Last updated April 15th, 2021
Accepting the Terms
By visiting the Site or using the Service, you agree to be bound by this Agreement and Mestory’s Privacy and
Security Policy, which is incorporated into this Agreement, as each may be amended from time to time (see
“Modifications” below), whether you are a “Visitor” (which means that you simply browse the Site) or you are a
“Member” (which means that you have registered with the Service). The term “you” or “User” refers to a Visitor or
Member. The term “we” refers to Mestory. If you wish to become a Member and make use of the Service, you must read
this Agreement and indicate your acceptance during the Registration process by clicking “I Agree.”
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding
contract with Mestory.
If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on
behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should
print or save a local copy of this Agreement for your records.
Privacy and your personal information
For information about Mestory’s data protection practices, please read Mestory’s Privacy and Security Policy .
policy explains how Mestory treats your personal information when you access the Site and/or use the Service. The
Privacy and Security Policy may be updated from time to time at our discretion. Changes will be effective upon
posting to the Site.
Description of the service
The Service is a personal health information retrieval and management service that allows Members to consolidate
certain health information (“Patient Information”) on the Site and through the Service and share that information
with others (including family members, doctors and other third-party providers). The Service is provided to you by
Mestory as an aid to assist you in organizing and managing your health information. It is not intended to provide
The Service provides you services, which help Users to keep and self-monitor their information in one place. The
information shared by the Users may contain Health-related information and personal data information. However,
Mestory, Inc. does not own any of such data or information. Thus, any data provided by the Users belong
to them. Therefore, Mestory, Inc. cannot be held liable for any event occurred relating to such data.
If a Member requests that we share information with a family member, doctor, or other third-party provider,
will contact such family member, doctor, or other third-party provider by e-mail with information on how to access
your Patient Information. If a Member wishes to share Patient Information with a doctor or third-party provider
does not use e-mail, Mestory will make private link for share the Patient Information. Mestory will make best
efforts to confirm receipt by phone but cannot guarantee that such family member, doctor, or other third-party
provider will actually access or review the Patient Information.
Patient information from third-party sites and third-party providers
With the Service, Members may direct Mestory to retrieve their own Patient Information maintained by third-party
providers with which they have patient relationships and/or on third-party sites. Members may link directly to
on-line accounts with third-party providers or fill out and sign Health Insurance Portability and Accountability
release authorization forms (“HIPAA Forms”) and direct Mestory to send such forms to third-party providers with a
record request cover sheet so that Mestory may receive such Patient Information in paper or electronic form and
upload such Patient Information to your account.
Mestory may review the Patient Information received from third-party providers to normalize and label data for
display, but Mestory is not responsible for any errors in the Patient Information resulting from such review
process. Mestory makes no effort to review the Patient Information for any other purpose, including but not
to accuracy, legality or non-infringement. Mestory is not responsible for any Patient Information provided by
third-party providers or their patient portal sites.
By becoming a Member and linking to third-party provider accounts online or executing a HIPAA Form, you
that you are requesting Mestory to obtain your Patient Information for your account and to communicate with
third-party providers concerning your Patient Information.
You acknowledge that there may be delays in record request processing from third-party providers. Mestory may be
unable to obtain some or all of your Patient Information and cannot guarantee or assume responsibility for the
completeness, timeliness, accuracy, relevance, deletion or non-delivery of any Patient Information. Mestory is not
responsible for the way in which data is displayed on the Site or through the Service. By way of example, if two
third-party providers use different reference ranges for Patient Information, then Mestory may display both those
data points on the same graph using the more commonly used reference range.
Your registration information
You agree and understand that you are responsible for maintaining the confidentiality of your password which,
together with your Login ID, allows you to access the Service. That Login ID and password, together with any phone
number or other contact information you provide, form your “Registration Information.” You understand that Mestory
takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of
your Patient Information confidentiality resulting from sharing or losing your password. If you become aware of
unauthorized use of your Registration Information, you agree to notify Mestory immediately at the e-mail address
Your use of the service
Your right to access and use the Site and the Service is personal
to you and is not transferable by you to any other person or entity. You are only entitled to access and use the
Site for lawful purposes.
Accurate information enables Mestory to provide the Service to you. You must provide true, accurate, current and
complete information and may not misrepresent information (i) in your Registration Information, (ii) about your
family members or third-party providers, (iii) about your Patient Information maintained by third-party providers
and/or at third-party websites, (iv) on the HIPAA Form, and/or (v) in our “add Patient Portals” setup forms. In
order for the Service to function effectively, you must also keep such information listed above up-to-date and
accurate. If you do not do this, the accuracy and effectiveness of the Service will be affected. Even if you fill
out and execute a HIPAA Form or provide accurate and updated Registration Information and other information listed
above in this paragraph, there is no guarantee that Mestory will be able to provide complete Patient Information
you, since the completeness of the retrieval process is dependent upon third-party providers and/or third-party
Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons,
including, without limitation, unanticipated system failures, the malfunction of equipment, periodic updating,
maintenance or repair of the Site or other actions beyond the control of Mestory or that Mestory, in its sole
discretion, may elect to take. Mestory cannot always foresee or anticipate technical or other difficulties which
result in, and Mestory shall therefore not be responsible or liable for, any (i) failure to obtain Patient
Information, (ii) loss of Patient Information or personalization settings or (iii) other service interruptions.
