CLARITY, LLC D/B/A SURE MED COMPLIANCE USER PRIVACY POLICY
Version 1.02 Last Updated: January 2026
This Privacy Policy describes how Personal Data and, where applicable, medical information is collected, used, and disclosed by Clarity, LLC d/b/a Sure Med Compliance (“we,” “us,” or “Sure Med”), and how applicable individuals may obtain information about such use and disclosure.
This Privacy Policy applies to two categories of users:
Provider Users: Healthcare providers and their authorized staff who access the Platform to support compliance-based or remote therapeutic monitoring (RTM) workflows and related clinical and administrative activities.
Patient Users: Patients who self-enroll in the Platform, create their own accounts, submit demographic information, and answer health questionnaires via the Perspectives in Care portal or SMS-based RTM program.
Please review this Privacy Policy carefully.
BACKGROUND
Sure Med provides a digital care platform (the “Platform”) supporting two primary service offerings:
Remote Therapeutic Monitoring (RTM): A care coordination platform used by Provider Users to support clinical and administrative workflows and Patient Users who submit periodic answers to validated assessments via SMS and phone calls.
Core Compliance Offering (PIC): A compliance-focused digital care platform through which Patient Users self-enroll, submit demographic information, and complete health questionnaires through the portal or mobile application. Provider Users may access PIC to view patient results to support clinical and administrative workflows.
The Platform and all associated content, features, and functionality, together with related support services, are collectively referred to as the “Services.”
Sure Med values privacy and is committed to safeguarding all Personal Data processed through the Platform. We use Personal Data solely in connection with operating, maintaining, and providing the Platform and Services, and in accordance with applicable law and our contractual obligations.
PRIVACY POLICY APPLICABILITY
This Privacy Policy applies to all Personal Data that Sure Med collects from:
Provider Users of the RTM platform, including any patient data (“Patient Data”) submitted by Provider Users on behalf of their patients; and
Patient Users of the Perspectives in Care platform, including demographic information and health questionnaire responses submitted directly by patients through their own accounts.
The term “Personal Data” includes any information that can be used on its own or in combination with other information to identify or contact a User. We believe that privacy and transparency about the use of your Personal Data are of utmost importance. In this Privacy Policy, we provide you with detailed information about our collection, use, maintenance, and disclosure of your Personal Data. The Privacy Policy explains what kind of information we collect, when and how we might use your Personal Data, how we protect Personal Data, and your rights regarding your Personal Data.
For additional information related to how we use and disclose your Personal Data, health data, PHI, and/or medical records data, please contact our Privacy Officer at privacy@suremedcompliance.com.
AGREEMENT TO PRIVACY POLICY
BY ACCESSING AND/OR USING THE SERVICES AND PLATFORM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE USING THE SERVICES AND PLATFORM.
PRIVACY POLICY UPDATES
Please note that we occasionally update this Privacy Policy, and it is your responsibility to stay up to date with any amended versions. Any revisions to the Privacy Policy will be posted on the login page(s) of the Platform. Any changes to the Privacy Policy will be effective immediately upon providing notice via the Platform login page(s) and will apply to all Personal Data that we maintain, use, and disclose. We will not make retroactive changes that reduce your privacy rights unless we are legally required to do so. If you continue to use the Platform and/or Services following such notice, you are agreeing to those changes. The amended Privacy Policy supersedes all previous versions.
Because Sure Med processes information relating to different categories of individuals, certain provisions of this Privacy Policy apply only to Provider Users, while others describe how Patient Data is handled. References to “you,” “your,” or “User Account” apply to both Provider Users and Patient Users unless a section is expressly designated as applying to only one group.
PROVIDER USERS
If you are a Provider User and no longer agree to the use and disclosure of Personal Data as described in this Privacy Policy, you may request deletion of your User Account by sending a request to support@suremedcompliance.com and providing: (i) your login email address; and (ii) a statement that you are requesting account deletion.
PATIENT USERS
Patient Users of the Perspectives in Care platform create and manage their own User Accounts and directly submit Personal Data to the Platform. If you are a Patient User and wish to request access to, correction of, or deletion of your Personal Data, you may contact Sure Med directly at support@suremedcompliance.com or make changes through your User Account dashboard.
Sure Med may retain Personal Data as required or permitted by law, including to comply with legal, regulatory, audit, or record-retention requirements.
COLLECTION AND USE OF PERSONAL DATA
What Personal Data Does Sure Med Collect?
