Last Updated: May 4, 2025
Welcome to Mario Health. These Terms and Conditions ("Terms") govern your access to and use of the Mario Health application, website, and services (collectively, the "Service"). Mario Health is provided by Mario Health, Inc. ("Mario Health," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.
1.1. "Account" means the account created by you to access and use the Service.
1.2. "Content" means all information, data, text, software, music, audio, photographs, graphics, videos, messages, or other materials that you upload, post, publish, display, or transmit on the Service.
1.3. "Healthcare Information" means any information related to health conditions, treatments, providers, costs, insurance, or other healthcare-related data.
1.4. "Personal Information" means information that identifies you or could reasonably be used to identify you, including but not limited to your name, address, email address, telephone number, date of birth, insurance information, and health information.
1.5. "Protected Health Information" or "PHI" means individually identifiable health information transmitted or maintained in electronic or other form as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").
1.6. "User" means an individual who has registered for and uses the Service.
2.1. Eligibility. To use the Service, you must be at least 18 years of age and capable of forming a binding contract with Mario Health. By using the Service, you represent and warrant that you meet these requirements.
2.2. Account Registration. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.3. Account Security. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Mario Health immediately of any unauthorized use of your account or any other breach of security.
2.4. One Account Per User. You may not create more than one account or create an account for anyone other than yourself without express permission from the other person and Mario Health.
3.1. Healthcare Cost Transparency. Mario Health provides information about the costs of healthcare services, providers, and medications based on your insurance coverage. This information is intended to help you make informed decisions about your healthcare.
3.2. Non-Medical Advice. The Service provides financial and cost information related to healthcare but does not provide medical advice, diagnosis, or treatment. You should always consult with a qualified healthcare provider regarding medical decisions.
3.3. Accuracy of Information. While we strive to provide accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or timeliness of the information provided through the Service. Healthcare costs and insurance coverage can change frequently.
3.4. Service Availability. We may modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
4.1. User Content. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. You represent and warrant that:
a. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Mario Health to use all Content in the manner contemplated by the Service and these Terms;
b. Your Content does not violate any rights of any third party, including intellectual property rights and privacy rights; and
c. All your Content complies with applicable law and these Terms.
4.2. License Grant. By submitting Content to the Service, you grant Mario Health a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Mario Health's business operations.
4.3. Prohibited Content. You may not post or transmit any Content that:
a. Is false, misleading, or fraudulent;
b. Is defamatory, obscene, pornographic, vulgar, or offensive;
c. Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
d. Violates any third party's rights, including any intellectual property rights or privacy rights;
e. Constitutes unauthorized or unsolicited advertising, promotional materials, spam, or any other form of solicitation;
f. Contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware; or
g. Violates any applicable law, regulation, or contractual obligation.
4.4. Prohibited Activities. You agree not to:
a. Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
c. Attempt to gain unauthorized access to the Service or any related systems or networks;
d. Interfere with or disrupt the Service or servers or networks connected to the Service;
e. Use any data mining, robots, or similar data gathering or extraction methods;
f. Create multiple accounts for disruptive or abusive purposes; or
g. Use the Service in any manner that could disable, overburden, damage, or impair the Service.
4.5. Monitoring and Enforcement. We have the right (but not the obligation) to:
a. Remove any Content that violates these Terms or is otherwise objectionable;
b. Take any action with respect to any Content that we deem necessary or appropriate;
c. Take appropriate legal action against any User for any violation of these Terms; and
d. Terminate or suspend your access to all or part of the Service for any violation of these Terms.
5.1. Privacy Policy. Our Privacy Policy, available at [website URL], governs our collection and use of your information. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.
5.2. HIPAA Compliance. To the extent that Mario Health receives, maintains, or transmits PHI, Mario Health will comply with all applicable provisions of HIPAA and its implementing regulations.
5.3. Business Associate Agreement. In certain circumstances, Mario Health may enter into a Business Associate Agreement ("BAA") with healthcare providers or other covered entities as defined by HIPAA. The BAA will govern the use and disclosure of PHI.
5.4. Data Security. We implement appropriate technical and organizational measures to protect your Personal Information and PHI. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security.
5.5. Data Breach Notification. In the event of a data breach involving your Personal Information or PHI, we will notify you in accordance with applicable law and our Privacy Policy.
6.1. Third-Party Services. The Service may contain links to third-party websites, services, or content that are not owned or controlled by Mario Health. We assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
6.2. Insurance Data. The Service may integrate with insurance providers to retrieve your insurance information and coverage details. You authorize these integrations when you provide your insurance information through the Service.
6.3. Healthcare Provider Data. Information about healthcare providers, including costs, services, and quality metrics, is collected from various sources, including public databases, insurance companies, and healthcare providers themselves. We do not guarantee the accuracy of this information.
6.4. Medication Pricing Data. Information about medication costs is collected from pharmacies, pharmaceutical companies, discount programs, and other sources. Prices may vary based on location, pharmacy, insurance coverage, and other factors.
