Terms of Service

Effective Date: May 3, 2021

Last Updated: May 2021

 

These Terms of Service ("Terms of Service" or “Terms”) are a legal contract between User, and Little Otter (“Us” or “We” or “Little Otter, Inc.”), creators of the Little Otter Website, Provider Portal, and Mobile Application (collectively, the “App”), and governs User’s use of the App, and all of its content and functionality (collectively, the “Services”). These Terms apply to all legal parents or guardians of child(ren) receiving treatment through the App and all healthcare providers providing treatment to pediatric patients on behalf of an organization authorized to use the App (individually a “User” and collectively the “Users”). By accepting these Terms and using the App. User acknowledges that User has read, understands, and agrees to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF USER DOES NOT UNDERSTAND THIS AGREEMENT OR DOES NOT AGREE TO BE BOUND BY THESE TERMS, USER MAY NOT USE THE SERVICES.   

Notice to Healthcare Providers: As applicable,healthcare organizations subject to the Health Insurance Portability and Accountability Act (“HIPAA”)  and authorized to access and use the App are required to enter into a Business Associate Agreement (“BAA”) with Little Otter. IF YOUR ORGANIZATION IS SUBJECT TO HIPAA, YOU MAY NOT USE THE APP UNTIL YOUR ORGANIZATION HAS ENTERED INTO A BAA WITH LITTLE OTTER. 

Note to Patients/Parents: As more fully described in Section 2 below, Little Otter, Inc. does not provide medical services. When you or your child receive professional healthcare services through the App, those services are provided by Little Sloth Healthcare, P.C. (Little Sloth), a medical practice that is independent of Little Otter. For more information about the services Little Sloth provides to you through the App and how you pay for those services, scroll down. 

Little Sloth is a physician-owned medical practice that delivers services through the App, and Little Otter does not have any control over the clinical services your child receives. None of the healthcare providers delivering services through Little Otter are contracted or employed by us. Therefore, you should contact your child’s provider directly if you have a question or concern about your care. 

Little Otter does not provide professional healthcare services or medical advice and cannot be held liable for malpractice or substandard care delivered to you via the App.

What Are The App and Devices?

Section 1

The App is intended to provide a convenient platform for (1) parents/legal guardians of pediatric patients to use to schedule telebehavioral health visits for their children, allow their children to participate in telebehavioral health visits, and complete telebehavioral health assessments as prescribed by the patient’s healthcare provider and digitally transmit that information to the provider; (2) pediatric behavioral health providers to use to provide telebehavioral health services to pediatric patients. It is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation. 

User may access and use the App only in accordance with these Terms, and agrees to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy.

Devices

The App is intended to be used on an Apple smartphone or tablet or on any device that can access a web browser. We do not manufacture these devices nor will we provide them to User. 

What Does Little Otter NOT Provide?

Section 2

We do NOT provide medical advice

THE APP CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROFESSIONALS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

Notice to Parents/Guardians: 

  • If at any time User is concerned about User’s child’s care or treatment, or User believes or suspects or someone else advises User that User’s child has a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

  • Questions and information collected through the App are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments; the App and/or any data derived from the App are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

  • FURTHER, A PROVIDER’S OR RESEARCHER’S USE OF OUR APPLICATION IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER OR RESEARCHER BY US. THE MEDICAL ADVICE PROVIDED TO USER OR USER’S CHILD BY USER’S HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER OUR CONTROL, NOR DO WE PROVIDE IT TO USERS OR USE IT.

  • We do not confirm the credentials of any healthcare professional using the App. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the App in accordance with laws applicable to the practice of medicine. Users are responsible for separately confirming that a healthcare provider is in good standing with his or her respective licensing board(s) and exercising whatever other due diligence Users feel appropriate in selecting and maintaining User’s choice of healthcare professionals.

  • Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the App.

Notice to Healthcare Providers:

  • We are NOT an insurance billing company

While we provide a convenient platform for Users to track information that may allow Users to provide certain services that may or may not be reimbursable by federal or state health insurance payors, we are not billing experts and any information provided to Users with respect to billing is for informational purposes only and should not be relied upon or construed to guarantee reimbursement of any services.

Who Is Eligible To Use The App?