Sure Med collects Personal Data from two primary groups: (i) Provider Users, who create and maintain accounts on the PIC or RTM platform; and (ii) Patient Users, who self-enroll in and directly interact with the PIC or RTM platform. The categories of Personal Data we collect are described below.
1. Demographic Data
Provider Users: Sure Med collects demographic and professional data directly from Provider Users, including name, professional title, business address, phone number, email address, and login credentials.
Patient Users: Sure Med collects demographic data directly from Patient Users during self-enrollment and ongoing platform use, which may include name, date of birth, gender, ethnicity, physical location, contact information, and other information provided during account creation or questionnaire completion.
2. Health Questionnaire and Medical Data
Patient Users: Patient Users directly submit health questionnaire responses through their accounts on the Perspectives in Care platform or through SMS-based answers for RTM. This information may include health history, symptom data, answers to approved validated monthly assessments, and other health-related information relevant to their care program.
3. Support Data
If any User contacts Sure Med for customer support, troubleshooting, or to submit a complaint, we may collect technical or other information provided by the User or automatically generated through support interactions, including log files and system data, some of which may constitute Personal Data. This information is used for customer support, troubleshooting, quality assurance, and improvement of the Platform and Services in accordance with this Privacy Policy. Calls with Sure Med may be recorded or monitored for training, quality assurance, customer service, and reference purposes.
4. Technology Data
Sure Med uses standard information-gathering technologies such as log files, cookies, web beacons, and similar technologies to automatically collect information when Users access or use the Platform. This information may include IP address, device and application identification numbers, browser type, operating system, pages viewed, and date and time stamps. This information is used to operate, secure, analyze, and improve the Platform and Services and does not independently identify patients.
How Will Sure Med Use Your Personal Data?
Sure Med processes Personal Data relating to healthcare provider or organization Provider Users and Patient Data submitted to the Platform. Sure Med processes Patient Data only to provide the Services to the applicable healthcare provider or organization and in accordance with the terms of applicable services agreements and legal obligations. Where required by law, we will obtain required authorizations or permissions before disclosure, as applicable.
More specifically, Sure Med processes your Personal Data for the following legitimate business purposes:
To provide, maintain, and improve the Services;
To fulfill our obligations to Provider Users and Patient Users under the Terms of Use;
To communicate with Users and manage their User Accounts;
To support Provider Users’ use of the Platform in connection with patient care workflows and administrative activities;
To support Patient Users’ enrollment in and use of the Perspectives in Care platform;
To properly store and track data within our systems;
To respond to lawful requests from public and government authorities and to comply with applicable law;
To protect our rights, privacy, safety, or property, and that of Users and others;
To handle technical support and other requests;
To enforce compliance with our Terms of Use and applicable agreements;
To manage and improve our operations and the Platform;
To evaluate service quality, identify usage trends, and improve user experience;
To keep the Platform safe and secure;
To send Users information about changes to our terms, conditions, and policies; and
To enable Users to connect with or share Personal Data with other authorized Users, which enables that User to monitor patient progress and overall condition, connect with or share Personal Data with other authorized Provider Users within the applicable healthcare provider or organization, as necessary to use the Services and in accordance with applicable law and the provider’s policies.
Where Is Personal Data Processed?
All Personal Data collected through the Platform is stored on secure servers in the United States.
With Whom Does Sure Med Share Personal Data?
We may share your Personal Data with the following categories of individuals or entities:
Vendors.
We share Personal Data with a limited number of service providers and other entities that help run our business. Specifically, we may employ third-party companies to facilitate our Services, provide Services on our behalf, perform Service-related functions, or assist us in analyzing how our Services are used. Our Vendors are contractually bound to protect your Personal Data and to use it only for the limited purposes for which it is shared.
Third Parties Upon Your Direction or Consent.
You may direct Sure Med to share your Personal Data with third parties. Upon your request and consent, we may share such Personal Data accordingly.
Third Parties Pursuant to Business Transfers.
In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Sure Med’s corporate entity, assets, or stock, we may share your Personal Data with a third party.
Government and Law Enforcement Authorities.
If reasonable and necessary, we may share your Personal Data to (i) comply with legal processes or enforceable governmental requests, or as otherwise required by law; (ii) cooperate with third parties in investigating acts or omissions that violate this Privacy Policy or the Terms of Use; or (iii) bring legal action against someone who may be violating the Terms of Use or who may be causing intentional or unintentional injury or interference to the rights or property of Sure Med or any third party, including other users of our Services.
