Terms & Conditions

A. GENERAL TERMS

1. Introduction  (a) This website (the “Site”) is owned and operated by Kloud Health, Inc. ("Kloud Health"). Kloud Health provides administrative services which operate the medical practice offering aesthetic services, IV infusions, injections, and other related services at its location (the “Kloud Health Location”). Your use of and access to the Site, related internet-based services, features, content, and functionality, including the appointment booking service to schedule a visit with the Practice at the Kloud Health Location (the “Booking Service” and, together with the Site, the “Service” or “Services”), is subject to the following terms and conditions of use (the “Terms and Conditions” or “Agreement”) and all applicable laws and regulations.There are significant limitations on Kloud Health’s responsibilities and liabilities regarding the Service, and important requirements regarding your access to the Service. For these reasons, Users are strongly urged and required to read the Terms and Conditions. By accessing, viewing, or otherwise using the Service, you, on behalf of yourself and all of your authorized representatives (collectively, the “User,” “you,” or “your”), agree to the Terms and Conditions. User and Kloud Health are individually hereinafter referred to as a “Party” and collectively as the “Parties.”

You affirm that you are eighteen (18) years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement. You hereby accept the terms and conditions without limitation or qualification. If you do not agree to this agreement, please do not use the service and exit now.

(b) Kloud Health may, without advance notice: (i) supplement or make changes to the Terms and Conditions and other rules or access and use procedures, documentation, security procedures, and standards for equipment; (ii) change the type and location of Kloud Health’s system equipment, facilities, or software; or (iii) modify or withdraw any particular service or product referred to in the Service or any Kloud Health database, material, service, or system. Kloud Health shall update the Agreement with said changes, and the “Last Updated” date will be displayed at the top of the revised policy. User acknowledges its responsibility to review the Terms and Conditions from time to time and to be aware of any such changes.

(c) Kloud Health employs reasonable measures to be as accurate as possible when describing professional services provided by the Practice's licensed professionals that contract with Kloud Health and/or third-party products on the Site; however, to the extent permitted by applicable law, Kloud Health does not warrant that product descriptions or other content available on the Site are accurate, complete, reliable, current, or error-free.  

2. Services

(a) Kloud Health’s Service is designed to enable you to request and book certain professional services to be provided by a licensed medical or aesthetic professional of the Practice, as appropriate. KLOUD HEALTH DOES NOT PROVIDE MEDICAL ADVICE OR MEDICAL DIAGNOSIS. Kloud Health is an administrative services provider only, and all licensed medical or aesthetic professionals at the Kloud Health Locations are employed by or contracted with the Practice. Use of the Service does not create a doctor-patient relationship. Users are solely responsible for their decision to obtain treatment from a medical professional. We encourage you to consult with your own health care provider before using Kloud Health’s Booking Service to book any services with one of the Practice’s licensed medical or aesthetic professionals. IF YOU ARE EXPERIENCING AN EMERGENCY, YOU MUST DIAL 911 OR CONTACT A MEDICAL PROVIDER DIRECTLY.  

(b) Subject to the Terms and Conditions, Kloud Health shall provide the Service to User, and User may access and use the Service solely for its intended purposes. However, Kloud Health shall have no obligation to support User’s use of the Service in the event that: (i) User modifies the Service (or any component thereof) without Kloud Health’s prior written consent; (ii) any error is caused in whole or in part by persons other than Kloud Health, including without limitation, User’s failure to properly enter or transmit data; or (iii) any error is caused in whole or in part by User’s use of the Service in association with operating environments and platforms other than those specified and supported by Kloud Health.  

(c) To the extent that the Service incorporates any third-party software licensed by Kloud Health, then, in addition to the terms set forth herein, User must comply with any additional terms, restrictions, or limitations applicable to such third-party software, to the extent that Kloud Health has notified User of such terms, restrictions, or limitations. Additionally, User acknowledges that Kloud Health shall have the right to subcontract performance of its hosting services, in which event the service levels provided by any third-party hosting provider (including, without limitation, any service levels that are stricter than the service levels offered by Kloud Health) will be incorporated herein by reference. 

3. Proprietary Rights  

(a) User acknowledges Kloud Health’s proprietary rights in the Service, Technology (as defined below), and Content (as defined below) and shall protect the proprietary nature thereof. Kloud Health retains all right, title, and interest in and to the Service, Technology, and Content, subject only to the licenses expressly granted under this Agreement and separately to third parties. “Content” includes all information and documentation made available through the Service, including but not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, interactive features, and any other materials that you may view and access through the Service. Occasionally, there may be Content that contains typographical errors, inaccuracies, or omissions. Kloud Health reserves the right to correct any errors, inaccuracies, or omissions in Content; however, Kloud Health undertakes no obligation to update, amend, or clarify Content, except as required by law. No specified update or freshness date applied to the Service should be taken to indicate that all Content has been modified or updated.  

