PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT. Hello Doctor Ltd., an Israeli company with offices at 9 Mazeh. Tel-Aviv (“Hello Doctor” or “Hello Heart”, “us”, “our”, “we”) provides a mobile application that helps patients organize their medical documents (“Application” and the “Service” respectively). These Terms of Service (“Terms”) govern your access and use of the Service. “You” or “Your” means a user of the Service. You agree that by registering for or accessing or using the Service you are entering into a legally binding agreement with us. Any entry into, and use of the Service constitutes your agreement to these Terms and Conditions (“Terms”) and all applicable laws and your certification that you are authorized to accept these Terms. We may revise and update these Terms at any time and such revisions are binding. Changes to these Terms shall apply as of and following the date of the change.

Use of Service

You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (b) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. Hello Doctor is not a health care provider and does not provide any type of medical consultation. Persons using this application assume full responsibility for the use of the Service and agree that Hello Doctor is not responsible or liable for any claim, loss, or damage arising from the use of the Services. Hello Doctor does not recommend or endorse any specific drugs, tests, physicians, products, procedures, and opinions. Your reliance upon the information obtained or used by you is solely at your own risk. Hello doctor allows you to access and use the Service subject to the terms and conditions of these Terms for your own use only. The Application is not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed as informational only.

Account Registration

When you complete downloading the Application, you will need to create a Hello Doctor account. Your account allows you to use the Service, subject to these Terms and our Privacy Policy (which may be accessed at helloheart.com and is hereby incorporated by reference). We reserve the right to refuse to allow a user to open or maintain an account for any reason in our sole discretion. To create an account, you must provide us with your e-mail address and select a password. You may not provide false information during the registration process. You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join Hello Doctor again without express permission. You agree to immediately notify Hello Doctor of any unauthorized use of your account or password of which you become aware. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Hello Doctor will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Hello Doctor harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service.

Internet Access May Be Required

Internet connectivity is required for access to and use of the Service. To access the Service by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access the Services through any wireless or other communication service.

Your Content and Sharing Records

We don’t claim ownership of the content you provide on the Service. Your content remains your content. We also don’t control, verify, or endorse the content that you and others make available on the Service. Hello Doctor may use aggregate information and extract statistical data from your content in the manner described in our Privacy Policy; such aggregate information and statistical data is owned by Hello Doctor. We may share enrollment and usage (engagement) information needed to administer the wellness program with employers. If you share information on the service in a way that infringes others’ rights, including privacy rights, you’re breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn’t violate any law. We may remove your information from the Service at any time if you breach these Terms. You’re responsible for backing up the data that you store on the service. We recommend that you keep your original documents for backup. If your service is canceled, you hereby authorize us to permanently delete your data from our servers. You agree that we have no obligation to return data to you after the service is cancelled. If data is stored with an expiration date, you agree that we may also delete the data as of that date. Deleted data may be irretrievable.

Termination of Account

You agree that Hello Doctor may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Hello Doctor, or (v) behavior that violates the privacy of other users or third parties. If Hello Doctor believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Hello Doctor account at any time and for any reason by sending an email to contact@helloheart.com. Any suspension, termination, or cancellation shall not affect your obligations to Hello Doctor and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.

Privacy

You explicitly consent to the use, access, disclosure, transfer and preservation of your Personal Information (as defined in the Hello Doctor’s privacy policy) by Hello Doctor in connection with providing the Service, including storing, processing, and disclosing the data in accordance with these terms and Hello Doctor’s privacy policy, which is available at helloheart.com and is incorporated by reference in these Terms. Additionally, by providing your phone number, you consent to Hello Doctor using your telephone number on file to contact you when using the Service in relation to a health care message (e.g. confirmations and reminders, home healthcare instructions, prescription notifications, lab results, etc.), including sending text message communications, mobile push notifications, and/or phone calls. This consent does not give Hello Doctor permission to use telemarketing or promotional calls or texts made using an automatic telephone dialing system or to use artificial or pre-recorded telemarketing or promotion voice calls to your wireless or residential number. To stop receiving communications through text messages, mobile push notifications, or phone calls, you must contact@helloheart.com and withdraw your consent.

