Aluna Patient User Terms of Use
YOU SHOULD CAREFULLY READ THE LINKED PATIENT USER TERMS OF USE (THE “TERMS”)
BEFORE USING THE ALUNA MOBILE APPLICATION (THE “APP”) AND THE ALUNA CONNECTED
DEVICE (THE “DEVICE”). The App and Device, including all relevant content and functionality
associated with the App and Device, are collectively referred to as the “Services.”
BY CREATING A USER ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE
BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT USE THE
SERVICES.
Any information that Knox Medical Diagnostics, Inc. d/b/a Aluna (“Aluna” or “We”) collects through Your
use of the Services is subject to the Patient User Privacy Policy, which is part of these Terms.
By continuing to use the Services, You agree as follows:
1. You are at least 18 years old or have been legally emancipated;
2. If you are registering for a User Account on behalf of your minor child(ren), you are the legal parent
or guardian of the child(ren) that will use the Services;
3. You agree to allow your child(ren) to use the Services;
4. You understand and agree that these Terms are a legally binding agreement and the equivalent of
a signed, written contract;
5. You will use the Services in a manner consistent with applicable laws and regulations, these Terms
and the Patient User Privacy Policy (as each may be amended by Aluna from time to time), and the
Device instructions for use; and
6. You understand, accept, and have received these Terms and the Patient User Privacy Policy, and
acknowledge and demonstrate that You can access these Terms and the Patient User Privacy Policy
at will.
If You do not agree with and accept the Terms, please discontinue all further use of the Services. Do
not continue the installation process and immediately delete all installed les, if any, and the App from
Your device(s).
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF
DISPUTES DESCRIBED IN THE dispute resolution section below, YOU AGREE THAT DISPUTES
BETWEEN YOU AND ALUNA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION and you
waive your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
YOU CAN OPT OUT OF THE ARBITRATION AGREEMENT BY CONTACTING legal@alunacare.com
WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
PATIENT USER TERMS OF USE
Effective: June 1, 2021
Last Updated: August 9, 2024
These Patient User Terms of Use (“Patient User Terms of Use” or “Terms”) are a legal contract between
you (“You/Your” or “User”) and Knox Medical Diagnostics, Inc. d/b/a Aluna (“Us” or “We” or “Our” or
“Aluna”). Aluna is the creator of the Aluna mobile application (the “App”) and provides access to Your
healthcare provider (each, a “Provider User”) who tracks Your lung health data using remote patient
monitoring (“RPM”) services through Aluna’s FDA-cleared digital spirometry device (the “Device”)
and a provider dashboard (the “Provider Dashboard”). Aluna’s App, including all relevant content and
functionality associated with the App, are collectively known as the “Services.” These Terms govern Your
use of the Services and apply to individuals accessing the Services. By accepting these Terms and using
the Services, You acknowledge that You have read, understand, and agree to these Terms and Our
Patient User Privacy Policy. Any capitalized terms not dened in these Terms are dened in the Patient
User Privacy Policy.
Aluna Patient User Terms of Use
Aluna Patient User Terms of Use
WHAT ARE THE SERVICES?
Overview of Services
The App and the Services are intended to provide a convenient platform for Patient Users to use to
collect and transmit their lung health data to Provider Users that they designate. The Services are not
intended to be used to identify emergency situations.
You may access and use the Services only in accordance with these Terms, and You agree to comply
with all applicable laws, rules, and regulations, including any other policies incorporated into these
Terms, such as Our Patient User Privacy Policy.
Device.
The Device(s) are manufactured and provided to You by Aluna. Accordingly, Your use of the Device(s)
shall be governed by these Terms and the Device instructions for use provided to you by Aluna.
The Device(s) provided to You by Aluna are exclusive to Aluna. You shall not connect the Device(s) to or
use the Device(s) with any app or software platform other than the App. You are not permitted to use or
allow any third party to use the Device(s) other than in association with the App.
WHAT DOES ALUNA NOT PROVIDE?
NO medical advice.
By accepting these Terms, You agree and acknowledge that We do not provide clinical services. Our role
is limited to supporting and facilitating Your access to Aluna products and services via the App. YOU
AGREE AND ACKNOWLEDGE THAT ALUNA IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT
TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES,
PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED
AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR
PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP
WITH YOU.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE
THE RELATIONSHIP BETWEEN PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT,
OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE
CIRCUMSTANCES.
