Kitchry Terms of Use


Last revision: July 19, 2017

Use of the Site.

Kitchry, LLC. (“Kitchry”, “we”, “us”, or “our”) operates the website located at www.kitchry.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Site”). We offer online telehealth services (the “Services”) enabling our members (“Members”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to health services (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.


Healthcare Services.

The Healthcare Professionals who deliver Services through Kitchry are independent professionals practicing within a group of independently owned professional practices collectively known as “Kitchry Platform Dietitians”. Kitchry, LLC. does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Kitchry nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services.


Site Content.

None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.


Privacy.

Kitchry is required to comply with federal healthcare privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Kitchry. Kitchry cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Kitchry.


User Accounts.

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Kitchry (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Kitchry reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Kitchry be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's account at any time.


Use of the Services by Children.

The Services are available for use by children, but the Member for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.


Access Rights.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site and to refrain from contacting Healthcare Professionals for telehealth services outside of the Site. Kitchry is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.


Subscription Fees and Charges.

User agrees to pay the fees for the Services in accordance with the applicable fee schedules, and User authorizes Kitchry to charge the User's designated card on file (with exceptions for organization subscriptions), as specified by user through the Platform, for all fees as they become payable. Unless otherwise stated in organization Service Agreements, fees for the Services are typically based on the month-cycle from which Member commences account activation. Member is required to pay fees in full for time period health professional has assigned member subscription plan. When a user upgrades their account mid-payment cycle, "already-paid fees" will be applied on a pro-rated basis towards new subscription. When a user downgrades their subscription mid-cycle, changes will go into effect at the next payment period. All fees are non-refundable and non-transferrable, including annual contracts. In the case of canceling a subscription plan, subscription will end date of cancellation. Kitchry may charge additional fees for exceptions processing, setup, and other special services (including optional add-on services), and these will be explicitly communicated during the set up process.


Website Links.

we will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.


Ownership.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Kitchry, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.


Trademarks.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Kitchry or other entities. You are not authorized to use any such Marks without the express written permission of Kitchry. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.


Termination.

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@kitchry.com. Kitchry may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Kitchry reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Kitchry will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.


Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.


disclaimer of warranties.

you expressly agree that use of the site or services is at your sole risk. both the site and services are provided on an "as is" and "as available" basis. kitchry expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.


limitation of liability.

You understand that to the extent permitted under applicable law, in no event will kitchry or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.


Indemnification.

You agree to indemnify, defend and hold harmless Kitchry, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use.


Geographical Restrictions.

Kitchry makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.


Disclosures.

All Health Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Any clinical records created as a result of your use of the Services will be securely maintained by Kitchry on behalf of Kitchry Professionals for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.


Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of Illinois, without giving effect to the principles of conflict of laws. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling Kitchry Member Support.

No waiver by Kitchry of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitchry to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Kitchry devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Kitchry has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA.

Kitchry Privacy Policy


Effective as of July 19, 2018

Kitchry, LLC. (“Kitchry” or “we”) understand the importance of privacy to our users (“you” or the “Health Professional”). This Privacy Policy applies to all of the products, services, and web sites offered by Kitchry (collectively, the “Services”). Where additional detailed information is needed to explain our privacy practices, we post supplementary privacy notices to describe how particular services process personal information. This Privacy Policy will tell you what information Kitchry collects about you and about your use of Kitchry and its Services. We urge you to read this Privacy Policy carefully.

By using the Services, you are accepting the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you should not use our Services. Your continued use of our Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

Information We Collect


Personal Information

Kitchry collects personal and non-personal information about you when you use the Services. We use your information for the following general purposes: providing products and services, billing, identification and authentication, improving the Services, contacting users, and conducting research. When you open an Account (as such term is defined in our Terms of Use) through our Services, we ask for Personally Identifiable Information (as defined below) such as your name, email address, and phone number. To access certain products and services from Kitchry, we also ask you to provide contact and billing information, Personally Identifiable Information or Protected Health Information (as such terms are defined in the Health Insurance Portability and Accountability Act of 1996, as amended).

Kitchry only shares your Personally Identifiable Information or Protected Health Information when required to complete your transaction or to facilitate a consensual interaction between you and a provider through the Services. We do not otherwise share Personally Identifiable Information or Protected Health Information with any third parties. We may aggregate certain information to develop statistics related to the use of the Services and, in doing so, we might combine information that we have about you with information we obtain from business partners or other companies. When we publish statistics based on aggregated information, those statistics will not contain any Personally Identifiable Information about you. Depending on the Services you use, we may also collect certain personal information, including personal foods, activities and body measurements. Recognizing the highly personal nature of this information, we take special precautions to protect such information.


Credit Card Information

We use Stripe to process credit card transactions. You may choose to pay for the Services using Stripe. If you use Stripe to make a payment, we do not receive or store any credit card information.


Legal Bases for Processing Your Personal Information

The purpose of the Services is to enable use of the Kitchry platform for our subscribers. We rely on the following legal grounds to process your Personal Information:

  • 1. Performance of a contract – We need to collect and use your Personal Information to perform our agreement with you to deliver the Services as described in this Privacy Policy
  • 2. Consent – We may use or disclose some of your Personal Information as described in this Privacy Policy subject to your consent.
  • 3. Legitimate interests – We may use your Personal Information for our legitimate interests to improve our products and services and the content on our Services. Consistent with our legitimate interests and any choices that we offer or consents that may be required under applicable laws, we may use technical information as described in this Privacy Policy.

