• eberhealth@gmail.com
  • (503) 568-1341

Eber Health Terms and Conditions

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. We are offering you this app to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to EBER HEALTH, INC.

You should be aware that there are certain things that EBER HEALTH, INC. will not take responsibility for. Do not use our app or website to seek medical services for someone who is unconscious, someone who is not breathing or someone who is not gasping for air, experiencing an allergic reaction, have chest pain, uncontrollable bleeding, or any other symptoms that require immediate or emergent medical attention. Call 911 immediately or go to the nearest emergency room (ER) if you have emergency medical needs. By using the application or our services you agree and acknowledge that EBER is not a clinic, hospital, medical organization of any sort or staffed by medically trained personnel.

At the bottom of these terms and conditions you will be able to find links to our website/app where we set out our Privacy Policy, Acceptable Use of the app, and the general Terms and Conditions for the user and the health provider.We (or our independent contractors) host the App to connect you to medical providers that have entered into an agreement with us (a “Health Provider”). Once you select one or more Health Providers through the App to provide services to you, each of those Health Providers may be referred to as “your Health Provider.” We created this Privacy Policy to tell you how we protect, collect, use, disclose and store the information collected through the services. EBER HEALTH, INC.  is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. We may also collect precise information about the location of your mobile device with your consent.

We and our third-party service providers may use Personal Information to: Respond to your inquiries and fulfill your requests, such as to arrange transportation for a house call or to establish a telephone conference; send to you administrative information, including information regarding the App, and changes to our terms, conditions and policies; schedule and provide services related to the scheduling of house call appointments, for example, to send to you appointment confirmation; communicate with you and your Health Providers regarding your health status, appointments and related services provided by your Health Provider; obtain or facilitate payments for appointments and related services provided by your Health Provider and send you payment receipts; and provide you with related customer service; confirm that services you request were provided to you by your Health Providers; send to you marketing communications that we believe may be of interest to you; [allow you to send messages to a friend through the App (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and e-mail address for such purpose); personalize your experience on the App by presenting products and offers tailored to you; further our business purposes, such as quality assessment, data analysis, audits, developing new products, enhancing the App, improving our services, identifying usage trends, developing tools which help you assess the performance, competence and qualifications of health providers and conducting training programs for such professionals, and determining the effectiveness of our promotional campaigns; and act as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain. Our use of your Personal Information may also be subject to certain restrictions set forth in an agreement between us and your Health Provider. Your Personal Information may be disclosed to: our third-party service providers that provide services such as hosting of the Application, data analysis, IT services and infrastructure, customer service, e-mail delivery, auditing and other similar services; Providers, including your Health Providers, to schedule and fulfill appointments and provide medical care services or any other type of services such as acupuncture, etc. and confirm those services were delivered to you; our affiliates, for the purposes described for Personal Information in this Privacy Policy, including marketing purposes relating to their products and services; third parties, to permit them to send marketing communications to you regarding our products or services or the services of your Providers; [identify you to anyone to whom you send messages through the Application;] for other treatment including acupuncture treatment, payment or health care purposes of your Provider; a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding); and a third party as we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public or government authorities; (d) to enforce the Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, you or others; (g) at our discretion under emergency circumstances, to notify emergency services or your family members, personal representative or other individuals involved in your care of your location and condition; or (h) to allow us to pursue available remedies or limit the damages that we may sustain.

The Health Practice that promotes itself on EBER, and its Health Providers, are not employees of EBER. Employees of EBER do not provide users medical care services or health related services (unless it comes in the form of triage) and take no part in your medical diagnosis and/or treatment. EBER shall not be held liable for any medical advice, acupuncture treatment advice  or professional advice from a Medical Provider that is provided to a user in-person or via telephone, nor for any information obtained on our App. We do not recommend or endorse any specific tests, medical care or service providers, medications, products or procedures. You acknowledge that your reliance on any health  providers that promote themselves on our App or information provided by such medical providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Consult with your regular licensed health provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or medical care related procedure or activity. Do not disregard medical advice or any other health related advice issued to you by your regular licensed medical provider or any other health providers using our platform.

Non-Personal Information is any information that does not reveal your specific identity. The types of Non-Personal Information that we collect are described in more detail below under How We Collect Non-Personal Information. How We Collect Non-Personal Information We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:

Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information to ensure that the Application functions properly and to understand usage of the Application. Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Application, along with the time of the use and the pages visited within the Application. We use IP Addresses for purposes such as helping to calculate Application usage levels, diagnose server problems and administer the Application.Physical Location: If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality. We may use such information to provide you with personalized location-based services and content (for example, information regarding local Providers). We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.From you: We may collect Non-Personal Information such as your general geographic location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Application.By de-identifying information: Aggregated Personal Information is information that is derived from Personal Information that does not personally identify you or any other user of the Application. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code or a particular medical condition.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including Providers, the manufacturer of your mobile device, and any other third party mobile application or website to which the Application may contain a link. We encourage you to review the Notice of Privacy Practices of each Provider who provides you with services and the privacy policies of each website and application you visit and use.

Your Provider may be regulated as a covered entity under the Health Insurance Portability and Accountability Act also known as HIPAA. Please be aware that this Privacy Policy is distinct from your Provider’s HIPAA Notice of Privacy Practices, which describes in detail overall how your Provider uses and discloses your individually identifiable health information. If you would like to review a copy of your Provider’s HIPAA Notice of Privacy Practices, please request a copy directly from your Provider. Our use and disclosure of your Personal Information, which we receive pursuant to your express authorization, is not restricted under HIPAA. We will use and disclose your Personal Information consistent with the terms of your authorization and this Privacy Policy.

The Application is not directed to individuals under the age of 13, and we do not knowingly collect Personal Information from users under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will use that information only to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use the Services and subsequently we will delete that information from our own servers. However, if you are a parent, legal guardian or personal representative of a minor child, you may, in compliance with the Terms of Use, use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Information as otherwise provided herein.

As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us, and we may be required by law or our agreement with your Provider to retain certain information. We have no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any Provider to whom your Medical History Form was submitted through the Services. Registered users who wish to close their account should email: eber@eberhealth.com

You agree to defend, indemnify, and to hold EBER, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorney’s’ fees on account thereof) arising, resulting from or relating to: your use of the our App, our services or our website or your inability to use the App,; or an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold EBER and its officers and directors harmless applies whether a claim against EBER is based in contract or tort which also includes strict liability, and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the App, services and/or our website caused damage to you or to any third party and/or your use and access to the App, services and/or our website. This indemnification section shall survive your termination of or cessation of use of the App, services and our website.

At some point we may wish to update the app. The app is currently available on Android and iOS the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. EBER HEALTH, INC. does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

If you have any questions, concerns, comments, etc. you can contact us directly at contact@eberhealth.com or visit us at our location at 619 SW 11th Avenue, Portland, OR 97205.