Terms of Service
Effective Date: January 10, 2025
Welcome to Koala Healthcare Inc. ("Koala Healthcare," "Koala Clinics," or "Koala," and collectively referred to as "we," "us," or "our"). These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "you," or "your") and Koala governing your access to and use of our website, digital tools, forms, software, communications, and related services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
1. Nature of the Services
Koala does not provide medical or diagnostic services. We are not a licensed healthcare provider and do not engage in the practice of medicine. The Services are limited to facilitating connections between Users and independently operated, third-party healthcare providers or clinics (“Partner Clinics”) that offer home sleep testing and related healthcare services.
All clinical care, including but not limited to diagnosis, treatment, and provision of health-related recommendations, is performed exclusively by Partner Clinics. Koala does not supervise or control the clinical judgment of Partner Clinics and disclaims all liability in connection with any healthcare services delivered through such third parties.
The Services are not appropriate for use in emergency situations. If you are experiencing a medical emergency, you should immediately contact local emergency services or seek care at the nearest emergency facility.
2. Eligibility
You may only use the Services if you:
- Are at least eighteen (18) years of age;
- Reside in the United States or Canada; and
- Will use the Services solely for your own personal, non-commercial purposes and in accordance with these Terms.
3. Service Availability and User Disqualification
Koala collaborates with Partner Clinics in select jurisdictions. Access to the Services may vary based on geographic location, clinic availability, applicable insurance requirements, and other clinical eligibility criteria, which are subject to change without notice.
Koala reserves the right to deny access to the Services or to disqualify any User, in its sole discretion, without liability or obligation.
4. Data Sharing, User Consent, and Ownership
By using the Services, you acknowledge and expressly consent to the voluntary submission and processing of your personal and health-related information by Koala for the limited purposes of:
- Matching you with an appropriate Partner Clinic based on your responses;
- Facilitating scheduling, coordination, or referral-related communications; and
- Providing you with operational and administrative support related to your inquiry or care coordination.
Koala may disclose such information to Partner Clinics to support the aforementioned functions. Once shared with a Partner Clinic, your information may become subject to applicable health privacy laws, including, without limitation, the Health Insurance Portability and Accountability Act (“HIPAA”) in the United States or the Personal Health Information Protection Act (“PHIPA”) in Canada.
You understand that while Koala uses reasonable administrative, technical, and physical safeguards to protect your information, data submitted to or through the Services may not receive the same legal protections as data submitted directly to a licensed healthcare provider. By using the Services, you consent to such data handling practices and agree to release Koala from any liability associated with the collection, use, or disclosure of your information in accordance with these Terms.
Data Ownership: All data and content provided, submitted, transmitted, or otherwise made available through the Services, including without limitation personal information, health screening responses, and usage metadata, shall be and remain the sole and exclusive property of Koala. Koala may use such data in accordance with applicable law, these Terms, and any relevant agreements with Partner Clinics.
5. Communications and SMS Consent
You agree that Koala and/or its Partner Clinics may contact you by phone, email, or SMS for the following purposes:
- Scheduling or confirming appointments;
- Responding to inquiries or providing follow-up communications; and
- Offering future services or related health information.
SMS Consent: By providing your phone number, you consent to receive recurring SMS text messages from or on behalf of Koala. These may include automated or prerecorded messages. Message and data rates may apply. You may opt out at any time by replying STOP.
6. Payment and Pricing
Koala does not provide clinical services and does not directly charge Users for diagnostic testing. While many tests facilitated through our platform are offered at no cost to the User, actual pricing and billing matters are managed solely by Partner Clinics.
Users are responsible for confirming coverage, benefits, and any applicable costs directly with the Partner Clinic. Koala disclaims any responsibility or liability for clinical charges or payment disputes.
7. No Medical Advice
Content and communications delivered via the Services, including screening tools or educational content, are for informational purposes only and are not intended to constitute medical advice, diagnosis, or treatment.
You should consult a qualified healthcare provider regarding any medical concerns. Koala does not endorse or take responsibility for any clinical recommendations or actions taken by Partner Clinics.
8. Limitation of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KOALA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KOALA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR CARE RENDERED BY ANY PARTNER CLINIC.
9. Prohibited Conduct
You agree not to:
- Submit information that is false, fraudulent, or misleading;
- Violate the rights or privacy of any other individual; or
- Use the Services in any way that disrupts, degrades, or circumvents our intended functionality.
Koala reserves the right to suspend or terminate access to the Services for any conduct it deems, in its sole discretion, to be inappropriate or in violation of these Terms.
10. Modifications to Terms
Koala reserves the right to modify or update these Terms at any time. Material changes will be communicated by posting an updated version to this page. Your continued use of the Services constitutes your acceptance of any such updates.
11. Promotional Programs
From time to time, Koala may offer limited-time promotional incentives, such as gift cards, discounts, or rewards. Participation in such promotions is entirely optional and subject to additional terms.
Koala reserves the right to amend, suspend, or terminate any promotional offering at its sole discretion, for any reason or no reason, including but not limited to suspected fraud, technical error, or abuse.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
13. Contact
For questions or legal notices regarding these Terms, please contact: hello@koalaclinics.com
Copyright © 2025 Koala Healthcare Inc., All rights reserved.