Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS, INCLUDING ANY PRIVACY POLICY OR OTHER RULES AND GUIDELINES APPLICABLE TO THE SERVICES CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

BY REGISTERING FOR, BROWSING, ACCESSING, OR USING TWILIGHT’S PLATFORM, AND/OR OTHER ONLINE PRODUCTS AND SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS OF USE, AND HAVING READ AND UNDERSTOOD THE TERMS OF USE, YOU VOLUNTARILY AGREE TO BE BOUND BY THIS AGREEMENT. YOU ALSO AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO THE USE OF THE PLATFORM, AND THE ACTIVITIES INVOLVED IN USING THE PLATFORM.

YOUR USE OF THE SERVICES IS SUBJECT TO THIS AGREEMENT AND THE PRIVACY POLICY. TWILIGHT MAY MODIFY THIS AGREEMENT, THE PRIVACY POLICY, AND/OR THE SERVICES AT ANY TIME AND SUCH MODIFICATION WILL BE EFFECTIVE UPON POSTING SUCH MODIFICATIONS TO THE SERVICES. BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER SUCH MODIFICATION, YOU ARE AGREEING TO BE BOUND BY THE MODIFIED AGREEMENT, PRIVACY POLICY, AND/OR THE SERVICES, AS APPLICABLE.

THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. PLEASE SEE SECTION 10 OF THIS AGREEMENT.

Aggregate Information is not Personal Information because Aggregate Information does not contain information about, nor can it reasonably be linked to, a specific individual. Aggregate Information is information about a group of people, such as an analysis or evaluation of a group. Aggregate Information describes the group as a whole in such a way that no specific individual may be reasonably identified. For example, the number of Twilight customers with a specific variant or health condition is Aggregate Information.

1. Platform Overview.

Twilight allows Users to ingest their individual healthcare claims data to Twilight's Illuminator, where it is securely stored. Twilight's proprietary data analysis software will gather crucial insights and summarize them in a personalized format in the Illuminators user interface. The Platform is available only to individuals that have a registered username and password (an “Account”). Individuals who do not have a valid registered username and password are not authorized to use or access the Platform. Users are responsible for ensuring that the credentials they use to create an Account are securely kept.

2. License Grant; User Eligibility.

Subject to the terms of this Agreement, Twilight grants you a limited, non-exclusive, and nontransferable license to use the Platform strictly in accordance with the terms herein. Users must be at least 18 years of age, or the age of legal contractual capacity in User’s jurisdiction, in order to create an Account. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. Twilight retains the right, but is under no obligation, to request supporting documentation from a User to establish, without limitation, User’s identity, and, where applicable, User’s authority to represent a Care Recipient and possess and disclose a Care Recipient’s Personal Data.

3. Personal Data.

Privacy Policies. Twilight respects the privacy of Users of the Platform and the loved ones they care for. Any personally identifiable information, including, where applicable, any PHI (as hereafter defined), about a User or Care Recipient that is provided by User through the Platform and is accessible by Twilight (“Personal Data”) is subject to applicable Privacy Policies, available for review on the Platform, and which may be amended from time to time. By using the Services, User acknowledges that User has reviewed the applicable Privacy Policies and accepts and agrees to the terms of such Privacy Policies, including changes published by Twilight, and that Twilight may use and maintain User’s Personal Data according to applicable Privacy Policies and the Terms of this Agreement.
‍License for Personal Data. User grants Twilight a license to process, transmit, use and store Personal Data as reasonably required to provide the Services. Subject to the limited rights granted by User hereunder, Twilight acquires no right title or interest from User under this Agreement to Personal Data, including any intellectual property rights therein. Twilight will, however, have the permanent right to aggregate and use, for any lawful purpose, the data generated by User’s use of the Platform and/or the Services, so long as such data to be aggregated or used does not personally identify the User. This provision shall survive termination of this Agreement.
Access and Disclosure. Twilight engages third parties to, among other things, maintain servers for hosting the Platform, aggregate and analyze Personal Data, assess Illumination Reports, and maintain secure data storage and transmission (each such service, a “Third Party Service,” and each such third party, a “Third Party Service Provider”). User authorizes Twilight to submit and/or transfer to the applicable Third Party Service Provider any Personal Data that User has provided to Twilight in connection with this Agreement and User’s receipt of the Services. Twilight shall make commercially reasonable efforts to make the minimum disclosure of Personal Data to Third Party Service Providers necessary for provision of the Services. Twilight will not disclose Personal Data to a third party unless required by law, requested by User, authorized in writing by a User, or in connection with providing the Services. Twilight will make commercially reasonable efforts to protect against unauthorized access to or use of such Personal Data collected and stored by Twilight, its employees, agents, and contractors. Twilight will require its employees, contractors and agents having access to Personal Data to act in accordance with the obligations in this section.

