Terms of Service

Last updated: August 4, 2024

Introduction

For the purposes of this document, "COMPANY" refers to Kannact Health, Inc., Starlight Medical Services PA, or KRemedy LLC, as applicable. COMPANY (“COMPANY,” “we,” “us,” or “our”) offers health coaching and other services to support participants with chronic conditions and to promote whole health management for all participants (the “Program”). Your participation in our Program may be sponsored by your employer or the employer of your domestic partner or parent/legal guardian, or you may participate by directly enrolling in the Program. The Program is provided to participants through personalized coaching interactions and, in some cases, through participants accessing our website or mobile application (collectively, the “Service” or “Services”). By registering as a COMPANY participant or otherwise accessing our Services, you are entering into a legally binding contract with us. The following Terms of Service (these “Terms”) govern your access to and use of our Services (“Services” means our program, website, and mobile applications).

Before accessing our Services, you acknowledge that you have read and understand these Terms, and that you agree to be bound by them. If you do not agree to be bound by these Terms, do not utilize or access our Services.

Eligibility and Activities

By registering for our Program or otherwise accessing our Services, you agree you are 18 years of age or older and a resident of the United States. You also agree that any information you provide to us in connection with your account registration is accurate and complete and that COMPANY may use such information to provide our Services.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Attempt to obtain unauthorized access to or interfere with our Service, any COMPANY computer system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
• Introduce into our Service any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Privacy Policy

Your access to and use of our Services is also conditioned on your acceptance of our Privacy Policy, which describes our policies and procedures on the collection, use and disclosure of your personal information when you use our Service. The Privacy Policy describes your privacy rights, and we encourage you to read it carefully before using our Service.

Medical Advice and Health Care Services

We do not provide medical advice, and our Services are not a replacement for medical or health care, diagnosis or treatment. Our Services are provided for informational purposes only, and we advise you to seek the guidance of a physician or other qualified health care professional to treat any medical conditions. We are not liable for any diagnostic or treatment decision you make in reliance on any information provided by us through our Services.

Should any unexpected medical event occur while you are participating in the Program, please seek medical advice, diagnosis or treatment without delay. Your reliance on any information made available through your participation in the Program is solely at your own risk.

Individual Subscriptions

The terms of this section do not apply if your participation in our Services is provided through your employer or another Program Sponsor (such as an employer-sponsored health or welfare benefit plan).

Subscription period

The Service or some parts of the Service are available only with a paid subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription.

At the end of each period, your subscription will automatically renew under the then-current conditions unless you or we cancel it prior to the renewal date.

By your direct enrollment or subscription in the Program under this section, you consent to the full charging or billing of your insurance providers for the relevant Service, where applicable.  You can, however, opt to revoke and/or modify your consent by notifying/contacting us at support@kannact.com or support@hellostarlight.com

Subscription cancellations

You may cancel your subscription renewal either through your account settings page or by contacting us at support@kannact.com or support@hellostarlight.com. You will not receive a refund for the fees you already paid for your current subscription period, and you will be able to access the Service until the end of your current subscription period.

Billing

By providing a payment method for your subscription, you represent that you are authorized to use that payment method for the associated purchase and you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and charges). You shall provide us with accurate and complete billing information including full name, address, state, zip/postal code, telephone number, and valid payment method information.

For insurance claims, you shall provide us with the relevant details of your insurance provider, including their full name, address, state, zip/postal code, and telephone number as well as a copy of the related insurance policy/ies.  For the sole purpose of billing your insurance provider and the processing of the claims, we may share some of your personal information with the insurance provider, such as but not limited to the following: (1) information about your health; (2) information about your participation and performance in the Program; (3) information you voluntarily share about yourself during any calls you participate in with our health coaches; (4) information you voluntarily share with our Member Support team and; (5) other additional information you may provide as you submit requests.

Should automatic billing fail to occur for any reason, you are solely responsible for resolving the payment issue and may not use the Service until it is resolved.

Fee Changes

We may modify the subscription fees at our sole discretion and at any time. Any subscription fee change will become effective at the end of your then-current subscription period.

We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of the Service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

Refunds

Except when required by law, paid subscription fees are non-refundable.

