These Terms of Use govern your access to and use of MyCareGorithm’s website and services.
Welcome to MyCareGorithm.com (this “Site”). These Terms of Use (“Terms”) govern your use of this Site and any related services offered by MyCareGorithm, LLC (referred to as “MyCareGorithm,” “we,” or “us”) including all related portals, websites, and all related technologies, software, content, and services (collectively the “Services”). By clicking or checking “I Accept” or similar language or otherwise using or accessing the Services, you agree to these Terms, including without limitation the Privacy Policy referenced and incorporated herein. If you do not agree to be bound by these Terms, then we do not grant you any right to access or use the Services. Accepting these Terms electronically shall have the same legally binding effect as if these Terms were signed manually in paper form by you.
We reserve the right to update these Terms at any time by posting the changes on this Site. Any such changes shall apply to your use of the Services upon going into effect. Your continued use of Services following such modifications will be conclusively deemed acceptance of any changes to these Terms.
By accessing the Services, you acknowledge that the Services are made available only for the purpose of providing a communication platform for providers to use to communicate with their patients about their condition. MyCareGorithm is not a health care provider and does not provide diagnostic or treatment services. The Services do not constitute medical advice, replace the need for use of independent clinical judgment, or the need for direct communication between patients and their health care providers. Health care providers using the Services retain all responsibility regarding clinical decision making, diagnosis and treatment, record retention, patient communications, and ensuring proper and timely follow-up with their patients. If you are a patient, you agree to contact your provider directly with any questions or concerns you have about the information made available to you through the Services.
By using or accessing the Services, you represent and agree that:
By accessing the Services, you agree that you will not directly or indirectly:
Use of the Services may be monitored for quality and security purposes. If we determine that your use of the Services threatens the functionality, capacity, or security of the Services, we may take all reasonable measures to protect and secure the Services, including without limitation, terminating or suspending your access to the Services. If we determine you breached these Terms, your account may be terminated.
MyCareGorithm does not provide a referral service and does not recommend or endorse any specific physicians or other healthcare providers, or the use of any procedures, tests, pharmaceuticals, or medical devices that may be referenced in the Services. MyCareGorithm does not represent that the content contained in the Services will accurately reflect information intended to be captured by health care providers or that it will meet the standard of care.
MyCareGorithm does not guarantee or warrant that access to the Services will not result in, or that files available for download from the Services will be free of, infection from viruses, worms, Trojan horses or other destructive code. MyCareGorithm does not warrant the Services will be uninterrupted or that the Services and/or any content made accessible in the Services will meet your requirements. No oral or written information or advice given by MyCareGorithm or any of its employees, representatives, agents or distributors related to the Services shall be construed to create a warranty of any kind. MyCareGorithm makes no warranty and specifically disclaims any warranties related to the quality or reliability of the content made available through the Services.
You represent and warrant that all information you submit through the Services is current, complete, compliant with applicable law, and accurate. By making the Services available, MyCareGorithm does not assume responsibility for verifying any information entered into the Services by users or the quality of any health care services provided by users of the Services.
You acknowledge that MyCareGorithm and/or its licensors, as applicable, own all legal right, title and interest in and to the Services, including but not limited to the software or any other part thereof, graphics, user interfaces, the scripts and software used to implement the Services, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright.
You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. The license to use the Services granted herein does not constitute a sale of any intellectual property associated with the Services. You agree not to challenge MyCareGorithm’s ownership or rights in and to the Services and related materials.
You acknowledge and agree that any violation of the terms of this section would irreparably harm MyCareGorithm and that MyCareGorithm may enforce the terms of this Section through injunctive relief, without limitation to any other rights and remedies available to it.
All rights in trademarks, trade names, logos, service marks, and trade dress (“Trademarks”), displayed in connection with the Services belong exclusively to MyCareGorithm or its owners. You are prohibited from imitation, dilution, or confusing or misleading uses. Nothing gives you any license or right under the Trademarks or any other intellectual property of MyCareGorithm.