You agree that Mestory may
use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other
products or services, advertising or marketing materials. You grant Mestory a perpetual, worldwide, fully
transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback, suggestions and
ideas you provide to Mestory in any way. Mestory will not sell, publish or share your feedback in a way that could
identify you without your explicit permission.
Use of the Service may be available through a compatible mobile device, Internet and/or network access and may
require software. You agree that you are solely responsible for these requirements, including any applicable
changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications
providers. Mestory makes no warranties or representations of any kind, express, statutory or implied as to: (I)
Availability of telecommunication services from your provider and access to the service at any time or from any
Location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any
Disclosure of information to third parties or failure to transmit any data, communications or settings connected
With the service.
TCPA communications policy
By providing your cell phone number to Mestory, Inc. (“Mestory”), you are agreeing to
be contacted by or on behalf of Mestory at the telephone number provided, including text
(SMS) messages to your cell phone and other wireless devices, and the use of an automatic
telephone dialing system, artificial voice and prerecorded messages, to provide you with
informational, marketing, and promotional materials relating to Mestory’s products and
services. You may opt-out of receiving text (SMS) messages from Mestory at any time by replying with the word STOP
from the mobile device receiving the messages. You need not provide this consent in order to purchase any products
or services from Mestory. However, you acknowledge that opting out of receiving text (SMS) messages may impact
experience with the service(s) that rely on communications via text (SMS) messaging.
E-mails and phone calls
By providing your e-mail address and phone number to Mestory you expressly authorize Mestory to contact you via
email or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain
changes made to your Mestory account, such as a change in your Registration Information, (iii) updates to your
Patient Information, (iv) questions related to retrieving your Patient Information, (vi) customer service matters
and/or (vi) to let you know of changes to the Service. E-mails will be sent to the e-mail address you have
as your primary e-mail address for the Service. If your e-mail address or your phone number changes, you are
responsible for informing Mestory of that change. E-mails to you may include your Login ID, general information
about your account, and/or certain details regarding one of your doctor visits, including, but not limited to, (i)
the name of a doctor, (ii) the specialty or practice name of a doctor, (iii) the name of the procedure conducted
such visit or the type of exam and/or (iv) appointment dates. Notices and other communications will be provided in
HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the
appropriate page on our Site, accessible through any standard, commercially available internet browser.
Rights you grant to us with respect to retrieving patient information
By submitting a HIPAA form, information, data, passwords, usernames, other log-in information, materials and/or
other content (collectively, the “Content”) to Mestory through the Site and/or the Service, you are licensing that
Content to Mestory for the purpose of providing the Service. Mestory may use and store the Content in order to
provide the Service to you, provided that such use and storage will be in accordance with the Privacy and Security
Policy. By submitting this Content to Mestory, you represent that you are entitled to submit it to Mestory for use
for this purpose, without any obligation by Mestory to pay any fees or other limitations.
By using the Service, you expressly authorize Mestory to access your Patient Information maintained by identified
third parties, on your behalf as your agent.
When you fill out and sign a HIPAA Form and submit it to Mestory, you authorize Mestory to send your HIPAA Form
fax, e-mail, or mail to the third-party provider(s) you have identified. When you use the “Add Online Health
Accounts” feature of the Service, you will be directly connected to the website for the third party provider you
have identified, and Mestory will submit information (including usernames and passwords) that you provide to log
into such third-party sites. You hereby authorize and permit Mestory to use and store information submitted by you
to the Service (such as HIPAA Forms, account passwords and usernames) to accomplish the foregoing, including
submitting your HIPAA Form to third-party providers, and to configure the Service so that it is compatible with
third-party sites for which you submit login information. For purposes of providing the Patient Information to you
as part of the Service, you grant Mestory a limited power of attorney, and appoint Mestory as your
and agent, to access third-party sites and retrieve and use your information with the full power and authority to
and perform each thing necessary in connection with such activities. You acknowledge and agree that when Mestory
is requesting patient information from third-party providers or accessing and retrieving patient information from
third-party sites, Mestory is acting as your agent, and not as the agent of or on behalf of the third party. You
understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the
Mestory’s intellectual property rights
The Service and the contents of the Site, including its “look and feel” (e.g., text, graphics, images, logos and
button icons), photographs, editorial content, notices, software (including html-based computer programs) and
material are protected under both United States and other applicable copyright, trademark and other laws. Subject
your compliance with this Agreement, Mestory and its licensors provide you with a limited, non-exclusive,
non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service and
the Site. The Service and all content on the Site, remain the property of Mestory or its licensors and we do not
transfer title to any portion of the Service to you. Any code or software code that Mestory creates, generates or
displays in the Service is also protected and you may not copy or adapt such code.