4. User Responsibilities.

Medical Expenses. User acknowledges that any charges for medical or related services rendered by a health care professional in connection with the Services will not be the responsibility of Twilight. Any dispute arising out of any transaction with a health care professional in connection with the Services is to be resolved by the User with that health care professional.
Accuracy of Information, Review of Data. User is responsible for: (a) submitting accurate information relating to the Services and verifying the ongoing accuracy and completeness of all such information, and (b) reviewing any reports, information documents or materials posted to the Platform by Twilight (or otherwise made available to User by Twilight) (collectively, the “Materials”), and User must notify Twilight of any inaccuracies in the Materials as soon as possible, or within the time period specified in communications received from Twilight. User acknowledges and agrees that the information that User inputs may be used and relied upon as-is by Twilight in providing the Services and the Platform. By transmitting any Personal Data (as hereafter defined) to the Platform or using the Services, User represents and warrants that all Personal Data is accurate and complete. Twilight does not review the accuracy or completeness of the information User submits. User, and not Twilight, shall be solely liable for any inaccuracies or inconsistencies in this information.
Protected Health Information. To the extent User is a “Personal Representative” or Twilight or any of its independent contractors are deemed “Covered Entities”, as those terms are defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, User agrees that any protected health information (“PHI”) uploaded to the Platform complies with HIPAA, HIPAA Privacy and Security Acts, the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and all HIPAA Privacy regulations governing the release of PHI. User agrees to abide by the HIPAA and HITECH regulations and take responsibility for any adverse activity that occurs as a result of materials generated by the Platform. User furthermore agrees to use and maintain all PHI in accordance with HIPAA and HITECH and understands that User is directly responsible under HIPAA for any unsecure disclosure of PHI. In the event of a potential PHI disclosure, User agrees to inform Twilight immediately upon becoming aware of the incident. For more information in regard to the HIPAA Privacy Act please refer to the U.S. Department of Health and Human Services website at https://aspe.hhs.gov/administrative-simplification-privacy-and-security.
Loss or Alteration of Personal Data. User acknowledges and agrees that while Twilight will take reasonable precautions to prevent the loss of or alteration to User’s username, password, data files and/or Personal Data provided to Twilight connection with the Services, Twilight does not undertake to guarantee against any such loss or alteration. Twilight is not and will not be User’s record keeper. Accordingly, User will, to the extent reasonably necessary, keep copies of all source documents of information delivered to Twilight in connection with the Services.
Access to and Use of the Platform. In order to access the Platform, User must have a computer with Internet access capabilities. The Minimum System Requirements are as follows: SSL (Secure Socket Layer) compatible browser, such as current versions of Google Chrome or Firefox, or higher; current versions of Adobe Acrobat Reader. PROVIDER does not guarantee that use of the Platform will be continuous, uninterrupted, or error-free. User acknowledges and agrees that access to the Platform may be unavailable from time to time through no fault of PROVIDER, including, without limitation, downtime due to regular maintenance performed by PROVIDER, or its Third Party Service Providers, and that PROVIDER shall not be liable for any damages or losses caused by such unavailability. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

copy the Platform, except as expressly permitted herein;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform or the Illumination Report, including any copy thereof;
rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason,
vi. use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
frame, mirror, or otherwise incorporate the Platform or any portion of the Platform as part of any other mobile application, website, or service;
use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform; or
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform

5. Transmissions of Data.

User represents and warrants User, where applicable, has the authority, whether of a contractual or fiduciary nature or otherwise, to possess and transmit a Care Recipient's Personal Data to Twilight on behalf of such Care Recipient. Twilight represents and warrants that it has an information security program to protect data transmissions to and from the Platform, and that this information security program includes at least the minimum administrative, technical, and physical safeguards required by applicable law. . Data transmitted to and from the Platform is encrypted for the Users’ protection. However, the security of information transmitted through the Internet can never be guaranteed. User acknowledges that transmissions to and from the Platform could be read or intercepted by others.

TWILIGHT IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET OR FOR CHANGES TO OR LOSSES OF DATA. AS SUCH, USER ACKNOWLEDGES AND AGREES THAT ANY PERSONAL DATA UPLOADED INTO THE PLATFORM IS DONE SOLELY AND EXCLUSIVE AT USER’S OWN RISK. THIS PROVISION WILL SURVIVE TERMINATION OF THIS AGREEMENT.

