IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL EMERGENCY SERVICES IMMEDIATELY
Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and the use of the Platform owned and operated by Krivox Inc. (“Krivox,” “we,” “us,” and “our”). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:
Apex Opinion, our mobile application (our “Application”); and
The Krivox websites located at: Krivox.io, apexopinion.ai and apexopinion.us (our “Website.)
The non-medical business support services, our Application, and Website are collectively referred to as our “Platform.”
It is important to know that Krivox is not a medical group or a health care provider; instead, we are a technology company that provides the Platform, which allows you to connect with a health care provider and receive the virtual second opinion services (the “Services”). Krivox provides its users with the ability to obtain a second opinion consultation through the Platform by connecting you with appropriately licensed health care providers (each, a “Provider”) that are contracted with Krivox and able to provide you the Services through our Platform. The virtual second opinions rendered by the Providers are for informational purposes only and do not establish a provider-patient relationship as defined by applicable law.
By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Notice. If you do not agree to be bound by these Terms of Use and our Privacy Notice, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THE PLATFORM.
We reserve the right to amend the Terms of Use herein, in whole or in part, from time to time and provide notice to you upon such amendment. Your continued use of the Platform, post any update to the Terms of Use would mean acceptance on your part to the amendments made herein. If you do not agree to such amendments, you must contact us at legal@krivox.io. The amended Terms of Use shall be made available on the Platform promptly, and hence, you are required to review the Terms of Use periodically to keep yourself aware and up to date.
Binding Arbitration. These Terms of Use provide that all disputes between you and Krivox that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Krivox.
Krivox is not a healthcare provider or a medical practice and does not provide medical advice, care, and/or treatment. Krivox provides administrative and management services and contracts with independent United States licensed physicians to enable you to obtain second opinion services.
There is no single provider of medical care called “Krivox.” Krivox engages a network of United States based clinicians who provide the Services. The Providers deliver second opinion services via the Platform to patients. Krivox does not provide medical advice or care, own or operate medical practices, or supervise the clinicians providing the second opinion services, and control over the second opinion services provided is the sole responsibility of the independent Providers. There is no doctor-patient relationship created between you and Krivox, nor between you and the Provider(s) providing the second opinion. All services are entirely educational and advisory in nature. All services are delivered in a peer-to-peer consult, and you are required to have a local, treating physician. The second opinion report will be addressed to your treating physician. You will receive a copy of the report through the Platform. Upon your request, the report will be sent via email to your treating physician, so that an informed decision can be made in managing your medical needs. Your treating physician will remain responsible for your medical needs, including explaining to you the Provider’s second opinion, and any decisions about whether and how to incorporate observations from the second opinion report into your care plan. The Provider(s) does not assume any responsibility for your continued medical care or treatment. The Platform does not assume responsibility for clinical outcomes or decisions taken by the patient or their treating physician. Patients should contact the Providers directly for all questions concerning their second opinion services.
The Services provided are not intended to be a substitute for care and treatment provided by your local primary care provider. We require that all patients maintain a relationship with a local primary care provider for their ongoing medical care and treatment.
Depending on the consultation tier you select, your interaction with the Provider(s) may be limited to an asynchronous written review of your medical records, in which case you will not have direct contact with the Provider rendering the second opinion, or may include a synchronous video consultation in addition to the written report. In either case, the Provider(s) is not your treating physician and does not assume responsibility for your ongoing care.
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call emergency services immediately.
You should seek emergency help or follow up care when recommended by your local treating physician or when otherwise needed. You should continue to consult with your local treating physician as recommended. Always seek the advice of your local treating physician or other qualified health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
By using the Services, you acknowledge the potential risks associated with the Services. These include but are not limited to the following: information transmitted may not be sufficient or incomplete (e.g. poor resolution of images or missing documents and information) to allow for appropriate advice to be made by the Provider; delays in evaluation could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.
You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Notice, which is hereby incorporated and made part of these Terms of Use.