Free Trial

We may offer, at our sole discretion, a subscription with a “Free Trial” for a limited period of time.

You may be required to enter your billing information in order to sign up for a Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of any Free Trial offer, or (ii) cancel such Free Trial offer.]

User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the credentials you use to access the Service and for any activities or actions under your credentials.

You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Text Messages and Other Communications

You may receive communications from us, and by accepting these Terms, you authorize us to send text messages to you related to your participation in the Program. If you do receive text messages from us, you may text STOP to stop messaging. Text messages may be sent to your mobile number using an automatic dialing system and message and data rates may apply. You may manage any of your communication preferences by logging into your account and making the appropriate updates.

Security

We take appropriate measures to protect your personal information, including your financial, billing and claims related information, from unauthorized access, use, or disclosure. We use a variety of security technologies and procedures to protect your personal information, including encryption, firewalls, and access controls.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please notify us by sending an email to support@kannact.com or support@hellostarlight.com.

Retention of Your Personal Information

We will retain your personal information, including your financial, billing and claims-related information, only for as long as is necessary for the purposes set out in these Terms as well as in the Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Intellectual Property

COMPANY Ownership Rights

All content and resources used in our Program, as well as our website, mobile app, and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials, and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name COMPANY and any of our logos and product and service names are our exclusive trademarks and are owned by us, and you may not use or display such trademarks in any manner without our prior written permission. Any third-party trademarks or service marks displayed on the Services are the property of their respective owners. Your use of the Services grants you no right to reproduce, license or otherwise use any such trademarks, logos or other proprietary marks.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the Service as set forth in these Terms and only as permitted by the features of the Service. Any other use of the Service is strictly prohibited and a violation of these Terms. If you choose to share with us any ideas, remarks, or suggestions that may help improve our Services, such content will be our property and may be used for any lawful purpose without compensation to you.

Copyright

We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on the Service infringes a copyright or other intellectual property infringement of any person.

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at support@kannact.com or support@hellostarlight.com. Upon receipt of a notification, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the COMPANY.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Incentives

The types of incentives, if any, associated with a Program depend on the design chosen by your Program sponsor. If you are eligible to earn incentives, additional information about how you may earn and redeem Incentives will be provided in specific communications about your Program.

Disclaimers and Limitation of Liability

Warranty Disclaimer

We do not make any specific promises about the Program or our Services made available to you. Our Services are provided “AS IS” and “WITH ALL FAULTS.” To the extent permitted by law, we expressly disclaim all warranties and conditions with respect to all equipment, software, goods and services, either express or implied or statutory, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose.

Limitation of Liability

Notwithstanding any damages that you might incur, you agree that in no event shall we be liable to you for any business losses, and any liability we may incur for losses you suffer arising from this Agreement shall not exceed $100 and is strictly limited to losses that were reasonably foreseeable.

To the maximum extent permitted by applicable law, in no event shall we or our related parties be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if we have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Indemnity

You agree to indemnify and hold harmless COMPANY, its affiliates, officers, agents, employees, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your failure to comply with these Terms; (ii) your use of the Service and (iii) any material you post or communicate through the Service.

Governing Law and Dispute Resolution

These Terms and the Service, as well as all related disputes, are governed by the laws of the State of Oregon, without giving effect to its conflict of law provisions, regardless of from where you access the Service. You agree that the exclusive place of jurisdiction for all disputes or claims relating to the Service and/or these Terms is a state or federal court of competent jurisdiction located in Oregon.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right to modify and/or update these Terms and any policies applicable to your use of the Service at any time in our sole discretion. When we make a change, we will post the updated Terms to the Service with a new “Effective Date.” We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by e-mail (if you have an account where we have your contact information) or another manner through the Service. Any modifications and/or updates to these Terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to use the Service after posting of the updated Terms, you are consenting to the changes. We encourage you to review these Terms periodically to stay informed about any changes and updates.

Entire Agreement

These Terms of Service constitute the entire, complete and exclusive agreement between you and us regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect

Contact Us

If you have any questions about these Terms, you can contact us at support@kannact.com or support@hellostarlight.com.