Terms of Service and Privacy Policy

Last updated: April 22, 2025

Terms of Service

The SmartMed Today website, along with its web applications, mobile applications, and other informational services (collectively referred to as the “Services”), is provided to you through SmartMed Today Solutions, LLC (“SmartMed Today”) under the conditions outlined in these terms and conditions, which include the SmartMed Today Privacy Policy mentioned here (the “Terms”). By accessing these Services, you agree to comply with and be bound by these Terms. We may update our Services, these Terms of Service, and our Privacy Policy at any time. We recommend that you check our site and apps periodically for any updates. Your ongoing use of our Services indicates your acceptance of any changes.

Eligibility and Registration

You might qualify to access our or affiliated partners Services if you, your healthcare provider, health insurance plan, employer (or the employer of the individual through whom you obtain your healthcare coverage), or a similar organization has contracted or purchased our Services and directed us to offer them to you. We refer to these organizations collectively as Your Health Partner.

Before using our Services, you must complete a registration process. This involves providing us with specific personal information and selecting a password. You agree that all information you provide during registration and while using our Services is accurate and complete, including your preferences regarding receiving any email, text, or other digital notifications related to the Services. You also commit to keeping your information updated and acknowledge that we can store and utilize this information to provide you with our Services.

You bear full responsibility for keeping your password confidential. You agree to notify us immediately if you suspect any unauthorized use of your password or account or any security breaches. We will not be held responsible for any losses arising from someone using your password or account, with or without your consent, or for any inaccuracies or omissions in your provided information.

Permitted Use of Our Service

By accessing and utilizing our or affiliated partners Service, you consent to abide by these Terms of Service for personal, non-commercial purposes only, and you agree not to share your access rights with others. Your ability to use our or affiliated partners Service is dependent upon your acceptance of these Terms of Service.

Restrictions On Use of Our Service

You agree that all your activities while using this Service will be appropriate and relevant to its intended use. For instance, you agree not to: (a) post, transmit, or share any content that is illegal, infringing, misleading, deceitful, threatening, libelous, defamatory, plagiarized, false, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic, or profane. Additionally, you will not send spam or share material that could lead to criminal behavior, civil liability, or violate any applicable laws or the rights of others; (b) attempt to access other users' accounts on our Service; (c) translate, alter, or create derivative works from our Service; (d) upload, download, reproduce, display, perform, post, or copy our Service except as allowed by these Terms of Service; (e) disclose, publish, distribute, sell, assign, lease, sublicense, market, or transfer our Service; (f) try to derive the source code, source files, or structure of the software within our Service through reverse engineering, disassembly, decompilation, or similar methods; (g) utilize our Service to set up a service bureau or for processing data on behalf of others; (h) use our Service in violation of applicable laws; (i) introduce any type of malware, including viruses, worms, or Trojan Horses, into our Service; (j) employ deep links, web scraping, web crawling, robots, spiders, or similar automated tools to interact with our Service in any way; (k) engage with our Service in a manner that could damage, disable, overload, or impair it or interfere with others' use; (l) acquire or attempt to acquire content through means not intentionally provided by our Service; or (m) use any logos, trademarks, service marks, or any other identifiers found on our Service.

Copyrights, Trademarks And Other Proprietary Rights

We, along with our licensors, hold all rights of ownership in this Service. By accessing or using this Service, you do not obtain any ownership or licensing rights. The complete content of this Service—comprising text, design, software, photography, videos, graphics, music, sounds, and the way they are selected, coordinated, arranged, and enhanced—falls under the protection of copyright laws in the United States, international treaties, and various other intellectual property statutes.

Links

The Services may include links to additional resources provided by third parties. Since SmartMed Today does not govern these external resources, you recognize and agree that SmartMed Today is not liable for the availability of these external sites and does not endorse or assume responsibility for any content, advertisements, products, or other materials accessed through such resources.

Monitoring

We might monitor our Service electronically and could share any information, records, or electronic communications in accordance with our Privacy Policy.