These Terms apply to any future releases and updates of the Services that you may use, unless any such update is subject to a separate agreement. Your rights to the previous version of the Services (or related apps) terminate once an update has been installed.
MyCareGorithm grants you a non-exclusive, non-transferable, limited license to use the Services for internal use only as specified in these Terms, and only on a device with appropriate physical, administrative, and technical safeguards. This license does not extend to your use of the Services in any manner that violates applicable law.
The limited license granted under these Terms is limited to permission to display, copy, and/or download the Services only for your professional and internal use related to the provider entity that is specifically authorized to access these Services; provided that you do not further distribute or modify the Services or remove any copyright and other proprietary notices contained in the Services. You may not distribute, copy, reproduce, display, republish, download, or transmit any material on the Services for any other commercial or personal use without prior written approval of MyCareGorithm. Use of any images or information displayed in the Services for any other professional or personal purposes is strictly prohibited.
By using the Services, you represent and warrant that you have the right and authority to agree to these Terms and are not prohibited from using the Services. If you are a health care provider, you understand that you retain responsibility for your compliance with all laws and standards of professional practice applicable to you and that the Services are not intended to serve as medical advice.
Third-party software, applications, functionality and other materials that may be made available for downloading, access, or use on or from the Services may have their own license terms, conditions, and/or notices. MyCareGorithm is not responsible for such third-party sites or services that may be accessible to you through the Services and encourages you to review any such third-party’s terms and conditions, which will apply to your use of that third-party service and/or site. You agree to be governed by such third-party terms, conditions, and/or notices. MyCareGorithm is not responsible for the quality of the any third-party content made available in the Services. Your access and use of the Services is conditioned upon your acceptance and compliance with these Terms and any applicable third-party terms, conditions, and/or notices.
MyCareGorithm may from time to time: (a) derive and compile from usage information in Services, and/or from other data maintained in the Services, certain aggregate or analytical data in a de-identified form (the “Aggregate De-Identified Data”); (b) combine such Aggregate De-Identified Data with data from other users; and (c) use and disclose the Aggregate De-Identified Data for promoting medical research, analyzing and disclosing data trends, improving products and services, or any other legitimate business purpose provided, however, that no such data shall be used in such a way or contain information that could be used to identify any individual (or you). Such Aggregate De-Identified Data will not be used in a manner in violation of law or privacy agreements, including, but not limited to, HIPAA, our customer agreements, or any state privacy laws. MyCareGorithm owns all rights, title, and interest in Aggregate Data compiled from the Services.
Please use caution when e-mailing and text messaging. Even when secure email mechanisms are used for electronic communications, use of email poses certain risks to information. These risks include shared, misdirected emails, and receiving information in a compromised account. These risks may result in the disclosure of information to unauthorized parties.
You agree to fully indemnify and hold harmless MyCareGorithm, its agents, affiliates, officers, directors, and employees from any and all claims and penalties related to your use of the Services in a fashion not compliant with applicable laws. You agree to any charges that may be incurred by your telecommunications carrier related to the use of the Services on your device. You further agree to receive auto-messages that may be sent to you related to the Services. You may opt out by emailing compliance.privacy@mycaregorithm.com or following the opt-out instructions included in such communications.
MyCareGorithm and its officers, directors, employees, affiliates, and agents make no representation or warranty relating to the Services, including any information accessible directly or indirectly from the Services. Without limiting the foregoing, MyCareGorithm disclaims all warranties not explicitly provided in these Terms, including without limitation the following warranties:
MyCareGorithm assumes no liability as to the reliability, accuracy, validity, timeliness, usefulness, or completeness of any information contained in the Services. You release, hold harmless, and agree to defend and indemnify MyCareGorithm for any and all damages resulting from your reliance on information contained in the Services.
