TERMS AND CONDITIONS (PRACTITIONER)

Last updated January 24, 2024

Welcome to HandCraft Health!

By accessing our services through our website https://www.handcraft.health (the “Site”) and our mobile application Handcraft Health (the “App”), you agree to these Terms & Conditions. These terms govern your use of our services, so please read them carefully.

We are Helioscript Inc., doing business as HandCraft Health (“Company,” “we,” “us,” “our“). 

We operate the Site and App, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Handcraft Health, concerning your access to and use of the Services.

1. Acceptance of Terms

By using our services (website, app, etc.), you agree to these terms. If you don’t agree, do not use our services.

2. Changes to Terms

We might update these terms occasionally. We’ll let you know by updating the date at the top of this page. Keep checking in to stay updated.

3. Who Can Use Our Services

You need to be at least 18 years old to use or register for our services. Persons under the age of 18 are not permitted to use or register for the Services.

4. Using Our Services 

Our services, including all the information we provide, are not meant for use in places where they would break local laws or require us to register with local authorities. If you choose to use our services from a location outside of our intended area, it’s up to you to make sure that you’re not breaking any of your local laws by using our services.

5. Our Services and Your Role as a Healthcare Practitioner:

You, as a health professional, can use our services to recommend products to your patients. We value your expertise and trust you to make recommendations in accordance with your professional standards. By using our Services to recommend Handcraft Health Products to your Patients, you hereby warrant that you are acting in accordance with all licensing and ethical standards applicable to you as a Health Professional by Governmental Authorities, professional organizations, or other regulating entities with jurisdiction over you as a Health Practitioner.

6. Business Associate Agreements (BAAs):

If you’re a US health professional, using our services, you’re recognized as a Covered Entity under HIPAA. And we are your Business Associate. We are committed to ensuring the confidentiality, integrity, and security of Protected Health Information (PHI) we receive, maintain, or transmit on your behalf.

BAA Key Provisions:

  • Use of PHI: We’ll use PHI (patient name, address, association with you, and item recommended) for fulfilling orders and AI analysis for service improvement.
  • Safeguards: We’ll implement physical, administrative, and technical safeguards to protect PHI.
  • Subcontractors: Any subcontractors we use will also be bound by a BAA to ensure the protection of PHI.
  • Reporting: We’ll report any PHI breaches to you without undue delay.
  • Termination: Upon termination of our services, we’ll return or destroy all PHI if feasible, or continue to protect it.
  • Inspection: We’ll make our practices available to you or the Secretary of Health and Human Services to determine compliance with HIPAA.

By agreeing to these Terms & Conditions, you also agree to the BAA terms here. This BAA is part of our commitment to respecting and protecting patient privacy and abiding by all applicable laws.  

Link to the BAA:
https://www.handcraft.health/baa/

7. Health Practitioner Product Recommendations and Distributions:

As a registered Practitioner using our services, you have the option to make product recommendations through your practitioner account. We reserve the right to charge and collect additional fees from the Patient, which may include but are not limited to, shipping fees, handling fees, and restocking fees. These fees will be disclosed to the Patient at the time of purchase.

  • Practitioner Product Recommendations:

When you recommend products on our platform, you have the option to add a service fee to compensate you for your expertise and services related to product recommendations.

  • Pre-Packed Product and Custom Wellness Formulation Service Fee Allowances:
    • For pre-packed products, you can add extra service fees up to the retail price. 
    • For custom wellness products, you can go up to 2000% over the base price. Just keep it reasonable, okay?”
  • Payment and Service Fee Distribution:

You’ll get your service fees 30 days after your patient gets the product, assuming they don’t return it. If there’s a chargeback or failed payment, and you’ve already been paid, you’ll need to return that money to us. Or, we might adjust your future payments to cover it.

  • Modifications to Service Fees:

We might change the service fees or product prices sometimes. We’ll let you know through the platform, and it’s up to you to stay updated with these changes.

8. Account Responsibility:
Your account is your kingdom. Make sure your product recommendations and service fees are accurate. Stay on top of any changes to your contact info or credentials. It’s all part of keeping things running smoothly.

Keep your account details safe. You’re responsible for all activity on your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

9. Health Content and Third-Party Products

Our health content is for informational purposes only, not medical advice. We are not responsible for third-party products sold through our service.

10. Our Stance on Practitioners’ Expertise

We don’t guarantee or make any promises about the qualifications or skills of the healthcare practitioners providing services or advice on or through our site. 

11. Links to Other Sites and Content

Our services might include links to other websites or content that’s not ours (we call this “Third-Party Websites” and “Third-Party Content”). 