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Krivox, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
These Terms of Use permit you to use the Platform 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 Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not: (x) modify copies of any materials from the Platform or received through the Services; (y) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (z) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Krivox without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business or otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Krivox.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Krivox. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Krivox operates subject to state, federal, and international regulations, as applicable, and the Platform may not be available in your location. You represent that you are not a person barred from accessing the Platform, or enrolling in or receiving the Services under the laws of the applicable jurisdiction in which you may be located. Access to and use of the Platform is limited exclusively to users located in jurisdictions where the Platform is available. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited. We will use reasonable efforts to make the Platform available at all times. However, you acknowledge that the Platform may not be available due to reasons outside our control such as, without limitation, while under maintenance, limited internet or connectivity, etc.
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Except for applicable accessibility purposes, you may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our accessibility options are not sufficient, and your particular circumstances require using automated action on the Platform, please contact us through email at hello@krivox.io or through phone at (727) 999-9643 for an accommodation.
Violations of system or network security may result in civil or criminal liability. Krivox will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Krivox at any time with or without cause. You agree to defend, indemnify, and hold Krivox harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Krivox and arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or to our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, defamatory, libelous, obscene, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus, trojan horses, worms, time bombs, cancelbots, easter eggs or any other harmful component, any unsolicited or unauthorized advertising, promotional material, junk mail, spam or (d) creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else or (e) interferes with or disrupts the Platform and the Services or servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to this Platform, (f) interferes with another User’s use of the Platform, or refers to any website or URL that, in our discretion, contains material that is inappropriate for the Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Krivox that you have the legal right and authorization to provide all User Information to Krivox for use as set forth herein and required by Krivox.
Krivox may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Krivox may use, aggregate, or otherwise disclose such de-identified information to third parties for analytics, research, or any other purpose permitted by applicable law.
In order to access the Platform and Services, you represent and warrant that you are at least 18 years old and are competent to enter into a contract under applicable law. If you are under the age of 18, do not use the Platform. If we learn that you are under the age of 18, we will terminate your access to the Platform. If you are under the age of 18, do not provide any information on or to the Platform or through any of its features.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account. Your account may also be restricted or terminated for any reason, at our sole discretion.
Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Krivox shall have no responsibility or liability for information or content posted to the Platform from any unaffiliated third party.
. You will be entitled to a full refund of all amounts paid for the applicable Services in the following circumstances:
(i) Cancellation prior to Provider assignment. If you cancel your request before a Provider has been assigned to your case.
(ii) Provider unavailability. If Krivox is unable to identify or assign a suitable Provider to deliver the requested second opinion.
(iii) Technical Failure. If a material technical failure of the Platform prevents the delivery of the second opinion and the issue cannot be reasonably resolved or the second opinion cannot otherwise be delivered.
Any refund approved under this clause will be issued in the same currency and in the same amount originally charged, to the original payment method used for the transaction. Refunds will be issued in full, without deduction of payment processing fees, administrative charges or other fees, and will include any taxes collected in connection with the refunded transaction.
Krivox will initiate approved refunds within seven (7) business days after determining that a refund is due. The time required for the refunded amount to be credited to your account may vary and typically depends on your bank, card issuer, or payment provider.
No refunds will be provided solely because you disagree with, are dissatisfied with, or do not achieve a desired outcome from the second opinion provided by a Provider.
To file a notice of infringement with us, please provide the following information to the Krivox designated copyright agent listed below:
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of the material that you claim is infringing the copyrighted work listed in part (1).
An address, telephone number, and an email address where the alleged infringing party can contact you.
The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your electronic or physical signature.
Krivox has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:
ATTN: Copyright Agent
DMCA Agent, Krivox Inc.
1245 Court Street, Clearwater FL 33756
727-999-9643
dmca@krivox.io
You can pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via the Platform through third party payment processors. Before making a purchase, you will see an itemized invoice listing the actual professional charges for the Services.
We accept payment cards issued by banks accepted by our payment processor. If a payment card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment card you designate during the setup process. If you want to designate a different payment card or if there is a change in your payment card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any payment card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your payment card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make the transaction with the relevant payment card and payment card information.
