Terms of Service

Last updated: December 25th, 2023

From everyone at BOK Healthcare, thank you for using our product! We build BOK to help you be at your best. There are many of people using BOK Healthcare products every day. Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to BOK Healthcare Inc.

When we say "Service" or “Services”, we mean our website, BOK Healthcare.com, and any product created and maintained by BOK Healthcare Inc. That includes the BOK mobile application.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision.

If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback at support@nebulos.tech.

Scope and Limitation of Services

BOK Healthcare is dedicated to enhancing wellness through our innovative health management solutions. Our goal is to encourage a healthy lifestyle and assist users in improving their overall well-being. However, it's important to note that BOK Healthcare is not a healthcare provider, and our services are not designed to diagnose, treat, cure, or prevent any disease or medical condition. When using BOK Healthcare's platforms and services, please understand they are not substitutes for professional medical advice. Any health-related decisions should be made in consultation with your physician, not solely based on information from BOK Healthcare.

You recognize and agree that BOK Healthcare does not offer medical advice, diagnosis, or treatment suggestions. The responsibility for any medical services offered lies solely with authorized medical professional or telemedicine services, including all authority, responsibility, supervision, and control over such services. It's important to understand that decisions regarding diagnosis, prescripxions, and/or treatment plans should be jointly made by you and your healthcare provider. And during any interactions or consultations with a provider via our services, please be aware that you are not entering into a provider-patient relationship with BOK Healthcare.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

User Restrictions

We recognize that however good the maker’s intentions, technology can amplify the ability to cause great harm. That’s why we’ve established this policy. We feel an ethical obligation to counter such harm: both in terms of dealing with instances where our Service is used (and abused) to further such harm, and to state unequivocally that the products we make at BOK Healthcare are not safe havens for people who wish to commit such harm. You agree that it is prohibited from using the Sites or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. While our use restrictions are comprehensive, they can’t be exhaustive — it’s possible an offense could defy categorization, present for the first time, or illuminate a moral quandary we hadn’t yet considered. That said, we hope the overarching spirit is clear: BOK Healthcare is not to be harnessed for harm, whether mental, physical, personal or civic.

Account Terms

You must be at least 18 years of age to use the Service. By using the Service and by agreeing to this Agreement, you warrant and represent that you are at least 18 years of age.Our Website and Application are not intended for children under the age of 18 without parental consent.If you are under the age of eighteen (18) and wish to create an account with BOK Healthcare, your parent or legal guardian must create the account.

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You may not use the Services for any purpose outlined in our Use Restrictions policy.

You are responsible for all content posted to and activity that occurs under your account.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You must immediately notify us of any unauthorized uses of your account or any other breaches of security

Cancellation and Termination

We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your account directly in our app — no phone calls required, no questions asked. Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If for whatever reason you no longer know who the account owner is, contact us at support@nebulos.tech.

You are solely responsible for properly canceling your account. Within our Service, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our support team at support@nebulos.tech.

All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.

We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service

When it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Service because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any or all parts of our Service with or without notice.

BOK Healthcare may, from time to time, develop enhancements, upgrades, updates, improvements, modifications, extensions and other changes to the Services and Documentation(“Platform Updates”). Client hereby authorises BOK Healthcare to provide Platform Updates to the Services provided that such updates do not have a material adverse effect on the functionality or performance of the Services.

Non-Reliance.

Each party agrees that in entering these Terms and Conditions all statements, representations, warranties and undertakings on which it relies are incorporated into these Terms and Conditions and it does not rely on (and shall have no remedy in respect of) any statement, representation (including any misrepresentation), warranty or undertaking(whether negligently or innocently made) of any person (whether party to these Terms and Conditions or not) (in each case whether contractual or non-contractual) which is not expressly set out in these Terms and Conditions.Without prejudice to: (a) any other provision of these Terms and Conditions limiting the remedies available to either party, each party agrees that it will have no remedy in relation to these Terms and Conditions for innocent or negligent misrepresentation, negligent misstatement or mistake based on any statement in or made in relation to these Terms and Conditions; and (b) the indemnification obligations contained herein and either party’s ability to seek injunctive or equitable relief in any court of competent jurisdiction for actual or threatened misuse of its Intellectual Property or Confidential Information, the only remedy available to each party in relation to any breach of these Terms and Conditions shall be for damages for breach of contract under the terms of these Terms and Conditions.

