Terms of Use

These Terms of Use (“Terms”) govern the relationship and serve as a legally binding agreement between you and Checkmate (“Checkmate”, “we”, “our”, or “us”) and its affiliates and subsidiaries and set forth the terms and conditions by which you may access and use Checkmate’s mobile application, Checkmate (the “App”), and website, located at www.checkmate.health (the “Website”), and the services offered thereon (collectively, the “Platform”). All personal information we collect through the Platform is subject to our Privacy Notice. We act as a business associate as defined under the Health Insurance Portability and Accountability Act, as amended, and implementing regulations (collectively, “HIPAA”) and personal information that is protected health information as defined under HIPAA is subject to the terms of our business associate agreements with your health care provider. Please consult your health care provider’s HIPAA Notice of Privacy Practices for information regarding the privacy and security of protected health information.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AS DETAILED IN SECTION 18.

1. MEDICAL DISCLAIMER

The Platform is designed for informational purposes only and should not be used in any other manner. Information obtained on or through the Platform is not intended to substitute for informed medical advice. This information should not be used to diagnose or treat a health problem or disease without consulting with a qualified health care provider. A consultation with a qualified health care provider is the proper method to address any health or medical concerns. Rapid advances in medicine may cause information contained on the Platform to become outdated, invalid, or subject to debate. Accuracy is not guaranteed. Checkmate assumes no responsibility for how information presented on the Platform is used by you or the public. Checkmate does not endorse or recommend any of the treatments, medications, articles, abstracts or products that may be discussed or shared on any of the pages or links available on or through the Platform. No doctor-patient relationship is established between Checkmate and you by reason of your access or use of the Platform.

2. HEALTH CARE PROVIDERS

(a) Independent Contractors. The Platform may be used to connect you with a qualified health care provider (each, a “Provider” and collectively “Providers”) who may provide health care services to you, including, but not limited to, any procedures, treatments, exams, diagnoses, opinions, advice, or similar services related to the provision of health care services (collectively, “Health Care Services”). Providers are independent from and are neither employed by nor an agent or representative of Checkmate. Providers are solely responsible for the performance of Health Care Services.

(b) Qualifications. We require every Provider accessible through the Platform to be an accredited, trained, and experienced Health Care Services provider. To access or use the Platform, Providers are required to comply with all applicable federal, state, and local laws, regulations, rules, orders and ordinances, including, without limitation: (i) the Health Insurance Portability and Accountability Act of 1996, as amended, and all regulations promulgated thereunder (collectively, “HIPAA”); and (ii) all applicable laws, regulations, and accepted professional and ethical standards of Provider’s profession. Providers are required to enter into a business associate agreement (“BAA”) with Checkmate and shall at all times maintain professional liability insurance when providing Health Care Services in connection with the Platform.

3. USER ACCOUNT, PASSWORD AND SECURITY

(a) User Account. To access or use the Platform, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, and User Account information by utilizing a Secure Socket Layer ("SSL") connection. Accordingly, your UserID, password, and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Platform. You, however, are ultimately responsible for protecting your UserID, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify Checkmate of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

(b) Accurate Information. In creating and using your User Account to access and use the Platform, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Platform (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Checkmate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

4. USER CONDUCT

In connection with your access to and use of the Platform, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that, by or while accessing or using the Platform, you will not, directly, or indirectly:

1. Use any robot, spider, or other automatic device, process, or means to access or use the Platform for any purpose, including monitoring or copying any content on the Platform, or use any harvested content to train artificial intelligence models;
2. Use any device, software, or routine that interferes with the proper working of the Platform;
3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform; or
4. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Checkmate or users of the Platform, or expose them to liability.

5. INTELLECTUAL PROPERTY

Checkmate is the copyright owner or authorized licensee of all text and all graphics that Checkmate posts on the Platform. The trademarks, service marks and logos used and displayed on the Platform is Checkmate’s, or its subsidiaries' or affiliates', registered and unregistered trademarks. All trademarks and service marks of Checkmate’s, or its subsidiaries or affiliates, that may be referred to on the Platform is the property of Checkmate, or one of its subsidiaries or affiliates. Other parties' trademarks and service marks that may be referred to on the Platform is the property of their respective owners. Nothing on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Checkmate’s, or its subsidiaries' or affiliates', trademarks, service marks or copyrights without Checkmate’s prior written permission. Checkmate aggressively enforces its intellectual property rights. Neither the name of Checkmate, its subsidiaries or affiliates, nor any of Checkmate’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Platform or otherwise, without Checkmate’s prior written permission.

6. NO WARRANTIES; DISCLAIMER OF LIABILITY.

CHECKMATE DOES NOT PROVIDE HEALTH CARE SERVICES. THE PLATFORM’S ROLE IS LIMITED TO ENABLING HEALTH CARE SERVICES PERFORMED SOLELY BY PROVIDERS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM HEALTH CARE SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CHECKMATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM, ANY CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE PLATFORM IS OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE PLATFORM OR THE SERVERS USED IN CONNECTION WITH THE PLATFORM IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. CHECKMATE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CHECKMATE WILL HAVE ADEQUATE CAPACITY FOR THE PLATFORM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS CHECKMATE OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF COMPANY, THE ENTIRE LIABILITY OF CHECKMATE AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE TWELVE-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM.