Section 3

User must register to create an account to use the App (“User Account”). To register, User must provide User’s name, User’s child’s name (if applicable), User’s email address, User’s zip code, a password, and other information specified in the registration form (“Registration Data”). User may change or correct information in User’s account by contacting Little Otter at help@littleotterhealth.com.  

 

Notice to Parents/ Guardians: User agrees not to register for a User Account on behalf of a child unless User is the child’s parent or legal guardian.

By registering for an account and using the App, User represents and warrants:

  1. That User is at least 18 years old and is otherwise legally qualified to enter into and form contracts under applicable law;

  2. User’s Registration Data is true, accurate, current, and complete;

  3. User is the legal parent or guardian of the child(ren) that that User authorizes to receive treatment through the App and will supervise User’s child(ren)’s visits as recommended by User’s child’s provider OR a healthcare provider providing treatment to pediatric patients on behalf of an organization authorized to use the Little Otter software;

  4. User has read, understands, and agrees to our Privacy Policy;

  5. User will update Users Registration Data as needed to maintain its accuracy; and

  6. User is not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and User is not listed on any U.S. Government list of prohibited or restricted parties.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE APP WHERE PROHIBITED BY LAW. USER UNDERSTAND THAT USER’S USE OF THE APP MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. USERS ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY USER’S WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM USER’S USE OF THE APP.

How Will We Tell User If We Change the App or These Terms?

Section 4

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, Little Otter, Inc. reserves the right to change or modify these Terms at any time without prior notice to User. If We materially change or modify these Terms, We will let User know by (1) posting a new version of the Terms to the application and (2) sending User a notification to the email address provided Us by User in the Registration Data. 

If User continues to use the Services after We have let User know that We have made changes, User agrees to be bound by the modified Terms. If User does not accept the changes, User should immediately stop using the Services and delete all files associated with the Services on their computer or mobile device.

Who Owns The App?

Section 5

Little Otter owns the App and all materials Users access through the App. Subject to User’s compliance with these Terms, Little Otter grants User a non-exclusive, non-sublicensable, revocable, non-transferable license to use the App by downloading and installing the Application on a personal mobile device. THE APP IS FOR USER’S PERSONAL AND NON-COMMERCIAL USE ONLY. User may not use the App for any other purpose than what is allowed under these Terms without Little Otter’s express written permission.

User may not use Little Otter’s name, trademarks, service marks, or logos, or those of third parties appearing on the App in any advertising or publicity or to otherwise indicate Little Otter’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Little Otter or such third-party.   

Parents/Guardians: User owns User/User’s child’s Personal Data (as defined in the Privacy Policy) and any other content collected from User/User’s child on or through the App. For Us to provide User with the App, User grants to Little Otter a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use User/Users child’s data for the purpose of providing the App, subject to the restrictions in the Privacy Policy. User also agrees to allow Little Otter to de-identify and anonymize User/Users child’s data, including without limitation, User/Users child’s personal health information, in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any lawful purpose.

App Store

If User downloaded the App from the Apple App Store or Google Plat Store (collectively, the “App Provider”), by agreeing to this Agreement, User acknowledges that User understands and agrees to the following:

  1. this Agreement is only between User and Little Otter, and not between User and the App Provider, and only Little Otter is responsible for the Applications (not the App Provider);

  2. the App Provider has no obligation to furnish any maintenance or support services with respect to the App;

  3. in the event of any failure of the Applications to conform to any applicable warranty, (i) User may notify the App Provider and the App Provider will refund the purchase price for the Applications to User (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;

  4. the App Provider is not responsible for addressing any claims User has or any claims of any third-party relating to the Application or User possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

  5. in the event of any third-party claim that the Application or User possession and use of the Application infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; and

  6. the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to User’s license of the Application. This means that, upon User’s acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to User’s license of the Applications against User.

The license granted to User in this Agreement is non-transferable and is for use of the Applications on any Apple products that User owns or controls.

What Is User NOT Allowed To Do With The App?

Section 6

Little Otter imposes certain restrictions on User’s use of the App. While using the App, Users shall not: 

  1. provide false, misleading or inaccurate information to Little Otter or any other User;

  2. impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity;

  3. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

  4. access content or data not intended for User, or log onto a server or account that User is not authorized to access;

  5. violate any applicable law or regulation;

  6. attempt to probe, scan, or test the vulnerability of the App, or any associated system or network, or breach security or authentication measures without proper authorization;

  7. interfere or attempt to interfere with the use of the App by any other User, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

  8. forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the App;

  9. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

  10. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Little Otter, User, or any other third party (including another User) to protect the App;

  11. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Little Otter in providing the App. Any violation of this section may subject User to civil and/or criminal liability; or

  12. encourage or enable any other individual to do any of the above.