If at any time You are concerned about Your care or treatment, or You believe or suspect or someone
else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that
service is available, or go to the nearest emergency room.
Any medical advice provided by a Provider User using information from the Services is based on
the personal health data You provide. If You do not provide complete and accurate personal health
information, the medical advice You receive may not be accurate or appropriate. Questions and
information collected through the Services are designed for informational and/or research purposes and
to identify potential patterns in symptomologies and treatments. The Services and/or any data derived
from the Services are in no way intended to replace the independent clinical judgment of a qualied
healthcare professional.
FURTHER, A PROVIDER USER’S USE OF OUR SERVICES IS NOT AN ENDORSEMENT OR
RECOMMENDATION OF SUCH PROVIDER USER BY US. THE MEDICAL ADVICE PROVIDED TO YOU
BY A PROVIDER USER, YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT
UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO YOU OR USE IT.
We do not conrm the credentials of any Provider User using the Services. We do not validate that any
such persons are in good standing with their respective licensure board(s) or that they are using the
Services in accordance with laws applicable to the practice of medicine. It is YOUR responsibility to
separately conrm that a Provider User is in good standing with his or her respective licensing board(s)
and to exercise whatever other due diligence You feel is appropriate in selecting and maintaining Your
Aluna Patient User Terms of Use
choice of healthcare professionals.
Any general information available through the Services about medical conditions, symptomology,
available drugs, treatment options, and/or other educational articles and videos is provided for
general educational purposes only.
NO insurance billing services.
While We provide a convenient platform for Patient Users to track certain healthcare information, and
for Provider Users to offer certain healthcare services that may or may not be reimbursable by federal or
state health insurance payors, We are not billing experts. Any information provided to You with respect
to billing is for informational purposes only and should not be relied upon.
WHO IS ELIGIBLE TO USE THE SERVICES?
What Personal Data Does Aluna Collect?
You must register to create an account (“User Account”) and become a registered user to access the
Services. The registration process begins when Aluna enters Your Demographic Data (e.g., name, email
address, contact information) into the Provider Dashboard. From there, You will receive an email inviting
You to register to use the Services. To register, You must create a username and password (“Registration
Data”). You may change or correct the information that You have provided to Us by accessing Your User
Account or by contacting Aluna at support@alunacare.com. You agree not to register for a User Account
on behalf of an individual other than Yourself unless You are legally authorized to bind such person to
these Terms. By registering another person, You hereby represent that You are legally authorized to do
so.
By registering for an account and using the Services, You represent and warrant as follows:
You are at least 18 years old and are otherwise legally qualied to enter into and form contracts under
applicable law;
If you are registering for a User Account on behalf of your minor child(ren), you are the legal parent or
guardian of the child(ren) that will use the Services;
1. You agree to allow your child(ren) to use the Services;
2. Your Registration Data is true, accurate, current, and complete;
3. You will update Your Registration Data as needed to maintain its accuracy;
4. You are authorized to create a User Account (either for Yourself or another person);
5. You acknowledge and agree to the terms of the Patient User Privacy Policy;
6. You are legally authorized to view and share with Us health data and other Personal Data (as that
term is dened in the Patient User Privacy Policy); and
7. You are not located in a country that is subject to a U.S. Government embargo or that is designated
by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S.
Government list of prohibited or restricted parties.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES
WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY
INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE
RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER
OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE
SERVICES.
HOW WILL ALUNA NOTIFY YOU OF CHANGES TO THESE TERMS?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the
end of these Terms, Aluna reserves the right to change or modify these Terms at any time without prior
notice to You. If We materially change or modify these Terms, We will let You know by sending You a
notication to the email address provided to Us.
If You continue to use the Services after We have informed You of the changes, You agree to be bound
by the modied Terms. If You do not accept the changes, You should immediately stop using the
Services and delete the App from Your mobile device.
Aluna Patient User Terms of Use
WHO OWNS THE SERVICES AND PERSONAL DATA?
Services Ownership and Use.