How We Collect Your Information

Cookies

We collect non-personal information about your use of our Services. Every computer or device that accesses the Services is assigned a different Cookie by Kitchry. Cookies are required for the use of certain Services. The information collected by Cookies (i) records current session information, (ii) allows us to statistically monitor how many people are using our Services, (iii) how many people open our emails, and (iv) for what purposes these actions are being taken. We may use Cookie information to determine the popularity of certain content or advertisements. Cookies are also used to facilitate a user’s log-in and as navigation aides. Cookies used by Kitchry are also used to restrict underage use of the tools and services.

Most browser and device software can be set to reject all Cookies. Additionally, most browsers and devices offer instructions on how to reset the browser to reject Cookies. In browsers, this can be found in the “Help” section of the toolbar and, in devices, this can be found in your device’s “Settings.” If you reject our Cookies, certain functions and conveniences of the Services may not work properly, but you do not have to accept our Cookies in order to productively use the Services. We do not link non-personal information from Cookies to Personally Identifiable Information without your permission and do not use Cookies to collect or store Personally Identifiable Information about you.


Access Logs

Kitchry may automatically collect certain information and store it in log files when you use the Services, including internet protocol (IP) addresses, referring/exit pages, operating system, browser type, date/time stamp and clickstream data. We use this non-personal information to analyze trends, to administer the Services, and to gather demographic information about our user base. We may also record your IP address with your Personally Identifiable Information to help protect ourselves and our members from abusive users of the Services.


Links to Other Sites

The Services may contain links to other third party web sites and applications. We do not provide any Personally Identifiable Information to these third party web sites and application. Once you enter another web site or application (whether through an advertisement, service, or content link), be aware that Kitchry is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy policy of each and every web site or application that you visit through a link or advertisement on the Services. This Privacy Policy applies only to information collected by Kitchry through the Services.


How We Protect Your Information

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or otherwise share for marketing purposes your personal information with third parties without your authorization. We do share personal information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your personal information only at our direction and in accordance with our Privacy Policy.

We will not disclose your personal information to anyone other than our employees and those third-parties with whom we have a business relationship. In general, the personal information you provide to us is used to help us communicate with you. For example, we use personal information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers. In general, we use non-personal information to help us improve the Service and customize the user experience. We also aggregate non-personal information in order to track trends and analyze use patterns on the Site.

This Privacy Policy does not limit in any way our use or disclosure of non-personal information and we reserve the right to use and disclose such non- personal information to our partners, advertisers, and other third parties at our discretion. Kitchry will obtain your consent in order to share your Personally Identifiable Information or Protected Health Information to complete a transaction or to facilitate a consensual interaction between you and a provider through the Services, and does not share more Personal Information than is required. We do not otherwise share Personally Identifiable Information or Protected Health Information with any third parties.


Disclosure of Information

Except as described in this Privacy Policy or as specifically agreed to by you, Kitchry will not disclose any Personally Identifiable Information it gathers from you through the Services. We may only release Personally Identifiable Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order or, as deemed necessary in Kitchry’s discretion, to protect the legal or property rights of Kitchry’s, a user or third party, or to prevent personal injury. In the event that we are legally compelled to disclose your Personally Identifiable Information to a third party, we will attempt to notify you unless doing so might, in our reasonable estimation, violate a law, rule, regulation, or court order.


Security, Encryption, and Confidentiality

Kitchry uses industry-standard encryption technology to protect your privacy. We limit access to personal information about you to employees who we believe reasonably need to come into contact with such information to provide products or services to you in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. It is important for you to protect against unauthorized access to your password and to your computer or device. It is your responsibility to sign off when you finish using a shared computer or device.


Data Storage

Kitchry may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate the Services. The Kitchry database is stored on secured servers owned and operated by Kitchry. We may store encrypted database backups off site with a third party storage provider to ensure data security in the case of an emergency or catastrophe.


Changes to This Privacy Policy

Kitchry may update this Privacy Policy. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our application and any related web site. Kitchry may make non-significant changes to the Privacy Policy. In these instances, Kitchry may not notify you of such non-significant changes. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and other appropriate places throughout the Services so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time.


Changes to This Privacy Policy

KWe offer the service in several geographic regions. We define a geographical region as the location where a user is located.

Processing Within the United States

For users within the United States, we process data solely in data centers located in the United States. We have adopted reasonable physical, technical, and organizational safeguards against accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure, access, use, or processing of user data in our possession. We comply with state and federal laws governing the protection of personal information.


Retention and Deletion

We will only retain your Personal Information for as long as necessary to fulfill the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements.

In some circumstances, we may anonymize your Personal Information so that it can no longer be associated with you, in which case it is no longer treated as Personal Information.

It is our policy to retain Personal Information for [10] years once such Personal Information is no longer necessary to deliver the Services and to delete such Personal Information thereafter. This means that, if you close your account with us, we will delete Personal Information associated with your account after [10] years. Regarding other types of information we collect as described in this policy it is our policy to retain such information for [10] years and to delete such Personal Information thereafter.


Assignment

If Kitchry is acquired by or merges with another entity, our assets, including all proprietary intellectual property and information embedded in the Services, and any personal information stored in our databases, will likely be transferred to the new entity. By using the Services you acknowledge and agree that Kitchry may assign its assets and any information stored therein in the event of such a transaction.


General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the State of Delaware without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

you acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions.