Medical Terms of Service

This medical terms of service (“Medical Terms”) is a legal contract between the medical professional entity Neko Health P.A. dba Neko Medical Health that are affiliated with, and/or contract with, Neko Health, Inc. (collectively referred to as “Neko Clinic”, “we”, “us”, or “our”) and you (“you” or “your”).  Reference to the Neko Clinic shall mean the Neko Clinic from which you receive the Medical Services, as such term is defined in Section 3.  These Medical Terms, together with the Neko Clinic Privacy Policy govern your use of  Medical Services provided to you by Neko Clinic.

By using the Medical Services, you agree to be bound by these Medical Terms. If you are accepting these Medical Terms for another person in your role as a guardian, conservator, custodian, or parent of a minor child, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such individual in your authorized capacity.

Neko Health, Inc. (“Neko Health”) is a management services entity that provides administrative, technological, and management services to Neko Clinic and offers consumer facing websites, mobile applications and materials (the “Platform”) to facilitate and support use of the Medical Services offered by Neko Clinic (“Neko Health Services”). For example, you may use the Platform to sign up to be on one or more of the Neko Clinic’s waitlists to receive Medical Services. The Neko Health Services, including your use of the Platform, shall be governed by the Neko Health Terms of Service .  Please read the Neko Health Terms of Service carefully before using the Neko Health Services.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND MANDATORY ARBITRATION PROVISION, WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES – INCLUDING ANY MALPRACTICE CLAIMS - YOU MAY HAVE WITH NEKO CLINIC.

READ THESE MEDICAL TERMS CAREFULLY. USING THE MEDICAL SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THE MEDICAL SERVICES IF YOU DO NOT ACCEPT THESE MEDICAL TERMS.

We may alter, modify, suspend, or discontinue any part or all of the Medical Services we offer you at any time and without notice. We may also change or update provisions of these Terms from time to time. The effective date of the Terms will be shown next to “Last Updated” at the top of this page. We will post updated terms on our website and/or within our apps and encourage you to periodically review these Medical Terms to ensure that you stay up-to-date.

If you object to any such modifications, your sole recourse shall be to cease using the Medical Services. Continued use of the Medical Services following notice of any such changes indicates you acknowledge and agree to be bound by them. These Medical Terms may be superseded by expressly designated legal notices or terms located on particular pages of our websites or apps. Such expressly designated legal notices or terms are incorporated into these Medical Terms and supersede the provision(s) of these Medical Terms that are designated as being superseded.

You are fully responsible for the cost of the Medical Services provided to you by Neko Clinic. We accept payment for services in the form of credit card or such other payment methods made available from time to time through the Neko Clinic application or website (or those of our affiliates) at the time that you book your Medical Services.  We do not currently accept insurance.  At your request, we will provide you with a statement that you can submit to your insurance company for reimbursement, however, we cannot guarantee that you will receive any reimbursement from your insurance company for the services provided. As the Medical Services are intended to be preventative, your insurance may not pay for the services. You acknowledge that by receiving Medical Services through Neko Clinics, you agree to pay for services yourself that you may not have coverage for under your health insurance plan. If you have any questions about your health insurance coverage, please contact your health plan.

By agreeing to these Medical Terms, you confirm that you have read the financial policies contained in this Section2 , and acknowledge your understanding of your financial responsibility. You also confirm that you understand that Neko Clinic does not accept insurance and that by agreeing to these Medical Terms, you assume financial responsibility for the Medical Services and will pay all such charges in full.

Neko Clinic is a different type of clinical provider, focused on preventative health and wellness. Neko Clinic is not a full-service medical practice; we encourage you to continue seeing your treating clinician(s) for any medical diagnosis or health condition currently under treatment or identified through the Medical Services.

