Terms of Service
Effective Date: Jan 15, 2024
Welcome to the Terms of Service for Aimee (this “Agreement”). The Aimee Services are owned by VSee Lab, Inc, and its affiliates and subsidiaries. By accessing or using any of the Aimee Services, You agree to be bound by this “Agreement”, which is a legally enforceable agreement between VSee and You, the individual (“You” or “Your”). This Agreement is in addition to, and not in lieu of, any additional documentation you may be required to agree to as part of the Aimee Services.
1. Aimee Services
This Agreement applies to Your use of any of the Aimee Services including Telehealth Consultations (including General Medical, Behavioral Health, Dermatology, Nutrition, Urgent and Primary). Web and Mobile app based video consultations with a physician or nurse practitioner licensed in Your state, if required, including board certified specialists. Telehealth consultations may provide diagnoses, recommend therapy, and potentially provide non-DEA controlled prescriptions. Features and specifications of the Aimee Services are subject to change at any time without notice.
2. Your Account and Your Use of the Aimee Services
You must provide accurate and complete registration information any time You register to use the Aimee Services. It is Your responsibility to provide us with a true, accurate, and complete phone, e-mail address, physical mailing address, and other information related to Your account(s), and to maintain and update promptly any changes in this information.
You are responsible for maintaining the confidentiality and security of Your password and account, and You are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Aimee of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Aimee shall not be liable for any loss or damage arising from Your failure to comply with this Agreement.
Your use of the Aimee Services and any content accessed through the Aimee Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to register and use the Aimee Services, or You must be the parent or legal guardian for someone under age 18 who is enrolled in the Aimee Services.
If You use mobile services to enter and maintain Your personal information, You understand that You are responsible for safeguarding and securing Your mobile device and the associated credentials (such as username and password). If You leave Your mobile device unattended, or if it is lost or stolen, You understand that Your personal information may be accessible to others. To protect Your confidential health information, it is good practice to enable a touch ID, fingerprint ID, or passcode on Your smartphone.
In using the Aimee Services, You agree not to:
Send or otherwise transmit to or through the Aimee Services any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Aimee Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent Your identity or affiliation in any way;
Violate any applicable laws or regulations in any way;
Allow any other person to use the Aimee Services with your registration or login information.
3. Use of Your Information/Privacy Policy and Practices/Feedback
Aimee will only use information You provide as permitted by the Aimee Notice of Privacy Practices. The Aimee Notice of Privacy Practices identifies the information We collect through the Aimee Services, the steps We take to protect it, and Your rights regarding how that information is used and disclosed.
Aimee may contact You regarding information about an Aimee Services. You acknowledge and consent to receive communications by, but not limited to, email, regular mail, manual or automated text message or SMS, MMS, push notification or in-app message, manual or automated telephone calls, or other reasonable means now known or hereafter developed regarding Your healthcare and other services through the contact information You have provided, including Your wireless number. You acknowledge that You may be charged for such calls by Your wireless carrier.
Aimee may record inbound and outbound calls for quality monitoring and training purposes. You acknowledge and consent to the recording of phone calls between You and Aimee. You may request the call not be recorded.
If You provide suggestions, ideas, feedback, or recommendations (“Feedback”) to Aimee, We are free to use, disclose, reproduce, license, or otherwise distribute, and exploit the Feedback as Aimee sees fit, without an obligation or restriction of any kind to You.
4. Intellectual Property
The Aimee Services are owned by VSee Lab, Inc. We grant to You, for Your personal purposes only, a nonexclusive, limited and revocable right to access and use the Aimee Services during the paid subscription term of the Aimee Services in which are You enrolled, so long as You comply with the terms of this Agreement. You agree not to use the Aimee Services for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of the Aimee Services without Our prior written consent.
All materials available through the Aimee Services may be accessed, downloaded, or printed for the noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials may be made without express written permission of Aimee. Any unauthorized use of the words or images from the Aimee Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
The Aimee Services include materials that are derived in whole or in part from materials that are copyrighted, including the format and layout of the Aimee Services. The copyrights are owned by VSee Lab, or for licensed content, the content providers.
5. Right to Change Terms of Service
Aimee may, at any time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed Terms of Service. You agree to review the Terms of Service periodically and Your use of the Aimee Services following any such change constitutes Your agreement to follow and be bound by this Agreement as amended.
6. Links to Other Sites
The Aimee Services may contain third party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third party-owned web sites. We provide such third-party content and links as a courtesy to Our members. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Aimee Services and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party web sites or content or for the availability of such web sites. Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Aimee assumes no responsibility for the accuracy or veracity of any statement made by such third party. IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED IN THE AIMEE SERVICES, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT.