Upxime, Security, and Privacy

Your use of the Service is at your sole risk. We provide this Service on an “as is” and “as available” basis. We do not offer service-level agreements for our Service but do take upxime of our applications seriously.

We take many measures to protect and secure your data through backups, redundancies, and encrypxion. We enforce encrypxion for data transmission from the public Internet.We will maintain a security program materially in accordance with industry standards that is designed to: (i)ensure the security and integrity of data uploaded by or on behalf of Client to, or collected or produced by, the Services ; (ii) protect against threats or hazards to the security or integrity of your data; and (iii) prevent unauthorised access to your data.

When you use our Service, you entrust us with your data. We take that trust to heart. You agree that BOK Healthcare may process your data as described in our Privacy Policy and for no other purpose. We, as humans, can access your data for the following reasons:

• To help you with support requests you make. We’ll ask for express consent before accessing your account.

• On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.

• To safeguard BOK Healthcare. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.

• To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches BOK Healthcare for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If BOK Healthcare is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Under the California Consumer Privacy Act (“CCPA”), BOK Healthcare is a “service provider”, not a “business” or “third party”, with respect to your use of the Service. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Service in a way that violates the regulations.

Any User Content that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. All content must comply with U.S. copyright law.

You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Service remain yours.

We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.

The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScripx, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us at support@nebulos.tech for requests to use logos. We reserve the right to rescind any permissions have the right to terminate your account if you violate these Terms.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Service inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Limitation of Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Service, thank you for betting on us.

Indemnification

By using our Services, you agree to indemnify, defend, and hold harmless BOK Healthcare and all parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Force Majeure

Neither party will be deemed in breach hereunder for any cessation, interrupxion, delay or failure in the performance of its obligations due to causes beyond its reasonable control (“Force Majeure Event”), including earthquake, flood, or other natural disaster, act of God, labour controversy, civil disturbance, terrorism, war(whether or not officially declared), pandemic, cyber-attack (including denial of service attacks), failure of any third party or Client software, hardware or communications network, or any change in or the adopxion of any law, regulation, judgment or decree. Other than as expressly required herein,We shall not be obliged to take any action to prevent or mitigate Force Majeure Events.

Disclaimers.

Excepx as expressly set forth herein, the Services are provided on an “as is” and “as available” basis and each party disclaims all warranties and conditions express or implied, including those of merchantability, satisfactory quality, title, non-infringement, and fitness fora particular purpose. In particular, We does not warrant that the Services:(a) will be provided free from interrupxion; (b) will run on any particular computer system or browser; (c) is accurate, complete, reliable, secure, useful, fit for purpose or timely; (d) will be tested for use; or (e) will be suitable for or be capable of being used by Client or any third party. Client acknowledges that the Services may contain bugs, viruses, make errors or misinterpret it issues, and therefore Client shall ensure it uses anti-virus software consistent with prevailing industry standards.

Governing Law; Venue

1 Governing Law and Jurisdiction. Each party irrevocably agrees that these Terms and Conditions (and any non-contractual obligations arising out of or in connection with them and any claim or dispute in relation to their formation)shall be interpreted and governed by the laws of the State of California, U.S.A., regardless of conflict of laws principles, govern all matters arising out of or relating to this Agreement, including its interpretation, construction, performance, and enforcement, excepx that the Federal Arbitration Act governs provisions relating to arbitration.

2 Unenforceability. If a court of competent jurisdiction determines that any provision of these Terms and Conditions is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of these Terms and Conditions will remain in full force and effect and bind the parties according to its terms.

Relationship.

Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.

‍Contact Information

If you have a question about any of these Terms, please contact our support team at support@bokhealth.com