Terms of Use

Oula Health^TM Terms of Use

These Terms of Use (“TOU”) are an agreement between you and Oula Health, Inc., a Delaware corporation (“Oula Health”).  These are rules you agree to follow when using our website https://www.oula.local, and/or any interactive mobile application that Oula Health may develop from time to time (collectively, the “Site”), including when you view content on the Site.  Please also familiarize yourself with our Privacy Policy before using the Site, as well as the Notice of Privacy Practices, which governs the collection, use and disclosure of Protected Health Information (“PHI”) as defined by HIPAA.  By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”).  If you do not agree to all of these Terms and Conditions, do not access or use the Site. 

These TOU may change.  Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of Oula Health and the Site will mean that you accept these changes.  You choose whether or not to use Oula Health and the Site.  If you do not agree to all of these TOU, please do not use Oula Health and the Site. 

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. 

Your Relationship with Oula Health 

Oula Health is a company that collects and provides information to users of the Site regarding obstetrics, prenatal and midwifery care.  By accepting these TOU, you acknowledge and agree that Oula Health may send you messages and emails, as set forth in the “Consent to Electronic Communications” section below.  Oula Health will not be responsible in any way, and you will not hold Oula Health liable, for any loss, injury, or claim of any kind resulting form your use of these e-mails and messages. 

Oula Health itself does not offer any diagnosis or treatment.  ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY OULA HEALTH IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW; OULA HEALTH IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY OULA HEALTH IS SOLELY AT YOUR OWN RISK. 

In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. 

Oula Health is designed to support your health decisions and choices you make.  These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship.  Always use common sense when making health decisions.  Oula Health cannot make decisions for you.  Oula Health is not a place for treatment or diagnosis.  Please use any information you find on the Site responsibly.  

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access.  You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site.  You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site.  We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice. 

The Site and the information and content available through the Site are protected by copyright laws throughout the world.  Subject to these TOU, Oula Health grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use.  Unless otherwise specified by Oula Health in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Oula Health.  You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site. 

Consent to Electronic Communications

When you provide us with your e-mail and/or phone number or communicate with us electronically via e-mail, text message, or messages via the Site, you consent to receive communications from us electronically through the number(s) or e-mail you provide. Therefore, you agree to promptly notify us if you change your contact information by updating this information in your account settings. If you later decide that you do not want to receive future communications electronically, please send an email to hello@oulahealth.com.

You may also opt out of marketing-related electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of these Terms of Use provided to and accepted by you.

Even if you opt out, we may need to continue to send you certain communications electronically regarding your access and use of the Site, such as reminders to log into the Site and enter certain demographic or health information. You will not be able to opt out of those communications. If you withdraw your consent to receive communications electronically, certain Site functionalities may become unavailable to you, or may prevent you from using the Site entirely.

Oula Health will make reasonable efforts to ensure that communication is secure, private, and meets your communication preferences; however, we cannot guarantee that information shared via electronic means is 100% secure given the risks inherent in electronic communication.

In consideration of the services provided by Oula Health, you also agree to release Oula Health from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to calls, text messages, emails or other messages, including without limitation any claims, causes of action, or lawsuits based on any asserted violations of the law (including without limitation the Telephone Consumer Protection Act, the Truth in Caller ID Act, the CAN-SPAM Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Health Insurance Portability and Accountability Act, any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Third Party Links.  Oula Health may provide links to third-party web sites.  Oula Health does not recommend and does not endorse the content on any third-party websites.  Oula Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements.  Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites.  Oula Health does not endorse any product, service, or treatment advertised on the Site.  Oula Health does not control and is not responsible for the privacy practices of such third parties.  Oula Health encourages you to review the privacy policies of each website and application you visit and use. 

Use of Site.  Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited.  Oula Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account.  Oula Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU. 

Oula Health may terminate your use of the Site or any of Oula Health’s features or services at any time and for any reason without notice.  You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed.  Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.   

