Terms of Use

Last Updated/Reviewed: April 13, 2022

This is a legally binding agreement between you and Pyx Health, Inc., (“we,” “us,” and “our”) regarding your use of the Pyx Health Website and related interactions you have with us as a prospective or active subscriber of our services (collectively, our “Website”). Your use of this Website means that you have read, understand, and agree to these Website Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE WEBSITE TERMS OF USE, THEN YOU MUST NOT USE OR MUST STOP USING THIS WEBSITE IMMEDIATELY.

This Website Terms of Use does not apply to information collected by the Pyx Health application and the application’s Uniform Resource Locator (URL) (collectively, the “Pyx App”), Compassionate Support Center (“CSC”) and related services (collectively, the “Platform”). For more information about the terms and conditions that apply to the use of our Platform, please refer to the Pyx App Terms of Use, which is accessible through the Pyx App. You can also obtain a copy of the Pyx App Terms of Use by contacting us at [email protected].

These Terms of Use cover the following:

About this Website and its Audience

This Website is intended to be used by health care organizations and other businesses in the United States that are interested in learning more about Pyx Health and the services Pyx Health offers to organizations. THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL OR BEHAVIORAL HEALTH CARE SERVICES. PYX HEALTH IS NOT A CLINICAL PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. IF YOU NEED IMMEDIATE ASSISTANCE, CALL 911 OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.

You may use this Website if:

• You or your health care organization or business is located in the United States and is interested in learning more about Pyx Health and the services Pyx Health offers to businesses;
• You have reached the age of legal majority where you live (which is currently 18 years old in most states); and
• You agree to comply with these Website Terms of Use. 

Prohibited Uses of this Website

You are prohibited from doing any of the following in connection with our Website:

• Using this Website for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose;
• Using this Website to advertise, sell, or make a profit;
• Copying or publishing any Website material in any media, or selling, sublicensing, and/or otherwise commercializing any Website material;
• Publicly performing and/or showing any Website material without our express prior written permission;
• Using this Website in any way that is damaging to this Website or that impacts other user access to this Website;
• Misrepresenting your identity, providing false information, impersonating another person or entity, misrepresenting your relationship with a person or entity, or attempting to use another person’s account;
• Attempting to gain unauthorized access to this Website;
• Engaging in any data mining, data harvesting, data extraction, or any other similar activity in relation to this Website or while using this Website; and
• Assisting a third party in engaging in any of these prohibited activities.

Website Privacy Policy and Security

Please read our Website Privacy Policy to learn how information about you is collected, used, and disclosed. By agreeing to these Website Terms of Use and/or by using this Website, you are also agreeing to our Website Privacy Policy. Our Website Privacy Policy (and changes to it) are incorporated by reference into these Website Terms of Use.

Third-Party Content

This Website may contain content, products or services offered by third parties that are not affiliated with Pyx Health (collectively, “Third-Party Content”). We do not endorse any Third-Party Content. Pyx Health takes no responsibility for any Third-Party Content, and you agree that Pyx Health will not be held liable for any damage or loss caused by a third party.

DISCLAIMERS, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER

MEDICAL DISCLAIMER: THIS WEBSITE DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THIS WEBSITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL OR BEHAVIORAL HEALTH DIAGNOSIS OR TREATMENT. You should not rely on anything contained in this Website. Your use or reliance upon this Website is done at your own risk.

DISCLAIMERS OF WARRANTY: PYX HEALTH DOES NOT GUARANTEE THAT INFORMATION ON THIS WEBSITE WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THIS WEBSITE, ANY SERVICES PROVIDED THROUGH THIS WEBSITE, AND ALL THIRD-PARTY CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, PYX HEALTH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE, AND TO THE FULLEST EXTENT PERMITTED BY LAW PYX HEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND PYX HEALTH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

LIMITATIONS OF LIABILITY: YOU UNDERSTAND AND AGREE THAT PYX HEALTH, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, SERVICE PROVIDERS AND CONTRACTORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, PENALTIES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, THE USE OF THIS WEBSITE BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE WEBSITE TERMS OF USE OR OUR WEBSITE PRIVACY POLICY.

IN NO EVENT WILL PYX HEALTH’S LIABILITY ARISING OUT OF OR RELATED TO  USE OF THIS WEBSITE EXCEED $50. THIS MONETARY CAP ON LIABILITY APPLIES REGARDLESS OF WHETHER PYX HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM (INCLUDING WITHOUT LIMITATION CONTRACT OR TORT).