(b) You acknowledge and agree that any questions, comments, ideas, feedback, or other information provided by you to Kloud Health (“Feedback”) are not confidential and that Kloud Health may reproduce, display, perform, distribute, publish, modify, edit, or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. If User suggests any new features, functionality, or performance for the Service that Kloud Health subsequently incorporates into the Service (or any other software or service), User further acknowledges that (i) Kloud Health shall own, and has all rights to use, such suggestions, and the Service (or any other service) incorporating such new features, functionality, or performance shall be the sole and exclusive property of Kloud Health; and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon Kloud Health.  

(c) Users have the ability to access and use the object code of certain technology and intellectual property owned by Kloud Health or its third-party licensors (the “Technology”). Subject to Users’ compliance with the Terms and Conditions, Kloud Health hereby grants Users a limited, non-exclusive, non-transferable, non-sublicensable right and license in the United States to access and use the Technology solely for its intended purpose as contemplated in this Agreement. Users acknowledge and agree that, as between each User and Kloud Health, each User is solely responsible and liable for its acts and omissions. Users shall not: (i) except as expressly permitted herein, license, sublicense, sell, resell, rent, lease, transfer, distribute, disclose, assign, pledge, time-share, or otherwise make the Technology available to any third party; (ii) use the Technology in violation of applicable laws; or (iii) interfere with or disrupt the integrity or performance of the Technology or the data contained therein.

(d) All trademarks, service marks, logos, slogans, and taglines displayed on or through the Service are the property of Kloud Health or their respective owners, and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Service without the express written permission of Kloud Health or such third party that may own the trademark, service mark, logo, slogan, or tagline.  

4. User Information; Data Retention and Collection  

(a) User grants to Kloud Health a non-exclusive license to copy, use, and display any and all data, information, or communications (including personally identifiable data) sent or entered by Users while accessing the Services (“User Information”) solely to the extent necessary for Kloud Health to provide the Service. User acknowledges that Kloud Health exercises no control whatsoever over the content of the User Information, and it is the sole responsibility of User, at its own expense, to provide the information and to ensure that the information Users transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Kloud Health is under no obligation, however, to review User Information for accuracy, potential liability, or for any other reason.  

(b) Kloud Health shall have the right to utilize data capture, syndication, and analysis tools, and other similar tools, to extract, compile, synthesize, and analyze any non-personally identifiable data or information (including, without limitation, User Information) resulting from User’s access and use of the Service (“Blind Data”). To the extent that any Blind Data is collected by Kloud Health, such Blind Data shall be solely owned by Kloud Health and may be used by Kloud Health for any lawful business purpose without a duty of accounting to User, provided that the Blind Data is used only in an aggregated, fully de-identified form, without specifically identifying the source of the Blind Data. Kloud Health agrees to comply with applicable U.S. laws and regulations respecting the dissemination and use of such Blind Data.  

(c) Kloud Health has security measures in place designed to protect personally identifiable information and sensitive data generated by User’s use of the Service and received by Kloud Health. While no computer system or server is completely secure, Kloud Health believes the measures it has implemented reduce security risks. Accordingly, Kloud Health’s Privacy Policy, located at Privacy Policy, is hereby incorporated into this Agreement by reference. 

(d) Kloud Health will not alter any information received from User through User’s use of the Service if such alteration would render the information inaccurate.  

5. User Restrictions  

User agrees not to: (a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, transcribe, store, translate, sell, lease, transfer, distribute, or create derivative works of the Service, Technology, or Content, in whole or in part, without the prior written approval of Kloud Health; (b) upload or distribute in any way files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files, or any other similar software or programs that may damage the operation of the Service or another’s computer; (c) use the Service for illegal purposes; (d) violate or attempt to violate the security of the Service or use the Service to violate the security of other websites by any method; (e) access data not intended for User or log into a server or account which User is not authorized to access; (f) remove, alter, or obscure any proprietary notice or legend of Kloud Health or its licensors upon the Service or Technology; (g) interfere or disrupt networks connected to the Service; (h) upload, post, promote, or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable material of any kind or nature; (i) upload amounts of data and/or materials in excess of any limits specified by Kloud Health from time to time and not to create large numbers of accounts or otherwise transmit large amounts of data so as to clog the Service or comprise a denial of service attack or otherwise have a detrimental effect on the Service; or (j) upload, promote, transmit, or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability. Kloud Health may take whatever remedial action it determines in its sole discretion is appropriate if a User violates these restrictions, including, but not limited to, immediate suspension or cancellation of the Services.  

