Decent Inc. Terms of Use

These Terms of Use were last updated March 29, 2024

Carefully read these terms and conditions of use (“Terms”) as they govern your access to and use of Decent Inc.’s Websites and the Decent Services provided on such Websites (the “Platform”). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

• www.Decent.com and apps.Decent.com (our “Websites”);
• Any products available for purchase, and the services made available, through our Websites (such products and services collectively referred to in these Terms as the “Decent Services”).

Throughout this document, we will refer to Decent Inc. as “Decent.” Sometimes we will simply say “we,” “us” or “our.” We may refer to you as “you” or “your,” or for individuals that are enrolled in an employer-sponsored health plan, we may refer to you as a “Member” of the Decent Services.

1. Acceptance of Terms; Revisions

These Terms are a legal agreement between you and Decent. By accessing and using the Platform and, when applicable, checking the “I Agree” box, you acknowledge that you have read these Terms in their entirety, understand them, and agree to be bound by the terms and conditions in these Terms and our Privacy Policy. If you do not agree to be bound by these Terms and our Privacy Policy, you should not check the “I Agree” box. In this case you are not authorized to access or use our Platform and will not be provided access to the Decent Services; PROMPTLY EXIT THIS PLATFORM.

Decent may make changes to these Terms at any time at our discretion. Notice of a material change to these Terms will be posted conspicuously on the Platform and we will update the date on the Terms. We encourage you to review our Platform and these Terms regularly for any such changes. Your continued access to or use of the Platform shall be deemed your acceptance of these changes and the reasonableness of these standards for providing notice of the changes.

2. Ownership of the Platform

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Decent, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”). Any copying, redistribution, use, or publication by you of any such Content or any part of the Site is prohibited, except as expressly permitted by this Agreement. 

You understand that this Platform is owned and maintained by Decent. This Platform is not owned or maintained by or affiliated with any health insurance carrier or other third party. The email addresses and telephone numbers that appear throughout the Platform belong to Decent and cannot be used to contact any health insurance carrier or other third party.

3. Availability

Decent operates subject to state and federal regulations. By accessing and using the Platform, you represent and warrant that you, and any entity or organization for which you are a representative, are not a person barred from enrolling for or receiving the Decent Services or accessing the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users within the United States. Decent Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited. You assume responsibility for knowledge of applicable laws and are responsible for compliance with any such laws. Decent reserves the right to suspend or rescind access to the Platform to any person it learns has accessed the Platform in violation of applicable law or these Terms of Use. 

4. Access to Platform, Security, and Restrictions.

You are responsible for (1) providing all equipment and hardware necessary for you to access the Platform, including computer, tablet, mobile device, and/or modem and (2) providing for your access to an Internet connection to access the platform. We are not responsible for data charges, or any other charges or fees, you incur by connecting to or attempting to connect to the Platform. 

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms or in violation of applicable law.

If you submit, upload, post, or transmit any protected health information, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication unless you have a separate, valid legal basis to do so. You represent and warrant to Decent that you have the legal right and authorization to provide all User Information to Decent for use as set forth herein and required by Decent.

Decent may de-identify your information such that it is no longer considered protected health information in accordance with the requirements under the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA). Decent may use such de-identified information, and disclose such de-identified information to third parties, as permitted by law.

5. No Platform Users Under 18 Years Old

In order to access the Platform and the Decent Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information directly from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information directly from someone under the age of 18, please contact us.

6. Provision of Information

You agree to provide true, accurate, current, and complete information when using the Platform. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and/or access to the Platform. 

7. Accuracy and Integrity of Information

We make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties.

If you believe there is a discrepancy in your account, you must notify Decent immediately, and Decent will use commercially reasonable efforts to resolve the discrepancy and any error or omission that may result therefrom in a prompt manner. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Decent shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party. 

8. Links to Other Websites

Our Platform may include links to and integrated services from third-party websites. We make no representations whatsoever about any website operated by a third-party that you may access through the Platform. When you access a third-party website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a third-party website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Platform, you do this entirely at your own risk.

9. Monitoring Call Center Services

Decent may electronically monitor the Decent Services and may disclose any data, records, or electronic communication as permitted by applicable law. If you call Decent with questions about the Decent Services, your questions may be answered by a third-party call center pursuant to an agreement between the call center and Decent. Such conversations may be recorded for purposes of quality control and improvement, to better deliver the Decent Services, and to help us improve the Platform. By accessing and using our Platform, you agree and consent to such recordings for the purposes and uses set forth in these Terms and as otherwise set forth in the Privacy Policy.

10. Electronic Communications

When you use the Platform, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically are considered to be in writing. Decent may contact you by telephone, mail, or e-mail to verify your information. Decent may request further reasonable information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.

