Introduction. The Provider or You (“You" or "Licensee”) and MyBodySite, LLC (“MyBodySite”) hereby agree to the following terms and conditions governing Your use of the BodySite.com Digital Health Guidance Platform (“Platform”). The Platform is a cloud-based digital health guidance platform hosted and maintained by MyBodySite.
Website. MyBodySite shall provide Licensee with a private labeled instance of the Platform for Licensee to use to assign lifestyle, wellness and other care or treatment programs to Licensee’s patients and customers on the Platform. Licensee shall have unlimited access to all templates on the Platform. MyBodySite.com agrees to maintain the Platform, provide plan templates to Licensee, deliver plans to customers of Licensee daily when customers are enrolled in a Licensee’s plan and handle customer service for each customer’s account on the Platform.
Fees. Licensee agrees to pay MyBodySite LLC for the use of the Platform at the pricing you agreed to on the enrollment form.
Term. If you selected the monthly, your agreement shall be renewed monthly starting 30 days from the date of the enrollment unless you cancel in writing prior to that date by sending an email to email@example.com and the credit card below will be charged monthly without refund until Licensee provides written notice of cancellation to MyBodySite at firstname.lastname@example.org. If you selected the annual option, this agreement shall be renewed yearly unless and until Licensee cancels in writing prior to that date by sending an email to email@example.com and the credit card below will be charged annually without refund until Licensee provides written notice of cancellation to MyBodySite to firstname.lastname@example.org.
Relationship. Licensee shall be deemed an independent contractor. No employment, partnership or joint venture relationship is intended as those terms would be defined under the Common Law or applicable Statutes.
Proprietary Rights. All information and user data on MyBodySite.com belong to MyBodySite, subject to any contrary provisions of HIPAA and subject to provider’s access to a copy of such data upon request. All content created by the provider on the Platform shall remain or become the intellectual property of the Licensee. Licensee and MyBodySite.com grant each other a non-exclusive, revocable license to use each other’s brands, logos and marks in order to facilitate the goals of this agreement. Licensee shall not use any of the intellectual property of MyBodySite outside of the Platform without express written consent.
Ownership. This agreement does not provide Licensee with any ownership of the MyBodySite.com website, content or source code of the website at MyBodySite.com or ownership of any of the intellectual property of MyBodySite.com
Liability. Licensee acknowledges MyBodySite is providing a software solution only. It is the sole responsibility of Licensee to review for accuracy any and all content that Licensee chooses to share with patients through the Platform and the responsibility of the Licensee to determine if any content, guidance or care information is appropriate for patients, including but not limited to any information that Licensee chooses to use from the templates library. Licensee shall hold harmless and defend MyBodySite from and against any liability for any claim of any of Licensee’s patients or customers for any damages claimed to result from improper care, treatment or advice.