LIVE WELL ALWAYS

Copy of TERMS OF SERVICE

TERMS OF SERVICE

INTRODUCTION This Agreement is being provided to you by KAIGO INC as an entity formed and incorporated in your state of residence, and the partners, employees and practitioners that work with KAIGO (collectively referred to herein as “KAIGO”, “We” or “Our”). We understand that your medical information is private and confidential. Further, we are required by law to maintain the privacy of “Patient Information”, which includes any individually identifiable information that we obtain from you or others that relates to your physical or mental health, the health care you have received, or payment for your health care. We will share Patient information with only with your immediate care team at KAIGO as necessary, to carry out treatment, payment or health and wellness operations relating to the services to be rendered. As required by law, this notice provides you with information about your rights and our legal duties and privacy practices. information. This notice also discusses the uses and disclosures we will make of your Patient Information. We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all Patient information we maintain. You can always request a written copy of our most current privacy notice from info@kaigoinc.com.

GENERAL Prior to accessing a physician or wellness consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child and whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use; (ii) register for the consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.

CONFIRMATION OF INFORMATION It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian.

KAIGO PROFILE You agree to: (i) fully, accurately and truthfully create your profile; and (ii) prohibit anyone else from using your profile. You agree to provide accurate, current and complete information about yourself for your KAIGO profile, and to periodically review and to update such information as needed to keep it accurate current and complete. You agree to immediately notify KAIGO of any actual or suspected unauthorized use of your KAIGO profile or credentials or other security concerns of which you become aware. 

RELATIONSHIP WITH PROVIDERS You agree that when dealing with medical health partners, you are entering into an agreement with each individual partner involved in your care (the “HPs”). They shall provide professional medical and wellness services to you, which means among other things, you are entering into an independent relationship with the physicians or practitioners associated with the HP that personally performs the consultation with you.

ROLE OF KAIGO You understand and agree that KAIGO INC. is the provider of certain research, administrative and coordination services to the “HP” and does not provide professional medical services itself.

PRIVACY NOTICE You agree to the Privacy Notice, the terms of which are incorporated herein by reference.

MEDICAL RECORDS You agree to the entry of your medical records into the HP’s computer database and understand that reasonable measures have been taken to safeguard your medical information, in accordance with federal Health Insurance Portability and Accountability Act (HIPAA) standards, as amended to date, but no computer or phone system is totally secure. The HP recognizes your privacy and, in accordance with KAIGO’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.

COMMUNICATIONS You understand and agree Physician Consultations may involve the communication of your medical information, both via text or orally , to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.

RISKS You understand that there are risks from Physician Consultations, including, but not limited to, the following: (1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers). Finally, you understand that it is impossible to list every possible risk.

RIGHTS You understand that you have all the following rights with respect to Consultations: 1. Free Choice. You have the right to withhold or withdraw your consent to Consultations at any time without affecting your right to future care or treatment. 2. Access to information. You have the right to request a copy of all medical information transmitted during a Consultation. 3. Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Physician Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law. 4. Consequences. You understand that, by having your consent to consultations, the practitioner associated with the HP may communicate medical information concerning you to physician and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.

CHOICE OF LAW By using the Website, you agree that the laws of the state of New York without regard to principles of conflict of laws will govern these Terms of Use and any dispute that might arise between you and KAIGO. You agree and expressly consent to the exercise of personal jurisdiction in the courts of New York County, New York, in connection with any claim involving the Website.

AMENDMENT OF TERMS AND CONDITIONS KAIGO has the right to amend these Terms and Conditions of Use at any time by posting the revised Terms and Conditions of Use on our Website and sending you a notification of such change. You agree that you are bound by those changes by continuing to use the service.

TREATMENT Means the provision, coordination or management of your health care, including consultations between health care providers relating to your care and referrals for health care. For example, a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to contact a physical therapist to create the exercise regimen appropriate for your treatment.

PAYMENTS For payment of services including coordination, management and administration provided to you including payments for designated health and wellness services. Fees: Client shall pay KAIGO the fees in the amounts at the times set forth therein, and as otherwise stated in this Agreement. Fees may be specified as being payable in advance or in arrears; fees may be fixed, contingent or variable (e.g., depending on usage factors); and fees may be specified on a recurring basis (e.g., subscription fees and/or usage fees, which may be payable monthly, quarterly or annually) or non-recurring basis (e.g., one-time activation fees).

Payment Terms. Unless specified otherwise, all amounts due hereunder shall be paid in full (without deduction, set off or counterclaim in US dollars upon receipt of KAIGO’s invoice with agreed upon amount. Past due accounts shall lead to the discontinuance of Services performed by KAIGO. Client shall reimburse KAIGO for all costs (including attorney’s fees incurred in collecting late or returned payments).

TERMS AND TERMINATION Term. This Agreement shall commence on the Effective Date and continue in effect for the initial term set forth in the Service Schedule (Initial Term). The Assessment Plan will terminate once health assessment and plan have been delivered. The Annual Plan will be extended automatically for additional 1 -year terms at the end of the initial Term and each renewal term. Client will be notified and given a choice to renew or opt out 60 days prior to expiration Termination. Additionally, either party may elect not to renew by giving written notice to the other at least 60 days prior to the end of the then current term. If the agreement is terminated prior to the end of the term, a prorated refund of the service fee will be credited to the Client less any assessment costs.

HEALTH AND WELLNESS OPERATIONS Means the support functions of the Practice, related to treatment and payment, such as quality assurance, case management, responding to patient complaints, physician reviews, compliance programs, audits, business planning, management and administrative activities.

YOUR RIGHTS In order to make any requests in this Section, you may contact the Privacy Officer at info @kaigoinc.com

1. You have the right to request restrictions on our uses and disclosures of Patient Information. However, we are not required to agree to your request unless the disclosure is to a health plan, the patient information pertains solely to health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law. 2. You have the right to reasonably request to receive confidential communications of your Patient Information by alternative means or at alternative locations. 3. You have the right to inspect and copy the Patient Information contained in our Practice records.

COMPLAINTS If you believe that your privacy rights have been violated, you should immediately contact the Privacy Office at info@kaigoinc.com. We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services.

CONTACT PERSON If you have any questions or would like further information about this agreement, please contact the Privacy Officer at info@kaigoinc.com.