7. LIMITATION OF LIABILITY

THE ENTIRE LIABILITY OF CHECKMATE AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE PLATFORM AND/OR ANY PRODUCTS OR PLATFORM PROVIDED IN CONNECTION WITH THE PLATFORM WILL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL CHECKMATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM HEALTH CARE SERVICES RECEIVED FROM PROVIDERS OR YOUR USE OF THE PLATFORM, ANY CONTENT AND/OR ANY PRODUCTS OR SERVICES ON, THROUGH OR IN CONNECTION WITH THE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO HEALTH CARE SERVICES RECEIVED FROM PROVIDERS OR YOUR USE OF (OR INABILITY TO USE) THE PLATFORM, ANY CONTENT AND/OR ANY PRODUCTS OR PLATFORM PROVIDED ON, THROUGH OR IN CONNECTION WITH THE PLATFORM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Checkmate and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by Checkmate, directly or indirectly, with respect to or arising out of: (a) your failure to comply with these Terms; (b) your breach of your obligations under these Terms; (c) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (d) non-payment for any Health Care Services received from Providers in connection with the Platform.

9. PRIVACY

Personal information that you provide through the Platform is subject to Checkmate's Privacy Notice. The Platform is not intended for individuals under the age of eighteen (18) years. If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below.

10. THIRD PARTY CONTENT

Links to other websites maintained by third parties may be provided on the Platform by Checkmate or its users, or Checkmate or its users may provide third party content on the Platform by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. We do not endorse the contents of any other websites. You should refer to the separate terms of use, privacy policies, and other rules posted on other websites before you use them. THE CONTENT ON ANY LINKED WEBSITES IS NOT UNDER CHECKMATE’S CONTROL AND CHECKMATE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED ON A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED ON THE PLATFORM, YOU DO SO ENTIRELY AT YOUR OWN RISK.

11. COPYRIGHT COMPLAINTS.

(a) Checkmate will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content uploaded to or posted on the Platform as well as terminate your access to the Platform if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content from the Platform is prohibited, unless specifically authorized by Checkmate in writing. Accordingly, no such Content may be used on another website or any mobile application without express written permission from Checkmate.

(b) Checkmate will not permit any Content known by us to be infringing to remain on the Platform. If you believe that any Content on the Platform infringes your copyright, please contact Checkmate's copyright agent, who can be reached as follows:

By mail: C/O: FISHER STONE P.C. 42 Broadway Suite 1744 New York NY 10004

By email: copyright@fisherstonelaw.com

Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if such work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material in the Platform, (iii) your signature (digital or hard-copy), (iv) your name, address, telephone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Checkmate will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

12. AVAILABILITY

Information that Checkmate publishes in the Platform may contain references or cross-references to products, programs or Platform of Checkmate, its partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. Such references do not mean that Checkmate, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or Platform in your area at any time in the future. You should contact Checkmate for information regarding the products, programs and services that may be available to you, if any.

13. PAYMENT TERMS

(a) Service Fees.Credit or debit card information must be provided while booking an appointment to receive any of our services through the Platform. You confirm and agree to use only credit or debit cards or other payment means of which you are fully authorized to use (“Payment Means”). You authorize Checkmate to charge all the applicable fees for your order to the Payment Means specified at the time of purchase. By booking an appointment, you agree to pay Checkmate a nonrefundable Seventy-Five Dollar ($75) deposit fee in addition to the stated fee for the booked service. The Seventy-Five Dollar ($75) deposit fee will be charged at the time of scheduling. All other fees will be charged at the time of service. All prices listed on the Platform are subject to change. The prices listed on the Platform are in United States dollars and do not include sales or services tax, if applicable.

(b) All Other Fees. You agree to pay all fees and charges associated with your User Account on a timely basis. By providing us with your Payment Means, you authorize us to bill and charge you through such Payment Means. You agree to maintain valid Payment Means information in your User Account.

14. GOVERNING LAW; VENUE.

These Terms will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing the Platform, you agree that any action at law or in equity arising out of or relating to your use of the Platform or these Terms will be filed only in the state or federal courts sitting in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

15. LOCAL LAWS

The platform is only available to users and Providers located in the United States. Checkmate makes no representation that content or materials on the Platform is appropriate or available for use in jurisdictions outside the United States. Access to the Platform from jurisdictions where such access is illegal is prohibited. If you choose to access the Platform from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Checkmate is not responsible for any violation of law. You may not use or export the Content or materials in the Platform in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

16. DISPUTE RESOLUTION AND ARBITRATION

(a) Generally. In the interest of efficiently resolving disputes, you agree that all disputes relating to these Terms will be resolved by binding arbitration, whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arises. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Procedures. Any arbitration will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA using a single arbitrator. The applicable rules are available at www.adr.org The AAA may be contacted at 1-800-778-7879. The place of the arbitration will be New York City, New York. Each party will bear its own costs of the arbitration.

(c) Notice; Process. To initiate a dispute, you must first send a written notice of the dispute (“Notice”) by certified U.S. Mail or by Federal Express (signature required) to Checkmate at . The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). You and we agree to make good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Checkmate may commence an arbitration proceeding. If the dispute is finally resolved through arbitration in your favor, Checkmate will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Checkmate in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

(d) Enforceability. If this dispute resolution and arbitration is found to be unenforceable, then it will be null and void and all disputes will be subject to the exclusive jurisdiction of the courts located in New York City, New York, and you and we agree to the exclusive jurisdiction of such courts.

Checkmate
347 Flushing Ave
Brooklyn NY
New York 11205

Copyright © Checkmate. All Rights Reserved.

EFFECTIVE AS OF: 4-26-2024

LAST UPDATED: April 2024