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Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Terms of Use

Effective date: September 11, 2016

Welcome to Lucy. Please read on to learn the rules and restrictions that govern your use of our website(s), products, and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at legal@startwithlucy.com.

These Terms of Use (the “Terms”) are a binding contract between you and Instacare Group, Inc. (“Lucy” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Lucy Privacy Policy (http://startwithlucy.com/privacy).

DO NOT USE THE SERVICE TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS IN LABOR, UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENCY MEDICAL ATTENTION.  CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

Our Services

Lucy is designed to help families in their transition to parenthood including by providing health, wellness and perinatal coaching, instruction and education (Collectively “Expecting Parent Services”.)

We encourage you to consult with your healthcare provider before commencing the Services, which includes the Expecting Parent Services.  The Services are not a substitute for a primary care physician, obstetrician, pediatrician or any other medical service.

Expecting Parent Services

Lucy will match you with a “Health Coach” who will provide you the Services, which includes the Expecting Parent Services, in the comfort and convenience of your home, office, or workplace. We strive to maintain the client-health coach relationship throughout your use of the Services but reserve the right to change your health coach at any time. Our health coaches provide you with peer-to-peer support, encouragement, education, instruction and practical tips to help you in your transition to parenthood.

IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY US. LUCY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR HEALTH COACHES ARE NOT ACTING IN A HEALTH CARE PROFESSIONAL CAPACITY. OUR HEALTH COACHES DO NOT PROVIDE ANY MEDICAL, CLINICAL SERVICES, AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE OR CONDITION. LUCY AND OUR HEALTH COACHES DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES OR FROM ONE OF OUR HEALTH COACHES. CONSULTATION WITH OUR HEALTH COACHES IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR HEALTH COACHES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. LUCY HEALTH COACHES DO NOT PROVIDE EMERGENCY SERVICES.

What about my privacy?

Lucy takes the privacy of its users very seriously. Your use of the Services is subject to the current Lucy Privacy Policy (http://startwithlucy.com/privacy).  Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

Intended for Users Over 13. The Services are not for use by individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.

What are the basics of using Lucy?

To use the Services, you first need to sign up with Lucy and create an account (“User Account”). When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, employer and the name of your primary care provider (if you have one), obstetrician, pediatrician and credit card information and/or a redemption code if your employer has purchased or is subsidizing the Services for you. In the future, we may also require users to provide insurance information. Upon successful completion of the sign up process, we will provide you with a personal user account, accessible for you with a password of your choice.

It is imperative that you provide accurate and truthful information about your identity and your health and physical condition during the registration process.  By filling in the Account information requested you represent and warrant to Lucy that all of the personal information you provide during this process is true and correct.  Lucy reserves the right to refuse or cancel your Account or your use of the Services if Lucy determines that you have not provided complete and accurate information regarding your identity and/or have not provided accurate health information.

You have to be 18 years of age or older and reside in a jurisdiction in which the Services are provided to use the Services.  If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Services. You represent that you are of legal age to enter into a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You also agree that you will not choose or use a user name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization.  You may never use another person’s Account or log in details to access the Services.

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You are responsible for maintaining the confidentiality of your username and password that you designate during the Account registration process and you are fully responsible for all activities that occur under your username and password.  You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security.  Lucy will not be liable for any loss or damage arising from your failure to comply with this provision.  You have been informed of the risks of transmitting your personal information by an unsecured means.

Once it is received, your personal information and that of any minor for whom you are responsible, is kept secure by Lucy and the Health Coaches, in accordance with applicable law.

Your use of the Services is subject to the following additional restrictions:

We reserve the right to terminate your Account status if you misuse the Services or if you violate this Agreement including, without limitation, the following rules of conduct:

You may not:

Upload, post, or transmit to any Health Coach by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Impersonate any person or entity, including another Account Holder, Health Coach, or an employee of Lucy, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;

Upload, post, email, or otherwise transmit through the Services by any means, content, materials, or comments that could be characterized as “medical advice;”

Attempt to interfere with or disrupt our servers or networks;

Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;

Stalk or otherwise harass another Account Holder or any of our employees or Health Coach;

Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or Account Holders, including user names or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a minor, that of the minor’s parent or guardian or other responsible adult.

License and Limitations on Use

Lucy grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Services.  Unless otherwise specified in writing, the Services is for your personal and non-commercial use.  The Services, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness, wellness, child birth, parenting and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services (the “Proprietary Materials”) are the property of Lucy or the property of our licensors and are protected by copyright and other intellectual property laws.   All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Lucy.  Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone.  You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials.  You agree not to create, scrape or display our content for any purpose.  You agree not to post any content from the Services to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.

