Terms of service

1. Privacy and Security

1.1 We know that the privacy and security of your information is important to you, and we agree that any information you provide to Trove Health (or that you direct or authorize to be transferred to Trove Health) in connection with either the creation of your Account or your subsequent use of the Services will be stored, used and shared by Trove Health only as permitted and described in our policy regarding the protection, use and disclosure of personal information (“Privacy Policy”), which you can review here: https://www.trovehealth.io/privacy-policy.

1.2 By creating and using your Account, you are certifying to us that you have read and understood the Privacy Policy, and that you authorize us to use and disclose your information as described in the Privacy Policy.

2.  Creation and Use of the Services

2.1 To create your Account, you will be required to provide certain personal information. You agree that you are authorized to provide the information and you will provide only current and accurate information when creating and using your Account.

2.2 Age Restriction- An individual must be age 18 or older to use the Services and create and use an account. Parents or guardians of minor children may create an account on behalf of a minor child by following the terms outlined in the “Proxy Access” section of these Terms below. Minor children between the ages of 12 and 17 (inclusive) may be eligible to participate in services with the authorization and verification of a parent or guardian.

2.3 Proxy Access – Individuals may request proxy access to the Trove Health account of someone under their care by completing a Trove Health Proxy Authorization form and submitting it to Trove Health. Such access will only be granted to persons with parental rights or caregiver status over the Patient, and only to the extent that the person requesting proxy access can verify their identity and authority to the patient health information. A Trove Health account may be activated for both the proxy and the account holder/Patient. If the proxy’s relationship with the patient changes, the proxy must inform Trove Health immediately by calling, emailing or sending written notice to Trove Health at 273 Nehoiden St, Needham, MA 02492.

2.4 When you create your Account, you will be required to establish a username and password for the account. You agree not to share your username or password information with anybody, and agree to take precautions to protect that information from discovery by others.

2.5 You agree that you are responsible for all activity that occurs through use of your Account, and you agree to notify Trove Health immediately of any unauthorized use of your Account password or your Account that you discover. 

3. Third-Party Web Sites

3.1 When using the Services, clicking on certain links may redirect you to web sites that are operated and controlled by organizations other than Trove Health (“Third-Party Web Sites”). The Services also may contain links to additional Third-Party Web Sites. Such links are provided or allowed solely for your convenience and do not imply any endorsement of the material that might be found on such sites. Trove Health does not control Third-Party Web Sites; and we are not responsible for the content and performance of such sites or for the security or privacy practices of the organizations that operate them. To learn about the security, privacy or use of any information that you see or provide when connected to any Third-Party Web Site, you should review any privacy policy that is available on the site, or contact the organization that operates the site.  Your use of Third-Party Web Sites is strictly at your own risk, including but not limited to any risks associated with destructive viruses or with your use or reliance upon information you might obtain through such web sites. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other web sites. It also is your responsibility to review and assess the secure nature of your connection to any Third-Party Web Site.

4. Restrictions; No Unlawful Activities or Unauthorized Uses

4.1 Trove Health grants a limited license to each user to make personal use only of the Services in accordance with these Terms of Service. Any commercial use of the Services is expressly prohibited.

4.2 You agree not to use the Services for any illegal or harassing activities, and you agree to comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software, when using the Services.

4.3 You agree not to use or attempt to use the Services to access any Third-Party Web Site or Trove Health account on which you are not a properly registered and authorized account user.

4.4 You agree not to engage in any activity intended to disable or interfere with the operation of the Service Portal, the Services or Trove Health Servers.

4.5 With the exception of the data and information that you provide when registering for or using the Services (whether directly or through transfers from other organizations, persons or devices that you authorize), Trove Health owns the content and all software contained in or underlying the Services. The Trove Health-owned content and software is protected by U.S. and international copyright law and conventions and other laws protecting intellectual property. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Services, or making any derivative work of the Service Portal or the Services.

