Terms of Use

Last updated: June 25, 2024

These terms of use (“Terms of Use”) are entered into by and between you and Sundial Health, Inc. and its affiliates (collectively, “Sundial”, “we”, “us” or “our”) and govern your access to and use of our website located at www.sundial-health.com, any other website(s) that we link to these Terms of Use, and all services, materials, tools, and functionality provided by us in connection with such website(s) (collectively, the “Website”), our mobile application(s) (the “App”), and any services, applications, software, features, content, websites and/or linked pages, offered from time to time by us in connection therewith, and any other product or service that links to these Terms of Use (collectively, the “Services”).  The term “you,” as used in this these Terms of Use, means any person or entity who accesses or uses the Services.  

Please read these Terms of Use carefully before using the Services. By accessing or using the Services, by clicking “I accept” or by installing or downloading the App on your mobile device, you agree to be bound by these Terms of Use, as may be amended by us from time to time. If you do not agree to these Terms of Use, please refrain from using the Services.

If you have entered into a separate agreement, or agreed to separate terms or notices from us, such as the Sundial Health Enrollment Agreement, or our Notice of Privacy Practices (collectively, “Other Terms”) that govern your use of the Services or your relationship with us, only the portions of these Terms of Use that do not conflict with or alter such Other Terms are applicable to you, and in the event of any conflict between the Other Terms and these Terms of Use, the Other Terms shall control.  

The Services are not a substitute for professional medical advice.  IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY SERVICES NUMBER IMMEDIATELY. 

  1. CHANGES TO THE TERMS OF USE 

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them to the Services and/or otherwise make them available through the Services, and your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.  

  1. OUR SERVICES

To use certain parts of the Services, you may be required to provide us with certain information, including personal information and health information.  To provide the Services, we may apply certain proprietary methodologies for analysis, processing and transmission of such information. The collection, aggregation and analysis of such information may enable us to provide the Services to you. For details about how we collect and use your information, please see our Privacy Policy, Notification of Privacy Practices, and Other Terms, as applicable to you.

The Services include information regarding Sundial as well as content such as information, videos, text, logos, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Services, algorithms, interface, interactive features, related graphics, illustrations, drawings, animations, and other features obtained from or through the Services, except for your PHI (collectively, “Our Content”). We reserve all rights in and to Our Content. You acknowledge that all of Our Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.  To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any of Our Content that you access on or through the Services. 

If you are a patient using our App, your protected health information and your “heath information” under state law (collectively, “PHI”) is governed by our Notice of Privacy Practices and any applicable Other Terms, and not by these Terms of Use. 

  1. ACCESSING THE SERVICES

We may, in our sole discretion, refuse to offer the Services to any person or entity at any time.  You are solely responsible for ensuring that you comply with all laws, rules, and regulations applicable to you in connection with your use of the Services.  You are prohibited from using the Services if your use of the Services is prohibited or conflicts with any applicable law.

Use of certain features and functionality of the App is only available to patients scheduling appointments with Sundial. 

You may be required to create an account in order to use certain parts or features of the Services (“Account”). Your Account is personal to you, may be used only by you, and you may only have one Account at a time. By creating an Account, you give us permission to contact you about the Services and your use thereof.

By creating an Account you agree: (i) that the information you provided to create your Account is accurate and complete, (ii) to promptly update and maintain your information with us, and (iii) that the information you are providing is your own or you are providing it on behalf of someone who authorized you to provide their personal information to us for purposes related to our Services.  

Additionally, with respect to any information that you provide or submit to us to or in connection with the Services, (i) you have a valid legal right to provide such information to us; and (ii) our use of such information in connection with the Services will not violate the right of any third-party, including without limitation, any privacy or intellectual property rights. 

You acknowledge and agree that we rely on the user ID and password (the “Account Credentials”) to confirm whether users accessing and using our Services are authorized to do so.  Maintaining the confidentiality of your Account Credentials is your responsibility, and you are responsible for any activity performed by any use of your Account Credentials. You must notify us immediately at info@sundial-health.com if you become aware that your Account Credentials have been compromised, that your Account is being used without authorization, or of any other breach of security related to your Account. You are solely responsible and solely liable for all actions and activities that occur in your Account using your Account Credentials. 