Aluna owns the Services, including all content and functionality You access through the Services. Subject
to Your compliance with these Terms, Aluna grants You a non-exclusive, non-sublicensable, revocable,
non-transferable license to use the Services.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY
NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for
any other purpose than what is allowed under these Terms without Aluna’s express written permission.
You may not use Aluna’s name, trademarks, service marks, or logos, or those of third parties appearing
on the Services in any advertising or publicity or to otherwise indicate Aluna’s or such third party’s
sponsorship or afliation with any product or service without express written permission from Aluna or
such third party.
Personal Data Ownership and Use.
You own Your Personal Data and any other information You submit on or through the Services
(collectively, “Patient Information”). If You are entering someone else’s information into the Services,
You represent and warrant that You have permission to do so. For Us to provide You with the Services,
You grant to Aluna a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable,
worldwide license to use Your Patient Information for the purpose of providing the Services, subject
to the restrictions in the Patient User Privacy Policy. You also agree to allow Aluna to de-identify and
anonymize Your Patient Information, including, without limitation, Your personal health information in
accordance with Our Patient User Privacy Policy, and to use or disclose such de-identied information
for any purpose.
App Store & Google Play.
If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing
to these Terms, You acknowledge that You understand and agree to the following:
1. The Terms are only between You and Aluna, and not between You and the App Provider. Only Aluna
is responsible for the App (not the App Provider);
2. The App Provider has no obligation to furnish any maintenance or support services with respect to
the App;
3. In the event of any failure of the App to conform to any applicable warranty: (i) You may notify the
App Provider and the App Provider will refund the purchase price for the App to You (if applicable);
(ii) to the maximum extent permitted by applicable law, the App Provider will have no other
warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty will be Our
responsibility;
4. The App Provider is not responsible for addressing any claims You have or any claims of any third
party relating to the App or Your possession and use of the App, including, but not limited to:
(i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
5. In the event of any third-party claim that the App or Your possession and use of the App infringes
that third party’s intellectual property rights, the App Provider will not be responsible for the
investigation, defense, settlement, or discharge of any such intellectual property infringement claim;
and
6. The App Provider, and its subsidiaries, are third-party beneciaries of this Agreement as it relates to
Your license of the App. This means that, upon Your acceptance of these Terms, the App Provider will
have the right (and will be deemed to have accepted the right) to enforce these Terms as related to
Your license of the App against You.
Apple users only: If You downloaded the App from the App Store, the license granted to You in these
Terms is non-transferable and is for use of the App on any Apple products that You own or control.
Aluna Patient User Terms of Use
WHAT ARE YOU NOT ALLOWED TO DO WITH THE SERVICES?
You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We
impose certain restrictions on Your use of the Services. While using the Services, You shall not:
1. Provide false, misleading, or inaccurate information to Us or any other user;
2. Use the Services: (i) for any commercial purpose; (ii) for the benet of any third party; or (iii) in any
manner not permitted by these Terms;
3. Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other
person or entity (including, without limitation, by using e-mail addresses or screen names associated
with any of the foregoing);
4. Use or attempt to use any manual process, engine, software, tool, agent, or other device or
mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to
harvest, monitor, or otherwise collect information from the Services for any use, including, without
limitation, use on third-party websites, without Our consent;
5. Use the Services in any manner that could disable, overburden, damage, or impair the Services or
interfere with any other party’s use of the Services, including their ability to use the Services;
6. Access content or data not intended for You, or log onto a server or account that You are not
authorized to access;
7. Violate any applicable federal, state, local, or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from the U.S. or other
countries);
8. Attempt to probe, scan, or test the vulnerability of the Services or any associated system or network,
or breach security or authentication measures without proper authorization;
9. Interfere or attempt to interfere with the use or functionality of the Services by any other user,
host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm,
logic bomb or other material, which is malicious or technologically harmful, overloading, “ooding,”
“spamming,” “mail bombing,” or “crashing”;
10. Forge any TCP/IP packet header or any part of the header information in any e-mail or in any
uploading or posting to, or transmission, display, performance, or distribution by means of, the
Services;
11. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation;
12. Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or
violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual
property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false,
misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes
discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to any person or entity;
or (vii) promotes illegal or harmful activities or substances;
13. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate
content, asking for personally identiable information, or otherwise;
14. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological
measure implemented by Us, You, or any other third party (including another user) to protect the
Services;
15. Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to
reduce to a human-perceivable form any of the source code used by Us in providing the Services.