Little Otter is not obligated to monitor User’s use of the App, but We may do so to ensure User’s compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. Little Otter reserves the right to suspend or terminate User’s use of the App without notice to User if User partakes in any of the prohibited uses described above.

Who Protects User’s Login Information?

Section 7

The App is designed to require each User to create a username and password to access and use the Services. User’s username and password are, collectively, User’s “User Credentials.” User is solely responsible for (A) maintaining the strict confidentiality of User’s User Credentials, (B) not allowing another person to use User’s User Credentials to access the Services, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under User’s User Credentials, regardless of whether User was aware of those activities. User agrees to immediately notify Us in writing by email of any unauthorized use of User’s User Credentials or any other compromise of the security of User’s User Account.

LITTLE OTTER IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF USER’S USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO USER’S PERSONAL DATA, USER’S DISCLOSURE OF USERS USER CREDENTIALS, OR THE USE OF USER’S USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER USERS WERE AWARE OF SUCH USE. 

How Does Little Otter Protect User Privacy?

Section 8

Little Otter respects the information User provides to us. Please see our Privacy Policy for an explanation of the information that we collect from Users and how we use that information. By accessing or using the App, or by downloading or uploading any content from or through the App, User acknowledges and agrees to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these terms. 

Parents/Guardians: 

By using the App and accepting these Terms, User acknowledges that Little Otter may share User’s child’s Personal Data with other Users, including Users child’s healthcare provider (if Users choose to allow this). We may share User’s child’s information with third parties as described in the Privacy Policy, and will seek User’s consent before doing so where required by law.   

We are not responsible for nor liable to User or any third-party for a third-party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.

Parents/Guardians:

Please be aware that Our Privacy Policy does not address how healthcare providers with whom User shares information collected, generated, or stored via the App may further use and disclose User or User’s child’s health information. User’s child’s healthcare provider’s Notice of Privacy Practices should be publicly available and is usually located on their website. Little Otter’s Privacy Policy does not apply to the collection, use, disclosure, or treatment of User’s Personal Data directly by any provider, clinician, researcher, caregiver, or other healthcare professional and/or entity. User expressly acknowledges and agrees that Little Otter is neither responsible for nor liable to User or any third-party for the treatment of User or User’s Child’s Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of User or User’s Child’s Personal Data, whether or not such treatment violates applicable law or the provider’s Notice of Privacy Practices. 

Computer Equipment and Internet Access

Section 9

Users are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for Users to access and use the App. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. Users are responsible for the data security of the Systems used to access the App and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or User’s Systems. 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND USERS EXPRESSLY ASSUME SUCH RISKS.

Consent to Electronic Communication

Section 10

By agreeing to these Terms of Service, you consent to Little Otter contacting you via phone, email, SMS, or other means for marketing and promotional purposes. This includes, but is not limited to, updates about our services, special offers, newsletters, and other information that may be of interest to you. You can choose to opt out of receiving these marketing communications at any time by following the unsubscribe instructions provided in the communications or by contacting our team at help@littleotterhealth.com.

  1. Consent to Electronic Communication

    1. When you provide your email address or phone number, initiate a text message to Little Otter, give your verbal consent over a phone call, or opt-in through any other means, you are giving your consent to receive electronic communications from Little Otter. The scope of these communications is broad and encompasses various aspects of our business operations. They may include but are not limited to regular updates about our products and services, specific details about your appointments, notifications related to your account status, billing information and procedures, newsletters providing comprehensive news and updates about our company, promotional materials offering exclusive deals and discounts, and any other relevant information that pertains to our products and services. We aim to keep you well-informed and updated about every aspect of our business relationship through these communications.

  2. Email Communication

    1. In using the App, User may receive periodic email communications regarding the App, new product offers and information regarding the App, which are part of the App and which User cannot opt out of receiving. User may also receive periodic promotions and other offers or materials We believe might be of interest to User. User can opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each newsletter.