We reserve the right to terminate, alter, or amend the Services, any service or material we provide on or through the Services, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

  1. COMMUNICATIONS AND TEXT MESSAGING

Consent to Communications. By using the Services or providing your contact information to us, you agree that we may communicate with you, including electronically, about the Services and your use thereof. If you wish to unsubscribe from marketing communications from us, please follow the unsubscribe instructions at the bottom of such communication.

SMS Text Messages and Push Notifications. When you register for the Services, we may send you an email or SMS text message containing a code in order to verify your phone number or email address and may send further emails and/or SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Services. By using the Services, you agree to receive Messages and Notifications regarding your use of the Services. SMS text messages are for transactional purposes only. We will obtain your consent if we wish to send you marketing or promotional SMS text messages. Reply “STOP” to stop receiving SMS text messages. We may, however, continue to send you transactional messages such as appointment reminders or verification codes. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree that we are not responsible for any failure of warranty by any such third party. We cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

  1. TERMINATION AND SUSPENSION

You may stop using the Services at any time.  You may also delete your Account at any time. To delete your Account please contact us at: info@sundial-health.com. We may verify your request before taking action.  

If you cancel or delete your Account, unless otherwise specified in any applicable Other Terms or required by law, we have no obligation to keep or retain any data or information in your Account, and such data and information may be deleted.  Similarly, information in your account may be retained if specified in any applicable Other Terms or as required by law.  We have no liability for the loss of any data or information in your Account when you delete your Account.

Termination of your Account or relationship with us shall not affect any legal rights or obligations which may have arisen under these Terms of Use prior to, or at, the date of termination. We may, subject to any applicable Other Terms, terminate, limit or suspend your access to all or any part of your Account, or our Services at any time, with or without cause, or with or without prior notice, effective immediately, and such termination may result in the deletion of all information and data associated with your Account and your use of the Services.  Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate, and (ii) you must immediately cease all use of the Services. All Sections of these Terms of Use which by their nature are meant to survive, shall survive termination of these Terms of Use.

  1. INTELLECTUAL PROPERTY RIGHTS

The Services and all related 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 Sundial, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property rights laws.  All rights not specifically granted herein are reserved by Sundial.

These Terms of Use permit you to use the Services for your personal use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services except for your personal use.  If we provide social media features, you may take such actions as are enabled by such features.

No right, title or interest in or to the Services or any content on the Services is transferred to you under any circumstances, and all rights not expressly granted are reserved by Sundial.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. TRADEMARKS

All trademarks, service marks, logos and trade names which appear on the Services, whether registered or not (including but not limited to: the word mark “Sundial” and the Sundial logo) (the “Marks”) are and shall remain the exclusive property of Sundial or its licensors (as applicable) and are protected by applicable intellectual property and trademark laws and treaties.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Sundial’s prior consent, which shall be in Sundial’s sole discretion.  The use of any of the Marks on any other website is prohibited without the express written consent of Sundial.

  1. PROHIBITED USES

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

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Sundial, a Sundial employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sundial or users of the Services or expose them to liability.
  • If you are a competitor, or for purposes of monitoring the Service’s availability, performance or functionality, or for any other benchmarking or competitive purposes.

Additionally, you agree not to:

  • Use the Services or any device, software or routine that in any manner that could disable, overburden, damage, or impair the proper working of the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. 
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the materials on the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services. 
  1. NO RELIANCE ON INFORMATION POSTED

To the extent permitted by applicable law:  The information presented on or through the Services is made available solely for general information purposes.  We do not warrant the accuracy, completeness, timeliness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

While we may periodically update or correct information presented on this Services, and such information, or other information on the Services, may include typographical errors and/or technical inaccuracies and/or omissions.  We make no representation or warranty as to the accuracy of any information on the Services and expressly disclaims any obligation to update such information.  We also reserve the right to make additions, deletions or modifications to any information at any time and from time to time without any prior notice.

The Services may include content and/or materials provided by third parties.  All statements and/or opinions expressed in such content and materials are solely the opinions and the responsibility of the person or entity providing such content or materials and do not necessarily reflect the opinion of Sundial.  We are not responsible, or liable to you or any third party, for the content or accuracy of any content or materials provided by any third parties. 

