Terms of Use

Welcome to the ikioo Remote Health Monitoring and Management Application. All users of this application, as well as the ikioo website and all related products and services (collectively, the "Service") are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by the Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Service.

  • Definitions
    • Authorized Individuals. An Authorized Individual is someone you authorize to access your ikioo Remote Health data on your behalf including your Digital Interactive Diary or your PHR.  Authorized Individuals will have read-only access to your Digital Interactive Diary or PHR.
    • A Dependent is a minor child or other individual over which a Proxy has legal authority. 
    • Digital Interactive Diary. The Digital Interactive Diary is the record of your daily habits and lifestyle choices that you may create in the Service. You determine what is included in your Digital Interactive Diary, and can include information such as food intake and quantity, exercise habits, and sleep patterns.
    • “PHR” stands for a web-based Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information, including that collected through your Digital Interactive Diary.  Should you choose, the Service assists you with creating a PHR.
    • PHR Data. When you sign up for the Service, you provide and/or you authorize all or some of your care Providers to provide information about you that becomes the PHR Data.  Any information in the Service is considered PHR   PHR Data might include, but is not limited to:
      • Your name and contact information, such as your address, phone number, or email address
      • Your medical history, conditions, treatments, and medications
      • Demographic information, such as your age, gender, ethnicity, and occupation
      • Your exercise and food history as contained in your Digital Interactive Diary
      • Information about your mobile device

    As described further below, ikioo may use your PHR Data to:

    • Operate and manage the Service;
    • Maintain and protect its computer systems
    • Comply with the law, such as responding to subpoenas and search warrants

    PHR Data includes Personal Information and Aggregate Data.

    • Personal Information. Personal Information includes your PHR Data, as well as any other information about you that can be reasonably linked to you, such as name, health condition and other identifiers. 
    • Platform. The ikioo Remote Health Monitoring and Management Application.
    • Provider. Each care provider that you authorize to provide information to, and receive information from, your ikioo PHR and who pays for the Service.
    • Proxy. A Proxy is any individual who is your parent, guardian or someone else who otherwise has legal authority to provide information on your behalf and who has authorized and/or has access to an account with ikioo in the name of a Dependent.
    • Vendor. A Vendor is an entity that is hired to perform certain functions for and operate under the direction and control of ikioo.  Vendors may include software or website designers and data storage providers.
  • Your Agreement with ikioo

The Service is provided by ikioo Technologies, Inc., located at 191 S Buena Vista St #370, Burbank, CA 91505 (“ikioo”).  All references to ikioo include its subsidiaries or affiliates involved in providing the Service.  Your use of the Service is subject to these Terms of Use, the Privacy Policy, and such other terms as you may agree to from time to time.

Ikioo may change these Terms of Use at any time without notice by posting the amended terms to this page.  If you do not agree to the modified agreement, you should stop using the Service and cancel your account.  Your continued use of the Service after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

  • Your Account

You must provide accurate and complete registration information any time you register to use the Service.  You are responsible for the security of your passwords and for any use of your account. 

Ikioo reserves the right to restrict who is eligible for an account.  For example, as of the date of these Terms of Use, you must be at least 18 years old and reside in the United States to use the Service.  Ikioo may change these qualifications in the future.  Ikioo reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability.  Ikioo may enable you to create accounts for minors or other members of your family over whom you have legal authority.  You may only do so if you are the Proxy, and by doing so, you certify that you have such authority.  Ikioo may enable you to give access to your account to Authorized Individuals and/or Providers.  When you give access to an Authorized Individual or Provider, you grant permission to such Authorized Individual or Provider to access the information contained within, and/or perform certain transactions through, your account.  You also may permit your authorized Provider to communicate with such Authorized Individuals about your health status.

Upon entry of the relevant information, you will receive an invite via email to generate an account through www.ikioor.com. Once your account is established, you can grant yourself full access to your information through the “Access” option on this portion of the Platform. By creating an account you agree to (i) provide accurate, current, and complete Personal Information as may be prompted by the Service and (ii) keep your PHR current and complete. You must keep your password confidential and promptly notify us via e-mail at info@ikioo.com if your password is lost, stolen or used without permission. You agree that ikioo cannot and will not be liable for any loss or damage arising from your failure to keep your password confidential.


  • Your Use of the Service and Optional Fees

Ikioo currently provides you with general use of and access to the Service free of charge.  However, Ikioo may charge fees for your use of certain features and functionality of the Service (e.g., transaction fees for content or specific services, such as web consultations or faxing).  Additionally, if your authorized care providers (each a “Provider” and collectively, the “Providers”) utilizes the billing services offered by the Service, such billing services may serve as a method of payment between you and your Providers.

