Semler Scientific SMS Terms and Conditions

QuantaFlo SMS Sync Mobile Messaging Program

Semler Scientific, Inc. (hereinafter, “We,” “Us,” “Our”), is offering a mobile messaging program to provide off-line syncs of your QuantaFlo sensor (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By Opting-In to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify any other Terms and Conditions or Privacy Policy that may govern the relationship between you and us, in other contexts.

User Opt-In: The Program allows Users to send SMS mobile messages in order to complete an off-line synch of your QuantaFlo sensors. By proactively sending a QuantaFlo sensor synch code through the SMS Program, the User is affirmatively opting into the Program. User agrees that this Agreement applies only to your participation in the Program. By participating in the Program, you agree to receive Sensor sync messages at the phone number associated with your opt-in as well as recurring messages and you understand that additional consent is not required. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you may text “Stop” to the number provided in the application or contact 877-774-4211 to complete off-line syncs of your QuantaFlo sensor. No additional SMS messages will be sent to you. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.