NO MEDICAL ADVICE.  The Website is provided for informational purposes only and is not medical advice or a substitute for professional medical advice, diagnosis, treatment, or care. Use of the Website is not a substitute for a consultation or visit to, or consultation with, your physician or a healthcare professional. You should not rely on the Website or any other service offered by or through the Website for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON the WEBSITE. 

  1. COMMUNICATIONS AND FEEDBACK

When you use parts of the Services or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on the Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.

You may provide feedback, ideas and suggestions to Sundial (collectively, “Suggestions”).  If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

  1. PRIVACY

Our Privacy Policy located at (“Privacy Policy”), describes our collection, use and disclosure of personal information in connection with the Services.  Our Privacy Policy is expressly incorporated into these Terms of Use, and by using the Services you agree to the collection, use and disclosure practices in our Privacy Policy.

If you are a patient using our App, your PHI is governed by our Notice of Privacy Practices and any applicable Other Terms, and not by these Terms of Use.

  1. LINKS FROM THE SERVICES

Our Services may contain links to websites that are owned and controlled by third parties that are not within Sundial’s control, which are for your convenience only.  The sites you can link to have their own separate terms and conditions and privacy policies, which we encourage you to review prior to using such sites.  We are not responsible and cannot be held liable for the content and activities of these sites.  You therefore visit/access these sites entirely at your own risk.

  1. CHANGES TO THE SERVICES

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services or any part thereof, without notice, at any time. You agree that your continued use of the Services following such modifications constitutes your acceptance of such modifications. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services and/or Our Content included therein.

If we supply to you any updates, upgrades and any new versions of the App according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and these Terms of Use will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such updates. For clarity, we have no obligation to provide updates.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK.  THE SERVICES, ITS CONTENT AND ANY OTHER SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NEITHER SUNDIAL NOR ANY PERSON ASSOCIATED WITH SUNDIAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER SUNDIAL NOR ANYONE ASSOCIATED WITH SUNDIAL REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY OTHERS SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY OTHER SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS.  WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE SERVICES AND THE CONTENT.  

IN NO EVENT WILL SUNDIAL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY OTHER SERVICES OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE HAD THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF THE USE OF THE SERVICES, AND THAT YOU HAVE PROVIDED VOLUNTARY INFORMED CONSENT TO USE THE SERVICES AND PROVISION OF THE SERVICES TO YOU.

If you (a) live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or similar damages; or (b) have entered into Other Terms with us that conflict with the exclusion or limitation of liability for consequential or similar damages, the above limitations do not apply to you.

To the extent that one or any aspect of limitations set out above does not apply, all remaining aspects survive.  The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold Sundial (and its affiliated companies, contractors, employees, directors, officers, licensors, and agents) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Services; (ii) any violation of applicable law or the rights of any other person or entity by you; or (iii) any breach or violation by you of these Terms of Use.

 

  1. INTERNATIONAL USERS

We operate the Services from the United States of America.  If you choose to access the Services from outside of the United States, you are responsible for complying with applicable local laws.

  1. SEVERABILITY; WAIVER

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms of Use shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Use.   

 

  1. GOVERNING LAW

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts? without giving effect to any principles of conflict of law.  

  1. APP USAGE RULES

If you are downloading the App from a third-party platform, service provider or distributor (“Provider”) your use of the App may also be governed by usage rules which the Provider may have established, and which relate to your use of the App (“Usage Rules”). In addition to the Usage Rules specified below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.

Apple Inc.  The following applies to you if you downloaded the App from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) these Terms of Use are concluded between you and Sundial only, and not Apple; and (ii) Sundial, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty or obligation whatsoever with respect to the Application and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of Sundial, to the extent applicable. As between Sundial and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sundial. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Sundial acknowledge that, as between Sundial and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Sundial acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Sundial and Apple, Sundial, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Sundial acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use  as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Google Play.  By downloading the App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the App that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms of Use or the Google Play Terms.

  1. YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@sundial-health.com.