Gut health programs covered by insurance

Ayble Health Terms of Service

Last Updated: November 7, 2024

Welcome, and thank you for your interest in Ayble Health, Inc. (“Ayble Health,” “we,” or “us”) and our website at www.ayblehealth.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). For the avoidance of doubt, “Service” does not include the receipt or provision of coaching or healthcare services to users via the Service (collectively, “Medical Services”). These Terms of Service are a legally binding contract between you and Ayble Health regarding your use of the Service. 

Ayble Health is affiliated with medical professional corporations and their affiliated medical service providers (the professional corporations collectively, the “Ayble Practices”). Ayble Health provides management, administrative, technology services and other certain non-medical services to the Ayble Practices. The Ayble Practices provide Medical Services (as defined below). Ayble Health’s Medical Terms of Service govern the provision by the Ayble Practices of, and your access to and use of, the Medical Services. Please read the Medical Terms of Service carefully before accessing or using the Medical Services.

EMPLOYER-SPONSORED BENEFITS: If you are a user receiving access to the Service through an employer benefit plan or other similar arrangement with your employer or another entity (collectively, your “Employer”), your access to and use of the Service may be subject to additional terms set forth in the agreement(s) between Ayble Health and your Employer (the “Employer Agreement”). If there is any conflict or inconsistency between these Terms of Service and the Employer Agreement, the Employer Agreement will control with respect to the Services received pursuant to the Employer Agreement.

PROVIDERS: If you are using or accessing the Service in your capacity as a Provider (as defined below), your access and use of the Service, including your provision of Medical Services, may be subject to the service provider agreement(s) between Ayble Health and you (the “Provider Agreement”). If there is any conflict or inconsistency between these Terms of Service and your Provider Agreement, (i) the Provider Agreement will control with respect to matters related to the Medical Services and (ii) these Terms of Service will control with respect to all other matters related to your use of and access to the Service.

BY CLICKINGI ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, INCLUDING AYBLE HEALTH’S PRIVACY POLICY (https://www.ayblehealth.com/privacy-policy) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND AYBLE HEALTH’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AYBLE HEALTH AND BY YOU TO BE BOUND BY THESE TERMS. 

YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF AYBLE HEALTH AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE OPERATIONAL, MARKETING, AND OTHER TEXTS AND CALLS TO ALLOW US TO PROVIDE THE SERVICE TO YOU. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AYBLE HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

  1. Ayble Health Service Overview.

    Ayble Health provides a platform designed to give users access to personalized, science-based GI-related and mental health care. Depending on your subscription plan, the Service may provide you with access to health coaches (“Coaches”), licensed care providers (“Licensed Practitioners”), or both. Coaches and Licensed Practitioners are collectively referred to herein as “Providers”.
  2.   Eligibility
  1. (a)     you are the creator and owner of the User Content, or have the necessary licenses, rights,
  2. consents, and permissions to authorize Ayble Health and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Ayble Health, the Service, and these Terms;
  3. (b)     your User Content, and the Submitting or other use of your User Content as
  4. by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Ayble Health to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
  5. (c)     your User Content could not be deemed by a reasonable person to be objectionable,
  6. profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
  1. 8.4    User Content Disclaimer.
  2. 8.5    Monitoring Content.
  3. 9.      Communications
  4. 9.1     Text Messaging & Phone Calls.
  5. 9.2    Push Notifications.
  1. 9.3    Email.
  2. 10.     Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
  3. 10.1   
  4. 10.2  
  5. 10.3  
  6. 10.4  
  7. 10.5  
  8. 10.6  
  9. 10.7  
  10. 10.8  
  11. 10.9  
  12. 11.      Intellectual Property Rights Protection
  13. 11.1    Respect of Third Party Rights.
  14. 11.2   DMCA Notification

  15. 11.3   Procedure for Reporting Claimed Infringement.
  1. (a)   an electronic or physical signature of the person authorized to act on behalf of the        owner of the copyright or other right being infringed;
  2. (b)   a description of the copyrighted work or other intellectual property right that you        claim has been infringed;
  3. (c)   a description of the material that you claim is infringing and where it is located on        the Service;
  4. (d)   your address, telephone number, and email address;
  5. (e)   a statement by you that you have a good faith belief that the use of the materials on        the Service of which you are complaining is not authorized by the copyright or other        intellectual property right owner, its agent, or the law; and
  6. (f)   a statement by you that the above information in your notice is accurate and that,        under penalty of perjury, you are the copyright or other intellectual property right        owner or authorized to act on the copyright or intellectual property owner’s behalf
  1. 11.4   Repeat Infringers.
  2. 11.5    Counter Notification.
  3. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
  1. 11.6   Reposting of Content Subject to a Counter Notification.
  2. 11.7    False Notifications of Claimed Infringement or Counter Notifications.
  1. 12.     Modification of Terms.
  2. 13.     Term, Termination, and Modification of the Service
  3. 13.1    Term.
  4. 13.2  Termination.
  5. 13.3  Effect of Termination.
  6. 13.4  Modification of the Service.
  7. 14.     Indemnity.
  8. 15.     Disclaimers; No Warranties by Ayble Health
  9. 15.1
  1. 15.2
  2. 15.3
  3. 15.4
  4. 15.5
  5. 16.     Limitation of Liability
  6. 16.1
  7. 16.2
  8. 16.3
  9. 17.     Dispute Resolution and Arbitration
  10. 17.1    Generally.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AYBLE HEALTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. 17.2  Exceptions.
  2. 17.3  Opt-Out.
  3. 17.4   Arbitrator.
  4. 17.5   Commencing Arbitration.
  5. 17.6   Arbitration Proceedings.
  6. 17.7   Arbitration Relief.
  7. 17.8   No Class Actions.
  8. 17.9   Modifications to this Arbitration Provision.
  9. 17.10 Enforceability.
  10. 18.    Miscellaneous
  1. 18.1   General Terms.
  2. 18.2  Governing Law.
  3. 18.3  Privacy Policy.
  4. 18.4  Additional Terms.
  5. 18.5  Consent to Electronic Communications.
  6. 18.6  Contact Information.
  7. 18.7   Notice to California Residents.
  8. 18.8   No Support.
  9. 18.9   International Use.
  10. 19.     Notice Regarding Apple.