The cornerstone of our medical services (“Medical Services”) is the Neko Body Scan, which is a preventative body scan comprised of a range of tests that are used by Neko Clinic’s licensed clinicians to investigate the health of your heart, blood vessels, metabolism, and skin. The Neko Body Scan is a noninvasive scan of your entire body and does not use radiation.  In addition to the Neko Body Scan, we may also take bloodwork for laboratory testing. This helps Neko Clinic complete your health panel. Notice for New York and New Jersey Users: Patients residing in New York and New Jersey have the right under their respective state patient billing laws to request an itemized price list from Neko Clinic for their laboratory tests. In obtaining a blood sample for analysis, we will insert a small needle into your vein (typically in your arm).  There is a minimal risk of developing a bruise or infection at the needle site. The other non-invasive tests such as blood pressure, electrocardiogram (ECG), oxygen saturation, eye pressure readings, and grip strength measurement, typically involve a piece of equipment used to measure vitals and do not hurt, nor are they linked to any long-term risks. The Medical Services also include a personalized consultation with a licensed provider to explain your results and discuss any questions or concerns you may have.

If any health issues are identified by Neko Clinic in delivering the Medical Services, we will offer suggestions for further investigation and, to the extent you provide consent, we will communicate our findings to your treating provider. TheMedicalServices do not include treatment for any identified healthissue andNeko Clinic is not responsible for any treatment provided for conditionsidentified through theMedicalServices .  The Neko Clinic is not intended for medical emergencies nor is it intended as a primary care provider. Neko Clinic should not be used as a substitute for continued medical care by your treating clinicians. You are responsible for arranging for any follow up care and treatment for any medical condition or health issue.

You certify that the information you provide to Neko Clinic for the Medical Services is true, accurate, and complete and confirm that you understand that if you knowingly provide false, misleading, or incomplete information to the Neko Clinic, it may have a negative effect on the Medical Services. By agreeing to these Medical Terms you acknowledge that you have read and understand the information above, that you have had the opportunity to discuss any questions with the Neko Clinic, and that you consent to provision of the Medical Services by the Neko Clinic.

In connection with providing you with the Medical Services, Neko Clinic may utilize artificial intelligence (AI) dictation technology to convert spoken words into text format for the purpose of assisting Neko Clinic’s clinical team in documenting medical information in an accurate and efficient manner (the “Neko Scribe”). The Neko Scribe is a computer technology, not a human being. The Neko Scribe is used to maximize efficiency, to reduce administrative burden, and to enhance accuracy in the transcription of verbal information. It is possible that the Neko Scribe may make errors in transcribing.  Your Neko Clinic provider will review all of the information in your medical records, including any summaries or other information derived from the raw transcriptions by the Neko Scribe and will make any necessary changes. The Neko Scribe does not replace the judgement of Neko Clinic providers, and the Neko Scribe does not make medical decisions.  All medical decisions are made solely by Neko Clinic professionals.

The information that you provide to the Neko Clinic will be handled in accordance with applicable data privacy and security laws, including but not limited to utilization of security measures such as encryption and access controls to safeguard against unauthorized access and minimize risk of data breaches.  Please review our Clinic Privacy Notice for more information about how we collect, use, and disclose your personal and health information.

You can opt out of use of the Neko Scribe at any time by changing your settings in your patient portal. Opting out may affect the efficiency of medical record documentation.

You understand that you may be charged for your appointment if you don’t show up, arrive late or cancel your appointment with less than 24 hours’ notice. Please read full cancellation terms in the Neko Health Terms of Use.

By agreeing to these Medical Terms, you understand that Neko Clinic may receive personal and health information that you provide, upload, or link to the Neko Health Service.  Neko Clinic does not make any representations or warranties with respect to the Neko Health Service or any exchange of data or information between you and Neko Health. Please review our Clinic Privacy Notice for more information about how we collect, use, and disclose your personal and health information.

You agree that Neko Clinic may send communications to you by email, portal, or by posting them on our website and mobile application, including legal disclosures, these Medical Terms, and our Privacy Notice, all of which are subject to change from time to time.  You further consent to receive communications by or on behalf of Neko Clinic about your healthcare and the Medical Services via secure portal messaging, email, phone, text, or mail to any email address, phone number, or mobile device associated with your account, or otherwise directly or indirectly provided by you to us. To the extent required under applicable law, these communications may be subject to your specific written consent.  The communications we send to you may contain information about your healthcare. You agree to update your contact information to ensure accuracy. Please refer to our Privacy Notice for more information about how we collect, use and disclose your personal information. You may be able to opt out of certain communications or change your communication preferences by adjusting your settings in your portal account.

