Terms of Service

Last Updated: March 15, 2022

THE SERVICES ARE NOT MONITORED 24/7, SO DO NOT USE THE SERVICES IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911 OR CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255 OR THE NATIONAL POISON CONTROL HOTLINE AT 1-800-222-1222 FOR IMMEDIATE ASSISTANCE.

Sonara Health, Inc. (“Sonara”, “we”, “us” or “our”) provides proprietary remote patient monitoring tools to assist independent opioid treatment programs (“Clinics”) with a telehealth platform for medication monitoring available at sonara.app (“Tool”), which Sonara promotes through its website located at www.sonarahealth.com (“Site”). We will refer to the Tool and Site collectively as our “Services.” These Terms of Service (“Terms”) contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to your use of our Services.

Please note, Sonara is an administrative and technology service provider and does not provide any healthcare services, nor does it refer or recommend any physician or medical practice or any other medical provider or personnel. Sonara has entered into legal agreements with certain Clinics who use the Tool to periodically collect clinical data about their patients.

Please read these Terms carefully. By accessing our Site or using our Tool, you accept and are bound by these Terms. We may modify the Terms from time to time. All changes will be posted, and the effective date will be noted at the top of these Terms. Therefore, you should review it periodically so that you are up to date on our most current Terms.

  1. Your responsibilities.

    You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Services. Internet connection and any associated charges are your sole responsibilities.

  2. Your responsibilities (cont’d).

    We reserve the right to suspend and/or terminate your account if you misuse the Sonara Services, or if you violate the Terms including, without limitation, the following rules of conduct:

    • Attempt to interfere with or disrupt our servers or networks;

    • Copy, modify, translate, adapt, or otherwise create derivative works or improvements;

    • Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code;

    • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features;

    • Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices, including any copy thereof;

    • Use for the implicit or explicit purpose of promoting or involving:

      • The violation of any applicable law or regulation;

      • Fraud, deception, or impersonation;

      • to upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

      • any other activity that Sonara may deem, in its sole discretion, to be unacceptable.

    You are solely responsible for any claims arising from inappropriate use of the Services, your breach of the Terms, or the violation of any laws or regulations. You agree to hold Sonara harmless from all such claims.

  3. Eligibility to Use the Sonara Tool.

    Our Tool is only authorized for use by individuals who are at least 18 years of age whose use of the Tool is subject to and authorized under an effective agreement between Sonara and a Clinic. Therefore, by using the Tool, you represent and warrant that you: are at least 18 years of age and authorized to use the Services by a Clinic who has contracted for such with Sonara.

    Further, the Clinic who authorized your use of the Tool is solely responsible for determining whether the Tool is, and continues to be, appropriate for your use. Sonara is obligated to comply with instructions regarding your use of the Tool from the Clinic, including instructions to discontinue, change, modify, or update your access to the Tool and information collected about you in the course of using the Services.

  4. Your Account Security

    Certain features or services offered on or through our Services may require you to provide login credentials. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Sonara immediately of any unauthorized use of your account or password, or any other breach of security and understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.

  5. Service Updates.

    Sonara reserves the right to modify or discontinue its Services (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Services. Sonara shall not be liable to you or any third party in the event that we exercise our right to change, suspend, or discontinue all or any aspect of the Services at any time without notice.

  6. Your Personal Information.

    We will only use your personal information as set out in our Privacy Policy.

  7. Term and Termination.

    Your right to use any of our Services under these Terms expires upon the earlier of termination or suspension by Sonara, with or without cause, including, for example, if you violate these Terms or if you use our Tool and our legal agreement with the Clinic authorizing your use of the Tool terminates. Upon termination of your authorization to use the applicable Services, you expressly agree to immediately cease use of the Services. Subject to applicable law, Sonara reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Sonara will have no further obligation to provide the Services.

  8. Void Where Prohibited.

    Sonara is based in the United States. We provide Services for use only by persons located in the United States. We make no claims that the Services are appropriate outside of the United States. Use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Use of our Services is void where prohibited.

  9. Intellectual Property.

    You acknowledge that the Services are provided under license, and not sold, to you. Except the limited license rights provided herein, the Services, including all tangible and intangible rights therein, is and shall remain the sole property of Sonara. Such proprietary rights belonging exclusively to Sonara include but are not limited to all now known or hereafter known tangible and intangible rights, title, interest, copyrights (including, as applicable moral rights), trade secret rights, all rights in the underlying technology (whether or not patented or patentable) and all other related rights in and to the Services, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information. The Services are protected by all applicable intellectual property laws and international treaties.

  10. DISCLAIMER OF IMPLIED WARRANTIES.

    YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SONARA DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SONARA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, SONARA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  11. MEDICAL DISCLAIMERS.

    Sonara is a technology platform and is not licensed to practice medicine or pharmacy, nor do we recommend or prescribe treatment or medication. If you have questions, comments, or concerns related to diagnostic, treatment or medication information, you should contact your Clinic or applicable healthcare provider or pharmacist, not Sonara. The Clinic who authorized your use of the Tool is an independent professional, and it, and not Sonara, is responsible for the advice, services, recommendations and/or treatments they deliver to you. Sonara is not responsible for the healthcare or advice provided by Clinics.

    ALL INTERACTIONS WITH THE CLINIC ARE BETWEEN YOU AND THE CLINIC. BY USING THE SERVICES, YOU AGREE NOT TO HOLD SONARA LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE CLINIC MAY RENDER TO YOU. IN NO EVENT SHALL SONARA BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A CLINIC YOU ACKNOWLEDGE AND AGREE THAT SONARA IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DECISIONS OR INSTRUCTIONS FROM A CLINIC REGARDING YOUR USE OF THE TOOL AS WELL AS ANY OTHER ACTIONS OR INACTIONS BY THE CLINIC IN THE COURSE OF YOUR RELATIONSHIP WITH THE CLINIC.

  12. LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SONARA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  13. Indemnification.

    You agree to defend, indemnify, and hold harmless Sonara, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use or inability to use the Site or Tool, other than as expressly authorized in these Terms, or your use of any information obtained from the Site or Tool.

  14. Binding Arbitration.

    PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

    Other than for disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which you or Sonara seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, Disputes arising from these Terms  or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be settled on an individual basis by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

  15. Governing Law.

    Texas law governs these Terms, as well as any claim, cause of action or Dispute that might arise between you and Sonara, without regard to conflict of law or choice of law rules. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services you agree to do so subject to the laws of Texas and the United States.

  16. Miscellaneous Terms.

    • If any provision of these Terms are deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the fullest extent under law.

    • You agree that these Terms and any other agreements referenced herein may be assigned by Sonara, in our sole discretion, to a third party in the event of a merger or acquisition.

    • These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your use of the Services.

    • These Terms are not assignable or transferable by you without the prior written consent of Sonara, and any attempt to do so shall be void.

    • No waiver by Sonara of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sonara to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  17. Contacting Sonara

    If you have any questions or comments about these Terms, please contact us at:

    Sonara Inc.
    Attn: Terms of Service
    3773 Valley Ridge Rd.
    Dallas, TX, 75220
    support@sonarahealth.com