  3. SMS Communication:

    1. By providing your mobile phone number, you are giving consent to Little Otter to send you SMS messages. The frequency of these messages may vary depending on a variety of factors. These messages can include account updates, appointment notifications, sales, promotions, and or other relevant information. However, if at any point you wish to stop receiving these messages, you have the option to opt-out. Opting out is as easy as replying with the word "STOP" to any of the messages you receive. Furthermore, if you require any kind of assistance, whether it's related to the messages or any other service, you can get help by replying with the word “HELP” to any message. Additionally, if you require further assistance or if replying via SMS isn't a feasible option for you, you can also reach out to us via email. Our support team is readily available at help@littleotterhealth.com and they are more than happy to assist you with your needs.

    2. Message and Data Rates: Please note, by subscribing to SMS communication, you assume full responsibility for any potential message and data rates that may apply. These charges are incurred upon receiving SMS communications from Little Otter. We advise checking with your mobile service provider for details on specific fees and charges that may apply to you.

  4. Phone Communication:

    1. By providing your phone number and using our services, you consent to receive marketing calls from us. This includes information about our products, services, promotions, and other updates that may be of interest to you. Our marketing calls are intended to: Inform you about new features, products, or services. Provide special offers and promotions. Gather feedback to improve our offerings and customer experience.

    2. Opt-Out Option: You have the right to opt out of receiving marketing calls at any time. You can manage your preferences by: Requesting to be removed from our calling list during a call, informing our representative during the call that you do not wish to receive future marketing calls. Or you can contact us directly at help@littleotterhealth.com and request the removal of your phone number from our marketing call list.

  5. Data Security

    1. We prioritize the security of your information. Your email address and phone number will be used only for the purposes stated in these terms and conditions and will not be shared with third parties without your consent. You can view Little Otter’s Privacy Policy here

    2. By subscribing to electronic communication you acknowledge that digital communications sent over unencrypted networks may not be completely secure, and there may be the potential for such communications to be accessed in storage or during transmission. Little Otter can not guarantee security of networks that we do not control. This includes the internet, and any wireless networks in which information may be transferred to Little Otter.

  6. Opting Out

    1. You have the right to opt-out of electronic communication, email, and SMS at any time. You can opt-out of SMS communication at any time by replying with "STOP" to the received messages. You can also receive assistance by replying “HELP” at any time. You can also contact help@littleotterhealth.com for further assistance.

  7. Changes to Terms and Conditions:

    1. Little Otter, as a proactive and transparent organization, maintains the full authority and right to periodically update, modify, or otherwise change these terms and conditions as deemed necessary or appropriate. This could be due to a variety of reasons including changes in legal requirements, technological advancements, or changes in our services. We want to ensure that our terms and conditions are always up-to-date and accurately reflect the way we do business. As part of our commitment to communication and transparency, we will notify our users of any significant changes to these terms and conditions. This notification will be done through our official website or by sending an informative email to the address provided by the user. So, we recommend checking our website regularly and ensuring that your email address on file with us is current and accessible.

  8. Contact Information:

    1. Should there be any queries, uncertainties, or concerns that you may have regarding the terms and conditions laid out herein, we encourage you to reach out to us without hesitation. Our dedicated and professional customer service team is always ready to assist you. You can easily get in touch with us by sending an email to our official address, which is help@littleotterhealth.com. We are committed to providing you with clear information and resolving any issues you may have to ensure your satisfaction.

Third Parties and Third-Party Sites

Section 11

Certain areas or features of the App may provide links to websites or applications that are not Little Otter websites or applications (collectively, “Third-Party Sites”). User acknowledges and agrees that the Third-Party Sites may have different privacy policies, terms of service, user guides and/or business practices (collectively, “Third-Party Rules”) than Little Otter, and that Users use of such Third-Party Sites is governed by the respective Third-Party Rules not Ours. Little Otter provides links to Third-Party Sites to Users as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites. 

USER AGREES THAT LITTLE OTTER WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USERS USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference in the App to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Little Otter’s endorsement or recommendation. 

User Representations and Warranties

Section 12

User represents and warrants that User’s use of the App will be in accordance with these Terms and all applicable laws, regulations, rules, and Little Otter policies and procedures. Specifically, USER REPRESENTS AND WARRANTS THAT USER IS LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.

