Terms of Service
Last Updated: November 2024
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT OR CANNOT AGREE TO ANY PART OF THESE TERMS, YOU MAY NOT USE THE SERVICES.
These Terms of Service (the “Terms” or “Agreement”) are a legal agreement between you (“you,” “your,” or “User”) and Simple Better Health LLC and/or its subsidiaries and affiliated entities (collectively, “Simple Better Health,” “Company,” “we,” “our,” or “us”). These Terms govern your access to and use of the website located at www.simplebetterhealth.com, any mobile applications, online portals, or other digital platforms operated by us, and all related content, products, and services (collectively, the “Services”). Your use of the Services is also subject to our Privacy Policy, which is incorporated by reference into these Terms.
Acceptance of Terms and Conditions
By accessing, visiting, registering for, or using the Services in any manner, you expressly acknowledge and agree that you have read, understood, and agree to be bound by these Terms, including any future modifications. If you do not accept and agree to these Terms, you may not access or use the Services.
We may modify these Terms at any time, in our sole discretion, and any changes will be effective upon posting to the website. Unless otherwise noted, any new features or content added to the Services are also subject to these Terms upon posting. Your continued use of the Services following any changes to these Terms will constitute your acceptance of such changes. If you disagree with any modifications, your sole and exclusive remedy is to discontinue use of the Services.
No Doctor-Patient Relationship; Not Medical Advice
Simple Better Health provides AI-powered health and wellness insights, educational content, and guidance on supplements, nutrition, and lifestyle factors. We do not provide medical advice, diagnosis, or treatment and are not a healthcare provider. The information and content available through the Services are for informational and educational purposes only and are not intended to replace the advice of a licensed healthcare professional.
You acknowledge and agree that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Simple Better Health. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment options. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare provider because of any content you have obtained through the Services. In the event of a medical emergency, call your healthcare provider or local emergency number immediately.
No Insurance Accepted
We do not accept or participate in any commercial health insurance plans or government healthcare programs (including Medicare, Medicaid, or TRICARE). By using the Services, you acknowledge that any products, services, or recommendations obtained from or through the Services are provided on a direct-pay (cash-pay) basis, and you are solely responsible for all associated costs.
Relationship with Simple Better Health
You understand that Simple Better Health:
- Is not a healthcare provider or pharmacy;
- Does not employ or contract healthcare providers to deliver medical care through the Services; and
- Does not provide prescriptions or laboratory services directly.
If you choose to communicate or consult with any third-party healthcare professionals, pharmacies, or laboratories that you may find through links or references within the Services, you acknowledge these are third parties independent of Simple Better Health. Any services or products you receive from these third parties are governed by their terms and conditions, and they are solely responsible for the quality of their services, advice, care, and any prescriptions or other healthcare products provided.
Limitations of the Services
Our Services and recommendations are subject to change due to ongoing development, emerging research, and regulatory changes. We may modify, suspend, or discontinue any part of the Services at any time without notice. The Services are currently intended for individuals who:
- Are at least eighteen (18) years of age or the age of majority in their jurisdiction;
- Have the legal capacity to enter into these Terms; and
- Use the Services for lawful purposes.
Certain products, services, or features may only be available in certain jurisdictions and may be subject to additional eligibility criteria.
Account Registration and Security
To access certain features of the Services, you may be required to register for an account. By creating an account, you agree to:
- Provide accurate, complete, and current information;
- Keep your account information updated;
- Maintain the confidentiality of your username and password; and
- Accept responsibility for all activities that occur under your account.
If you suspect any unauthorized use of your account, you must notify us immediately at support@simplebetterhealth.com. We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
We reserve the right to suspend or terminate accounts at our sole discretion, especially in cases of suspected fraud, false information, violation of these Terms, or other unauthorized activities.