How Long Does Sure Med Retain Personal Data?
Sure Med retains Personal Data only as necessary for business operations, provision of Services, archival purposes, and to satisfy legal requirements. In general, Sure Med strives to retain data for no longer than 6 years after a User Account is closed; however, retention periods may be extended or decreased based on the sensitivity of the data, risk of harm, legal requirements, and business needs.
At the end of the applicable retention period, we will remove Personal Data from our databases and require that Vendors do the same. Sure Med and its Vendors reserve the right to continue using de-identified data indefinitely.
What Happens to Personal Data Submitted by Minors?
Sure Med does not knowingly collect Personal Data from individuals under the age of 18. Additionally, our Services are not directed to individuals under the age of 18. We request that these individuals not provide Personal Data to us. If we learn that Personal Data from users under the age of 18 has been collected, we will deactivate the User Account associated with that data and take reasonable measures to promptly delete such data from our records. If you are aware of a user under the age of 18 accessing the Services or Platform, please contact us at support@suremedcompliance.com.
USER RIGHTS
What Rights Do Users Have Concerning Their Personal Data?
As a User of Sure Med’s Services, you have the right to:
Access Personal Data held by Sure Med;
Erase or delete your Personal Data, to the extent permitted by applicable law and technologically feasible;
Receive communications related to the processing of your Personal Data;
Restrict the processing of your Personal Data to the extent permitted by law;
Object to the further processing of your Personal Data;
Request that your Personal Data be transferred to a third party, if possible;
Receive your Personal Data in a structured, commonly used, and machine-readable format; and
Rectify inaccurate Personal Data and ensure it is complete.
To exercise any of the above rights, please contact us at support@suremedcompliance.com.
How Can Users Update, Correct, or Delete Personal Data or Their User Account?
Provider Users may update contact information through their Sure Med User Account. Patient Users may update demographic information and questionnaire responses through their Perspectives in Care account dashboard. For other corrections, any User may contact us at support@suremedcompliance.com.
To request deletion of your Personal Data or User Account, email support@suremedcompliance.com. Sure Med will respond to all deletion requests as soon as reasonably possible. Note that participation in this program may be a requirement of your healthcare provider, and consulting your provider prior to deletion is advised.
BY REQUESTING TO LIMIT THE USE OF YOUR PERSONAL DATA OR DELETE YOUR ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT SURE MED WILL NOT BE LIABLE TO YOU FOR ANY CORRESPONDING LIMITATION OR TERMINATION OF SERVICES NECESSARY TO COMPLY WITH YOUR REQUEST.
PROTECTION OF PERSONAL DATA
Is Personal Data Secure?
Sure Med understands the importance of data confidentiality and security. We use a combination of reasonable physical, technical, and administrative security controls to (i) maintain the security and integrity of your Personal Data; (ii) protect against any threats or hazards to the security or integrity of your Personal Data; and (iii) protect against unauthorized access to or use of such information in our possession or control that could result in substantial harm to you.
While Sure Med uses reasonable security controls, WE CANNOT GUARANTEE OR WARRANT THAT SUCH TECHNIQUES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR PERSONAL DATA. SURE MED IS UNABLE TO GUARANTEE THE SECURITY OR INTEGRITY OF PERSONAL DATA TRANSMITTED OVER THE INTERNET, AND THERE IS NO GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF ANY OF OUR PHYSICAL, TECHNICAL, OR ADMINISTRATIVE SAFEGUARDS. ACCORDINGLY, WE DO NOT AND CAN NOT ENSURE OR WARRANT THE SECURITY OR INTEGRITY OF ANY PERSONAL DATA YOU TRANSMIT TO US. YOU ASSUME THE RISK THAT UNAUTHORIZED ENTRY OR USE, HARDWARE OR SOFTWARE FAILURE, AND OTHER FACTORS MAY COMPROMISE THE SECURITY OF YOUR PERSONAL DATA AT ANY TIME.
What Safeguards Does Sure Med Have in Place to Secure Personal Data?
Sure Med stores Personal Data on secured servers and uses a combination of technical, administrative, and physical safeguards to protect your personal information. Such safeguards include, but are not limited to, authentication, encryption, backups, and access controls.
How Can Users Protect Their Personal Data?