In no event will MyCareGorithm, its affiliates, officers, employees, or any party involved in creating or delivering the Services be liable for any damages of any kind, including without limitation any direct, incidental, consequential, indirect, special, or punitive damages, for any personal injury or death, medical malpractice, lost profits or revenue, penalties, fines, or data loss arising out of or in connection with use of the Services.
Without limiting the foregoing, you agree that in no event shall MyCareGorithm be liable to you in an amount exceeding the fees paid to MyCareGorithm by you for the account related to your access to the Services in the prior three (3) months. If you have a dispute with another user of the Services, you release MyCareGorithm from any and all claims, demands, and damages of any kind arising from such dispute.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, regulatory penalties or fines, and/or any other basis, even if MyCareGorithm has been advised of the possibility of such damage. In the event it is unlawful to allow for the exclusion or limitation of incidental or consequential damages in a jurisdiction applicable to a specific dispute, MyCareGorithm’s liability in such jurisdiction shall be limited to the extent permitted by law.
You agree to defend, indemnify, and hold harmless MyCareGorithm, its officers, directors, employees, affiliates, parents, agents, successors, assigns and its partners and suppliers (including, without limitation third parties who contribute to the Services) from and against all liabilities, losses, costs (including without limitation, reasonable attorney’s fees), claims, suits, actions, proceedings, demands, civil or criminal fines, regulatory fines, penalties, expenses, and assessments, arising out of or relating to the acts or omissions by you in connection with the obligations set forth in these Terms, including without limitation claims resulting from or relating to:
MyCareGorithm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. The indemnification obligations set forth herein shall survive the termination of these Terms and shall not be subject to any limitation of liability or damages cap which otherwise may be applicable under any agreements between the parties.
These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its principles of conflict of laws. You agree that the exclusive venue for any action or proceeding arising out of or related to these Terms shall be in the state and federal courts located in Somerset County, New Jersey. You consent to the personal jurisdiction of these courts and waive all objections to the exercise of jurisdiction by these courts and to this venue.
Notwithstanding the foregoing, however, you agree that any breach of these Terms by you will cause irreparable harm to MyCareGorithm and that MyCareGorithm may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction.
The Services are not intended or licensed for use by children under age 18. We will not knowingly collect personally identifiable information in connection with the Services from children under 18. You agree not to use the Services to communicate with individuals under the age of 18, and to direct any communications through these Services that relate to the treatment of minors to a legal guardian that is at least 18 years of age. You agree to notify MyCareGorithm immediately if you discover use of the Services by someone under the age of 18.
Any suspension, termination, or cancellation of your access rights to the Services will not affect provisions in these Terms which by their nature are intended to survive such suspension, termination, or cancellation, including without limitation the Sections entitled “Intellectual Property”, “Additional Disclaimers”, “Limitation of Liability”, “Indemnification”, “Choice of Law and Jurisdiction”, and “Additional Terms”.
These Terms, together with our Privacy Policy and Master Services Agreement (if applicable) and any other legal terms and notices published by us on the Services, constitute the entire agreement between you and MyCareGorithm concerning the Services, and supersede all previous written and oral understandings and agreements.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without MyCareGorithm’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyCareGorithm may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise expressly agreed to by us in writing, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to MyCareGorithm relating to modifying or improving the Services (“Feedback”), whether solicited or unsolicited, are non-confidential and shall become our sole property. MyCareGorithm shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you hereby grant to MyCareGorithm a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback.
You may not use or otherwise export or re-export the Services or any app or software associated with the Services except as authorized by United States law and the laws of the jurisdiction in which the Services or such software was obtained. Without limitation, the Services and any related software may not be exported or re-exported (a) into any U.S. embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency relationship or anything other than an independent contractor relationship.
You agree that your use of the Services will not infringe or violate the rights of any other party or violate any laws. If you are a copyright owner or an agent thereof and have concerns related to copyright infringement, please contact us at compliance.privacy@mycaregorithm.com.
Please contact us at cybersecurity@mycaregorithm.com if you have any questions concerning our Terms.
Last Revised: May 8, 2025