If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Krivox or any third-party payment processor with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
We reserve the right, at our sole discretion, to refuse or cancel any purchase for any reason. For your convenience, you will not be charged until your payment method is authorized, and the purchase information is verified for accuracy.
Some situations that may result in your purchase being canceled include inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any payment. We will contact you if your purchase is canceled or if additional information is required to accept your payment. If your purchase is canceled after your payment card (or other payment account) has been charged, we will issue a credit to your payment card (or other applicable payment account) in the amount of the charge.
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Krivox website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Krivox website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.
Certain features of the Platform leverage artificial intelligence (“AI”), including large language model (“LLM”) technology, to process information you provide in connection with the Services. When you record the voice narrative regarding your symptoms, an AI system transcribes your responses into a summary, which is then provided to the reviewing Provider(s) as a part of your case file. The LLM assisted triage system then processes your voice input in order to generate tailored follow-up questions and a clinical summary. If you separately opt in to our voluntary voice data research program, your de-identified voice recordings may also be analyzed for speech characteristics and symptom patterns that may correlate with clinical conditions. This analysis is not intended to identify, profile, evaluate, or make decisions about any individual user, and findings are generated and reported only at an aggregated level. While voice data collected through the Platform may constitute biometric information under applicable law, Krivox does not use such data for biometric identification or authentication purposes. Krivox does not build individual voice biometric profiles for identity verification, and does not use biometric identification technology in this process. No AI system, automated tool, or algorithm makes any final clinical determination with respect to the Services. All clinical assessments are reviewed and, if necessary, revised by a licensed Provider exercising independent medical judgment.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Krivox at the mobile number you have provided, including calls and text messages, to receive informational, Services related (e.g., reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, certain features of the Platform that rely on SMS communications may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
Krivox or your Provider(s) may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance and training purposes, to better deliver to you the services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Notice.
Krivox and your Provider(s) are committed to being compliant with the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the TCPA, please Contact Us.
YOU ARE AGREEING TO EXECUTE DOCUMENTS AND CONTRACTS USING ELECTRONIC SIGNATURES AND TO FOREGO UTILIZING PEN-AND-INK SIGNATURES ON PAPER. ADDITIONALLY, UNDER THESE TERMS, YOU ARE AGREEING TO RECEIVE COMMUNICATIONS AND DOCUMENTATION ELECTRONICALLY AND NOT ON PAPER.
When you use the Platform, or send e-mails, messages, and other communications from your device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
We will not furnish paper copies unless you request them, except where we determine, in our sole discretion, we are required to deliver in paper form under applicable law or where we determine that you should receive communications in paper rather than electronic form. Such paper copies will be provided to you via mail to your primary physical mailing address appearing in our records or otherwise delivered as required by law.
Krivox and your Provider(s) may contact you by telephone, mail, text (SMS), or e-mail to verify your information. Krivox and your Provider(s) may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within three (3) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
The Platform may enable access to Krivox’s and/or third-party services and websites, including social media websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We make no warranties or representations about the contents, the services provided or the information offered in such External Services. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by Krivox or its agents.
You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of Krivox or any third-party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your home country and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a health care provider using the Platform (for purposes of this Section, “Provider” or “you”), you must be a licensed physician or health care professional contracted by Krivox, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Krivox will not function as a business associate to physician or a physician’s current practice. Your relationship with Krivox’s users is directly between you and the patient. The patient will never have a physician-patient relationship with Krivox. Krivox does not practice medicine and offers no medical services.