Risk Assumptions

By using the services, you acknowledge and accept all associated risks. You, along with your personal representatives and heirs, voluntarily agree to release, waive, discharge, defend, indemnify, and hold harmless SmartMed Today, along with its officers, directors, employees, agents, affiliates, representatives, sub-licensees, successors, partners, and assigns from any and all claims, actions, or losses. This includes bodily injury, property damage, wrongful death, emotional distress, loss of benefits, or any other damages or harms that may arise from your use of the services, whether directed towards you or to third parties.

Disclaimer of Warranties and Liability

The information, software, products, services, and content provided through the Service are offered to you on an "as is" basis and without any warranties. SmartMed Today, along with its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, disclaims all warranties regarding this information, software, products, services, and content. This includes, but is not limited to, all implied warranties and conditions related to merchantability, fitness for a specific purpose, title, and non-infringement. SmartMed Today and its associated parties do not guarantee that: (a) the Service will satisfy your needs; (b) the Service will function without interruptions, be timely, secure, or error-free; (c) any results obtained from using the Service will be accurate or reliable; (d) the quality of any products, services, information, or other materials you buy or obtain through the Service will meet your expectations; or (e) any errors within the services will be rectified.

You acknowledge that SmartMed Today or affiliated partners is not providing medical guidance through the Service, even if there are health and medical information professionals accessible via the platform. The Service is not a substitute for professional medical advice from your doctor or other healthcare providers. Using the Services does not establish a doctor-patient relationship between you and SmartMed Today. You understand that your daily actions, which may generate the content you choose to post or attempt to post on the Services, carry inherent risks, and you willingly accept all known and unknown risks associated with those actions.

You agree to release SmartMed Today, along with its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors (collectively referred to as the "released parties"), from any and all liabilities related to your actions.

Exclusive Remedy

If you are not satisfied with our Service (including these Terms of Service), the only option available to you is to stop using our Service.

Limitations On Liability

Regardless of any other provisions within these terms of service or applicable regulations, to the fullest extent allowed by law, we and our licensors shall not be responsible for any loss or corruption of data or content, nor for any special, indirect, incidental, exemplary, or consequential damages of any kind that may result from your use of our service or any related matters addressed in these terms of service. This applies even if we have been informed of or could have anticipated the potential for such damages.

Indemnification

You agree to protect and defend SmartMed Today, along with its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors, from any claims or demands, including reasonable attorneys' fees, made by any third party as a result of your use of the Services, your connection to the Services, your breach of the Terms, or your infringement of anyone else's rights.

Termination

We retain the right, at our discretion and without prior notice, to suspend or terminate your account or restrict your access to any part of our Service or benefits offered, if (i) you do not adhere to these Terms of Service, (ii) you provide false or misleading information, (iii) you no longer meet the eligibility criteria set by Your Health Partner, or (iv) Your Health Partner stops obtaining services from us. You acknowledge that upon termination of your account, we may promptly deactivate or remove your account along with all associated information, restrict your access to that information and our Service, and disable your password. Any provisions in these Terms of Service that imply ongoing obligations will remain in effect even after the Agreement ends for any reason.

Applicable Laws

We retain the right, at our discretion and without prior notice, to suspend or terminate your account or restrict your access to any part of our Service or benefits offered, if (i) you do not adhere to these Terms of Service, (ii) you provide false or misleading information, (iii) you no longer meet the eligibility criteria set by Your Health Partner, or (iv) Your Health Partner stops obtaining services from us. You acknowledge that upon termination of your account, we may promptly deactivate or remove your account along with all associated information, restrict your access to that information and our Service, and disable your password. Any provisions in these Terms of Service that imply ongoing obligations will remain in effect even after the Agreement ends for any reason.

General

If any part of these Terms is found to be unenforceable, the other provisions will continue to be in effect. A waiver of any breach of a provision does not constitute a waiver of that provision itself. These Terms represent the complete and exclusive agreement between you and us regarding your access to and use of our Services, and we reserve the right to modify them at any time. Any rights not explicitly granted here are reserved.

