Terms & Conditions

The Services depend on information that you provide us about yourself or your children or other dependents. You may provide that information directly on the Site or Apps, by talking to us, or through other methods that we make available. We may also obtain information about you or your dependents from third parties, including health plans. We use this information to provide you with information that may be useful for healthcare and related purposes. Please see our Privacy Notice, below, for more information.

By providing us with any such information, you certify that you have the right to disclose the information to us without violating the rights of any third parties, and you agree that we may use that information as described in these Terms or our privacy policy or for the purposes for which it was disclosed, in compliance with applicable laws and regulations.
Any content or information that you provide us must:

• Not be illegal, inflammatory, defamatory, obscene, or hateful
• Not promote violence
• Not be sexually explicit
• Not promote discrimination based on race, religion, gender, nationality, disability, age, or similar characteristics
• Not infringe or breach the rights of any third party
• Not threaten, abuse, harass, embarrass, alarm, or seek to annoy another person
• Not seek to incite another to engage in any of the prohibited behaviors
• Not seek to sell goods or services of a third party
• Not misrepresent the source of the information
• Be truthful, fair and appropriate given the nature and purpose of the Site

The Services may be used only for lawful purposes. You may not use the Services:

• To violate the law
• To harm or defraud anyone
• To transmit unsolicited promotional or advertising materials or spam
• To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks
• To participate in a denial of service or other activity that is intended or likely to disrupt the efficient operation of the Services or any other website or computer network
• For commercial purposes

THE SERVICES AND ALL INFORMATION AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. LIVE CHAIR DOES NOT WARRANT THAT ANY INFORMATION IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE CHAIR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR SATISFACTORY QUALITY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. IF WE ARE NONETHELESS FOUND LIABLE FOR ANY DAMAGES, OUR MAXIMUM LIABILITY IS CAPPED AT $5 FOR ANY AND ALL CLAIMS, IN THE AGGREGATE. THE FOREGOING LIMITATIONS AND DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW (FOR EXAMPLE, IF OUR EMPLOYEES INTENTIONALLY PHYSICALLY INJURE YOU IN THE COURSE OF PROVIDING SERVICES), BUT IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We are not doctors or healthcare providers, and we do not provide medical advice through the Services. You understand that it is your responsibility to seek the advice of your physicians or other qualified healthcare providers with any questions you may have regarding a medical condition or other health problems.

There may be links to other websites on the Site or Apps. The presence of a link to another website does not indicate any endorsement or approval of goods or services offered by the company or through the linked website. Each website has its own terms of use and privacy policy, which you should review before using the website. We are not responsible for the operation, terms or privacy policy of linked websites.

The Site and Apps are intended to be used by individuals over the age of majority in their jurisdiction of residence. We do not knowingly collect personal information from children under 18 years of age. If we become aware that we have collected personal information from a child under 18 years of age, we will promptly remove such information. If you believe we have collected information from your child, please notify us.

You agree to submit any and all controversies or claims arising out of or relating to these Terms or the Services to an arbitrator, on an individual (and not class) basis, unless Live Chair agrees, in its sole discretion, to class arbitration. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. Judgment upon the arbitral award may be entered in any court of competent jurisdiction, including the state and federal courts in Baltimore, Maryland. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. The laws of the State of Maryland, excluding its conflicts of laws rules, will apply to all proceedings related to the Services and these Terms.

Any information we receive will be transferred to the United States. Users located outside of the United States use the Services on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services and giving us information, you consent to the transfer of information to countries outside your country of residence, including, without limitation, the United States, which may have data protection rules that are different from those of your country and may not provide the same level of protections as the laws of your country. Information processed or stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in accordance with the laws of that jurisdiction.

We have the right to determine whether there has been a violation of these Terms. If we determine the Terms have been violated, we have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

• Immediate termination of your right to use the Services. The termination may be temporary or permanent.
• Immediate removal of any content posted by you to the Site or Apps.
• Issuance of a warning or other communication to you.
• Legal proceedings against you, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of your violation of the Terms.
• Other forms of legal proceedings against you.
• Referral to law enforcement agencies for further action.

We will not be liable for any damages which you may suffer as a result of the foregoing actions.

If you have questions about these Terms, we can be contacted at health@livechairapp.com or 1-803-824-1150 or via the contact page on the Site.

We include this privacy notice in our Terms to inform you how we collect, maintain, use, and disclose personal information in connection with the Services.  

Q: What personal information does Live Chair collect and how is it collected?

A: We collect personal information when it is provided to us, either by yourself or third parties. Third parties that provide us with such information may include health plans with which we have service agreements. 

You may provide personal information directly to us in connection with your use of the Site or Apps, or as we provide the Services. For example, if you register an account with us, respond to health risk questionnaires, fill out forms, submit or provide content, talk to us, or engage in other activities that we make available in connection with the Services, then we will collect that information. You should know what that information is, because you are entering or disclosing it to us yourself. However, examples of information that we may collect include:

• legal names
• dates of birth
• phone numbers
• addresses
• health plans
• health appointment scheduling needs, and 
• health screenings as sponsored by associated health plans. 

We may supplement the information we collect with outside records from third parties, such as public databases, social media pages, marketing partners, and third parties who enhance the information.

We also collect certain information automatically when you use the Site and Apps.

Q: What information is automatically collected?

A: We collect certain information that electronic devices send when you use the Site and Apps, like a device identifier, user settings, as well as information about your use of our Services. We automatically collect information about if you click on links from the Site or Apps, or from emails or other electronic communications.