Provider acknowledges and agrees that Services provided through the Platform are limited to a records-based advisory second opinion service. In connection with such Services, Provider shall not diagnose medical conditions, prescribe medications, recommend or direct treatment, provide clinical management, establish continuity of care, undertake follow-up management of patients, or otherwise engage in the practice of medicine through the Platform. Any communications with patients or their treating physicians shall be limited to clarifying information contained in the medical records submitted for review and explaining the observations set out in the second opinion report, and shall not constitute a clinical consultation or treatment encounter. Provider shall not conduct ongoing consultations with patients or their treating physicians or otherwise participate in the coordination or delivery of patient care. Provider shall provide independent professional observations and opinions based solely on the records made available through the Platform and shall not represent that any report, observation or opinion constitutes a diagnosis, prescription, treatment plan, clinical direction, or assumption of responsibility for the patient’s ongoing care. RESPONSIBILITY FOR DIAGNOSIS, TREATMENT AND CONTINUING MEDICAL MANAGEMENT REMAINS SOLELY WITH THE PATIENT’S TREATING PHYSICIAN AND HEALTHCARE PROVIDER.
As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Krivox are each responsible for all billings and collections from patients and other consumers, and Krivox shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
We do not provide any medical advice or representations in any way regarding any medical issues associated with Provider including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and Krivox agree that Krivox is not providing to customers, patients, or anyone else, medical advice, or legal advice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Platform only in accordance with terms contained herein. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider will advise patients, when reasonably necessary, that Services provided through the Platform may not be a complete or adequate substitute for in-person assessments by the Provider. Provider shall be solely responsible for its use of the Platform. In this regard, Provider releases Krivox and waives any and all potential claims against Krivox as a result of Provider’s use of the Platform and the provision of Services.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold Krivox harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Krivox, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain Krivox’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Krivox or defect in the Platform. Krivox will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, defamatory, libelous, obscene, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus, trojan horses, worms, time bombs, cancelbots, easter eggs or any other harmful component, any unsolicited or unauthorized advertising, promotional material, junk mail, spam, (d) creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else or (e) interferes with or disrupts the Platform and the Services or servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to this Platform, or (f) interferes with use of the Platform, or refers to any website or URL that, in our discretion, contains material that is inappropriate for the Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to Krivox that you have the legal right and authorization to upload all Provider Content to the Platform. Krivox shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however Krivox desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Krivox is and shall be under no obligation: (x) to maintain any Provider Content in confidence; (y) to pay to you any compensation for any Provider Content; or (z) to respond to any Provider Content.
Krivox does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant Krivox the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. Krivox and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
We reserve the right to suspend or terminate your access and use of the Platform, if we believe, in our sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or in any way otherwise acted unethically. If we terminate access to the Platform, we may, at our sole discretion, delete any and all of your content or other related data, information and materials and we will have no liability to you or any third party for doing so.
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you, Krivox, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Krivox, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Krivox, and its affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.
We will try to work in good faith to resolve any issue you have with the Platform, including Services purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction.
These Terms of Use shall be governed by and construed in accordance with the laws of Delaware, USA without giving effect to its conflict of laws principles. You and Krivox agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Services purchased through the Platform, shall be determined by binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with its applicable rules. The seat and venue of arbitration shall be New Castle, Delaware, USA. The arbitration shall be conducted in the English language by a sole arbitrator. Courts in Delaware, USA to have exclusive jurisdiction.
This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Krivox.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND KRIVOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, both Krivox and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify, and hold Krivox and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (a) your use or misuse of the Platform, Services, or any information posted on the Platform; (b) your breach of the Terms of Use or Privacy Notice; (c) the content or subject matter of any information you provide to Krivox or your Provider(s); or (d) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
KRIVOX DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. KRIVOX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. KRIVOX DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
.
KRIVOX AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF KRIVOX TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for any breach of these Terms of Use or our Privacy Notice for any failure or delay in fulfilling or performing any term of these Terms of Use, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms of Use; (f) national or regional emergency; and (g) other events beyond the reasonable control of Krivox.
We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Krivox shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
Copyright ©2026 Krivox, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Krivox reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Krivox and you pertaining to the subject matter hereof. In its sole discretion, Krivox may from time-to-time revise these Terms of Use by updating this posting. It is our policy to notify you of material changes by email to the email address specified in your account. Krivox will not notify users with respect to minor revisions to these Terms of Use. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.
If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below:
Krivox, Inc.
1245 Court St., Clearwater, FL 33756
(727) 999-9643
hello@krivox.io