  • We don’t check these third-party sites and content for accuracy or appropriateness, and we’re not responsible for them. This includes what they say, how reliable they are, or their privacy practices. Just because we link to them doesn’t mean we endorse them.
  • If you choose to visit these third-party sites or use their content, our terms and protections don’t apply there. Be sure to read their own terms and privacy policies. 
  • If you buy something from these third-party sites, that’s between you and them, not us. 
  • You understand that we don’t back the products or services on these third-party sites.  
  • You agree not to hold us responsible for any problems or losses you might face from dealing with these third-party sites or their content.

12. Products for Purchase

We list prices and product details on our site. These might change. We’ll charge the price listed at the time of order. We try our best to show you the products (like their colors and features) as clearly and accurately as we can on our website and app. But we can’t promise that everything (like the colors or details) you see on your screen will be perfectly accurate or without errors. Sometimes what you see on your screen might look a little different from the actual product, for example when the manufacturer changes their label. Also, we can’t always guarantee that every product will be in stock when you want it. 

Our Right to Manage Orders

  • We can refuse, limit, or cancel any orders you place with us. This might happen if we think the order looks like it’s for reselling or isn’t for our agreed uponl use.
  • We might limit how much you can buy, either per order or per customer.

13. Third-Party Manufacturer’s Warranty and Disclaimers

We don’t make or have control over the products made by other companies (third parties) that we list on our site. Just because you can buy these products through our site doesn’t mean we have a special connection with them or that we recommend them. We don’t give any guarantees or warranties for these third-party products.

Manufacturer Warranties: Each product you buy through our site should come with its own warranty from the manufacturer. You can find details about this warranty in the product description on our site or with the product itself.  We are not responsible if a manufacturer doesn’t follow through on their warranty promises. This means if a product is defective or if the manufacturer doesn’t honor the warranty, we can’t be held accountable for any related issues or damages.

14. Shipping and Returns

For details on how we ship products and handle returns, check our Shipping and Return Policy.

15. How You Can Use Our Services

Use our services responsibly and within the law. Don’t try to harm our service or steal our content.

Here’s a list of don’ts (like hacking or harassing others). Please follow these rules to keep HandCraft Health a great place for everyone. Breaking these rules can lead to being banned from using our services. 

  • Don’t use our services for your own business or other than for its intended purpose unless we’ve given you the go-ahead.
  • Don’t collect or use data from our services to make your own database or list without our permission.
  • Don’t trick or mislead us or other users, especially to get sensitive information like passwords.
  • Don’t mess with our security features.
  • Don’t talk badly about us or harm our service.
  • Don’t use info from our services to bother, hurt, or harm someone else.
  • Don’t misuse our help services or lie in reports of bad behavior.
  • Always follow laws and regulations when using our services.
  • Don’t frame or link to our services without permission.
  • Don’t send viruses or harmful code. No spamming or sending repetitive messages, either.
  • Don’t use bots, scripts, or data-mining tools on our services.
  • Don’t remove any copyright or ownership notices from our content.
  • Don’t pretend to be someone else or use someone else’s username.
  • Don’t send or use spyware or similar tools.
  • Don’t overload our services or connected networks.
  • Don’t harass our team.
  • Don’t try to get around any restrictions or security on our services.
  • Don’t copy or change our service’s software.
  • Don’t reverse-engineer our software.
  • Don’t use automated systems or unauthorized scripts with our services.
  • Don’t use agents to make purchases on our services.
  • Don’t use our services to compete with us, for unauthorized business activities, or to create user accounts under false information.
  • Don’t advertise or sell things using our services unless allowed.

16. Your Submissions

If you submit questions or share ideas or feedback with us, we can use them without paying you. Also, make sure you have the right to share this content with us. You agree that we own this submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

17. Intellectual Property

Everything you see or use in our services, like the code, database, how it works, the design, any audio or video, text, pictures, graphics (we call all of these “Content”), and also the trademarks, service marks, and logos (we call these “Marks”) are either owned by us or we have permission to use them.

All this Content and the Marks are legally protected by copyright and trademark laws, as well as other rules about intellectual property and fair competition. These laws apply not just in the United States, but in many places around the world.

No copying, sharing, or using our content for business without our written permission. To use our content in ways not covered here, contact us at support@handcraft.health.

We keep all rights not specifically granted. Misusing our content or trademarks can lead to immediate termination of your access to our services.

18. Managing Our Service

We might need to delete content or block access to keep our service safe and compliant with laws. We reserve the right, but not the obligation, to: 

  • Keep an eye on how our services are used to check if anyone is breaking these terms.
  • If we think you’re breaking the law or our terms, we can take legal steps against you. This could include telling the police about what you’re doing.
  • We’ll run our services in a way that protects our legal rights and properties, and ensures everything works smoothly.
  • We can, at our decision, refuse, limit, or remove any content you contribute if we think it’s necessary.

19. Privacy

When you use our services, you’re agreeing to our Privacy Policy. You can read it here: https://app.termly.io/document/privacy-policy/34f77e6e-4e85-490e-9f69-782a60553357.

