We at Redapple strive to reduce the barriers to finding healthcare that suits your needs. Our goal is to find the healthcare professional that best fits your need and open up communications to develop a long term relationship with your caretakers.

These Terms of Service(“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. You can email us at info@redapple.ai or call us at (949)-660-7770 and we’ll get back to you as soon as possible.

Terms of Service

These Terms dictate your access to and use of Redapple as well as all content and products and services available through our partner website(s) (“Walk-in Labs”).

These Terms also dictate visitor’s access to and use of any website or applications that use our Services.

We retain the right to automatically update our Service and you will have to agree to those terms when those updates do occur in order to continue using our Service. All of the terms and conditions listed in this document are offered subject to your acceptance, without modification.

Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you will not be able to access or use our Service.

Arbitration Notice and Class Action Waiver: You agree that disputes between you and us will be resolved by binding, individual arbitration and that you waive your right to participate in a class or collective action lawsuit, or class or collective arbitration.

Please note that we offer the Services “As Is” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

Please keep in mind in this soft launch of the app, there may be issues with service at times and by agreeing to use our app you are acknowledge the risks associated with using in-development software.

Who’s Who

Throughout these Terms, “you” applies to both individuals and entities that access or use our Services

About the Application

Some of our Services can be viewed without a Redapple Account. To use the Services we offer, you must create a Redapple account and provide certain basic information about yourself, which you authorize Redapple to use and disclose as described in our Privacy Policy.

You acknowledge using our application and the Content therein does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in finding a doctor, dentist, or other healthcare specialist, professional, provider, organization, or agents or affiliates thereof. Healthcare professionals may include but are not limited to specialists such as chiropractors, nutritionists, fitness coaches and other possible healthcare related roles. “Content” on this application means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, Content provided in direct response to your questions or postings.

While we make our best efforts to verify the qualifications of healthcare professionals listed on our application, we make no guarantees representations, or warranties, whether expressed or implied with respect to professional qualifications, insurance coverage, or benefit information, or any other content available through the services. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content. Furthermore, we do not in any way endorse or recommend any individual or entity listed or accessible through the services.

We do not provide medical advice

The content that you obtain or receive from Redapple, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via Redapple Messaging and Voice Calling features comes from independent healthcare professionals and organizations and is for informational purposes only.

While we hope the content is useful in your healthcare journey, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not disregard, avoid, or delay medical advice from a qualified healthcare provider, under any circumstance. Do not use the services for emergency medical needs. If you experience a medical Emergency, immediately call a healthcare professional and 911. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, or other professional healthcare advice, or the provision of medical care. It is your responsibility to follow through with the appointments you have scheduled with healthcare professionals you have connected with.

We do not recommend or endorse any specific medical tests. We are partnered with Walk-in diagnostics, where diagnostic medical tests are available to users to take. If you rely on any content generated in the app, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the HCP’s office, and the appropriate licensing or certification authorities to verify listed credentials and education.

No Doctor Patient Relationship

Our services do not substitute as healthcare nor is a medical professional/patient relationship created when you use our service. This applies even when you match with a healthcare professional and use the messaging service through our application.

Redapple encourages healthcare providers to use the services responsibly, but we have no control over, and cannot guarantee the availability of, any healthcare provider at any particular time. We will not be liable for cancelled or other unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site or Services whatsoever.

While using Redapple to locate and schedule appointments with Healthcare Providers, you understand that:

You are responsible for choosing your own healthcare provider without limitation, determining whether the applicable healthcare provider is suitable for your healthcare needs based on specialty, experience, qualification, licenses, fees and other important facts and circumstances that could impact your care.

Redapple or its designee takes certain limited steps to verify that healthcare providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services and also verify that Healthcare Providers are not listed in the US Department of Health and Human Services Office of the Inspector General Exclusion database. Redapple may also exclude Healthcare Providers from our Services who in Redapple’s discretion, have engaged in inappropriate or unprofessional conduct.

Some Healthcare Providers listed through the Services enter into contracts with us and may pay us a fee in order to be marketed through or to use the Services. To help you find Healthcare Providers who may be suitable for your needs and enable the maximum choice and diversity of healthcare providers participating in the Services, we will provide you with lists and profiles of Healthcare Providers. These results are based on information that you provide to us, such as insurance information, geographical, location, healthcare specialty, and price range. They may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Redapple users, and past experience of Redapple users with Healthcare Providers). Note that Redapple does not recommend or endorse any Healthcare Providers, does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide and does not receive any additional fees from healthcare providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Featured Doctors as described below). Note, however, to the extent that you use the Services as provided by your employers, Redapple may provide lists and/or profile previews based also on criteria determined by your employer’s agents or advisors. In addition, to the extent that Redapple serves as a platform for, or provides technical support to, the provider directory associated with your health coverage, Healthcare Providers will appear in the directory based on criteria determined by your health plan or plan sponsor, as applicable. We may show you advertisements or featured doctors (“Featured Doctors”) on the applications, listed in the HCP profile cards presented during the matching process. Featured Doctors shown through the Services are not, and should not be considered, an endorsement or recommendation by Redapple of the Healthcare Provider.

Healthcare Providers Content:

Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content may be provided by the Healthcare Provider and or office staff. Such Content can change frequently and may become out of date, incomplete or inaccurate. Redapple does not provide any advice or qualification certification about any particular Healthcare Provider.