You are solely responsible for preventing unauthorized access to your devices and your User Account by protecting your account credentials and limiting access to your devices. Sure Med has no access to or control over your device’s security settings, and it is your responsibility to implement any device-level security features and protections you feel are appropriate (e.g., password protection, encryption, remote wipe capability). We recommend that you take all appropriate steps to secure any device that you use to access our Services and Platform.
Please note that Sure Med will never send you an email requesting confidential information, such as account numbers, usernames, passwords, or Social Security Numbers. If you receive a suspicious email from Sure Med, please notify us at support@suremedcompliance.com.
Further, if you know of or suspect any unauthorized use or disclosure of your User Account information or any other security concern, please notify Sure Med immediately.
What If Sure Med Experiences a Data or Security Breach?
Sure Med takes the security of your Personal Data seriously. In the event of a data or security breach, Sure Med will take the following actions: (i) promptly investigate the security incident, validate the root cause, and, where applicable, remediate any vulnerabilities within Sure Med’s control which may have given rise to the security incident; (ii) comply with laws and regulations directly applicable to Sure Med in connection with such security incident; (iii) as applicable, cooperate with any affected Sure Med User or client in accordance with the terms of Sure Med’s contract with such User or client; and (iv) document and record actions taken by Sure Med in connection with the security incident and conduct a post-incident review of the circumstances related to the incident and actions/recommendations taken to prevent similar security incidents in the future. Sure Med will notify you of any data or security breaches as required by and in accordance with applicable law.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, the California Consumer Privacy Act (“CCPA”) may apply to you. Please see the CCPA Attachment for an explanation of your rights. Under California Civil Code sections 1798.83-1798.84, California residents are entitled to request an annual list identifying categories of personal information shared with affiliates and/or third parties for marketing purposes. To request this list, contact:
Clarity, LLC d/b/a Sure Med Compliance
support@suremedcompliance.com
QUESTIONS OR CONCERNS
If you have any questions or concerns after reading this Privacy Policy, please contact us at:
Sure Med Compliance
support@suremedcompliance.com
Privacy Officer: privacy@suremedcompliance.com
SURE MED COMPLIANCE TERMS OF USE
CLARITY, LLC D/B/A SURE MED COMPLIANCE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF USE (THE “TERMS”) BEFORE USING THE SURE MED WEBSITE (“WEBSITE”) AND THE DIGITAL CARE PLATFORM (COLLECTIVELY, THE “PLATFORM”). The Website and Platform, including all relevant content and functionality associated with the Website and Platform, are collectively referred to as the “Services.”
BY CREATING A USER ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT LOG IN TO OR USE THE SERVICES.
Any information that Sure Med Compliance (“Sure Med” or “We”) collects through Your use of the Services is subject to the User Privacy Policy, which is part of these Terms.
By continuing to use the Services, You agree as follows:
You are either (a) a legally authorized healthcare professional or an authorized representative acting on behalf of such professional; or (b) a patient or authorized patient representative enrolling in and using the platform;
You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Sure Med from time to time; and
You understand, accept, and have received these Terms and the User Privacy Policy, and acknowledge and demonstrate that You can access these Terms and the Privacy Policy at will.
If You do not agree with and accept the Terms, please discontinue all further use of the Services.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SURE MED WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT BY CONTACTING SUPPORT@SUREMEDCOMPLIANCE.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Effective: 1/1/2026 Last Updated: January 2026
These Terms of Use (“Terms”) are a legal contract between you (“You/Your” or “User”) and Clarity, LLC d/b/a Sure Med Compliance (“Us” or “We” or “Sure Med”). Sure Med operates the Sure Med website (the “Website”) and the digital care platform (the “Platform”), which supports two primary service offerings:
Perspectives in Care Remote Therapeutic Monitoring (“RTM”) services; and
Perspectives in Care, a compliance-focused digital care platform
Together, the Website, Platform, and all associated content and functionality are referred to as the “Services.” These Terms govern Your use of the Services and apply to all Users, including Provider Users and Patient Users. By accepting these Terms and using the Services, You acknowledge that You have read, understand, and agree to these Terms and our User Privacy Policy.
WHAT ARE THE SERVICES?
Overview of Services.
The Services comprise two integrated offerings:
Perspectives in Care RTM Platform: A care coordination platform enabling Provider Users to track patient health conditions, access healthcare data, and facilitate asynchronous and synchronous telehealth and remote therapeutic monitoring.