Any violation of this section may subject You to civil and/or criminal liability;
16. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services,
or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or
otherwise interfere with or attempt to interfere with the proper working of the Services;
Aluna Patient User Terms of Use
17. Connect or use the Device(s) with any application or software platform other than Our App; or
18. Encourage or enable any other individual to do any of the above.
Aluna is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance
with these Terms, and/or to respond to law enforcement or other government agencies if and when We
are required to. Aluna reserves the right to suspend or terminate Your use of the Services without notice
to You if You partake in any of the prohibited uses described above.
HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?
Patient Users are required to create a username and password to access and use the Services. Your
username and password are, collectively, Your “User Credentials.” You are solely responsible for: (i)
maintaining the strict condentiality of Your User Credentials, (ii) not allowing another person to
use Your User Credentials to access the Services, and (iii) any and all damages or losses that may be
incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of
whether You were aware of those activities. You agree to immediately notify Aluna in writing by email
of any unauthorized use of Your User Credentials or any other compromise of the security of Your User
Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING
YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL
NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER
CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE
OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON
OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by Aluna and/or its afliates, ofcers, directors, and
representatives due to someone else’s use of Your User Account or password, regardless of whether You
were aware of such use.
HOW DOES ALUNA PROTECT YOUR PRIVACY?
Aluna values Your privacy and is committed to keeping Your Personal Data condential. Please see Our
Patient User Privacy Policy for an explanation of Our privacy practices, the data We collect from You,
how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the
Services, or by downloading, viewing, or uploading any content through the Services, You acknowledge
and agree to the provisions of the Patient User Privacy Policy and afrm that the Patient User Privacy
Policy is a part of these Terms.
By using the Services and accepting these Terms, You further acknowledge that Aluna may share Your
Personal Data with other users, including Your healthcare provider. We may share Your information with
third parties as described in the Patient User Privacy Policy, and will seek Your consent before doing so
where required by law.
We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal
Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or
not such treatment violates applicable law.
Please be aware that Our Patient User Privacy Policy does not address how Provider Users with whom
You share information collected, generated, or stored via the App or Device(s) may further use and
disclose Your health information. The Provider User’s Notice of Privacy Practices should be available to
You and is usually located on their website if they have one. Aluna’s Patient User Privacy Policy does
not apply to the collection, use, disclosure, or treatment of Your Personal Data directly by any provider,
clinician, researcher, caregiver, or other healthcare professional and/or entity. You expressly acknowledge
and agree that Aluna is neither responsible for nor liable to You or any third party for the treatment of
Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage,
loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or
the Provider User’s Notice of Privacy Practices.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other
equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes,
Aluna Patient User Terms of Use
without limitation, obtaining Internet and/or cellular data services, using up-to-date operating systems,
and the best commercially available security features. You are responsible for the data security of the
Systems used to access the Services and for the transmission and receipt of information using such
Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of
the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH
USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
OPTING OUT OF COMMUNICATIONS FROM ALUNA
We may send communications, including emails, to You regarding Your User Account and the Services.
You can choose to lter any User Account and Services emails using Your email settings, but We do not
provide an option for You to opt out of these communications.
If You consent to receive marketing or other communications not related to Your User Account or the
Services, We will provide You with the option to opt out of such marketing communications within the
applicable message.
Third-Party Services
To the extent any features, aspects, products, or services offered through the Services are provided,
in whole or in part, by third parties (“Third-Party Services”) as provided by “Third-Party Service
Providers,” You may be subject to additional terms and conditions. To the extent applicable, You will
receive a notication and have the opportunity to accept such terms and conditions. IF YOU DO
NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND
CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms,
those additional terms and conditions will control with respect to such Third-Party Services. Third-Party
Service Providers may collect and use certain information about You, as specied in the Third-Party
Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You
should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS
OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD
NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES,
BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-
PARTY SERVICE PROVIDERS.