Telehealth Services.  In the event that you access, through the use of the Site, a licensed health care practitioner for a telehealth virtual consultation (“Telehealth Visits”),  such practitioner will be employed or under contract with Lower Manhattan Medical  Care, P.C., a New York professional service corporation (the “PC”) to provide you medical services via audio, video or live chat capabilities remotely or in your residence (the “Medical Services”).  In connection with accessing the Medical Services, you acknowledge as follows: 

• Relationship with Health Care Practitioner.  You agree that you are entering into an agreement with the PC which shall be a provider of the Medical Services to you, which means, among other things, you are entering into a practitioner-patient relationship with the health care practitioner associated with the PC that personally performs the Medical Services.

• Role of Oula Health.  You understand and agree that Oula Health is the provider of certain administrative services to the PC and does not provide professional medical services itself. 

• Prescriptions. With respect to Telehealth Visits, you agree that physicians associated with the PC may not prescribe the following drugs:
• Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III),
• Prescriptions for medications that are restricted by states.
• Prescriptions for medications for psychiatric illnesses.

Oula Health is not a drug fulfillment warehouse.  In the event that a health care practitioner associated with the PC does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment.  The PC does not guarantee that a prescription will be written.

You agree that any prescriptions that you acquire from a PC health care practitioner shall be solely for your personal use.  You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

Limitation on Use by Minors

Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age.  If Oula Health obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Oula Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form.   Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Oula Health if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction. 

Please note that Oula Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example (1) when an international, federal, state, or local law, rule, or regulation requires Oula Health to maintain the content or information; (2) when Oula Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Oula Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information. 

The foregoing is not intended to be an admission that Oula Health is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations. 

Account Information

When a user sets up an account with Oula Health, such individual is creating a direct customer relationship with Oula Health that enables such user to access and/or utilize various functions of the Site.  As part of that relationship, such user provides information to Oula Health, including but not limited to, the user’s name, email address, shipping address, phone number, and certain transactional information that Oula Health does not consider to be “protected health information” or “medical information”.  

Collection of Information 

Oula Health may collect information users provide when they use the Site, including, but not limited to: 

• Personal identifying information such as the user’s name, email address, telephone number, and billing and physical address
• User’s login, password, and account registration details
• Demographic information (such as gender, date or birth, and zip code)
• Computer, mobile device, and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring web pages, cookie information, and hardware and software attributes)
• Third-party website, network, platform, server, and/or application information (e.g., Facebook, Twitter, Instagram) 
• Usage activity concerning your interactions with the Site and/or third-party websites, networks, or applications accessed through the Site (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, etc.)
• Billing, payment, and shipping information 
• Statements or content (e.g., comments, videos, photographs, or images), and information about such statements or content, which users submit or publish on or through the Site, or which are accessed via users’ public or linked social media pages (e.g., Facebook, Twitter, or Instagram) 
• Any other information users provide when they contact or communicate with Oula Health 

If users use their mobile device to visit, access, or use the Site, then additional categories of information that we may collect include: 

• The name associated with the user’s mobile device
• The telephone number associate with the user’s mobile device
• The user’s geolocation 
• With the user’s express consent, information about third-party software applications on the user’s mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications) 

Oula Health may also collect certain medical information, which may include, but is not limited to: 

• Health and medical data that the user may submit for diagnosis or treatment purposes, including information in any questionnaires or surveys the user completes for such purposes
• Healthcare providers previously visited by the user and the dates of such visits
• Images or other data shared by the user for diagnosis or treatment purposes 

How Information is Collected:

Oula Health might collect information directly from users (1) when they visit, access, or use the Site; (2) when they register with or subscribe to use the Site or any products or services available through the Site; (3) when they sign into the Site; (4) when they interact with the Site on any social media platforms; (5) when they allow the Site to access, upload, download, import, or export content found on or through, or to otherwise interact with, their computer or mobile device (or any other device they may use to visit, access, or use the Site) or online accounts with third-party websites, networks, platforms, servers, or applications; or (6) when Oula Health asks them for such information.  In addition, if users or a third parties send Oula Health a comment, message, or other communication about users or their activities on or through the Site, then Oula Health may collect any personal or non-personal information provided therein. 