6. Booking Service Payments, Refunds, and Credits 

By booking an appointment through the Booking Service, you agree to pay the fee indicated for the booked service to Kloud Health, on behalf of the Practice, using one of our Payment Processors (defined below) for the state in which the booked service is being provided. Payments will be charged at the time of the professional service.  

KLOUD HEALTH REQUIRES AT LEAST 24-HOUR ADVANCED NOTICE OF CANCELLATION. You will be charged a cancellation fee of seventy-five dollars ($75.00) should you not provide at least 24-hour advance notice of cancellation. Services booked less than 24 hours in advance cannot be cancelled.  

By using the Booking Services, you hereby authorize Kloud Health or the applicable Kloud Health affiliate or subsidiary for the state in which the booked service is being provided to automatically charge your credit card (or other payment method) for the applicable fees or charges, plus any applicable taxes. KLOUD HEALTH DOES NOT ACCEPT HEALTH INSURANCE AS A FORM OF PAYMENT IN CONNECTION WITH ANY SERVICES. Kloud Health partners with third-party payment card processors (“Payment Processor”) so that Users may purchase products and services. For Users submitting payments through the Service using one of our Payment Processors, please note that your credit and debit card information (number, expiration date, security code) is provided directly to the Payment Processor and is stored by the Payment Processor and not by Kloud Health. It is important to review the Payment Processor’s terms to understand its information security practices.  

If, during the Booking Service process, you misrepresent yourself in any manner, including but not limited to, a misrepresentation of your age or medical history, Kloud Health and/or the Practice reserve the right to cancel your booked service without notice or refund and charge you the full amount of the booked service. If, at the time of your booked service, you are under the influence of drugs or alcohol, the Practice’s licensed health care professional will not perform the service, and you will be charged the full amount.  

7. Disclaimer of Warranties 

The service is provided “as is” and “as available” with all faults and without warranty of any kind. Kloud Health makes no representation or warranty (express, implied, or statutory) with respect to the service, including, without limitation, any warranty of fitness for a particular purpose, accuracy (other than errors introduced by Kloud Health), merchantability, or noninfringement. Kloud Health does not warrant that the service will satisfy your requirements or operate uninterrupted or error-free. Kloud Health does not warrant any third-party software, products, or equipment. All content available through the service is informational only, and Kloud Health does not represent or warrant that any content is accurate, timely, complete, or appropriate, or that any errors in content made available through the service will be corrected. user assumes the responsibility to take adequate precautions against damages to user’s systems or operations which could be caused by defects or deficiencies in the service. The user also acknowledges that electronic communications and databases are subject to errors, tampering, and break-ins, and that while Kloud Health will implement reasonable and appropriate security precautions designed to prevent such occurrences, Kloud Health does not guarantee that such events will not take place. Users shall implement and take responsibility for backing up all user data. The disclaimers set forth above are independent of any other remedy set forth herein and are intended to apply whether or not any other remedy fails of its essential purpose.  

8. Limitation of Liability  

To the maximum extent permitted by law, in no event will Kloud Health or its suppliers/licensors be liable to user or any third party for any special, incidental, consequential, punitive, or indirect damages (whether in contract, tort (including negligence), or otherwise), which include, without limitation, damages for personal injury, lost profits, lost data, and business interruption, arising out of the use of, or inability to use, the service, its content, or products, or any of the third-party content available through the service, even if Kloud Health has been advised of the possibility of such damages. 

9. Indemnification 

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Kloud Health and its parents, subsidiaries, affiliates, licensors, licensees, suppliers, partners, and providers and their officers, directors, affiliates, subcontractors, agents, and employees (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities, and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third-party claims arising out of (a) your use of the Service; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth in the Terms and Conditions. You shall not settle any such claim without the written consent of the applicable Indemnified Party.  

10. Term; Termination 

(a) This Agreement shall commence upon a User’s visit to the Kloud Health Site or Kloud Health providing User with access to the Service and shall continue until terminated in accordance with the terms hereof. Kloud Health may terminate this Agreement immediately as it relates to a User in the event such User breaches any of these terms. Termination will be effective upon notice. User may terminate this Agreement at any time by ceasing to use the Service. Additionally, Kloud Health reserves the right to terminate access to the Service or take other actions it reasonably believes necessary to comply with the law or to protect its rights or the rights of its Users.  