Perspectives in Care: A compliance-focused digital care platform designed for Patient Users to self-enroll, submit demographic information, and complete health questionnaires.
The Services are not intended to be used to identify or address medical emergencies. You may access and use the Services only in accordance with these Terms.
WHAT DOES SURE MED NOT PROVIDE?
We DO NOT provide medical advice.
By accepting these Terms, You agree and acknowledge that We do not provide clinical, laboratory, or supplemental manufacturing services. Our role is limited to supporting and facilitating access to these products and services via the Platform and Website.
YOU AGREE AND ACKNOWLEDGE THAT SURE MED IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS, OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS, AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
The Services collect and display patient-generated health data and related information for review by providers. Any clinical interpretation or decision-making remains solely the responsibility of the applicable healthcare providers. The Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.
Sure Med does not confirm the credentials of any healthcare professional using the Services, nor does it validate that any such persons are in good standing with their respective licensure boards. It is THE PROVIDER’S responsibility to separately confirm that they are in good standing with the respective licensing board(s).
To the extent the Services involve protected health information as defined under HIPAA, such use is governed by a separate Business Associate Agreement with each and every Provider or Healthcare Organization, which shall control in the event of any conflict with these Terms.
WHO IS ELIGIBLE TO USE THE SERVICES?
Provider Users.
Provider Users must register to create a User Account to access the Platform. The registration process begins when You enter demographic and professional information (e.g., name, email address, contact information). You will receive an email inviting You to register and create login credentials. By registering, Provider Users represent and warrant that:
You are at least 18 years old and legally qualified to enter into contracts under applicable law;
Your registration data is true, accurate, current, and complete;
You are authorized to create a User Account;
You acknowledge and agree to the terms of the Privacy Policy;
You are legally authorized to view and share Personal Data with Us;
You are properly licensed in all applicable jurisdictions and will act within Your scope of practice at all times while using the Services; and
You are not located in a country subject to a U.S. Government embargo or on any U.S. Government list of prohibited or restricted parties.
Patient Users.
Patients may self-enroll in the Platform by creating their own User Account. By registering and using the Platform, Patient Users represent and warrant that:
You are at least 18 years old or have obtained the consent of a parent or legal guardian to use the Services;
Your registration information is true, accurate, current, and complete, and You will update it as needed;
You acknowledge and agree to the terms of the User Privacy Policy;
You are the individual whose health information You are submitting, or You are legally authorized to submit such information on behalf of another individual; and
You are not located in a country subject to a U.S. Government embargo or on any U.S. Government list of prohibited or restricted parties.
THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY ARISE FROM YOUR USE OF THE SERVICES.
HOW WILL SURE MED NOTIFY YOU OF CHANGES TO THESE TERMS?
With the exception of the Arbitration Agreement, Sure Med reserves the right to change or modify these Terms at any time. If We materially change these Terms, We will notify You by (1) posting a new version to the Website; and/or (2) posting a change notice on the Platform. Continued use of the Services after notification constitutes acceptance of the modified Terms.
WHO OWNS THE SERVICES AND PERSONAL DATA?
Services Ownership and Use.
Sure Med owns the Services, including all content and functionality You access through the Services. Subject to Your compliance with these Terms, Sure Med grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services.
THE SERVICES ARE PROVIDED FOR PROFESSIONAL USE BY AUTHORIZED HEALTH CARE PROVIDERS IN CONNECTION WITH THEIR CLINICAL AND ADMINISTRATIVE ACTIVITIES, AND NOT FOR CONSUMER OR PERSONAL USE AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Sure Med’s express written permission.
You may not use Sure Med’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Sure Med’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Sure Med or such third party..
Personal Data Ownership and Use.
You own Your Personal Data and any other information You submit through the Services. For Us to provide You with the Services, You grant to Sure Med a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your information for the purpose of providing the Services, subject to the restrictions in the User Privacy Policy. You also agree to allow Sure Med to de-identify and anonymize Your information in accordance with the User Privacy Policy, and to use such de-identified information for analytics, product improvement, research, or other lawful business purposes.
WHAT ARE YOU NOT ALLOWED TO DO WITH THE SERVICES?
You may use the Services only for lawful purposes and in accordance with these Terms. You shall not:
Provide false, misleading, or inaccurate information to Us or any other user;
Use the Services (i) for the benefit of any third party; or (ii) in any manner not permitted by these Terms;
Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites, without Our consent;
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to use the Services;
Access content or data not intended for You, or log onto a server or account that You are not authorized to access;
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;
Interfere or attempt to interfere with the use or functionality of the Services by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Services;
Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Services;
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability;
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services;
Encourage or enable any other individual to do any of the above.
