Terms and Conditions
Last Updated: Feb 11, 2025
Welcome to Gen By Gen Health. By accessing or using our website, mobile application, or any of our services (collectively, the “Services”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our Services.
1. Use of Services
1.1 Eligibility: You must be at least 18 years old to use our Services. If you are under 18, you may use the Services only with the consent of a parent or legal guardian.
1.2 Compliance: By using our Services, you agree to comply with all applicable laws and regulations.
1.3 Prohibited Activities: You agree not to engage in any activity that disrupts or interferes with the operation of the Services, including but not limited to hacking, unauthorized data access, or transmitting malware.
2. Privacy and Data Protection
Your use of the Services is subject to our Privacy Policy, which governs how we collect, use, and protect your personal data. By using our Services, you consent to our collection and use of your information as outlined in the Privacy Policy.
3. Medical Disclaimer
3.1 No Medical Advice: Gen By Gen Health does not provide medical advice, diagnosis, or treatment. The content of our Services is for informational purposes only and should not be relied upon as a substitute for professional medical consultation.
3.2 Consultation with Healthcare Providers: Always consult with a qualified healthcare professional before making any medical decisions. We are not responsible for any health-related decisions you make based on the information available through our Services.
4. User Accounts
4.1 Account Registration: To access certain features, you may need to create an account. You agree to provide accurate and complete information and keep your login credentials confidential.
4.2 Account Security: You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorized access to your account.
4.3 Account Termination: We reserve the right to suspend or terminate your account if we suspect any fraudulent or unlawful activity.
5. Intellectual Property
5.1 Ownership: All content, including text, graphics, logos, images, and software, is the property of Gen By Gen Health or its licensors and is protected by intellectual property laws.
5.2 Restrictions: You may not copy, distribute, modify, or create derivative works from our content without our prior written consent.
6. Third-Party Services
6.1 Third-Party Links: Our Services may include links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties.
6.2 Use at Your Own Risk: Your interactions with third-party services are solely at your own risk and subject to their respective terms.
7. Limitation of Liability
7.1 No Warranties: We provide the Services “as is” without any warranties, express or implied. We do not guarantee that the Services will be error-free or uninterrupted.
7.2 Limitation of Liability: To the fullest extent permitted by law, Gen By Gen Health shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services.
8. Indemnification
You agree to indemnify and hold harmless Gen By Gen Health, its affiliates, and employees from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
9. Modifications to Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on our website with an updated effective date. Your continued use of the Services constitutes acceptance of the revised Terms.
10. Confidentiality; Healthcare Law Compliance; Use of Non-Personally Identifiable Data
By this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). Users acknowledge and agree that the software, design, functionality, and features of the Services constitute trade secrets within the Confidential Information owned by Gen By Gen Health, in addition to other business, proprietary, and non-public information pertaining to Gen By Gen Health. User health/healthcare information and other non-public information stored on our servers is considered User Confidential Information.
A party’s Confidential Information shall not include information that: (a) is or becomes part of the public domain through no act or omission of the other party; (b) was lawfully in the other party’s possession before disclosure and had not been obtained either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; (d) is independently developed by the other party; or (e) is required to be disclosed by applicable laws, regulations, or by an order of a court of competent jurisdiction or other legal processes. In the event of a compelled disclosure, the party required to disclose shall, if reasonably practicable and permitted under applicable law, provide notice to the other party as early as possible before such disclosure to enable the other party to contest and/or limit the extent of disclosure.
The parties agree, both during the term of this Agreement and for two (2) years after termination, to hold each other’s Confidential Information in confidence. However, for information constituting “trade secrets” as defined under the Uniform Trade Secrets Act, confidentiality obligations shall continue for as long as such information remains a trade secret. The parties agree not to make each other’s Confidential Information available to any third party or use it for any purpose other than the provision or use of the Services, as applicable, and the execution of this Agreement. Each party agrees to take reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of this Agreement.
Notwithstanding the foregoing, Users shall not, at any time, whether during the term of this Agreement or thereafter, permit anyone (other than Healthcare Provider Users’ employees and Healthcare Provider Patient Users) to access or use the Services. Each party shall comply with all applicable laws, rules, and regulations in performing its obligations under this Agreement, including but not limited to, state and federal physician self-referral and anti-kickback laws and regulations, as well as the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and its implementing regulations (including the Standards for Privacy of Individually Identifiable Health Information). Healthcare Provider Users and Gen By Gen Health agree to enter into a customary HIPAA Business Associate Agreement upon entering into this Agreement.
Notwithstanding any other provision in this Agreement, we own and have the right to collect, retrieve, compile, store, retain, use, sell, license, transfer, or otherwise process all information that is not classified as “Protected Health Information” under 45 C.F.R. Section 164.501 or other personally identifiable data relating to the use of the Services. Such data may be used for research, quality control, product development, commercial purposes, and other lawful purposes as determined by us, without an obligation to obtain user consent or provide accounting to any third party.
As used herein, “non-personally identifiable data” refers to any data element or set of data elements that cannot be associated with a specific individual, whether by itself or in combination with other information. We may use such information as necessary to perform, provide, develop, enhance, support, and maintain the Services, as well as to create data derived from the use of the Services (including metrics and analytics). This data will not be specific to any individual, will not include Protected Health Information or personally identifiable information, and cannot be used alone or in conjunction with other information to identify any specific person. This information is essential to ongoing innovation and improvement of the Services.
11. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Gen By Gen Health
Email: info@genbygenhealth.com
Phone: (713) 715-7997