In addition to the information Oula Health directly collects from its users, it may also collect certain information from the users’ healthcare providers who provide treatment or other services in connection with services provided by the Site.  This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Site.  Oula Health may also receive information from insurance providers or other third parties that may pay for products or services provided by the Site. 

Finally, Oula Health may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytic tools and services.  

Please be advised that if the user chooses to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site might not function properly. 

By visiting, accessing, or using the Site, the user acknowledges and agrees in each instance that the user is giving Oula Health permission to monitor or otherwise track activities on the Site, and that Oula Health may use the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies.  Notwithstanding the foregoing, Oula Health does not permit third parties or third-party cookies to access any communications users have with their healthcare providers, or medical information that user submit to their healthcare providers for diagnosis and treatment purposes. 

Use of Information 

In connection with the services provided by the Site, Oula Health and its affiliates may use the information of its users, subject to the limitations addressed in the Protected Health Information section above, for a number of purposes, including, but not limited to:

• Verifying users’ identity; 
• Confirming users’ location; 
• Administering users’ accounts; 
• Fulfilling users’ requests; 
• Processing users’ payments; 
• Facilitating use of the Site and or products or services offered through the Site; 
• Communicating with users through email or other forms of communication, including providing users with information regarding Oula Health’s products and services and/or promotions regarding such products and services; 
• Providing users with customer support; 
• Improving the Site’s user experience; 
• Analyzing traffic to and use of the Site; 
• Protecting or enforcing Oula Health’s rights and properties and the rights and properties of others; 
• When required by applicable law, court order, or other governmental authority 
• In any other way that Oula Health believes in good faith is necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Oula Health, a user of the Site, or anyone else who may be harmed by such activities or to otherwise further Oula Health’s legitimate business interests). 

Oula Health may de-identify information of users of the Site and use, create, and sell such de-identified information, for any business or other purpose not prohibited by applicable law. 

Disclosure of Information

Subject to the limitations described in Oula Health’s Privacy Policy which is a part of the Terms and Conditions, Oula Health may disclose its users’ information to third parties in connection with the provision of its products and services or as otherwise permitted or required by law.  Oula Health may de-identify its users’ information and disclose such de-identified information for any purpose not prohibited by applicable law. 

Data Retention

Oula Health may retain its users’ information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with its products and services.  Oula Health may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Oula Health or as required by law. 

Transactions

In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Oula Health without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction. 

Jurisdictional Issues

This Privacy Policy, and Oula Health’s collection, use, and disclosure of information is governed by United States law. 

Miscellaneous

Oula Health strives to use reasonable physical, technical, and administrative measures to protect information under its control.  However, users of the Site are responsible for keeping account passwords and information secure and confidential, and such users are responsible for any all use of their accounts on the Site.  If users have reason to believe that the security of their account has been compromised, please notify us immediately.   

Oula Health may supplement, amend, or otherwise modify this Privacy Policy at any time.  When we make changes, we will revise the “last modified” date at the bottom of this document.  We encourage you to review this Privacy Policy periodically.  

Disclaimers

ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER.  OULA HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.  OULA HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCRUACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE.  OULA HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS. 

Limitation of Liability 

IN NO EVENT SHALL OULA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERARTION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE.  SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. 

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST OULA HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST OULA HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Entire Agreement 

These TOU and any other agreements Oula Health may post on the Site or that you and Oula Health may execute from time to time constitute the entire agreement between Oula Health and you in connection with your use of the Site and supersede any prior agreements between Oula Health and you regarding use of the Site, including prior versions of these TOU. 

Governing Law and Jurisdiction

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited.  Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site.   You irrevocably submit to the exclusive jurisdiction of the courts of the State of New York, New York County,  in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction..

If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

Changes to this Agreement

When we make changes, we will revise the “last modified” date at the bottom of this document.  We encourage you to review these TOU periodically.  Your continued use of Oula Health constitutes your agreement to the changed TOU. 

Last modified:  October 2, 2023