4.6 The information you see and can learn from using the Services (other than the data and information you provide when registering and using the Services) includes confidential information and trade secrets that are owned by Trove Health regarding the Services, its functionality, its design, and the Trove Health software underlying the Services. You agree that you will not disclose or use such confidential information regarding the Services other than as may be necessary in connection with your proper, non-commercial use of the Services for their intended purpose.

4.7 You agree not to disassemble, decompile or reverse engineer any software that is a part of the Service except to the extent such activity is expressly permitted by applicable law. Direct or indirect reproduction of the Services, its functions and content displays, or of Trove Health software, in whole or in part, by any means, is prohibited without our express written consent, except as expressly permitted herein or as accomplished through use of the Services themselves.

4.8 You also agree that you will not remove, obscure or alter any proprietary rights notices, including trademark, service mark and copyright notices, that appear on the Service Portal or when using the Services.

5. Linking Accounts

5.1 To take advantage of Trove Health’s portal and consolidated information features, you may need to link the various Trove Health accounts you’ve created at the healthcare organizations where you receive medical care and/or at the organizations that provide you with health insurance. You understand and agree that Trove Health will provide you consolidated information about only those accounts that you authorize and link to your Trove Health Account to the extent such information can be retrieved from linked accounts. 

6. Transfer of Data and Information to and from Trove Health Servers.

6.1 When registering for and when using the Services, you will provide personal information about yourself (or on behalf of another individual if you are an authorized healthcare proxy), including personal health information to Trove Health. Additionally, since the  Services can interact with other Trove Health Software (such as our Trove Health patient portal software) that might be used at healthcare organizations where you receive healthcare, the Services will allow you to direct that data and information held at those organizations be transferred via the Internet to Trove Health so that you can use and perhaps further distribute that information when using the Services.

6.2 When using the Services, you might also have the ability to distribute and disseminate data and information from Trove Health (i.e. the data and information you’ve entered or had transferred into your Account) to others. Finally, the Services might allow you to specify other entities that you would like to permit to have access to the data and information you’ve provided to Trove Health.  Such disclosures and transfers of your data and information, as well as the access to your Account, are under your control; and you assume all responsibility for and all risk that might be associated with such disclosures and transfers. The utilization of any feature of the Services that involves the transfer of data and information from Trove Health, whether by you or by any other authorized person as long as your Account username and password were used, constitutes your authorization for Trove Health to make that transfer and disclosure of information.

6.3 Your use of the Services is voluntary and the ability to transfer data and information as just described is offered for your convenience to make the Services a more useful and effective mechanism to access, manage, organize, store and distribute your health information as you deem appropriate.

6.4 Therefore, WITH REGARD TO ANY ELECTRONIC TRANSFER OF DATA OR INFORMATION BETWEEN TROVE HEALTH AND ANY HEALTHCARE ORGANIZATION OR OTHER PERSON OR ORANIZATION THAT IS INITIATED OR AUTHORIZED THROUGH YOUR ACCOUNT (WHETHER BY YOU OR ANYONE ELSE AS LONG AS YOUR ACCOUNT USERNAME AND PASSWORD WERE USED), YOU AGREE THAT YOU FOREVER WAIVE ALL CLAIMS AND ACTIONS OF ANY KIND AGAINST THE PERSON OR ORGANIZATION FROM WHICH SUCH TRANSFER IS MADE IF SUCH CLAIM OR ACTION RELIES OR DEPENDS ON AN ASSERTION THAT THE TRANSFER WAS NOT AUTHORIZED BY YOU OR THAT THE TRANSFER VIOLATED ANY LAW OR REGULATION PERTAINING TO THE PROTECTION AND PRIVACY OF THE DATA OR INFORMATION THAT WAS TRANSFERRED. You further agree that people and organizations from which such transfers are made are intended third-party beneficiaries of this agreement entitled to enforce this waiver of claims.