We also collect certain information that your web browser sends when you visit our Site, like the Internet Protocol (IP) address, browser, referring/exit pages and URLs, pages viewed, and other such information about your use of our Site. We use automated data collection technologies such as “cookies” – small data files – to collect this information, which allows us to identify your browser and to improve our Services. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, some features of our Services may not function properly if the ability to accept cookies is disabled.

We may use Google Analytics or other analytics providers, such as session replay providers, to help us understand the use of our Services. These providers will collect the information sent by your mobile device or browser, and their use of that information is governed by their privacy policies. If you wish to opt out of allowing Google to collect analytics information, please visit Google Analytics Opt-out Browser Add-on.

Q: How does Live Chair use this information?

A: We use the information we receive about you or your dependents and your use of the Services to operate our business, including to provide the Services to you or your dependents, to comply with regulatory and legal obligations (including responding to government authorities), and for direct marketing purposes. This marketing may include, but is not limited to, promoting Live Chair events and service engagements to you. For example, your answers to a health risk assessment may be used to help us give you information about doctors in your area who may be conveniently located, or who may have expertise in areas relevant to you.

We may use this information to provide statistical information that does not identify any specific individual to health plans or third parties with whom we work. For example, we may tell a health plan that we have interacted with a certain number of their members across various areas. We may also provide identifiable information to your health plan, but only with your permission or where otherwise permitted by applicable law.

We may use third parties to process personal information, such as conducting website usage analysis, sending email or other communications, providing marketing assistance and data analysis, or performing other services. These third parties may require information about you in order to provide these services, in which case we will have contractual arrangements with them requiring to maintain the security and confidentiality of the information and otherwise comply with applicable law. 

We may contact you using the contact information that you have provided, including via text messages if you have opted in to receive SMS notifications. (You may opt out of receiving text messages by texting STOP at the end of any message you receive, and may opt out of marketing or advertising emails using the unsubscribe link in those emails. Please keep in mind that you if you opt out of receiving marketing messages, you will still receive Service- or account-related messages from us, as those may be necessary for us to make the Site and Apps available to you or respond to your inquiries.)

We also use information about our users to protect against errors, misuse, fraud or other criminal activity, detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies applicable to the Services. We may also use the information for any other purposes consistent with these Terms, as disclosed at the time you provide any information, or otherwise with your permission.

Q: How does Live Chair secure this information?

A: Live Chair employs administrative, physical and electronic measures designed to protect personal information from unauthorized access, use, and disclosure. However, despite these efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. We will notify you if there is a security breach that results in the compromise of sensitive personal information, as required by law. 

Q: Do I have additional rights that are related to personal information about me?

A: We want to ensure that we only collect, maintain, use, and disclose personal information in compliance with your desires, and as permitted by law. On the Site and Apps, you can login to view and change your account information in your account settings, including opting out of receiving future SMS notifications. Residents of certain states may have specific rights with respect to personal information about them.

CALIFORNIA PRIVACY NOTICE

This California Privacy Notice supplements the information contained in Live Chair’s general Privacy Notice and applies only to California residents and only if Live Chair becomes subject to the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 (“CPRA”), and any implementing regulations adopted thereunder. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information. Terms used but not defined in this California Privacy Notice have the same meanings given in the CCPA, CPRA, and the regulations.

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EXERCISING YOUR CALIFORNIA RIGHTS

California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you (“Right to Know”); (2) that we delete the Personal Information we collect about you (“Right to Delete”); (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct”), (4) to opt-out from the sharing of your Personal Information and Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) (“Right to Opt-Out of Sharing”), (5) to opt-out from the sale of their Personal Information and Sensitive Personal Information (“Right to Opt-Out of Sale”), and (6) that we limit the use or disclosure of your Sensitive Personal Information to the purposes set forth in the statute, including that use which is necessary and anticipated to perform the Services reasonably expected by an average consumer who requests those Services (“Right to Limit the Use and Disclosure of Sensitive Personal Information”), all subject to the meanings and exceptions set forth in the CCPA and CPRA.

If you are a California Consumer and would like to exercise any of these rights, please submit your request via [Live Chair to insert at least two submission methods (e.g., online form, email, etc.), one of which must be a toll-free phone number, and as long as a website is maintained, the website must allow certain requests to be submitted through it (see CCPA Sec. 1798.130)].

In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.

We will use commercially reasonable methods to verify your identity based upon the information you provide and the type of request you are making. We may ask that you provide us with more information than just your name in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

In order to have us provide certain pieces of information, we may require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

If you are an authorized representative submitting a request on behalf of another person, please complete the applicable request per the instructions above. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request, and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney. In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. If we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

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We will retain all categories of personal information described in this California Privacy Notice for as long as it is reasonably necessary for the purposes set out in this California Privacy Notice, considering the time period reasonably necessary to: use the Services; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our Terms; and comply with legal and regulatory requirements. Except as noted differently on specific pages on the Site or Apps, we retain your personal information while you have an account with us, or while you are using our or continuing to visit us.

California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising your CCPA and CPRA rights.

Under California regulations, certain programs we offer that provide benefits to consumers may be considered financial incentive programs. We may collect personal information from you in connection with these programs, e.g., contact information (name, email address, residential address) and certain commercial information for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.

To opt in to the programs, you may need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with that applicable program. Please also see the terms of the program you are joining for additional description of the program and any additional requirements. Participation in our programs is voluntarily and you can withdraw at any time.

To the extent that we provide a program that may be considered a financial incentive because the program is directly or reasonably related the collection, deletion or sale or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

The Personal Information we collect will vary based on how you use our Services and interact with us. Accordingly, we may not collect all of the below information about you or your dependents.

In addition to the below, we may collect or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA and CPRA.