Generally, at any time in its sole discretion, Ikioo may charge fees for access to all or any part of the Service.  In no event will you be charged for access to the Service unless Ikioo obtains your prior agreement to pay for such access.  All new fees, if any, will be posted in appropriate locations on the Service.  Ikioo reserves the right to change its fees, if any, from time to time in its discretion.

Ikioo facilitates the processing of payments through PayPal. Any such payment processing services are subject to PayPal’s Terms of Service available at www.paypal.com (as such Terms of Service may be amended by PayPal from time to time, collectively the “Payment Processing Terms”). By using the Service offered by Ikioo, you agree to be bound by any applicable Payment Processing Terms, including without limitation, the obligation to pay directly to PayPal any additional processing fees charged by PayPal in accordance with the Payment Processing Terms. Ikioo makes no representation or warranty regarding the performance of any payment processor or its services and will not be responsible for any loss or damage of any sort that results solely from your use of such payment processing services.

You may dispute any fee charged by your Provider through the Service for a failure to receive the agreed-upon services from a care Provider or other third-party through the Service. Disputes with respect to any Provider fees can be made by contacting Ikioo at info@ikioo.com. In the event Ikioo determines that you are entitled to a refund of such fees, Ikioo shall return such fees to you via Ikioo’s payment processing service less (i) a Platform Access Fee to Ikioo in the amount set forth on the Fee Schedule, and (ii) any applicable fees charged by ikioo’s payment processing service.

 The current fees are attached as Exhibit A – Fee Schedule .

  • Collection of Your Information

PHR Data may be entered into the Service directly by you personally or via data transfer from a third-party repository, such as those third-party applications that you allow to communicate with the Service or other third-party sources, as further described below.  With respect to your PHR Data collected from third-party sources, Ikioo shall not collect such information without your specific authorization to do so.  When you provide such authorization, you also may be asked to designate how often updated information may be transmitted from the applicable third-party source to the Service.  Please note, if any PHR Data is released by an authorized third‑party source to the Service and later invalidated by the third-party source, Ikioo reserves the right at the request of the third‑party source, to remove that PHR Data from your PHR. 

If you elect both to import PHR Data into the Service from third-party sources and to input PHR Data directly yourself, the Service may not necessarily transfer PHR Data input directly into the Service by you back to the applicable third-party sources.  If you enter new PHR Data into the Service or use the Service to modify PHR Data obtained from third-party sources, you should assume those updates and modifications will not be transmitted back to the third-party sources.  Accordingly, it is up to you to independently verify and make any changes to information maintained by the applicable third-party sources. 

You are entitled to copies of any of your PHR Data available on or through the Platform. Copies of such PHR Data may be obtained through the Platform by choosing the “Stream Data” option on the mobile application and entering in the relevant information.

  • Not an Emergency Service and Not Medical Advice

Even though you may be able to communicate with certain of your Providers through the Service, communications are not real-time.  The Service does not provide any medical services, including but not limited to emergency or urgent medical services.  PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU ARE EXPERIENCING HEALTH CHANGES THAT ARE WORRISOME TO YOU.  You should not assume that any Provider is aware of any such changes in your health, even if you have updated your PHR to reflect such changes.

You acknowledge and agree that neither Ikioo nor the Service offers medical advice.  Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of care Providers in diagnosing and treating patients.  Similarly, any report, feedback, or similar information provided by ikioo to you through the Services is for informational purposes only and is also not medical advice.  These reports and feedback are based on the information which you provide into the Service, and information the Service receives from other sources.  This information may be based on approximations and inferences from the information you have submitted into the Service.  If you have medical questions related to any information, please contact your medical professional directly.

Although Ikioo and the Service may make your Personal Information available to your authorized Providers, you acknowledge and agree that this Personal Information may not be the most current data (or even the most current data you submitted to third-party data sources that routinely transfer data to the Service).  Ikioo, its licensors and Vendors are not responsible for any inaccuracy or omissions of your Personal Information, or for any reliance by you or any medical professional on your Personal Information.  You should assume that: (a) when your participating Providers examine you and make recommendations or diagnosis or treatment decisions, those Providers may not be relying on Personal Information you provided from your ikioo PHR; and (b) your participating Providers may not be examining or confirming the accuracy of information provided from your ikioo PHR.  In any event, Ikioo is not responsible for any Provider’s reliance or non-reliance on your Personal Information, PHR Data or the accuracy thereof.  Additionally, you acknowledge and agree that ikioo is not responsible for your reliance on any information provided by your Provider and/or Authorized Individual(s).  You recognize that such advice comes from a third party, not ikioo, and therefore ikioo cannot be responsible for the accuracy or representations made in such content.

  • Use of Your Information

If you create, transmit, or display health or other information while using the Service, you may provide to the Service and incorporate as PHR Data only that information that you own or have the right to use.  When you provide Personal Information through the Service, you give Ikioo a license to use and distribute it in connection with the Service.  However, Ikioo may use Personal Information only as permitted by our Privacy Policy, these Terms of Use and applicable law.  Ikioo is not a “covered entity” or, generally, a “business associate” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”).  As a result, HIPAA generally does not apply to the transmission of Personal Information by Ikioo to or from any third-party. 