6.5 To utilize functionality within the Services that allows the transfer of data and information through interaction with other Trove Health in use at healthcare organizations where you receive medical care, you will need to provide us a valid username and password for your Trove Health account at each organization with which you would like such transfers to occur. Whenever you provide us with Trove Health account username and password information, and each time you utilize functionality within the Services that either re-directs you to a Trove Health account or allows the transfer of data to or from such Trove Health account, you are certifying to us that you are the registered user of that Trove Health account and that you are properly authorized to use the username and password you provided. As stated above, you are responsible for all activity that occurs through use of your Account.

6.6 With regard to any transfer of data or information to or from Trove Health over the Internet, you acknowledge that although Trove Health uses data integrity and secure Internet connection technology that are generally regarded to be reliable, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using the features of the Services that involve the transfer of data and information over the Internet, such data and information will be transmitted over a medium that is beyond the control of Trove Health, its contractors and agents. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SUCH OCCURRENCE THAT MIGHT RESULT FROM VIRUSES, MALWARE, SPYWARE OR OTHER MALICIOUS SOFTWARE WHETHER SUCH MALICIOUS SOFTWARE RESIDES ON YOUR COMPUTER OR TROVE HEALTH SERVERS.

7. Warranty Disclaimers

7.1 Trove Health provides the Services to you free of charge, for your convenience, and without warranty of any kind. Accordingly, you acknowledge and agree that Trove Health is not responsible in any way for the completeness or accuracy of any data or information made available to you through the Service, or for any medical advice or medical implications that may be contained in or result from such data or information.

7.2 THE SERVICES AND THE CONTENT, MATERIALS AND INFORMATION AVAILABLE ON THE SERVICE PORTAL ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TROVE HEALTH SPECIFICALLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INTERFERENCE WITH YOUR OPERATION OR ENJOYMENT OF THE SERVICES. NOR DO WE PROVIDE ANY WARRANTY REGARDING THE SECURITY OR AVAILABILITY OF THE SERVICES OR THE SERVICE PORTAL, THAT THE SERVICES ARE FREE FROM ERROR, OR WITH REGARD TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PRESENTED DURING YOUR USE OF THE SERVICES.

8. Limitation of Trove Health’s Liability

8.1 EXCEPT AS EXPRESSLY PROVIDED BELOW, TROVE HEALTH WILL NOT BE LIABLE TO YOU FOR ANY LOSS (TANGIBLE OR INTANGIBLE) OR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO TROVE HEALTH’S OPERATION OF THE SERVICES, YOUR USE OF THE SERVICES OR THIS AGREEMENT. TROVE HEALTH SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF HOW THE DAMAGES ARE INCURRED OR THE THEORY OF LIABILITY. THE LIMITATIONS ON TROVE HEALTH’S LIABILITY EXPLICITLY APPLY TO CLAIMS BASED UPON ALLEGED NEGLIGENCE BY TROVE HEALTH. THE LIMITATIONS ON TROVE HEALTH’S LIABILITY ALSO APPLY REGARDLESS OF WHETHER TROVE HEALTH HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY THAT SUCH LOSSES OR DAMAGES MAY OCCUR.

8.2 The limitations on Trove Health’s liability to you contained in this agreement apply even if the remedy available to you fails of its essential purpose or does not fully compensate you for any losses.

8.3 The intention of the limitations stated in this agreement is to disclaim any liability whatever to you pertaining to your voluntary use of the Services for as long as the Services are provided free of charge. If any provision in this agreement limiting Trove Health’s potential liability to you is determined to be unenforceable by a court or other authority with jurisdiction to decide the matter, such determination shall not preclude the application of other, enforceable, limits that would preclude or limit the same liability, and to the extent any liability against Trove Health might exist because of such a determination, that liability shall be capped at no more than $100 in total or the actual amount of the damages determined to be recoverable, whichever is less.