(b) Upon termination of this Agreement for any reason, User’s right to use the Service shall immediately cease. The terms and provisions of this Agreement, other than the continued use of the Service, shall survive any termination of this Agreement. Termination of this Agreement shall not relieve either Party of any obligation accrued prior to the termination date.  

(c) User acknowledges and agrees that in the event of a material breach of this Agreement by User, Kloud Health shall be entitled to seek injunctive relief against User.  

11. Confidential Information

(a) “Confidential Information” means the Service and all features, content, and functionality therein, and/or other information disclosed by Kloud Health under this Agreement, provided any of the foregoing is designated as confidential or by its nature would reasonably be expected to be kept confidential.  

(b) Notwithstanding the previous paragraph, Kloud Health’s Confidential Information shall not include information that (i) is or becomes publicly available through no act or omission of User; (ii) was in User’s lawful possession prior to the disclosure and had not been obtained by User either directly or indirectly from Kloud Health as evidenced by written records; (iii) is lawfully disclosed to User by a third party not bound by a duty of non-disclosure; or (iv) is independently developed by User as evidenced by written records without access to or use of the Confidential Information.  

(c) User agrees to hold the Confidential Information in confidence. User agrees not to make the Confidential Information available in any form to any third party or to use the Confidential Information for any purpose other than performing its obligations or enjoying its rights under this Agreement. User agrees to use the same degree of care that it uses to protect its own confidential information of a similar nature and value, but in no event less than a reasonable standard of care, to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.  

(d) Notwithstanding the foregoing, User may disclose the Confidential Information to the extent that such disclosure is required by law or court order, provided, however, that User provides to Kloud Health prior written notice of such disclosure and reasonable assistance in obtaining an order protecting the Confidential Information from public disclosure. 

B. MISCELLANEOUS TERMS  

‍Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture, or other similar legal relationship between the Parties; nor will either Party hold itself out as an agent, partner, or joint venture party of the other Party.  

‍Compliance with Law. Each Party shall comply with all applicable laws and regulations of governmental bodies or agencies in its performance under this Agreement.  

‍Notice. Kloud Health may direct all notices intended for a User to the User’s email address provided upon registration of the Service (which a User may update from time to time in the User settings available within the Service). All notices required to be delivered to Kloud Health shall be delivered to Kloud Health via email at hello@kloud.health.  

‍Waiver.*No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by both Parties.  

‍Severability.If any provision of this Agreement is held to be invalid, void, or unenforceable, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law, and the remaining provisions of this Agreement shall remain in full force and effect.  

‍Assignment. User may not assign or delegate any of its rights, interest, or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Kloud Health. Kloud Health may assign and delegate this Agreement to successors in the event of a merger, acquisition, or other change in control. This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns.  

‍Governing Law; Arbitration. This Agreement and all claims related to it, its execution, or the performance of the Parties under it, shall be construed and governed in all respects according to the internal laws of the State of [insert state] without regard to the conflict of law provisions thereof. User hereby waives any right to bring any claim against Kloud Health in court (including any right to a trial by jury), except as provided by the rules of the arbitration forum in which a claim is filed. User waives any right it may have to start or participate in, and agrees to opt out of, any class action against Kloud Health arising from or relating to the Service or this Agreement. Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in [insert city, state], and the language of such arbitration shall be English. Kloud Health may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect Kloud Health’s rights or property pending the completion of arbitration. The arbitrator shall not have the authority, power, or right to alter, change, amend, modify, add to, or subtract from any provision of this Agreement. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the Parties, and judgment may be entered thereon in any court of competent jurisdiction.  

‍Force Majeure. Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, or any government or governmental body, war, insurrection, acts of terrorism, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond Kloud Health’s control. Certain obligations may require the cooperation of third parties outside the control of a

‍Party. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of a Party’s obligations, such failures shall be considered as causes beyond the control of the Party for the purposes of this Section and shall not be the basis for a determination that such Party is in breach of any of its obligations under this Agreement or is otherwise liable.  

‍Entire Agreement.This Agreement, together with all other agreements, including without limitation the Privacy Policy, shall constitute the complete agreement between the Parties and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. This Agreement may not be amended, modified, supplemented, or rescinded unless agreed to by Kloud Health.  

C. CONTACT INFORMATION

If you have questions or concerns with respect to the Terms and Conditions, please contact Kloud Health using one of the following options:  

Email: hello@kloud.health 
Telephone Number: 215-429-6709  
Address: 7938 W 3rd St. Los Angeles, CA 90048