Access and interference
You agree that you will not:
post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or
features, or that otherwise interfere with the proper working of the Site or the Service;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way
making up a part of the Site or the Service;
solicit login information, Login IDs or personal information of another person, or access an account,
copy the Service or any part thereof;
use the Service for any commercial purpose;
use the Service for the purpose of gathering information to file a legal claim against a third-party;
attempt to breach any security or authentication measures of the Site or the Service;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure
implemented by Mestory or any other third party to protect the Service or the Site;
interfere or attempt to interfere with other Users’ or Members’ use of the Site or Services, respectively;
defame, abuse, stalk, threaten, intimidate, harass or otherwise violate the legal rights of any User, Member
employee, staff or agent of Mestory;
do anything that could disable, damage, tamper with, impair or otherwise cause interruptions to the proper
of the Service;
use any robot, spider, scraper or other automated means to access, data-mine, data-crawl, scrap or index the
Service in any manner;
provide any false personal information in your account, create more than one account, transfer your account or
create an account for anyone other than yourself;
do anything that is illegal, infringing, fraudulent, malicious or could expose Mestory or Users or Members to
- or facilitate or encourage any violations of this Agreement.
Disclaimer of representations and warranties
The content and all services on the site or provided through the service are provided to you on an “as-is” and “as
Available” basis. Mestory makes no representations or warranties of any kind, express or implied, as to the
Information, content or operation of the service. You expressly agree that your use of the service is at your sole
Mestory makes no representations, warranties or guarantees, express or implied, regarding the accuracy,
Or completeness of the patient information, content on the site or of the service, or the content of any
Sites linked to the service, and expressly disclaims any warranties of non-infringement or fitness for a
Purpose. Mestory makes no representation, warranty or guarantee that the patient information or content that may
Available through the service is free of infection from any viruses or other code or computer programming routines
That contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or
Expropriate any system, data or personal information, and mestory assumes no liability or responsibility for any
Errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever,
Resulting from your access to and use of the service, or (iii) any unauthorized access to or use of our secure
Servers and/or any and all patient information stored therein.
Not medical advice
Neither Mestory nor the service is intended to provide medical advice. The Service is intended only to assist you
in viewing and organizing your health information. Before making any health decisions, you should consult your
Limitations on Mestory’s liability
Mestory shall in no event be responsible or liable to you or to any third party, whether in contract, warranty,
(including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated
Punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part
The site, your use of the service or this agreement, even if mestory has been advised of the possibility of such
Damages. Notwithstanding anything to the contrary in this agreement, mestory’s liability to you for any cause
Whatsoever and regardless of the form of the action, will at all times be limited to $500.00 (five hundred united
Your indemnification of Mestory
You shall defend, indemnify and hold harmless Mestory and its officers, directors, shareholders, agents and
employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but
limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i)
breach of this Agreement by you, (ii) your use or inability to use the Service, (iii) any Content submitted by you
or (iv) your violation of applicable laws. Mestory reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle
claim or matter without the written consent of Mestory.
Ending your relationship with Mestory
This Agreement will continue to apply until terminated by either you or Mestory as set out below. If you want to
terminate your legal agreement with Mestory, you may do so by closing your account for the Service.
Mestory may at any time, terminate its legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do
intend to, or are unable to comply with the provisions of this Agreement);
if Mestory in its sole discretion believes it is required to do so by law (for example, where the provision of the
Service to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
All sections which by their nature should survive the termination of this Agreement shall continue in full force
effect subsequent to and notwithstanding the termination of this Agreement.
Mestory may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the
Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and
agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
Governing law and dispute resolution
This Agreement, and your relationship with Mestory under this Agreement, shall be governed by the laws of the
of Delaware without regard to its conflict or choice of laws provisions. Jurisdiction for any dispute with
or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall
lie exclusively with the state or federal courts within the county of Lewes, Delaware, except with respect to
imminent harm requiring temporary or preliminary injunctive relief in which case Mestory may seek such relief in
court with jurisdiction over the parties.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by
in Lewes, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial
Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes, who shall be selected from the
appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The
party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive
of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses)
incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having
or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the
case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of
proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. You and
Mestory agree that any cause of action arising out of or related to the Site or the Service or this Agreement must
commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently
You understand that, in return for agreement to this provision, Mestory is able to offer the Service at the terms
designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Mestory makes no claims that the Service may be lawfully viewed, downloaded, or accessed outside of the United
States. Access to the Service may not be legal by certain persons or in certain countries. If you access the
you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. When you access
the Service outside of the United States, you acknowledge and agree that information you provide may be
to a jurisdiction other than your country of residence.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent
jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion
of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Mestory does not exercise or enforce any legal right or remedy which is contained in the
(or which Mestory has the benefit of under any applicable law), this will not be taken to be a formal waiver of
Mestory’s rights and that those rights or remedies will still be available to Mestory.
This Agreement represents the entire understanding and agreement between you and Mestory regarding the subject
matter of the same, and supersedes all other previous agreements.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Mestory’s prior written
consent. Any attempt by you to assign or transfer this Agreement without such consent will be null and of no
Mestory may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the
foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted
If there are any questions regarding Mestory or this Agreement, please contact Mestory at:
16192 Coastal Highway
Lewes, Delaware 19958 USA
Phone: +1 (917) 725-2881