YOUR REPRESENTATIONS AND WARRANTIES
In addition to other representations and warranties contained throughout the Terms, You represent
and warrant that Your use of the Services will be in accordance with these Terms and all applicable
laws, regulations, rules, and Aluna policies and procedures (to the extent such policies and procedures
are communicated to You). Specically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY
AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE
BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
No Warranties.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. WITHOUT LIMITING THE FOREGOING, ALUNA EXPLICITLY DISCLAIMS ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
TRADE. ALUNA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS
OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ALUNA MAKES
NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS
ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS,
TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE
SERVICES.
Aluna Patient User Terms of Use
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALUNA OR
THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY
MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT
AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PATIENTS,
PROVIDERS, CLINICIANS/CAREGIVERS, OR AUTHORIZED THIRD PARTIES.
YOU UNDERSTAND THAT ALUNA DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY
INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION,
PROVIDERS, NOR DOES ALUNA VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY
SUCH USERS OF THE SERVICES. ALUNA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO
THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PROVIDERS.
ALUNA CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT
MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS,
OR OTHER SERVICE INTERRUPTIONS. ALUNA CANNOT ASSUME RESPONSIBILITY FOR THE
TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA,
COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACK UP
ANY INFORMATION YOU ENTER INTO THE APP.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR, A
DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF
CONFORMITY FOR GOODS OFFERED TO CONSUMERS, AND YOU MAY HAVE OTHER RIGHTS THAT
VARY FROM JURISDICTION TO JURISDICTION.
Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD
ALUNA OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE,
RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR
COMPUTERS, MOBILE DEVICES, OR DATA.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.
NEITHER ALUNA NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF
SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS
OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS,
INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS
WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALUNA HAS BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS
IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO
DISCONTINUE USING THE SERVICES.
FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES
YOU ARE RECEIVING FROM A PROVIDER USER, YOU MAY HAVE ADDITIONAL REMEDIES
REGARDING THE PROVISION OF HEALTHCARE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN
EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK.
ALUNA IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN
Aluna Patient User Terms of Use
RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
ALUNA IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE
OR MISCONDUCT OF ANY PROVIDER USER OR OTHER HEALTHCARE PROVIDERS, WHETHER OR
NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, ALUNA’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO
THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY
CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS
OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ALUNA AND ITS REPRESENTATIVES
FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE
ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR
ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT
OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY
OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF
WHETHER YOU WERE AWARE OF SUCH USE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
PROVIDING FEEDBACK TO ALUNA
We welcome and encourage You to provide feedback, comments, and suggestions for improvements
to the Services (“Feedback”). You may submit Feedback by emailing Us at support@alunacare.com.
You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive,
worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable, and transferable license under
any and all intellectual property rights that You own or control to use, copy, modify, create derivative
works based upon, and otherwise exploit the Feedback for any purpose.
USER ACCOUNT TERMINATION
If You breach any of these Terms, We may suspend or disable Your User Account or terminate Your
access to the Services without prior notice to You. There may be other instances where We may need
to terminate Your access to the Services that are not related to any of Your actions or inactions. We
reserve the right to terminate Your access to and use of the Services and materials at any time, with or
without cause.
If You wish to terminate Your User Account, please contact Aluna at support@alunacare.com,
immediately discontinue Your use of the Services, and delete the App from Your mobile device.
DISPUTE RESOLUTION
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
You agree that any dispute between You and Aluna arising out of or relating to these Terms will be
governed by the dispute resolution procedure outlined below. We want to address Your concerns without
needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute
Resolution section may be modied by written agreement between You and Aluna.
Informal Dispute Resolution.
Before ling a claim against Aluna, You agree to try to resolve the dispute informally by contacting
legal@alunacare.com. Most user concerns can be resolved quickly and to Your satisfaction through
email.
Aluna Patient User Terms of Use
Arbitration Agreement.
In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We
have not been able to resolve a dispute with You after attempting to do so informally), including, but
not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding
arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses
a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that
a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other
costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively,
fully, and nally resolved using binding arbitration through the American Health Lawyers Association
(“AHLA”).
Arbitration Procedure.
You and Aluna agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by
You, one (1) arbitrator is selected by Aluna, and the third (3rd) arbitrator is selected by mutual consent
of You and Aluna. If You and Aluna cannot agree upon the third arbitrator, the rst two (2) arbitrators
chosen shall select the third arbitrator. The selection decision shall be binding.
