Terms of Use
Welcome to BJM Health, a digital care solution for treating pain in bones, joints, and muscles, and supporting rehabilitation.
This document outlines the terms and conditions that govern your use of our services (the “Service” or “Services”).
By accessing or using the Service, you agree to be bound by these terms and conditions (“Agreement”). BJM Health reserves the right to accept or reject any applicant for Services at its discretion.
- Scope of Service
This Agreement applies to your use of the BJM Health Service. Our Privacy Policy and Notice of Privacy Practices are available at http:bjmhealth.com/privacy-notice
The Service provides a range of content, products, and services, which may include:
- Personalized Musculoskeletal Health Education: We offer educational resources tailored to your specific needs.
- Digital Tools and Technologies: These tools help monitor and manage your musculoskeletal condition, providing personalized insights and support.
- Access to BJM Health’s Wireless, Mobile, and Web-based Systems: These systems provide a platform for your health information, communication with BJM Health’s care team, and personalized care management.
- Your Account and Use of the Service
To access and use the Service, you need to create an account. You must provide accurate and complete information during registration and keep it updated. You are responsible for maintaining the confidentiality of your account credentials, including your password, and are fully responsible for all activities that occur under your account.
You agree to:
- Immediately notify BJM Health of any unauthorized use of your account.
- Securely log out of your account after each session.
- Text Message and Short Code Terms
By opting in to receive text messages, you agree to receive informational messages, messages from your coach, and notifications about your scheduled events via SMS. You can opt out of the SMS service at any time by texting “STOP”.
- Your Information and Privacy
We only use the information you provide in accordance with our Privacy Policy and applicable laws. This includes protecting your protected health information (“PHI”) in accordance with HIPAA regulations, where applicable.
- Intellectual Property
The Service, including all its content, is owned by BJM Health or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the Service for personal purposes only.
You agree not to:
- Use the Service for commercial purposes.
- Copy, modify, or distribute any part of the Service without our consent.
- Reverse engineer or decompile the Service.
- Remove or alter any copyright notices.
- Right to Change Terms and Conditions
BJM Health may update this Agreement from time to time. You agree to periodically review these terms and conditions. Your continued use of the Service following any changes constitutes your acceptance of the amended Agreement.
- Computer Equipment and Internet Services
You are responsible for obtaining and maintaining all equipment and software necessary to access and use the Service. This includes a compatible device, a reliable internet connection, and up-to-date security software.
You acknowledge that there are inherent risks associated with using the internet, and you assume these risks. You are responsible for the security of your devices and the data they contain.
- Content and Services Accessed Through BJM Health
The Service may provide links to third-party websites and content. These links are provided as a courtesy and do not constitute endorsements by BJM Health. You use these third-party websites and content at your own risk.
- Payment
You authorize BJM Health to submit claims for Services to your health insurer or health plan. You are responsible for any fees owed to BJM Health that are not covered by your insurer.
- Disclaimer of Warranty and Limitation of Liability
The Service is provided “as is” and “as available” without warranties of any kind, express or implied. BJM Health disclaims all warranties with respect to the information, services, and materials contained on the Service.
Your use of the Service is at your own risk. BJM Health, its suppliers, and anyone involved in creating or delivering the Service are not liable for any damages arising from your use of the Service, including:
- Direct, indirect, incidental, special, consequential, or punitive damages.
- Errors or omissions in the Service.
- Delays or interruptions in the Service.
- Indemnification
You agree to indemnify and hold harmless BJM Health, its suppliers, and their respective affiliates, employees, officers, directors, agents, and representatives from any liability, loss, claim, suit, damage, and expense (including attorneys’ fees) arising from:
- Your violation of this Agreement.
- Your misuse of the Service.
- Your posting of material to the Service.
- Your misrepresentation, gross negligence, or willful misconduct.
- Your breach of applicable laws or regulations.
- Confidentiality and Exercise Safety:
You agree to keep all information related to your BJM Health care plan, including the care pathways and exercise programs provided by our physical therapists, confidential. This information should not be shared with anyone, including family members. You understand that performing any exercises provided by BJM Health without the direct supervision of a qualified physical therapist is at your own risk. BJM Health is not liable for any damages or injuries that may occur as a result of performing these exercises without proper supervision.
- Applicable Law
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, United States of America. Any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the state and federal courts in Delaware.
- Modification and Termination of the BJM Health Service
You may terminate your use of the Service at any time. BJM Health reserves the right to suspend or terminate your access to the Service for any reason, including but not limited to:
- Violation of this Agreement.
- Harmful or inappropriate conduct.
- Failure to comply with applicable laws or regulations.
- Member Responsibilities
You are responsible for:
- Respect: Treating BJM Health team members with respect and refraining from transmitting any inappropriate material.
- Safety and Security: Following safety instructions provided by BJM Health.
- Care Plan: Following your care plan as outlined by your care team.
- Personal Property: Securing your personal property during in-person visits.
- Intellectual Property: Not modifying, decompiling, or reverse engineering the Service.
- Clinical Services
BJM Health, Inc. does not provide clinical services.
- Medical Advice Disclaimer
The Service does not provide medical advice. Nothing in the Service should be considered a substitute for professional medical advice from a licensed physician or healthcare professional in your country. You should always consult with a qualified healthcare provider for any health concerns or before making any medical decisions.
- Telehealth Informed Consent
The Service may involve telehealth, which uses electronic communications for the exchange of health and medical information between you and BJM Health’s care team. By using the Service, you acknowledge and consent to the following:
- The confidentiality of your medical information will be protected.
- You have the right to withhold or withdraw your consent to telehealth at any time.
- You have the right to inspect your telehealth records.
- You understand the risks and benefits of telehealth.
- Direct Physical Therapy Treatment Services
If applicable to your jurisdiction, you are receiving direct physical therapy treatment services from a physical therapist licensed in your jurisdiction. State laws may require a referral from a physician or other healthcare provider for physical therapy treatment services.
- Contact Information
BJM Health, Inc.
5201 Great America Pkwy, Suite 200, Santa Clara CA 95054
Email: [email protected]
- Additional Terms for Users in India
For users in India, the following terms may be applicable:
- Data Localization: BJM Health may store your data in servers located in India in accordance with local laws.
- Consent to Treatment: You will be required to provide explicit consent to receive treatment from BJM Health’s clinical service partners in India.
- Payment Methods: BJM Health may offer various payment methods suitable for users in India.
- Governing Law: This Agreement is governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts in India.
Please note: It is crucial to consult with a legal professional regarding specific legal requirements and compliance for your jurisdiction.
By using the BJM Health Service, you agree to the terms and conditions outlined in this Agreement. If you do not agree to these terms, please do not use the Service.