Breach of Personal Information

If your Personal Information is acquired, accessed, used, or disclosed in a manner not outlined by these Terms that compromises the privacy or security of the Personal Information, you agree to receive notification of this breach from Hello Heart or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. If you do not agree to receive breach information via electronic mail, you must contact Hello Heart by email at contact@helloheart.com and withdraw your consent. You also permit Hello Doctor, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification.

Proprietary Information

All elements comprising the Application and Services, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Hello Doctor or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Services or any Hello Doctor content is strictly prohibited. Trademarks, service marks and logos displayed on the Service are the exclusive property of Hello Doctor unless otherwise stated and may not be used without the express written consent of Hello Doctor. All rights not expressly granted herein are reserved to Hello Doctor, its affiliates and its licensors.

Use Restrictions

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other Personal Information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Hello Doctor or any other third parties’ intellectual property, privacy or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Application is the property of Hello Doctor, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Application and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or password without permission. Hello Heart can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from Hello Doctor Ltd.

Availability

Hello Doctor shall use reasonable commercial efforts to maintain the availability of the Service, but does not guarantee any specific level of availability of Service. Hello Doctor will not be liable to you as a result of temporary service interruptions. You acknowledge that Hello Doctor may, in its sole discretion and at any time, modify or discontinue providing Services or any part thereof without notice, and in such event you will not be able to access your health information you have uploaded to the Service.

Deleting Personal Information

You can delete any Personal Information that you are a custodian of by signing in to your account and editing your medical documents. When you move Personal Information to the trash, you may still view it there, and can restore it or delete it permanently from there at any time. We wait 30 days before permanently deleting the Personal Information in order to help avoid accidental or malicious removal of your medical documents. We may keep certain aggregated or statistical data for our use after the Personal Information is deleted.

Disclaimers & Disclaimer of Warranty

Your use of the Service is at your sole discretion and risk. The Service are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Hello Doctor. HELLO DOCTOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Service and to the goods or services made available through the Service, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HELLO DOCTOR DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Service; OR (II) THAT THE Service WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Service. HELLO DOCTOR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Hello Doctor content information at any time without prior notice.

Limitation Of Liability

Hello Doctor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Hello Doctor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Service, including any injury or damage to users or to any person’s mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Hello Doctor be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL HELLO DOCTOR OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Application OR CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT HELLO DOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL HELLO DOCTOR’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO HELLO DOCTOR FOR USE OF THE Application. IF YOU HAVE NOT MADE ANY PAYMENTS TO HELLO DOCTOR FOR THE USE OF THE SERVICE, THEN HELLO DOCTOR SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Hello Doctor and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

Additional Terms

Programs and devices that connect with the Application are provided by third parties. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Hello Doctor. Your use of those programs and devices is solely between you and the third party. Your use of them is governed by those programs’ separate terms of use and privacy statements. The programs’ terms do not apply to the service or to your legal relationship with Hello Doctor. Nothing in any third-party terms increases our liability or changes your relationship with us. Certain programs may not be available to all Hello Doctor users. Please review the terms and privacy statements provided with third-party programs. Be aware that they affect how you share your Personal Information when using that third-party program.

Miscellaneous

Waiver The failure of Hello Doctor to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right, or operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time. Severability If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such terms shall be interpreted and enforced to the fullest extent permitted by law The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term.

Notice

All notices hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service email to Hello Doctor, at contact@helloheart.com . A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by email. Governing Law and Venue These Terms shall be interpreted in accordance with the laws of the State of Israel. Customer agrees that any legal or equitable action of whatever nature by or against Hello Doctor arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Tel-Aviv-Yafo, Israel. For users located in the United States, these Terms shall be interpreted in accordance with the laws of the State of New York. Customer agrees that any legal or equitable action of whatever nature by or against Hello Doctor arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of New York. Updated: July 2017