Contact Us

If you have any inquiries about these Terms, feel free to reach out to us via email at support@smartmedtoday.com

Privacy Policy

This is the Privacy Policy for SmartMed Today Solutions, LLC It is relevant to all users of our Services. We encourage you to read this Privacy Policy, which outlines how SmartMed Today Solutions, LLC (“SmartMed Today,” “we,” “our,” or “us”) collects and manages your information. collects, uses, protects and under what circumstances discloses your information.

Why Do We Collect Information About You?

We or affiliated partners gather information about you to evaluate your eligibility for our Services, deliver our Services to you, and customize our Services according to your needs. The information collected may include personal details such as your name and gender, as well as data about your ongoing health behaviors (like nutrition, physical activity, and sleep) and specific metrics related to your health (including height/weight, blood pressure, heart rate, etc.). We utilize the information obtained from you to personalize our products to align with your specific needs, preferences, and goals.

What Services Do We Provide?

We offer eligible individuals access to information and tools that are intended to assist you in achieving and maintaining optimal health. Our services are provided through devices connected to the internet, including computers, smartphones, and tablets. Your Health Partner decides on the particular set of features that you can access, and not every feature is available to all eligible individuals. Some examples of features that may be part of your program include: (a) the ability to import, self-report, and monitor health-related habits, behaviors, and measurements; (b) the ability to link activity tracking devices and applications, smartphones, remote medical tools, and other measurement devices; (c) the ability to connect with, engage, and share information with others if you wish, which may include healthcare professionals, family members, or others; (d) the ability to receive metrics, notifications, suggestions, and feedback based on the information you have provided and your interactions with others (if any); (e) the ability to establish goals, set reminders, and create challenges.

Where Do We Get Information About You?

We gather information about you from multiple sources. (a) You: Information that you provide directly into the Services or through a connection with an authorized third-party device, application, or source. (b) Your Health Partner: If you access the Services through Your Health Partner, they may supply personal data that could include your name, email address, other unique identifiers, and information on your relationships with other program participants (e.g., spouse). Depending on the options selected by Your Health Partner, we may gather medical or pharmacy-related claims data from your insurance provider(s) at the request of Your Health Partner. If Your Health Partner also serves as your health care provider, we may obtain additional Personal Health Information with your prior consent. (c) Cookies: When you utilize the Services, a cookie may be placed on your device. Generally, cookies function by assigning a unique number to your device that holds no significance outside of SmartMed Today. The cookies from SmartMed Today do not store any personally identifiable information; they are used to offer features like personalization. Furthermore, after you enter your user ID and password during a session, SmartMed Today remembers that information to avoid the need for repeated entries in the same session. Most web browsers default to accepting cookies, but you can usually adjust your browser settings to prevent this. Refusing cookies may limit your access to certain features of the Service. SmartMed Today might use your IP address to recognize you, manage the Services, and help troubleshoot issues with SmartMed Today's servers and infrastructure.

Do We Share Information We Have About You?