8.4 Some applicable laws might impose restrictions regarding the extent to which certain warranties may be disclaimed or to which certain damages may be limited in some circumstances. Accordingly, some of the warranty disclaimers and liability limits set forth above may not apply to you. You agree nonetheless that all such disclaimers as are permitted by applicable law shall apply to you, and that Trove Health’s liability to you shall be limited to the maximum extent permitted by applicable law.

9. Indemnification of Trove Health by You

You agree to defend, indemnify and hold Trove Health harmless from any third-party claims arising out of or related to your use of the Services.

10. Governing Law and Jurisdiction

10.1 This agreement shall be governed and construed under the laws of the State of Massachusetts in the United States, without regard to that State’s conflict of laws principles. 

10.2 You agree that the state and federal courts located in Suffolk County in the State of Massachusetts shall have exclusive jurisdiction over any claim or action under this agreement and over any action related in any way to our operation or your use of the Services, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that Trove Health may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this agreement.

10.3 A failure by Trove Health to enforce any provision of this agreement, or a waiver by Trove Health of any breach of this agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.

11. Changes to this Agreement, and to Related Documents.

11.1 Trove Health may change these Terms of Service at any time by posting a subsequent version on the Service Portal. You are responsible for periodically reviewing the Terms of Service as they appear on the Service Portal and to discontinue your Account and your use of the Services in the event you do not agree to any changes that have been made to the Terms of Service. You agree that your continued use of the Services following any such changes constitutes your acceptance of the new Terms of Service, regardless of whether we’ve provided any notification to you that those terms have changed. We will make reasonable efforts to notify you of any significant changes we might make.

11.2 Similarly, Trove Health in its sole discretion may change any of the documents associated with the Services, including our Privacy Policy, by posting updated versions of such documents on the Service Portal at any time. As with the Terms of Service, it is your responsibility to periodically review the associated documents for changes and you agree that your continued use of the Services following any changes to those documents constitutes your acceptance of all such changes.

12. Trove Health’s Right to Change or Discontinue the Services, or Your Use Thereof

12.1 You agree that at any time Trove Health, in its sole discretion and without limitation or prior notice to you, may cease providing the Services or make any changes Trove Health chooses to the features and functionality available through the Service Portal. You also agree that Trove Health may terminate your access to the Services and your Account without prior notice to you for any reason that we deem warrants such action, including your breach of any provision of this agreement.

13. Your Right to Discontinue Use of the Services.

13.1 If at any time you want to stop using Services, delete your Account, and terminate your agreement to these Terms of Service, you can do so by contacting us at privacy@trovehealth.io

14. Survival of Terms and Severability

14.1 In the event Trove Health chooses to discontinue the Services or your use thereof, or you choose to discontinue your use of the Services and delete your Account, then this agreement and your right to use the Services terminate, but sections 1.1, 1.2, 4.5 through 4.7, 6.4, 6.6, 7.1, 7.2, 8.1 through 8.4, 9, and 10.1 through 10.3 will continue in effect even after termination of this agreement.

14.2 All provisions of this agreement are intended to apply to the maximum extent permitted by law. If any provision (or part of any provision) is held to be invalid or unenforceable by any court or other authority with jurisdiction to make such a determination, then such provision (or part) will be deemed removed from the agreement, but all other terms and conditions will remain in full force and effect. You further agree that, to the extent legally permissible, any provision (or part of any provision) so removed shall be replaced with another provision designed to achieve a result as near as possible to that of the provision (or part) so removed to the maximum extent permitted by law.

15. Entire Agreement

15.1 This agreement constitutes the entire agreement between you and Trove Health regarding the Services and supersedes all prior agreements, representations or understandings respecting the Services. Nobody, including any representative of Trove Health, is authorized to make any changes or modifications to the terms of this agreement other than changes that are instituted through the posting of subsequent versions of this agreement as described elsewhere in this agreement. You agree not to act or rely on any representations to the contrary.