Our services are based in the United States. This means if you’re using our services from somewhere else, your data will be sent to and handled in the U.S. 

If the rules about data in your country are different from those in the U.S., by continuing to use our services, you’re okay with your data being in the U.S. and being handled according to U.S. laws, and you expressly consent to have your data transferred to and processed in the United States.

HIPAA Compliance: Unless otherwise permitted by applicable law, each party to this Agreement shall not use or disclose information concerning patients (“Protected Health Information”) in violation of the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA” and The Health Information Technology for Economic and Clinical Health (“HITECH”), each as amended. Each party agrees to use their best efforts to comply with HIPAA and HITECH, including the implementation of all necessary safeguards to prevent such disclosure and the assurance that any subcontractors or agents to whom either party provided Protected Health Information agree to the same restrictions and conditions imposed on the parties hereto under HIPAA and HITECH. 

20. Use of Your Data for AI Purposes

We use artificial intelligence (AI) to improve our services. This means your data might be analyzed by our AI systems. By using our services, you’re agreeing to let us use your data in these ways. We do this to make our services better and more secure for everyone.

While there are many ways in which we can utilize AI, some examples of AI use are: 

  • Personalization: Our AI might use your data to customize your experience, like recommending products or services that fit your interests.
  • Improving Our Services: We use AI to analyze how our services are used, which helps us make them better for you.
  • Security: AI helps us spot and stop security threats, protecting your data and our services.
  • Customer Support: Sometimes, our AI assists in handling customer service inquiries, making responses quicker and more helpful.
  • Streamlined Delivery and Operations with Logistics: We analyze your data to optimize shipping routes, delivery times, and manage inventory, ensuring a smoother transaction and delivery process.
  • This analysis will only include non-PHI data unless otherwise agreed under HIPAA regulations.

21. Dispute Resolution If There’s a Problem

Settling Disputes Without Going to Court

This dispute resolution process is a big part of our agreement. If you use our services, you’re agreeing to this way of solving any Disputes.

First Try to Talk It Out: If there’s a disagreement (we’ll call this a “Dispute”) about these terms, we both agree to try to resolve it informally first. We should try this for at least 30 days. This means before taking legal action, we send each other a written notice explaining our side and then try to work it out, possibly through a meeting.  

Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within 30 days after delivery of the notice, the executives of both parties shall meet at a mutually acceptable time and place.

Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the first meeting of executives described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.

All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this Paragraph.

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.

Arbitration Instead of Court: If we can’t resolve our Dispute informally, we agree to resolve it through arbitration, not in court. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. 

This means:

   – The arbitration will happen in New York, New York.

   – It will be handled by three arbitrators using the JAMS rules.

   – The decision made by the arbitrators is final and can be enforced in court if necessary.

   – You won’t be able to bring or join a class-action lawsuit or arbitration.

Binding Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In any arbitration arising out of or related to this Agreement, the arbitrators may not award any incidental, indirect or consequential damages, including damages for lost profits.

The Parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to this Agreement.

In any arbitration arising out of or related to this Agreement: 

  1. Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond. 
  2. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion. 
  3. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion. 
  4. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Going to Court if Needed: If arbitration isn’t allowed for some reason, any legal action has to happen in New York. We both agree to this location and the use of New York courts.

22. Limitation of Liability

We, our directors, employees, and agents, won’t be responsible (“liable”) for any kind of damages you or others (any third party) might experience related to our services. This includes all sorts of losses such as but not limited to:

  • Money you expected to earn (lost profits)
  • Sales or revenue you lost
  • Loss of data
  • Other similar damages, whether we knew they could happen or not.

Our Financial Responsibility to You Is Limited. If, for some reason, we are found to be liable to you, the most we would have to pay you will be limited to the amount you’ve paid us for our services.

Laws That Might Change These Terms. In some places, laws don’t allow companies to set these kinds of limits on their liability. So, if those laws apply to you, some or all of these limits might not apply to you. You might have more rights under those laws.

23. Electronic Communications and Agreements

When you use our services, email us, or fill out online forms, that’s all considered electronic communication.

  • You’re okay with getting messages from us electronically, like emails or notices on our website.
  • You agree that these electronic communications meet any legal rules that normally require written documents.
  • You’re also fine with using electronic signatures, contracts, orders, and records for your transactions with us.
  • You’re giving up any legal claim to having these communications in a non-electronic format or needing an ‘ink’ signature. This means you accept electronic ways of doing business as legally binding.

24. About These Terms

These terms, including the integrated BAA, represent our entire agreement with you. If part of these terms isn’t enforceable, the rest still apply.

Contact Us

Got questions or feedback? 

support@handcraft.health

Handcraft Health

125 S. Lexington Ave.

Suite 101

Asheville, NC 28801

Phone: (+1) 303-335-9779

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