PYX HEALTH DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATIN OR MATERIAL THORUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE WEBSITE TERMS OF USE, OUR WEBSITE PRIVACY POLICY, OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR PYX HEALTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.

CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THESE WEBSITE TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

If applicable law does not allow for any disclaimer, limitation of liability, or waiver (or any portion thereof) as set forth in these Website Terms of Use, the disclaimer, limitation of liability, or waiver will be deemed modified solely to the extent necessary to comply with applicable law.

This Section will survive the termination or expiration of these Website Terms of Use.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PYX HEALTH, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, SERVICE PROVIDERS AND CONTRACTORS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING RESONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE, THE USE OF THIS WEBSITE BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE WEBSITE TERMS OF USE. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THESE WEBSITE TERMS OF USE.

Intellectual Property Rights

Pyx Health is a registered trademark in the United States. Pyx Health and all content and other materials on this Website, including without limitation all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Pyx Health (collectively, “Pyx Health Content”). Other logos and products and company names mentioned on this Website may be the trademarks of their respective owners.

You are granted a limited, nonexclusive, nontransferable, revocable license only to use the Pyx Health Content, subject to the restrictions provided in these Website Terms of Use. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile this Website, attempt to do so, or assist anyone in doing so.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PYX HEALTH, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES, BUSINESS PARTNERS, SERVICE PROVIDERS, CONTRACTORS AND CLIENTS (INCLUDING WITHOUT LIMITATION THE PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER), FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP, THE USE OF THE APP BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE. This Section will survive the termination or expiration of these Terms of Use.

Intellectual property rights

Pyx Health is a registered trademark in the United States. Pyx Health and all content and other materials on the App, including without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Pyx Health (collectively, “Pyx Health Content”). Other logos and product and company names mentioned on the App may be the trademarks of their respective owners.

You are granted a limited, nonexclusive, nontransferable, revocable license only to use the Pyx Health Content, subject to the restrictions provided in these Terms of Use. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the App, attempt to do so, or assist anyone in doing so.

Term and Termination

These Website Terms of Use are effective immediately between you and us upon your use of the Website. The then-current version of these Website Terms of Use will remain in full force and effect while you use this Website. Your request and ability to access and use this Website is not guaranteed. Pyx Health may deny you access to this Website without notice for any reason or no reason. Rights and obligations which by their nature should survive will remain in full force and effect following termination or expiration of these Website Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

Changes to these Website Terms of Use

We may change these Website Terms of Use at any time and for any reason. You can access the most current version of these Website Terms of Use that apply to your use of this Website through this Website. You can also contact us for a copy.

Unless otherwise specified by us, all changes will be effective upon being updated on this Website. You should look at these Website Terms of Use on a regular basis. The “Last Updated” date is posted at the top of these Website Terms of Use. You agree to any changes by using this Website after the changes become effective. If you do not agree to the changes, you must stop using this Website.

We may also notify you of major changes by a push notification to the mobile phone number you provided to us. By agreeing to these Website Terms of Use, you agree to receive such push notifications.

Electronic Communications, Transactions and Signatures

Communications made through the Website, notifications and text messages through your device’s short message service (SMS), as well as emails are all types of electronic communications. By using the Website, you agree that you may be sending and may receive electronic communications. You agree that all agreements, notices, consents, authorizations, disclosures, and other communications done electronically either through this Website, SMS (or other text messaging applications), email, or other electronic means satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures (including check marks / click throughs), contracts, consents, authorizations, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by or through this Website, SMS (or other text messaging applications), or email. You waive any rights or requirements under any applicable law which require an original signature, signature by name or initial, or delivery or retention of non-electronic records.

To learn more about how we may communicate with you electronically, please read the Section on Electronic Communications in our Website Privacy Policy.

Governing Law and Jurisdiction

Arizona law governs the interpretation of these Website Terms of Use and our Website Privacy Policy, and will apply if there are disputes. Disputes will be settled in Pima County, Arizona. Pyx Health will decide if disputes will be settled through an arbitration process. Any such arbitration process will be chosen by Pyx Health.

Miscellaneous Terms

These Website Terms of Use, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Pyx Health and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to this Website. You agree that you have not relied on any promises or representations by us except as set forth in these Website Terms of Use.

If any provision of these Website Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Website Terms of Use unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions.

Pyx Health is permitted to assign, transfer, and subcontract its rights and/or obligations under these Website Terms of Use without any notification or consent required. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Website Terms of Use.

Contact Information

If you have questions, please contact us at: [email protected].