Decent is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”) to the extent applicable. In the event you receive a communication from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us. By providing your mobile number and/or email address, you are agreeing to be contacted by or on behalf of us at the mobile number or email address you have provided, including calls and emails to receive informational, product or service-related messages and communications relating to the Platform. To unsubscribe from emails, follow the “unsubscribe” link we provide at the bottom of emails. To opt-out of receiving future SMS messages, reply “STOP” to any SMS message received from Decent. 

12. No Third Party Rights

Unless expressly stated in these Terms, nothing herein is intended to confer any rights, obligations, duties, or remedies, on any person other than you and Decent. Nothing in the Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Decent, nor shall any provision give any third parties any right of subrogation or action over you and Decent. The Platform is only provided for your benefit and may not be relied on by any third party.

13. Modifications and Interruption to Services

Decent reserves the right to stop providing the Platform or the Decent Services with or without notice to you. Decent shall not be liable to you or any third party should Decent exercise its right to stop providing the Platform or the Decent Services. You acknowledge that Decent does not guarantee continuous or uninterrupted access or use of the Platform and operation of the Platform may be interfered with or adversely affected by numerous factors or circumstances outside of Decent’s control. In the event your access to the Platform or Decent Services is terminated or suspended, Decent will continue to take actions necessary to comply with its obligations under applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless us, our licensors, vendors, insurers, agents, and commercial partners and our respective officers, directors, employees, and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise directly or indirectly out of or in connection with: (i) your misuse of the Platform, Decent Services, or any information posted on the Platform; (ii) your breach of these Terms or Privacy Policy; (iii) the content or subject matter of any information you provide to Decent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Decent Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Decent Services ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND Decent AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE Decent SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, Decent AND ITS VENDORS DO NOT WARRANT THAT THE Decent Services WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Decent Services ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Decent Services IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

16. Exclusive Remedy

If you are dissatisfied with the Decent Services (including without limitation these Terms), your sole and exclusive remedy is to discontinue using the Platform and Decent Services, except as specifically set forth in these Terms.

17. Limitations on Liability

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Decent AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AFFILIATES, AND VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE PLATFORM, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE Decent Services OR ANY SUBJECT MATTER OF THESE TERMS, EVEN IF Decent HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. 

18. Force Majeure

We will not be deemed to be in breach of these Terms or liable or deemed to have defaulted for any breach of these Terms or our Privacy Policy for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of these Terms; (f) national or regional emergency; and (g) other events beyond our reasonable control. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Events are minimized. We shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.

19. Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Platform and Decent Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Decent agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Platform, including Decent Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Decent are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Decent.

If you desire to assert a claim against Decent, and you therefore elect to seek arbitration, you must first send to Decent, by certified mail, a written notice of your claim (“Notice”). The Notice to Decent should be addressed to: Decent, Attn: LEGAL NOTICE, 2021 Fillmore St PMB2037, San Francisco, CA 94115 (“Notice Address”). If Decent desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Decent, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Decent and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Decent may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Decent or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration www.adr.org. If you are required to pay a filing fee, after Decent receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Unless Decent and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Decent’s last written settlement offer made before an arbitrator was selected (or if Decent did not make a settlement offer before an arbitrator was selected), then Decent will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND Decent 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. Further, unless both you and Decent agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for San Francisco County, CA. The laws of the State of California will govern these Terms, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Terms or the Decent Services. Both Decent and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.

20. Privacy Policy

In addition to reviewing these Terms, you should also review our [link to Privacy Policy] to better understand how we collect and use your personal information. Decent’s Privacy Policy is incorporated into these Terms by reference. 

21. Miscellaneous Terms

If any provision of these online Terms is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either you or Decent to require performance by the other party of any provision of these Terms will not affect the right to require performance at any time in the future; nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of the provision itself. These Terms (including without limitation our Privacy Policy) are the entire and exclusive agreement between you and Decent with respect to your access and use of the Decent Services. Except as otherwise provided herein, any notice permitted or required to be given under these Terms shall be deemed sufficient if given by registered or certified mail, postage prepaid, return receipt requested, by private courier service or by facsimile or email addressed to your address as provided upon your registration and/or to Decent Inc., 2021 Fillmore St PMB2037, San Francisco, CA 94115, or to such other addresses as the parties may designate by like notice from time to time. A notice so given shall be effective upon (a) receipt by the party to which the notice is given, or (b) on the fifth day following domestic mailing or the tenth day following international mailing, whichever occurs first.

22. Contact Us

Decent Inc.
2021 Fillmore St PMB2037

San Francisco, CA 94115

1-888-DECENT9

support@decent.com