Procedures/Products/Services:

Procedures, products, services, and devices discussed and/or marketed through the Services are not applicable to all individuals, patients, or all clinical situations. Any procedures, products, services, or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

Insurance Content:

Insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) (“Insurance Content”) is intended for general reference purposes and for your convenience only. Such Insurance Content may be based on Personal Information (as defined below) you provide to us as well as Healthcare Provider Content (such as CPT codes and other encounter data). The Insurance Content may be provided directly by the insurance provider you identify with. Insurance Content can change frequently and may become out of date, incomplete or inaccurate. You agree that you will be responsible for providing accurate and complete insurance-related Personal Information and verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide). Although RedApple strives to provide you with accurate Insurance Content, we are not responsible for any inaccurate, incomplete or outdated Insurance Content.

6. YOUR PERSONAL INFORMATION

Protecting patient privacy and keeping your information secure are among our biggest priorities. Our Privacy Policy details how we may use, share, and maintain the information that you voluntarily share with Redapple, which may include, without limitation, your name, address, social security number and contact information, insurance information, medical history and current medical needs, billing information, and other personally identifiable information (collectively, “Personal Information”).

7. YOUR RESPONSIBILITIES

7.1 Your Account Credentials When you create a Redapple account, you will provide an email address, phone number and create a password (collectively, “Credentials”) to verify your account. You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to team@redapple.ai. You may also be able to connect to the Services through a third party service, such as Facebook or Google. If you connect to the Services through a third party service, you give us permission to access and use your information from such third party service as permitted by such third party service, and to store your log-in credentials for such third party service. Redapple has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

7.2 Your Responsibilities Generally The Services are free for users looking for healthcare practitioners, but you are still responsible for your healthcare expenses. Charges for any medical or related services provided by Healthcare Providers will apply and will be entirely your responsibility. It is your responsibility to update your Redapple account with the most up-to-date information regarding your insurance information. You may face some limitations in our Service according to the extent of your insurance provider’s participation. Any dispute between you or any Healthcare Provider arising from any transaction made do not fall under Redapple’s responsibility and will need to be resolved outside of Redapple. You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider Content, appointment availability, price information, and Insurance Content) for any purpose whatsoever.

In addition to our rights in these Terms of Use, we reserve the right to any legal action and implement any technological measures to prevent violations of the Terms of Use and Privacy Policy

7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries If you are a Healthcare Provider or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with Redapple or whether you schedule or intend to schedule appointments, you acknowledge and agree that: (a) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient. (b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation. (c) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

8. CHANGES TO THE SERVICES; NEW SERVICES;

8.1 Changes to the Services; New Services In the future we may add new features, edit current features, and discontinue supporting features under our Services. Redapple will not make any guarantees to which features will be supported in future versions and will not be held responsible for any problems created by the discontinuation of some services.

9. LINKS TO OTHER WEBSITES

While using the Services, you may encounter links to other websites. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. We try our best to provide links that will not harm the user but ultimately, it is under your discretion to view websites outside of our Application and we are not responsible for the content outside of RedApple

10. CONTENT YOU POST OR SUBMIT

You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers you find through the Services so that we can improve the Redapple experience for you and other users. Please act responsibly when providing feedback. Redapple reserves the right to investigate and take appropriate legal action against anyone who violates our Terms of Use and at our discretion will remove any offending communication from the Services and terminate accounts that violate the rules described herein. By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Redapple and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.

11. YOUR USE OF CONTENT

All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Redapple’s proprietary information. We give you permission to use the Content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Redapple nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Redapple to you are retained by Redapple.

12. DISCLAIMER

We created Redapple to improve the process for finding the best fit healthcare provider for your needs. While we try our best to reach that goal, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your Content and the acquisition of Content you may have gathered. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. We provide the services as is and as available. We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the survives and the site, including, without limitation, any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness, or completeness of information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, Redapple makes no warranties about the information systems, software and functions made accessible through the services or any other security associated with the transmission of sensitive information. Redapple does not warrant that the site or the services will operate error-free, bug-free, or free from defects, that the loss of data will not occur, or that the services, software, or site are free of computer viruses, contaminants, or other harmful items.

13. GENERAL LIMITATION OF LIABILITY

While we’re always improving, we hope you have an excellent experience with Redapple, your sole and exclusive remedy for any dispute with us is the cancellation of your account. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of healthcare providers utilized through the use of the services, even if we knew or should have known the possibility of such damages, because some state or jurisdiction do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited in accordance herein to the maximum extent permitted by law. If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time executing the release, which, if known by him must have materially affected his settlement with the debtor.”

14. TERMINATION

If you’re not using the Service appropriately, we’ll want to work with you to set things straight. But we reserve the right, if we determine it is best, to terminate, suspend and/or deactivate your account immediately, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your Credentials. We may also terminate, suspend or deactivate your account for any other reason, including inactivity for an extended period. RedApple shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and you are permitted to create another account).

15. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Site and/or Services, or (b) the violation of this Agreement or of any intellectual property or other right of any person or entity, by you or any person using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

16. MISCELLANEOUS

16.1 Electronic Contracting Copyright Dispute Your affirmative act of using the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and your consent to enter into such agreements with us electronically.

16.2 Changes to These Terms of Use We may change these Terms of Use and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. If at any time you choose not to accept these terms of use or the agreement, including following any such modifications hereto, then you must stop using the site and the services.

16.3 Limitation of Claims No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

16.4 Choice of Law Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights We hope that we can work out any disagreements you might have with Redapple. But if there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute. You agree that all disputes between you and us (whether or not such disputes involves a third party) with regard to your relationship with us, including without limitation, disputes related to this agreement, your use of the services, and or rights of privacy and or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and we hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. You are waiving the ability to participate as a class representative or member in any class or collective claim you may have against us including any right to class or collective arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.

16.5 Severability In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

16.6 Entire Agreement This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Redapple to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

16.7 Headings The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

16.8 Assignment We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

16.9 Eligibility If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.