You may terminate your use of the Medical Services at any time by discontinuing use. We may terminate your access to the Medical Services at any time, in our reasonable discretion, including for reasons such as breach of these Medical Terms, illegal conduct (including falsifying information to obtain controlled substances), abusive or threatening behavior, or failure to pay for services. We may provide notice of termination by email, mail, or other contact information you have provided to us.

These Medical Services Terms will remain in effect after any termination such that all terms that by their nature may survive termination will survive such termination.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN CASES OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, ARISING FROM OR RELATED TO THE USE OF, OR INABILITY TO USE THE MEDICAL SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM YOUR USE OF THE MEDICAL SERVICES. IN NO EVENT SHALL WE OR OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR YOUR USE OF, OR INABILITY TO USE, THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

This section of the Terms (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and us. Arbitration is a form of private Dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The term “Dispute” means any dispute, claim, or controversy between you and Neko Clinic regarding, arising out of or relating to any aspect of your relationship with Neko Clinic, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability, or scope of this Section 12 (with the exception of the enforceability of the Class Action Waiver clause below). The term “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against Us in the same proceeding.

Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring your claims in a court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

You and Neko Clinic agree that an arbitrator must follow and be governed by this Arbitration Agreement and can only award the same damages and relief as a court could award. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive relief or declaratory relief if that relief is required or authorized by law, but that injunctive relief or declaratory relief may not extend beyond you and your dealings with us, and may not include class or collective relief.

Before pursuing arbitration, you must first give us an opportunity to resolve the Dispute informally. You agree to notify us of the Dispute by emailing us at legal@nekohealth.com the following information: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration.

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in a court of competent jurisdiction designated as a small claims court; (b) either party files suit in a court of competent jurisdiction to address an intellectual infringement claim; or (c) either party seeks injunctive relief in a court of competent jurisdiction.

If this Arbitration Agreement applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  You must comply with the AAA or JAMS rules, as applicable, regarding the initiation of arbitration. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or we may initiate arbitration in either New York or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitrator may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. Notwithstanding the above, you may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in the federal judicial district that includes your billing address, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, we will pay the filing fees for you.

You and we agree that all Disputes between you and Neko Clinic will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class, representative, or consolidated basis.  Furthermore, neither you nor Neko Clinic may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or us from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general.

We both agree that this Class Action Waiver is an essential part of our Arbitration Agreement and that, if this Class Action Waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and us.  This Class Action Waiver may not be severed from our Arbitration Agreement.

If any provision contained in these Terms, including but not limited to Section 12, shall for any reason other than the Class Action Waiver clause above, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless the invalidity of any such provision substantially deprives either party of the practical benefits intended to be conferred by these Terms, in which case, the court or other tried of fact shall be authorized to amend the provision in such a manner so as to be valid and enforceable while preserving the parties’ original intent to the greatest possible degree. Notwithstanding the foregoing, any provision of these Terms held invalid, illegal or unenforceable only in part or degree shall remain in full force and effect to the extent not held invalid or unenforceable, and the determination that any provision of these Terms is invalid, illegal or unenforceable as applied to particular circumstances shall not affect the application of such provision to circumstances other than those as to which it is held invalid, illegal or unenforceable. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

These Medical Terms make up the entire agreement relating to your use of the Medical Services and supersede all prior agreements relating to the subject matter hereof.  These Medical Terms will be governed by the State of New York, without regard to the choice or conflicts of law provisions.  Except for disputes subject to arbitration as described above, any disputes relating to these Medical Terms or the Medical Services will be heard in the courts located in Southern District County, New York.

Even after termination, these Medical Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.

If you have any questions about these Medical Terms or otherwise need to contact us for any reason, you can reach us at hello@nekohealth.com.