Warranty Disclaimers & Limitation of Liability

Section 13

NO WARRANTIES

THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LITTLE OTTER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LITTLE OTTER MAKES NO WARRANTY THAT THE APP WILL MEET USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LITTLE OTTER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APP, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPOR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LITTLE OTTER OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

USER IS SOLELY RESPONSIBLE FOR ALL OF USER’S COMMUNICATIONS AND INTERACTIONS WITH THE APP AND WITH OTHER PERSONS WITH WHOM USER COMMUNICATES OR INTERACTS THROUGH THE APP, INCLUDING WITHOUT LIMITATION HEALTHCARE PROVIDERS AND AUTHORIZED THIRD PARTIES. USER UNDERSTANDS THAT LITTLE OTTER DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USER OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS, NOR DOES LITTLE OTTER VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USER OF THE APP. LITTLE OTTER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP, INCLUDING, WITHOUT LIMITATION, PROVIDERS AND/OR CLINICIANS.

LITTLE OTTER CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. LITTLE OTTER CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS USER’S RESPONSIBILITY TO BACKUP ANY INFORMATION USERS ENTER INTO THE APP.

LIMITATION OF LIABILITY

USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF USER’S ACCESS TO AND USE OF THE APP REMAINS WITH USER. NEITHER LITTLE OTTER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR OTHER PERSONS WITH WHOM USER COMMUNICATES OR INTERACTS AS A RESULT OF USER’S USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LITTLE OTTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF USER IS DISSATISFIED WITH THE APP OR THESE TERMS, USER’S ONLY REMEDY IS TO DISCONTINUE USING THE APP. USER ACKNOWLEDGES THAT IF USER USES THE APP DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT USER’S SOLE RISK. LITTLE OTTER IS NOT LIABLE TO USER OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE APP. LITTLE OTTER IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. IN SUCH STATES, LITTLE OTTER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Indemnification

Section 14

User agrees to indemnify, defend and hold harmless Little Otter, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with User’s access to or use of App, User’s violation of these Terms or any negligent or wrongful conduct by User or related to User’s account by User or any other person accessing the App through User’s account, regardless of whether User was aware of such use.

How Can User Provide Us With Feedback?

Section 15

We welcome and encourage User to provide feedback, comments, and suggestions for improvements to the App (“Feedback”). User may submit Feedback by emailing Us at help@littleotterhealth.com. User acknowledges and agrees that if User submits any Feedback to Us, User hereby grants to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that User owns or controls to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

How Can User’s Account Be Terminated?

Section 16

If User breaches any of these Terms, we may suspend or disable User’s account or terminate User’s access to the App without prior notice to User.  There may be other instances where We may need to terminate User’s access to the App that are not related to any of User’s actions or inactions.  We reserve the right to terminate User’s access to and use of the App and materials at any time, with or without cause.  

If User wishes to terminate User’s account, please contact Little Otter at help@littleotterhealth.com, immediately discontinue User’s use of the App, and delete all files associated with the App from User’s computer or mobile device.

Arbitration Agreement

Section 17

User agrees that any dispute between User and Little Otter arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address User’s concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Arbitration Agreement section may be modified by written agreement between User and Little Otter.

Before filing a claim against Little Otter, User agrees to try to resolve the dispute informally by contacting help@littleotterhealth.com. We will try to resolve the dispute informally by contacting User through email. If a dispute is not resolved within 15 days after submission, User may bring a formal proceeding, as outlined below.

In the event of any controversy or claim arising out of or relating to these Terms or a breach of these Terms, User must first attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association (“AHLA”).

User shall, in writing, join Little Otter in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If User and Little Otter cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either User or Little Otter shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations. In which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. User and Little Otter agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by User, one (1) is selected by Little Otter, and the third (3rd) is selected by mutual consent of User and Little Otter. If User and Little Otter cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

User and Little Otter shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Exceptions to Agreement to Arbitrate: Little Otter may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

USER MAY ONLY RESOLVE DISPUTES WITH LITTLE OTTER ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS OF SERVICE.

Notwithstanding the above, User can decline or “opt out” of the alternative dispute resolution process described above by contacting privacy@littleotterhealth.com within 30 days of first accepting these Terms and stating that User (first and last name) declines this dispute resolution process.

USER UNDERSTANDS AND AGREES THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, USER WAIVES ANY RIGHT TO JURY TRIAL TO WHICH USER MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE.