Sure Med reserves the right to suspend or terminate Your use of the Services without notice if You engage in any prohibited use described above.
HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?
All Users — both Provider Users and Patient Users — are required to create a username and password to access the Services. You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your credentials, and (iii) any and all damages or losses resulting from activities under Your account. You agree to immediately notify Sure Med in writing of any unauthorized use of Your credentials.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU MAY BE HELD LIABLE FOR ANY LOSSES INCURRED BY SURE MED DUE TO SOMEONE ELSE’S USE OF YOUR USER ACCOUNT.
HOW DOES SURE MED PROTECT YOUR PRIVACY?
Sure Med values Your privacy and is committed to keeping Your Personal Data confidential. Please see Our User Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge and agree to the provisions of the User Privacy Policy and affirm that the User Privacy Policy is a part of these Terms.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
YOUR REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Sure Med policies and procedures (to the extent such policies and procedures are communicated to You). If you are a provider, You are properly licensed in all applicable jurisdictions, will at all times while using the Services act within Your scope of practice, and you will comply with state telehealth laws, RTM rules, and supervision requirements, including determination of whether RTM is clinically appropriate. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
No Warranties.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SURE MED EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SURE MED MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SURE MED MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SURE MED OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS, PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.
YOU UNDERSTAND THAT SURE MED DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS, NOR DOES SURE MED VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. SURE MED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS/CAREGIVERS.
SURE MED CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. SURE MED CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE WEBSITE OR PLATFORM.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SURE MED OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
Limitation of Liability.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER SURE MED NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SURE MED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED TO BE USED DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION. ANY SUCH USE IS AT YOUR SOLE RISK. SURE MED IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
SURE MED IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS/CAREGIVERS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SURE MED’s LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SURE MED AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PROVIDING FEEDBACK TO SURE MED
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Us at support@suremedcompliance.com. If You submit Feedback, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
USER ACCOUNT TERMINATION
If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your access to the Services without prior notice. We also reserve the right to terminate Your access at any time with or without cause.
If You wish to terminate Your User Account, please contact Sure Med at support@suremedcompliance.com, immediately discontinue Your use of the Services, and delete all associated files from Your device(s). Note that participation in this program may be a requirement of your healthcare provider, and consulting your provider prior to deletion is advised.
DISPUTE RESOLUTION
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between You and Sure Med arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below.
Informal Dispute Resolution.
Before filing a claim against Sure Med, You agree to try to resolve the dispute informally by contacting support@suremedcompliance.com. Most concerns can be resolved quickly through email.
Arbitration Agreement.
In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).
Arbitration Procedure.
You and Sure Med agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) arbitrator is selected by Sure Med, and the third (3rd) arbitrator is selected by mutual consent of You and Sure Med. If You and Sure Med cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.
Cost of Arbitration.
You and Sure Med shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
Sure Med may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH SURE MED ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting support@suremedcompliance.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
If You opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
GENERAL CONTRACT TERMS
Entire Agreement.
These Terms, the User Privacy Policy, and any other terms incorporated by reference constitute the entire and exclusive understanding between Sure Med and You regarding the Services.
Governing Law.
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
Assignment.
You may not assign or transfer these Terms without Sure Med’s prior written consent. Sure Med may assign or transfer these Terms at its sole discretion.
Notices.
Notices from Sure Med will be provided via email to the address on file or by posting to the Website or Platform. You are responsible for ensuring Your email address on file with Sure Med is accurate and current. You shall give notice to Sure Med at support@suremedcompliance.com.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions remain in full force.
Intellectual Property Rights.
All right, title, and interest in the Services, including all Intellectual Property Rights, belong to and are retained solely by Sure Med or its licensors, vendors, and affiliates. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Contacting Sure Med.
Please contact Us with any questions about these Terms:
Sure Med Compliance
support@suremedcompliance.com
Use of Apple HealthKit Data
With your explicit consent, our app may collect and use information from Apple HealthKit to enhance your experience and support certain features. HealthKit data is only accessed after you grant permission within the app, and we do not use this information for advertising or marketing purposes.
You can manage or revoke HealthKit permissions at any time through your device settings.