Ikioo may use non-identifiable anonymous data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as “Aggregate Data” that may be disclosed to third parties.  Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users.  Aggregate Data will be used to determine such things as user demographics and usage patterns for our services.  Ikioo may use Aggregate Data within Ikioo to understand the needs of the ikioo community of users and determine what kinds of programs and services we can offer to you.  Aggregate Data may be provided or sold to third parties.  Ikioo may use this Aggregate Data to give potential users, Providers, or business partners a picture of the ikioo community and services.

Please note, the ikioo PHR is a personal health record as defined by Section 13400 of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, and Ikioo is a Vendor of Personal Health Records, as defined by the HITECH Act.  As such, Ikioo is obligated to notify you of any breach of your PHR Data under 16 C.F.R. § 318 administered by the Federal Trade Commission. 


  • Provider Access

As part of the Service, you may authorize your care Providers to provide Personal Information about you to the Service, you may use the Service to share certain Personal Information with such Providers, and you may use the Service to communicate with such Providers.  You understand that any decision to use the Service in such ways is entirely voluntary.  By participating in the Service, you are expressly authorizing Ikioo to share and transmit your Personal Information and communications in accordance with your instructions.  You understand that if you authorize a Provider to access your Personal Information in the Service and communicate with you via the Service, the Provider may permit its/his/her staff and other Authorized Individuals within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.

You may deactivate any Provider’s, other third-party’s, or Authorized Individual’s right to (a) communicate with you through the Service; (b) request information from you or your PHR  through the Service; or (c) provide Personal Information to your PHR by utilizing the connection management features of the Service.  However, copies of all of your Personal Information previously disclosed to such Providers or third-parties and incorporated into such Providers’ or third-parties’ records, if any, may remain in such Providers’ or third-party’s records.  By using the Service, you agree that Ikioo cannot, and has no obligation to, remove such information from the Provider’s or third-party’s records.  All such information will, however, be subject to the Providers’ notice of privacy practices, if any, and all applicable laws and regulations.

Please note:  Ikioo is relying on you to review and assess the qualifications of your Providers and to make appropriate decisions with respect to Authorized Individuals.  Ikioo does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual.

  • Proxies

A Proxy may authorize and/or have access to a PHR for a Dependent.  Through the account, the Proxy may be able to:  (a) review and update the Dependent’s personal health record as maintained on ikioo; (b) communicate with the Dependent’s Providers with regard to the Dependent’s health status and otherwise; and (c) engage in such transactions as permitted between the Proxy and the Dependent’s Providers through the ikioo PHR.  A Dependent’s ikioo account will be linked to a Proxy’s ikioo PHR account until the earlier of the date:  (i) the Dependent reaches the age of 18, or (ii) ikioo is notified by the Dependent’s Provider that the Dependent has been emancipated or otherwise attained legal custody of his or her own health information.  Each Proxy understands that a Dependent’s ikioo account also may be linked to the ikioo account of another Proxy, and each Proxy will have the same rights to access and communicate through the Dependent’s ikioo PHR account.  Each Proxy agrees that if he or she becomes aware of any change in any Proxy’s relationship to the Dependent that may result in the Proxy no longer qualifying as a Proxy, the Proxy will advise the Dependent’s Providers of the same.

  • Authorized Individuals

You may grant access to your ikioo account to one or more Authorized Individuals.  You may grant an Authorized Individual access to your ikioo account by specifically authorizing ikioo to permit access by such Authorized Individual to your ikioo account.  When you grant access to an Authorized Individual you determine the level of access you would like to provide the Authorized Individual.  For example, the Authorized Individual may be able to access your Digital Interactive Diary or your PHR.  Authorized Individual shall be authorized to access the permitted records ONLY, and shall NOT be able to communicate with or otherwise engage in transactions with your Providers.  Only you will be able to establish or terminate connections with your Providers.  You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) Ikioo has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.


Additionally, your Authorized Individual may be able to add comments to your PHR or another part of the Service.  As discussed in the Not Medical Advice section above, these comments are not medical advice.  Any comments or advice submitted by an Authorized Individual to the PHR or any part of the Service is for informational purposes only and is not a substitute for the professional judgment of care Providers in diagnosing and treating patients. In any event, Ikioo is not responsible for your reliance on any comments or postings submitted by  your Provider and/or an Authorized Individual and the accuracy thereof.