6. External Links.

The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials"). You acknowledge and agree that Twilight is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Twilight does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

7. Twilight Does Not Give Health Care Advice.

Twilight is not in the business of providing health care services or advice. No information communicated to the User by Twilight or its employees, contractors, or agents, whether through the Platform or otherwise, is intended to be, nor shall be deemed, a diagnosis, prognosis, treatment recommendation, prescription recommendation, medical opinion, the practice of medicine or of any health care discipline, or any other form of health care advice. Twilight makes no referral, recommendation or endorsement to any health care professional and makes no representation, warranty, or guarantee as to the quality of the services any health care professional may provide. Neither does Twilight make any representation, warranty, or guarantee as to any health outcome experienced in connection with the use of the Services. YOU SHOULD CONSULT THE SERVICES OF A COMPETENT PROFESSIONAL WHEN ANY TYPE OF MEDICAL ASSISTANCE IS NEEDED. NO LICENSED MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE PLATFORM AND/OR THE SERVICES.YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

8. Termination.

Unless otherwise prohibited by law, and without prejudice to Twilight's other rights or remedies, Twilight shall have the right to immediately terminate (i) User’s Account if User breaches any of the terms of this Agreement and (ii) any of the Services, in Twilight’s sole discretion at any time. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of User’s use of the Services may be referred to appropriate law enforcement authorities.

9. Indemnification & Limitation of Liability.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD TWILIGHT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF PERSONAL DATA YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE PORTAL; YOUR USE OF THE SERVICES; YOUR CONNECTION TO THE SERVICES; OR YOUR VIOLATION OF THIS AGREEMENT.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TWILIGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TWILIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.THIS PROVISION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

10. Alternative Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of this Agreement directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. Notwithstanding any other provision in this Agreement, and except as otherwise set forth in this section, if either User or Twilight has any dispute arising out of, or relating to this Agreement, the Platform, or the Services, including any claim regarding the applicability, interpretation, scope, or validity of this arbitration clause and/or this Agreement that cannot be resolved directly between User and Twilight , then such dispute will be settled exclusively by individual (not class or class-wide), confidential, binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the then-current Commercial Arbitration Rules and Mediation Procedures of the AAA (the “AAA Rules”), including any expedited procedures. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The award rendered by the arbitrator shall be final and binding upon User and Twilight. A judgment on the award may be entered and enforced in any court of competent jurisdiction. To the extent the provisions of this Section 10 are unenforceable, User agrees that any litigation shall be conducted in the state or federal courts within the County of New Castle, Delaware. User hereby waives any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any such proceeding. User and PROVIDER agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement.

YOU FURTHER ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU AND TWILIGHT ARE EACH WAIVING THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT. THESE ARBITRATION PROVISIONS WILL SURVIVE THE TERMINATION OF YOUR ACCOUNT.

11. Updates.

Twilight may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Twilight has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

12. No Resale.

User agrees not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Platform or any portion of the Platform.

13. Reservation of Rights.

You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Twilight reserves and shall retain its entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

14. Disclaimer of Warranties.

THE PLATFORM IS PROVIDED TO USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TWILIGHT, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TWILIGHT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Notices.

Twilight may provide notices to User via email, or through the Platform. By registering with the Platform, Twilight reserves the right to contact User even after User is no longer receiving the Services. Notices to Twilight should be made in writing and sent to: hello@twilight.care.

17. Relationship of Parties.

As a condition of using the Platform, User hereby acknowledges that no joint venture, partnership, employment, or other relationship, except those described herein, exists between User and Twilight as a result of this Agreement or User’s use of the Platform. User also agrees not to hold itself out as a representative, agent, or employee of Twilight and Twilight shall not be liable for any representation, act or omission made by User. This provision shall survive the termination of this Agreement.

18. Enforceability & Severability.

If any provision or provisions of this Agreement are rendered by judicial process or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms. This provision shall survive the termination of this Agreement.

19. Entire Agreement.

This Agreement constitutes the entire agreement between User and Twilight with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Any rights not expressly granted herein are reserved.

20. Headings.

The headings of each Section of this Agreement are provided merely for convenience, and shall not be the basis for interpretation of any part of this Agreement.

21. Waiver.

The failure of Twilight to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Twilight.

22. Assignment.

Twilight may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. User may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Contacting Us

If you have any questions about these Terms of Use, the practices of this site, or your dealings with this site, please contact us at: info@twilight.care