These Terms of Service (“Terms”) govern your access to and use of the KindlyMoments platform, applications, and services (collectively, the “Service”) provided by KindlyMoments Health, Inc. By accessing or using the Service, you agree to be bound by these Terms.
1. Not Emergency Services — Important Disclaimer
KindlyMoments is NOT an emergency service and should NEVER be used to seek emergency care. In the event of a medical emergency, call 911 or your local emergency services immediately.
The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information provided through the Service.
2. Scope of Services
KindlyMoments provides a HIPAA-compliant care coordination and remote patient monitoring platform designed to support patients during the post-discharge recovery period:
- Remote vital signs monitoring and symptom tracking
- Medication reminders and adherence tracking
- Secure communication with care teams and nurse hotlines
- Family dashboard for authorized caregiver access
- Integration with electronic health record (EHR) systems
- Clinical alerts and risk stratification tools for healthcare providers
- 24/7 nurse hotline (Comprehensive and Enterprise plans)
3. User Responsibilities
3.1 Account Registration
You must be at least 18 years of age to create an account. You represent that all information provided is accurate and that you will maintain its accuracy. You are responsible for safeguarding your account credentials and for all activity under your account.
3.2 Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable regulations
- Attempt to gain unauthorized access to any part of the Service or its infrastructure
- Transmit malware, viruses, or any other harmful code
- Impersonate another individual or entity
- Use the Service to harass, abuse, or harm another person
- Reverse engineer, decompile, or disassemble any part of the Service
- Share your account credentials with unauthorized individuals
3.3 Health Data Accuracy
You agree to provide accurate and complete health information to the best of your ability, use monitoring devices as directed, and report any concerning symptoms to your healthcare provider directly.
4. Limitation of Liability
To the maximum extent permitted by applicable law, KindlyMoments shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or health outcomes, arising from your use of or inability to use the Service.
Our total aggregate liability shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim. KindlyMoments does not guarantee specific clinical outcomes and is not liable for clinical decisions made by healthcare providers.
5. Medicare Billing Terms
5.1 Eligibility
For patients eligible for Medicare coverage under CCM (99490, 99491) or RPM (99453, 99454, 99457, 99458) billing codes, KindlyMoments will facilitate billing on your behalf. Coverage is subject to eligibility verification and is not guaranteed.
5.2 Patient Financial Responsibility
You are responsible for any copayments, deductibles, or amounts not covered by your insurance. Standard Medicare Part B copayment (typically 20%) may apply.
5.3 Self-Pay and Private Insurance
Self-pay subscriptions may be cancelled at any time. Refunds are provided on a prorated basis for unused portions of prepaid billing periods. We accept most private insurance plans and will verify coverage before enrollment.
6. Family Access and Authorization
Patients may grant dashboard access to family members and caregivers. By granting access, you authorize KindlyMoments to share specified health information with designated individuals. You may modify or revoke access at any time. KindlyMoments is not liable for information viewed by individuals you have authorized.
7. Provider Terms
Healthcare providers using KindlyMoments agree to use the platform in accordance with their professional licensure, applicable laws, and their organization's policies. Providers remain independently responsible for all clinical decisions.
8. Intellectual Property
All content, software, designs, logos, and trademarks associated with KindlyMoments are the property of KindlyMoments Health, Inc. or its licensors. You may not copy, modify, distribute, or create derivative works without prior written consent.
9. Service Availability
We strive for 99.99% platform availability but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance.
10. Termination
Either party may terminate the relationship at any time. We may suspend or terminate your account if you violate these Terms. Upon termination, your right to use the Service ceases immediately. Data retention and export rights are governed by our Privacy Policy.
11. Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. Disputes shall be resolved through binding arbitration administered by JAMS in San Francisco, California.
12. Contact
- Email: legal@kindlymoments.com
- Phone: 1-800-555-0199
- Mail: KindlyMoments Health, Inc., 100 Healthcare Way, Suite 400, San Francisco, CA 94105