The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—
the specic manner to be chosen by the party initiating the arbitration. The arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the
parties. Any judgment on the award rendered by the Panel may be entered in any court of competent
jurisdiction.
Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years
from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be
time-barred and dismissed.
Cost of Arbitration.
You and Aluna shall each pay fty percent (50%) of all mediator and/or arbitrator costs, expenses, and
fees incurred in connection with mediating and/or arbitrating under these Terms.
Exceptions to Agreement to Arbitrate.
Aluna may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services
or infringement of intellectual property rights (e.g., trademark, trade secret, copyright, or patent rights)
without rst engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH ALUNA ON AN INDIVIDUAL BASIS, AND MAY NOT BRING
A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE
ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND
CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.
Opt Out of Alternative Dispute Resolution Process.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process
described above by contacting legal@alunacare.com within thirty (30) days of rst accepting these
Terms and stating that You (rst and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE
RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU
MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY
ARISING OUT OF OR RELATED TO THESE TERMS.
If You opt out of the dispute resolution process described in this section, or if any matter is otherwise
determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction
of any state or federal court sitting in the State of California within twenty-ve (25) miles San Francisco
County in any legal proceeding arising out of or relating to these Terms. You agree that any and all
claims and matters arising out of these Terms, unless subject to the dispute resolution process described
above, may be heard and determined in any such court, and You hereby waive any right to object to
such ling on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless
such objection asserts that the claim or matter in dispute is subject to determination through the
dispute resolution process described above.
Aluna Patient User Terms of Use
GENERAL CONTRACT TERMS
Entire Agreement.
These Terms, the Patient User Privacy Policy, and any other terms incorporated by reference, constitute
the entire and exclusive understanding and agreement between Aluna and You regarding the Services,
and these Terms supersede and replace any and all prior oral or written understandings or agreements
between Aluna and You regarding the Services.
Governing Law.
These Terms shall be governed by the laws of the State of California without reference to its conict of
laws provisions.
Assignment.
You may not assign or transfer these Terms, by operation of law or otherwise, without Aluna’s prior
written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be
null and of no effect. Aluna may assign or transfer these Terms, at its sole discretion, without restriction.
Subject to the foregoing, these Terms will bind and inure to the benet of the parties, their successors,
and permitted assigns.
Notices.
Any notices or other communications permitted or required under these Terms, including those
regarding modications to these Terms, will be in writing and given: (i) by Aluna via email (in each case
to the address that You provide); and/or (ii) by posting to the App. For notices made by email, the notice
will be effective as of the date the notice is rst transmitted. You agree that any notice received from
Aluna electronically satises any legal requirement that such notice be in writing. YOU ALONE ARE
RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ALUNA IS ACCURATE
AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN
EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to Aluna by email to: legal@alunacare.com. Notice to Aluna shall be effective
upon receipt of notice by Aluna.
No Inadvertent Waiver.
The failure of Aluna to enforce any right or provision of these Terms will not constitute a waiver of future
enforcement of that right or provision. The waiver of any such right or provision will be effective only if in
writing and signed by a duly authorized representative of Aluna.
Severability.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining
provisions of these Terms remain in full force, provided that the essential terms and conditions remain
valid, binding, and enforceable and the economic and legal substance of the transactions contemplated
by these Terms are materially preserved.
Intellectual Property Rights.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights,
including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade
names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v)
mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to
register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the
Services, any related materials, logos, products, and documentation, and any other property or materials
furnished or made available hereunder, and all modications and enhancements thereof, belong to and
are retained solely by Aluna or its licensors, vendors, and afliates, as applicable. All rights not expressly
granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach
of these Terms and may violate copyright, trademark and other laws.
Aluna Patient User Terms of Use
Remedies.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under
these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any
reason, a court of competent jurisdiction nds any provision of these Terms invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and the other provisions of these
Terms will remain in full force and effect.
Contacting Aluna.
Please feel free to contact Us if You have any questions about these Terms and/or any other documents
referenced in these Terms. You may contact Us at support@alunacare.com, or at Our mailing address:
Knox Medical Diagnostics, Inc. d/b/a Aluna
650 California Street, Suite 700
San Francisco, CA 94108
Data Security Ofcer:
Inderjit Jutla
inderjit@alunacare.com
408-646-8356