Yes. We will release information about you in order to provide our Services. We will share your personal information with third parties only in the manner outlined in this privacy policy. Disclosures will be made solely to entities that have the legal right to access the data and are contractually obligated to protect the data in compliance with all relevant regulatory and contractual requirements. (a) Your Access To Your Personal Information: You can access your personal information and details about your use of our Services through a secure website that is protected by a password. (b) Disclosure To Our Business Partners: We establish agreements with our trusted business partners to help us deliver the Services. These partners are permitted to use your personal information only as needed to provide these services to us. We mandate that these business partners safeguard your Personal Information (including your Personal Health Information) and adhere to the HIPAA Privacy & Security Rules as well as other applicable laws or regulations. (c) Disclosure To Your Health Partner: We may share Personal Health Information concerning Your Health Partner. If Your Health Partner is not legally permitted to access Personal Health Information under U.S. law, we will anonymize such Personal Health Information prior to sharing it. De-identified information is data that has been stripped of details that could identify a specific individual. If we provide Your Health Partner access to your data, we will limit it to the minimum amount necessary to fulfill the original purpose of the data request. (d) Disclosure To Employer: We will not share your individually identifiable Personal Health Information with your employer for any employment-related reasons, even if they are Your Health Partner. Unless legally entitled, your employer will receive only de-identified Personal Health Information. (e) Disclosure For Marketing Purposes: We do not engage in advertising. We do not sell or disclose your identifiable information to any other organization for marketing purposes. (f) Disclosure To Meet Legal Requirements: We will not share Personal Information with a third party without prior consent, except (i) as needed to comply with laws, regulations, or other legal processes (ii) to safeguard the rights, property, or safety of ourselves or others, (iii) in emergencies, (iv) if we or a substantial portion of our assets is acquired by one or more third parties through an acquisition, merger, sale, reorganization, consolidation, or liquidation, in which case, you will be informed via email and/or a prominent notice on our website about any changes in ownership or use of your personal information, along with any options you may have regarding your Personal Information, or (v) for activities related to Treatment, Payment, or Health Care Operations (as detailed below). Information sharing in any of these cases will be conducted in full compliance with relevant laws, including the HIPAA Privacy Policy. Treatment pertains to the provision, coordination, or management of healthcare and related services, consultations between providers regarding a patient, or referrals to other providers for healthcare. Payment involves activities aimed at obtaining or providing reimbursement for healthcare, such as coverage eligibility determinations, billing, collections, medical necessity assessments, and utilization reviews. Health Care Operations encompass functions like quality assessment and improvement activities, medical reviews, legal services, auditing tasks, as well as general business and administrative activities.

Can I Correct Errors With My Personal Data or Deactivate my Account?

Absolutely. You can always review and rectify any inaccuracies in your personal information through the Services. Additionally, you have the option to deactivate your account at any moment from the “Contact” area of the Services.

Do We Comply With Regulatory Requirements?

Absolutely. We adhere to the HIPAA Privacy, Security, and Breach Notification Regulations. When we gather or obtain Personal Health Information, we do this based on agreements with our clients that mandate our compliance with the Privacy Rule established by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). For additional information regarding the HIPAA Privacy, Security, and Breach Notification Regulations, please visit http://www.hhs.gov/ocr/privacy/. We are fully committed to our responsibilities under the HIPAA Privacy and Security Regulations and take all necessary measures outlined by the Regulations to protect your privacy and security.

Data Security

Data security is maintained through a combination of physical, administrative, and technical measures we have established, along with the operational protocols we follow to safeguard your information. Recommendations from recognized sources, along with our framework, contribute to a variety of security or privacy-related elements. Below is a partial list of some of the essential components of our programs: (a) Employee background checks (b) Security and Privacy awareness training for all employees (c) Comprehensive physical security measures (d) Mandatory encryption (e) System logging and monitoring (f) Role-Based Access Controls (RBAC) (g) Business Continuity and Disaster Recovery plans (h) Response protocols for security incidents. We ensure the security of your transactions involving Personal Information online through the use of Secure Socket Layer (SSL) technology. Access to your Personal Information in our database is limited to authorized employees and select partners.

Can this Privacy Policy change?

Absolutely. If SmartMed Today modifies any terms or conditions of this Privacy Policy, those changes will be indicated on the Service, and notifications regarding such changes will be shared on the Service and other locations determined appropriate by SmartMed Today, ensuring you remain informed about any significant alterations in the information collected by SmartMed Today, how it is utilized, and the situations under which, if any, SmartMed Today discloses it. SmartMed Today Today retains the right to change this Privacy Policy at any moment, so please check it regularly. The date of the latest update will be displayed at both the beginning and the end of this Privacy Policy.

Contact SmartMed Today

SmartMed Today encourages your inquiries and feedback regarding security and privacy matters. Feel free to send any questions or comments to support@SmartMedToday.com.

The Service is owned, managed, and maintained by:

SmartMed Today, LLC
1309 Coffeen Avenue, #1200
Sheridan, WY  82801
Email: support@SmartMedToday.com