By using the Services, you agree that your use:

Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;

Will not cause nuisance, annoyance, disruption, or inconvenience to any service provider;

Will not impair the proper operation of the network;

Will only be through access points or wireless data account (AP) which you are authorized to use; and

May involve standard messaging charges by your wireless provider.

Payment

There is no charge to create an Account or download the mobile application (if any) on your mobile device. You are charged only when you activate the Services by scheduling a consultation with a Health Coach.

We reserve the right to introduce a fee in the future for downloading the mobile application as registering with us. If we decide to introduce such a fee, we will inform you accordingly and allow you to either continue or terminate your account.

The rates that apply for the Services can be found on our website and through the mobile application (if any). These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for these services.

You agree that you will pay for all Services and that Lucy may charge your credit card account, as provided by you when registering for the Services, for these services including any taxes and late fees, as applicable, that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Lucy with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.  If you employer has paid for or subsidized the Services you will have an opportunity to enter in a redemption code and you will only be responsible to pay for amount uncovered by your employer.

We use a third-party payment processor (the “Payment Processor”) to link us to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors by the Payment Processor or your credit card issuer. In connection with your use of the Services, Lucy will obtain certain transaction details, which we will use solely in accordance with ourPrivacy Policy.

At present we do not process any insurance claims, nor will the Health Coaches process claims on your behalf. Although the Services you receive may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.

Cancellations

If you choose to cancel your Account or your Services, all you have to do is email support@startwithlucy.com.  We will refund any fees you have paid for unused Services.  Lucy reserves the right, at its sole discretion, to reject users of its Services.  If we reject you after you have paid any fee, Lucy will reimburse the unused portion of that fee.

What if I see something on the Services that infringes my copyright?

If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details.  To be effective, the notice must contain the following information:

Please provide:

a description of the copyrighted work that you believe has been infringed;

a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our website or mobile application;

your address, telephone number, and email address;

a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent at the following address:

By mail: Instacare Group, Inc., 399 Webster St, San Francisco, CA 94117

Email: legal@startwithlucy.com

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any Account Holder who repeatedly infringes the copyrights or other intellectual property rights of others.

Geo-Location Functionality

The Services may include and make use of certain functionality and services provided by third parties that allow Lucy to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”).  Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

Third Party Web Sites, Products and Services

The Services, including the mobile app and/or our website, may link to or promote websites, products and/or services from other companies, or offer you the ability to download software from other companies.  You agree that Lucy is not responsible for, and does not control, those websites or any third party products or services.  Lucy encourages you and any minor for whom you are responsible to be aware of this when you leave the mobile application and/or our website or click on links controlled by third parties, and to read the legal notices and privacy policies of each and every location you visit.  Your use (or that of any minor for whom you are responsible) of a third party product, service or website will be subject to such third party’s terms of use, privacy policy and any other applicable terms and conditions.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Lucy reserves the right to modify or change the Terms at any time. The most current copy of the Terms will be posted and available for review on the Lucy website. If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What else do I need to know?

Warranty Disclaimer.  YOU USE THE SERVICES AT YOUR OWN RISK.  LUCY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY LUCY OR HEALTH COACH, OR INFORMATION AND ADVICE PROVIDED BY A HEALTH COACH OR THROUGH OUR MOBILE APPLICATION OR WEBSITE.  YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES, AND HEALTH COACH AND THE CONTENT AND SERVICE AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND LUCY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  LUCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY HEALTH COACH.

Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL LUCY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH COACHES THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF LUCY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF FEES PAID DURING THE PRECEDING 12 MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LUCY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity. You agree to defend, indemnify, and to hold harmless Lucy, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Services or your inability to use the Services; or (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement.  Your agreement to defend, to indemnify, and to hold Lucy (and its officers and directors) harmless applies whether a claim against Lucy is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Services caused damage to you or to any third party and/or your use and access to the Service.  This indemnification section shall survive your termination of or cessation of use of the Services.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without Lucy’s prior written consent. Lucy may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Lucy’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Governing Law and Choice of Forum. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Service will be an appropriate federal or state court located in Santa Clara County, California.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Waiver Of Trial By Jury. EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICES.

Miscellaneous. This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.  No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties.  We may discontinue or change the Services, or its/their availability to you, at any time.  You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern.  If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Last Revised: September 11, 2016