If User opt-outs of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, User hereby submits to the exclusive jurisdiction of any state or federal court sitting in the State of California within twenty-five (25) miles of San Francisco, California in any legal proceeding arising out of or relating to these Terms. User agrees that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and User hereby waives any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

General Contract Terms

Section 18

These Terms, the Privacy Policy, and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between Little Otter and User regarding the App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Little Otter and User regarding the App.

GOVERNING LAW

These Terms shall be governed by the laws of the State of California without reference to its conflict of laws provisions. 

ASSIGNMENT

User may not assign or transfer these Terms, by operation of law or otherwise, without Little Otter’s prior written consent. Any attempt by User to assign or transfer these Terms, without such consent, will be null and of no effect. Little Otter 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.

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Little Otter via email (in each case to the address that User provides); and/or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted.

GENERAL

The failure of Little Otter to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Little Otter. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

CONTACTING LITTLE OTTER

Please feel free to contact Us with any questions about the Terms of Service and/or any other documents referenced herein. User may contact Us at privacy@littleotterhealth.com, or at our mailing address:

Little Otter, Inc.

660 4th St, 168, San Francisco, CA, 94107

DATA SECURITY OFFICER:

Cameron Gatling

cameron@littleotterhealth.com

 

Little Sloth Healthcare, P.C. Healthcare Services and Payment Terms

Little Sloth Healthcare, P.C. (“Little Sloth”) has partnered with Little Otter to allow us to provide you and your family with high-quality virtual behavioral health services. 

  1. Our Services. Little Sloth provides the following services:

    1. Mental Wellness Check-ups and Software Access. We offer mental wellness check-ups for your child and access to the Little Otter software to allow us to communicate with you and your child and help you stay up to date on your child’s treatment.

    2. Parent Specialist Services. Little Sloth offers trained parenting specialists to help you set and work toward long term and immediate goals, identify your family’s strengths and needs, help you track your family’s progress, and provide you with appropriate resources to help you through your child’s treatment.

    3. Virtual Therapy. Virtual visits between your child and a licensed therapist who provides treatment through talk therapy.

    4. Virtual Psychiatry. Virtual visits between your child and a licensed psychiatrist to determine diagnoses and write prescriptions as needed.

  2. Fees.

Virtual Therapy $195 per 30-minute session. Virtual Psychiatry $250 per 30-minute session. Parent Specialist Services $110 per 30-minute session. Assessment $390. Assessment Bundle $527. Safety + Assessment $390. 4 Therapy Session Bundle $702. 8 Therapy Session Bundle $1,326. 12 Session Bundle $1,989.

  1. Payment. Little Sloth accepts payment via credit or debit card. Payment for software access is due at the time of purchase and payment for Parent Specialist Services, Virtual Therapy, and Virtual Psychiatry is due at the time of your visit. If you choose to save your payment information to your account, you authorize Little Sloth to charge the card you keep on file for any payment you owe us when due. You also authorize Little Sloth to charge the card you keep on file in the event that you fail to pay us amounts owed when due. We pledge to keep your credit card information confidential and secure, and to provide you with a confirmation of any charges, as a receipt, against your card via email.

    1. Terms. By saving your payment information in your account, you agree to abide by all of the terms and conditions contained in your applicable cardholder agreement. You certify that the payment information you provide is accurate and complete, and that, upon the cancellation or expiration of your saved payment method, you will provide a new card to be kept on file within five (5) days of the effective date of the deactivation or expiration. You further certify that you have the authority to authorize Little Sloth to charge the payment method you share with us. You may terminate your authorization at any time but must do so by updating your payment information in your account settings.

  2. Promotional Material. Little Sloth may, from time to time, ask you to provide a testimonial about your experience as a Little Sloth patient (“Testimonial”) and we may share or publish your Testimonial for marketing or other purposes. Before sharing, we will anonymize your Testimonial, which may include using your initials or your first name only, unless you give us permission to share your identity. You represent and warrant that any Testimonials that you make will be correct, accurate, and truthful. Further, by providing a Testimonial you license to Little Sloth the right to use the Testimonial to broadcast, distribute, and exhibit in any form, now or later developed, including publications for promotion on website entries and social media sites. You irrevocably and permanently waive any right to royalties or other compensation arising from or related to our use of your Testimonial, first name, or initials.