluto Health ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH PLUTO HEALTH, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST PLUTO HEALTH IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, at Troutman Pepper in Atlanta, Georgia. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pluto Health will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Pluto Health. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The arbitrator has the same authority toaward relief on an individual basisthat a judge in a court of law would have. The award of the arbitrator is final and binding on you and Pluto Health.
Waiver of Jury Trial. YOU AND PLUTO HEALTH EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Pluto Health are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and Pluto Health over whether to vacate or enforce an arbitration award, you and Pluto Health waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Pluto Health is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in this document (Disputes, Governing Law, Venue and Jurisdiction) above.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Pluto Health can force the other to arbitrate. To opt out, you must notify Pluto Health in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Pluto Health username (if any), the email address you used to set up your Pluto Health account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: privacy@pluto.health. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Exclusive Venue. To the extent the parties are permitted under these Terms of Use to initiate litigation in a court, both you and Pluto Health agree that all claims and disputes PLUTO HEALTH TERMS OF USE arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in North Carolina.
Indemnity. To the maximum extent permitted by law, you agree to indemnify and hold us, our subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs (including attorneys’ fees), and expenses, arising out of or in connection with your use of the Services or any violation of these Terms of Use. PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.

Survivalship: The following Sections survive the termination of these Terms of Use: Disputes, Governing Law, Venue, and Jurisdiction, Disclaimers and Liability, Intellectual Property