7.1. Ownership. The Service and its original content (excluding Content provided by Users), features, and functionality are and will remain the exclusive property of Mario Health and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
7.2. License to Use. Subject to your compliance with these Terms, Mario Health grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes.
7.3. Feedback. If you provide Mario Health with any feedback, suggestions, improvements, or recommendations regarding the Service ("Feedback"), you hereby grant Mario Health a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
7.4. Trademarks. The Mario Health name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mario Health or its affiliates or licensors. You may not use such marks without the prior written permission of Mario Health.
8.1. Subscription Options. Mario Health may offer various subscription plans with different features and pricing. The specific features and limitations of each subscription plan will be described on our website or within the Service.
8.2. Free Trial. We may offer a free trial of the Service. At the end of the free trial period, you will be charged the applicable subscription fee unless you cancel your subscription before the end of the trial period.
8.3. Payment. By subscribing to a paid plan, you agree to pay all fees associated with the plan you select. We may use third-party payment processors to bill you through a payment account linked to your account.
8.4. Recurring Billing. For subscription plans, your payment method will be charged automatically at the beginning of each subscription period. By subscribing, you authorize us to charge your payment method for the subscription plan you selected.
8.5. Cancellation. You may cancel your subscription at any time through your account settings or by contacting customer support. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.
8.6. Price Changes. We may change the fees for the Service or any part thereof at any time. If we change the fees for your subscription plan, we will provide notice at least 30 days before the change takes effect.
9.1. Disclaimer of Warranties. THE SERVICE IS 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. MARIO HEALTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
9.2. Healthcare Decisions. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS NOT MEDICAL ADVICE AND THAT HEALTHCARE DECISIONS SHOULD BE MADE IN CONSULTATION WITH QUALIFIED HEALTHCARE PROVIDERS. MARIO HEALTH IS NOT RESPONSIBLE FOR ANY HEALTHCARE DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICE.
9.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARIO HEALTH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
a. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
b. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
c. ANY CONTENT OBTAINED FROM THE SERVICE; OR
d. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
9.4. Liability Cap. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARIO HEALTH TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF:
a. THE AMOUNT PAID BY YOU TO MARIO HEALTH FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
b. ONE HUNDRED DOLLARS ($100).
9.5. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10.1. Indemnity. You agree to defend, indemnify, and hold harmless Mario Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
a. Your violation of these Terms;
b. Your User Content;
c. Your use of the Service; or
d. Your violation of any rights of another.
11.1. Governing Law. These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any principles of conflicts of law.
11.2. Dispute Resolution. Any dispute arising out of or relating to these Terms or the Service shall be resolved through the following process:
a. Informal Negotiation. You and Mario Health shall first attempt to resolve any dispute informally for at least 30 days before initiating any arbitration or court proceeding.
b. Binding Arbitration. If the dispute is not resolved through informal negotiation, either party may initiate binding arbitration as the sole means to resolve claims. All claims shall be arbitrated on an individual basis, and not on a class action basis.
c. Arbitration Procedures. The arbitration shall be conducted by the American Arbitration Association under its Consumer Arbitration Rules, or by another mutually agreeable arbitration service. The decision of the arbitrator shall be final and binding.
d. Arbitration Location. The arbitration may be conducted in person, through document submission, through telephone, or online. If in person, the arbitration shall take place in [City, State].
e. Exceptions. Nothing in these Terms will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property, unauthorized access, or data security or privacy.
11.3. Class Action Waiver. YOU AND MARIO HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4. Time Limitation. You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose, otherwise, your claim is permanently barred.
12.1. Amendments. We may modify these Terms at any time. If we make material changes to these Terms, we will provide notice by posting the updated Terms on the Service and/or sending you an email or other notification. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.
12.2. Review. You are responsible for regularly reviewing these Terms. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
13.1. Termination by You. You may terminate your account and discontinue use of the Service at any time by following the instructions in your account settings or by contacting customer support.
13.2. Termination by Mario Health. We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.
13.3. Effect of Termination. Upon termination, your right to use the Service will cease immediately. If your account is terminated for any reason, you may no longer have access to your data stored in the Service.
13.4. Survival. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14.1. Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions published by Mario Health on the Service, constitute the entire agreement between you and Mario Health concerning the Service.
14.2. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mario Health's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14.3. Severability. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
14.4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Mario Health's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Mario Health may assign or transfer these Terms, without notice or restriction, at its sole discretion.
14.5. Relationship. Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Mario Health.
14.6. Force Majeure. Mario Health shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Mario Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
14.7. Notices. Any notices or other communications provided by Mario Health under these Terms will be given by posting to the Service or via email to the email address you provide.
14.8. Contact Information. If you have any questions about these Terms, please contact us at:
Mario Health, Inc.
[Address]
privacy@mariohealth.com
[Phone Number]
15.1. California Residents. If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please see our Privacy Policy for more information.
15.2. EU Residents. If you are a resident of the European Union, you may have certain rights under the General Data Protection Regulation (GDPR). Please see our Privacy Policy for more information.
15.3. International Users. The Service is controlled, operated, and administered by Mario Health from its offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Service in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.