  • Third-party Content & Service

Ikioo may make third-party services available through the Service.  For example, Ikioo may enable you to integrate your ikioo PHR with third-party personal health records.  In order to use a specific available service, you must inform Ikioo that you would like to:  (a) allow the third-party Vendor to retrieve, provide, and/or modify PHR Data in your account or (b) otherwise share your PHR Data with the third-party Vendor.  Once you authorize a specific third-party Vendor to access your account, the Vendor may continue to access your account until you affirmatively disable access.  Third-party Vendors may include both Providers and other entities.  It is your sole responsibility to review and approve each such third-party before sharing your PHR Data through the Service or otherwise allowing them to access it.  If you elect to use any service Ikioo adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties.

Ikioo is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy.  Ikioo further does not endorse any third-party Vendors (including Providers), products, services, opinions, or web sites accessed through the Service.  USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK.  IKIOO MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

  • Ikioo Proprietary Rights

Ikioo and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for the content of your ikioo PHR.  Ikioo gives you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms of Use.  You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of Ikioo’s or its licensors’ proprietary material in the Service without the prior written consent of Ikioo.  Except as expressly set forth herein, you have no right, title or license to any of Ikioo’s or its licensors’ intellectual property.

  • Restrictions on Use

Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.  Specifically you agree not to do any of the following:  (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post “spam,” transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by Ikioo; or (p) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Ikioo, may harm Ikioo or users of the Service or expose them to liability.

You further agree that you will not:  (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on Ikioo’s infrastructure, or (iv) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.

  • Modification and Termination

Ikioo may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice.  Additionally, notwithstanding the rights you may have to the Personal Information and/or PHR Data in your ikioo PHR, if any, Ikioo may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, for account inactivity, or for any other reason.  In addition, except with respect to a Proxy who establishes an account on behalf of a Dependent, Ikioo will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death.  With respect to a Proxy, Ikioo will terminate all accounts associated with such Proxy within thirty (30) days of its receipt of a death certificate certifying the death of such Proxy unless a Dependent also has a living Proxy associated with the account.  Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service.  Ikioo assumes no liability for any information removed from the Service.  Ikioo also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies.  Upon any termination of your access to the Service, you must cease all use of the Service. 

Additionally, please note that updates to your existing mobile device operating systems or firmware may render your version of the Service incompatible.  Ikioo does not warrant that the Service will be backward or forward compatible with any updates to, or prior versions of, the mobile devices.  Ikioo may, but is not obligated to, provide you with updates to the Service that improve compatibility with updated mobile devices.

  • Data Charges

To the extent a mobile application requires, or permits utilization of, wireless or cellular data access, you shall be independently responsible for securing the necessary data access service.  The provider of such access to your mobile device may charge you data access fees in connection with use of the mobile application.  You are solely responsible for all such charges payable to third parties.

  • Exclusion of Warranties


  • Limitation of Liability


You agree to indemnify, defend, and hold harmless Ikioo and its shareholders, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), arising from or relating to your use or misuse of the Service or your breach of this Agreement or any representation or warranty herein, including but not limited to the content you submit or make available through this Service or otherwise, and any Losses arising from or relating to any claims relating to personal injury, death, or the results of any medical or other third-party procedure, including that any such procedure did not conform to the Service.

  • Law and Venue

These Terms of Use are governed by California law.  You and Ikioo agree that any dispute arising out of or related to the Service, your purchase of any goods or services from Ikioo, or this Agreement will be resolved by binding arbitration (an “Arbitration”) and not in court. The Federal Arbitration Act governs this Agreement.

  • Advertisements, Promotions and Educational Material

Ikioo may display advertisements, promotions and educational material to you on or through the Service.  Such communications may be tailored to reflect information in your ikioo PHR, your communications with your Providers and their permitted users, and other PHR Data, Personal Information or other information.  By using and accessing the Service, you understand and agree that Ikioo may display such advertisements, promotions and educational material to you.

Such communications are not intended to serve as medical advice, are for informational purposes only, and are not a substitute for the professional judgment of healthcare providers in diagnosing and treating you as a patient.  Such communications provide only limited information regarding the applicable topic.  Ikioo, its licensors and Vendors are not responsible for and do not endorse the content of, or the products, services or practices promoted or discouraged by, any such advertisements, promotions or educational material, and do not make any representations or warranty regarding their quality, content or accuracy.  Accordingly, Ikioo, its licensors and Vendors are not responsible for any inaccuracy or omissions in the content of such communications, or for any reliance by you or any medical professional on the content of such communications.

  • General Legal Terms

For purposes of clarification, these Terms of Use are for end users of the Service.  From time-to-time, Ikioo may require licensees of components of the Service and other Ikioo offerings to enter into a separate agreement with Ikioo related to such components or offerings.  If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service.

Ikioo’s licensors and Vendors are third-party beneficiaries to these Terms of Use.  If Ikioo provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.  Failure to enforce any provision will not constitute a waiver of that provision.  If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.  The other provisions of these Terms of Use shall remain in full force and effect.

Date last modified:  August 31, 2017