Effective date: 2025-09-15   Last updated: 2025-09-15

1. Agreement to Terms

V.E. Andrei MD–Bariatric Associates, P.A. (the “Practice”) operates BariAccess, a digital health program. These Terms of Service (“Terms”) are a legal agreement between you and the Practice governing your access to and use of the BariAccess mobile application and web application (together, the “Services”). “We,” “us,” or “our” means the Practice in connection with BariAccess.

By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy and Notice of Privacy Practices. If you do not agree to these Terms, do not use the Services.

2. Description of the Services

BariAccess is a digital health program that supports:

• Collection, presentation, and (where applicable) clinical use of your health metrics
• Integration with devices and apps you choose to connect (e.g., glucose monitoring, activity tracking, CGM integrations such as Dexcom) to view trends, reports, and data in your profile
• Care coordination and coaching with your care team and the Practice when appropriate

The Services are intended to complement, not replace, your relationship with your healthcare providers. Use of the Services is subject to these Terms and to any additional instructions or policies we provide within the app or web app.

3. Eligibility

The Services are intended for users who can legally consent to these Terms and to the collection and use of their information, or who use the Services under the direction of a parent, guardian, or other authorized representative and the Practice, as applicable. Use of the Services by a minor or by an authorized representative (e.g., healthcare proxy, guardian) must comply with our policies and applicable law.

By using the Services, you represent that you meet these requirements and that you will use the Services only in compliance with these Terms and applicable law.

4. Account Registration and Security

• You may need to register for an account to use certain features. You agree to provide accurate, current, and complete information and to update it as needed.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must notify us promptly of any unauthorized access or use of your account.
• We reserve the right to suspend or terminate your account if we believe you have violated these Terms or for other reasons consistent with our policies and applicable law.

5. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable law or the rights of others
• Attempt to gain unauthorized access to the Services, other accounts, or our or our vendors’ systems or networks
• Interfere with or disrupt the Services or the integrity or performance of our systems
• Transmit any malware, viruses, or other harmful code
• Scrape, copy, or systematically download content or data from the Services except as expressly permitted
• Use the Services to send spam or unsolicited communications
• Misrepresent your identity or your relationship with the Practice or any care provider
• Use the Services in a way that could harm, disable, or overburden the Services or our infrastructure

We may suspend or terminate your access if we determine that your use violates these Terms or is harmful to the Services or others.

6. Data and Integrations

Your data: When you connect devices or third-party apps (e.g., CGM platforms), you authorize us to receive and process data from those integrations as described in our Privacy Policy. You can disconnect integrations and manage or revoke authorizations in the Services; revocations are processed within the timeframes stated in our Privacy Policy.

Accuracy: You are responsible for the accuracy of information you provide. We are not responsible for data generated by third-party devices or apps.

No sale of data: We do not sell your personal information or protected health information. Our use and sharing of your information are described in our Privacy Policy and Notice of Privacy Practices.

Protected health information (PHI): The Services may involve PHI. Where applicable, our handling of PHI is subject to the Health Insurance Portability and Accountability Act (HIPAA) and related requirements. Our Notice of Privacy Practices and Privacy Policy describe how we use and protect PHI.

7. Not Medical Advice; No Guarantee of Outcomes

• The Services are for informational, educational, and care-support purposes only.
• Content and features (including trends, reports, and suggestions) are not a substitute for professional medical advice, diagnosis, or treatment.
• Always seek the advice of your physician or other qualified healthcare provider with any questions you have regarding a medical condition or treatment. Do not disregard professional medical advice or delay seeking it because of something you have seen or used in the Services.
• We do not guarantee any particular health or treatment outcome from your use of the Services. Your care and treatment remain the responsibility of you and your healthcare providers.
• Not for emergencies: The Services are not for use in medical or mental health emergencies. If you believe you have a medical or mental health emergency, call 911 or go to the nearest emergency room or seek other appropriate emergency care.

8. Telehealth

If we offer telehealth or live communication features (e.g., video visits), those features are not for emergencies and availability may depend on licensure, scheduling, and other factors. Where required by law, we will obtain your consent before providing telehealth services. Use of any such features remains subject to these Terms and our other policies.

9. Intellectual Property

The Services, including their design, text, graphics, logos, and software, are owned by or licensed to the Practice and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from the Services or our content except as expressly permitted by us or by law. You do not acquire any ownership rights by using the Services.

10. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions may not apply to you to the extent prohibited by law.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRACTICE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (including but not limited to loss of profits, data, goodwill, or business opportunity) arising out of or in connection with your use of or inability to use the Services, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising out of or related to these Terms or the Services shall not exceed the greater of (A) the amount you paid us, if any, in the twelve (12) months prior to the event giving rise to liability, or (B) one hundred U.S. dollars ($100). Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in such cases, the above limitations may not apply to you to the extent prohibited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Practice and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Services,
• (b) your violation of these Terms or applicable law,
• (c) your violation of any third-party right, or
• (d) any content or data you submit or authorize in connection with the Services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.

13. Termination

By you: You may stop using the Services at any time. You may close your account or request deletion of your account and data as described in our Privacy Policy, subject to applicable retention obligations.

By us: We may suspend or terminate your access to the Services, or your account, at any time with or without notice, for any reason, including if we believe you have violated these Terms or for operational, legal, or safety reasons.

Effect of termination: Upon termination, your right to use the Services ceases. Sections that by their nature should survive (including Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive termination.

14. Governing Law and Dispute Resolution

Governing law: These Terms and any dispute arising out of or related to them or the Services shall be governed by the laws of the State of New Jersey, United States, without regard to its conflict of law principles.

Informal resolution: Before filing a formal dispute, you agree to contact us at the address below and attempt to resolve the dispute informally. We will try to resolve the dispute within 30 days.

Jurisdiction and venue: Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Essex County, New Jersey, and you consent to the personal jurisdiction and venue of such courts.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms in the Services (app and web app) and update the “Last updated” date. For material changes, we may notify you by email or through the Services where practicable. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services. We encourage you to review these Terms periodically.

16. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and Notice of Privacy Practices (as applicable to your use and to PHI), constitute the entire agreement between you and the Practice regarding the Services and supersede any prior agreements or understandings.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• No third-party beneficiaries: These Terms do not create any third-party beneficiary rights except as expressly stated.
• Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations without restriction.
• Accessibility: We strive to make the Services accessible in accordance with applicable accessibility standards. If you have difficulty accessing any part of the Services, please contact us.
• Force majeure: Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control (e.g., natural disaster, pandemic, government action, or critical infrastructure failure).

17. Contact Us

For questions about these Terms of Service or the BariAccess program:

• Email: privacy@bariatricassociates.com (or use the contact method provided in the app)
• Phone: (800) 200-5553
• Mail: V.E. Andrei MD–Bariatric Associates, P.A., 22 Old Short Hills Rd, Suite 110, Livingston, NJ 07039

For privacy-specific questions or complaints, see our Privacy Policy and Notice of Privacy Practices.