Privacy Policy and Protected Information
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, store, and disclose personal information, including health-related information you choose to provide. While Simple Better Health may process health-related information, we are not a “covered entity” as defined under HIPAA and may not be required to follow HIPAA regulations. Any medical or health information that you submit may not be considered “Protected Health Information” under HIPAA, and may not receive the same level of protection as health information provided to a healthcare provider.
By using the Services, you consent to the collection and use of your personal information as described in our Privacy Policy. If you do not agree with our Privacy Policy, you must discontinue use of the Services.
User Conduct and Prohibited Activities
You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws and regulations. You will not:
- Use the Services in a manner that could harm, disable, overburden, or impair our servers or networks;
- Transmit any viruses, worms, or other harmful code;
- Interfere with any other user’s access to or use of the Services;
- Use the Services for any unauthorized commercial purpose or for solicitation;
- Upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- Infringe upon the intellectual property rights or privacy rights of others;
- Attempt to reverse engineer, decompile, or extract source code from any part of the Services; or
- Use any automated or manual means to scrape or collect information from the Services without our express written permission.
We reserve the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you have engaged in any prohibited activities.
Intellectual Property Rights
All intellectual property rights in and to the Services, including without limitation all content, text, graphics, logos, images, data, software, and other materials (collectively, “Company Content”), are owned by Simple Better Health, its licensors, or other providers of such material and are protected by intellectual property laws.
- You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use.
- You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any Company Content except as expressly permitted by these Terms or with our prior written consent.
User Submissions
Any data, questions, comments, suggestions, or other content (“User Content”) that you provide through the Services will be considered non-confidential and non-proprietary, except where prohibited by applicable law. By submitting User Content, you grant Simple Better Health a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and otherwise exploit such User Content for any lawful purpose. You represent and warrant that you have the right to grant such license and that your User Content does not violate the rights of any third party.
Third-Party Services and Content
The Services may contain links to or integrations with third-party websites, services, products, or content (“Third-Party Content”). We do not endorse, control, or assume responsibility for any Third-Party Content or for the practices of such third parties. Your interactions with third parties are solely between you and the third party. You agree that we will not be liable for any damage or loss arising from your use of, or reliance on, Third-Party Content.
Payment Terms and Subscriptions
Certain features of the Services may be offered on a fee-for-service or subscription basis. You agree to provide current, complete, and accurate payment information and to pay all fees and charges incurred in connection with your use of any paid features of the Services. We reserve the right to change pricing and payment terms at any time, and we will provide you notice of any changes applicable to your account.
Unless otherwise stated, subscription fees are non-refundable. Please review any supplemental terms for cancellation and refund policies.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLE BETTER HEALTH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING HEALTH-RELATED INFORMATION, IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE. SIMPLE BETTER HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMPLE BETTER HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SIMPLE BETTER HEALTH’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Simple Better Health and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Services, or your violation of any rights of a third party.
Dispute Resolution
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Utah, without giving effect to its conflict of law provisions. Any claim or dispute must be resolved by binding arbitration, administered by a neutral arbiter under the American Arbitration Association’s Consumer Arbitration Rules, to take place in Salt Lake City, Utah, unless prohibited by applicable law. By using the Services, you waive your right to a trial by jury or to participate in a class action.
Changes to Terms
We may update these Terms from time to time. We will notify you of material changes through email or by posting a notice on our website. Your continued use of the Services following any changes indicates your acceptance of the revised Terms. If you disagree with the updated Terms, you must stop using the Services.
No Waiver
Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision or any other provision herein.
Severability
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, and the remaining portions will remain in full force and effect.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without notice or consent.
No Agency Relationship
Nothing in these Terms shall be construed as creating any partnership, joint venture, employment, or agency relationship between you and Simple Better Health.
Entire Agreement
These Terms, along with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and Simple Better Health with respect to the Services, and supersede all prior and contemporaneous agreements, understandings, and representations.
Contact Information
If you have questions, concerns, or feedback about these Terms or the Services, please contact us at:
Email: legal@simplebetterhealth.com