7. SMS Text Messaging and Email Messaging
The Aimee Services may enable communication between Aimee and You by means of SMS text messages to and from Your mobile device. Aimee will only use information You provide via SMS message as permitted by the privacy documents referenced above and applicable law.
Your mobile operator may charge standard and other text messaging fees for text messages sent and received. Aimee is not liable for delayed or undelivered messages.
Message frequency is recurring/ongoing based on Your preferences as indicated under “Communication Preferences” in Your account. Text STOP at any time to end a conversation using the SMS text service. You may continue to receive other SMS messages in which you are enrolled.
SMS text messaging is not required as a condition of registering for or using the Aimee Services. If You do receive SMS text messages, You acknowledge that such messages will be sent to the phone number You provide to Aimee. Such messages may include protected health information (PHI) based on Your account preferences, and whoever has access to devices connected to that number will also be able to see this information. Additionally, You acknowledge that emails and SMS text messages may not be a secure method of communication and that they are sent through an unencrypted method of communication and that information contained in an unencrypted message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your mobile operator’s SMS text messaging system.
Message and data rates may apply.
The Aimee Services also offers access to messages via email. You acknowledge that communications will be sent to the email address You provide to Aimee. Such alerts may include PHI based on Your account preferences, and whoever has access to the email address will also be able to see this information. Additionally, You acknowledge that email may not be a secure method of communication and that they may be sent through an unencrypted method of communication and that information contained in an unencrypted e-mail is at risk of being intercepted and read by, or disclosed to, unauthorized third parties, such as Your email service provider.
By enrolling to receive Aimee SMS messages and/or email communications, You agree to this Agreement, which becomes effective upon Your enrollment.
8. Disclaimer of Warranty; Limitation of Liability
THE AIMEE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. AIMEE, ITS CLIENTS AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE AIMEE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. YOUR USE OF THE AIMEE SERVICES ARE AT YOUR OWN RISK. ACCESS TO THE AIMEE SERVICES MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF AIMEE, ITS AFFILIATES, ITS CLIENTS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AIMEE SERVICES OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON THE AIMEE SERVICES; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE AIMEE SERVICES, OR YOUR INABILITY TO USE THE AIMEE SERVICES FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE AIMEE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify, defend and hold harmless VSee Lab, Inc, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) Your violation of this Agreement, (ii) Your use, or misuse, of the Aimee Services, and/or (iii) Your posting of material to the Aimee Services.
10. Applicable Law
This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Nevada. Any dispute between VSee Lab and You related to this Agreement shall be resolved exclusively by the state and federal courts of the State of Nevada.
The Aimee Services can be accessed from the United States. Since the laws of each State or country may differ, You agree that the statutes and laws of the State of Nevada, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Aimee Services.
This Agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
11. Modification and Termination of the Aimee Services
Aimee reserves the right to terminate accounts for any reason it deems appropriate including, but not limited to, a belief that Your conduct or Your use of the Aimee Services violates applicable laws or is harmful to the interests of Aimee or any other users. Aimee also may place limits on, modify, suspend or terminate the Aimee Services generally, and may suspend or terminate Your use of the Aimee Services if You fail to comply with this Agreement or otherwise in accordance with Aimee’s internal policies. This suspension or termination may delete Your information, files, and other previously available content. If Aimee terminates the Aimee Services or Your use of the Aimee Services, this Agreement will also terminate, but Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall continue to be effective after this Agreement is terminated.
12. Assignment
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Aimee's prior written consent. Aimee may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
13. General Legal Terms
You will not use any of the Aimee Services, in a manner inconsistent with (i) this Agreement, or (ii) any applicable laws and regulations.
If You have not signed a separate written agreement with VSee Lab related to the Aimee Services, this Agreement is the entire agreement between You and Aimee related to the Aimee Services, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between You and VSee Lab related to the Aimee Services, this Agreement will control.
If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved.
The Aimee Services will be provided by Aimee without regard to Your race, national origin, sex, veteran status, age, disability, diagnosis or religious affiliation.
14. Contact Information
VSee Lab, Inc. is headquartered in San Jose, CA, in the United States of America.
VSee Lab, Inc.
Attn: Legal Department
3188 Kimlee Drive
San Jose, CA 95132
While we make every effort to respond to all correspondence within five (5) business days, we cannot guarantee a response to every communication.
© 2024 VSee Lab, Inc.