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Policies & Agreements

This page brings together the policies and agreements that apply to Blackstone Medical Services patients and users of the Blackstone Sleep Health app. Use the links below to go straight to a policy.

Privacy Policy

Last modified: March 7, 2025

Introduction

BLACKSTONE MEDICAL SERVICES, LLC (the “Company” or “We“) respects your privacy and is committed to protecting it through our compliance with this privacy policy (the “Policy”). The Policy should be read in connection with the Sleep Health Application End User License Agreement (the “EULA”), HIPAA Privacy Practices Policy, Medical Benefits Assignment, any applicable delivery ticket(s), and any terms and conditions or terms of use applicable to the Blackstone Medical Services Sleep Health Application (the “App“), the Company’s website (the “Website”), and any other applications or websites of the Company used or accessed by you in connection with the home sleep study (the “Services”).

This Policy describes:

  • The types of information we may collect or that you may provide when you download, access, register with, or use the App.
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in the App and in email, text, and other electronic communications sent through or in connection with the App.

This Policy DOES NOT apply to information that:

  • We collect offline or on any other Company applications or websites which are not otherwise intended to be used or accessed in connection with the Services.
  • You provide to or is collected by any third party.

Our websites and applications, and other third parties, may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read the Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App.

BY CLICKING “I AGREE” OR OTHERWISE INDICATING YOUR CONSENT WHEN PROMPTED TO DO SO BY THE APP OR BY USING THE WEBSITE IN CONNECTION WITH THE SERVICES, YOU AGREE TO THIS POLICY.

This Policy may change from time to time in the sole discretion of the Company, in accordance with the terms set forth herein. Your continued use of this App after we revise the Policy means you accept those changes, so please check the Policy periodically for updates.

Children Under the Age of 18

The Services are not intended for children under eighteen (18) years of age, and we do not knowingly collect Personal Health Information (as defined below) from children under eighteen (18). If we learn we have collected or received Personal Health Information from a child under eighteen (18) without verification of parental consent, we will promptly delete such information. If you believe we might have any information from or about a child under eighteen (18), please contact us using the contact information below.

Information We Collect and How We Collect It

We collect information from and about users of our App:

  • Directly from you when you provide it to us.
  • Automatically when you use the App.
  • When you authorize us to receive your information from third parties.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified (“PII”), such as:
    • Personal Identifiers (such as your name, postal address, email address, telephone number, social security number)
    • Personal Information Categories, as listed in Cal. Civ. Code Sec. 1798.80(e) (including but not limited to your name, driver’s license number, insurance policy number, or other information which may overlap with other categories of information collected, as set forth in this policy)
    • Protected Classification Characteristics, as protected under state or federal law (including but not limited to age, race, sex, medical conditions, physical or mental disability)
    • Commercial Information (such as records of products/services purchased, obtained or considered, or other purchasing or consuming histories or tendencies)
    • Biometric Information (including genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data)
    • Internet or Network Activity (browsing history, search history, information on your interaction with a website, application, or advertisement)
    • Geological Data (such as your physical location or movements)
    • Sensory Data (audio, electronic, visual, thermal, olfactory, or similar information)
    • Professional or Employment Related Information (occupation)
    • Inferences Drawn from PII (profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes)
    • Information related to your medical history, including information, whether oral or recorded in any form or medium that is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse and relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, or any other information that is considered “protected health information” under certain state laws and federal laws such as HIPAA and HITECH (collectively, “Personal Health Information” or “PHI”).
  • That is about you but individually does not identify you.

This information includes information that you provide:

  • By filling in forms or responding to prompts for information in the App. This includes information provided at the time of registering to use the App and/or subscribing to or electing to participate in any of our services, including requesting further services.
  • Upon reporting a problem with the App.
  • In correspondence with us. We may retain records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • By responding to surveys or questionnaires that we might ask you to complete for research, customer satisfaction, or other purposes.
  • By responding to bill pay notifications. You may be required to provide financial information to our payment processor, at which time, the terms of service of such payment processor will be provided.

We abide by the following principles with respect to your information:

The Company will not collect any more PII than is considered necessary for the purposes collected

PII is used for the specific purposes set forth in this Policy

PII is not stored longer than is deemed necessary

PII is not shared with any third parties except as provided in this Policy

The Company will abide by any applicable law and/or Business Associate Agreement with respect to your PHI, notwithstanding this Policy

Automatic Information Collection and Tracking

When you download, access, and use the App, it may use technology to automatically collect information about your interaction with and use of the App or Website, including:

  • Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources or features that you access and use on or through the App.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Location Information. This App collects real-time information about the location of your device.
  • Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, and similar information.
  • Behavioral Tracking. The App may use technologies to collect information about your activities over time and across third-party websites, apps, or other online services.
  • Security. Certain data collection may be used to protect you and us and to detect any violations of this Policy or the Agreement.
  • Performance. The App may use technologies to ensure optimal use of the Services and the App or Website.

IF YOU DO NOT WANT US TO COLLECT THIS INFORMATION DO NOT DOWNLOAD THE APP OR DELETE IT FROM YOUR DEVICE.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website, located at https://optout.networkadvertising.org/?c=1.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies. A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
  • Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain content and verifying system and server integrity).

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.
  • Advertisers, ad networks, or ad servers.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your Personal Health Information or they may collect information, including Personal Health Information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any Personal Health Information, to:

  • Provide you with the Services, and any other information, products or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account/subscription, including expiration and renewal notices, as applicable.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
  • Notify you of any updates to our policies and terms of service, as applicable.

The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the App.

We may use location information we collect to provide you information in connection with use of the Services, such as identifying the nearest courier for purposes of shipping the home sleep test device.

We may use your information to contact you about other goods and services we offer that may be of interest to you.

We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Health Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.

SUBJECT TO APPLICABLE STATE AND FEDERAL LAW, INCLUDING BUT NOT LIMITED TO OUR OBLIGATIONS UNDER HIPAA AND HITECH, WE MAY LICENSE, SELL, OR OTHERWISE SHARE AGGREGATED, DE-IDENTIFIED VERSIONS OF YOUR PHI AND OTHER DATA (“DEIDENTIFIED INFORMATION”) WITH OUR SUBSIDIARIES, AFFILIATES, PARTNERS, CUSTOMERS, INVESTORS, AND CONTRACTORS FOR ANY PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT COMPANY IS THE SOLE AND EXCLUSIVE OWNER OF ANY DEIDENTIFIED INFORMATION CREATED BY COMPANY AND THAT YOU HAVE NO OWNERSHIP OR OTHER INTELLECTUAL PROPERTY RIGHTS IN OR TO SUCH DEIDENTIFIED INFORMATION.

In addition, we may receive or disclose other information, including Personal Health Information, that we collect or you provide:

  • To your physician and insurance carrier, as applicable.
  • To our subsidiaries and affiliates who are bound by contractual obligations to keep PHI and other information confidential and use it only for the purposes for which we disclose it to them.
  • To contractors, service providers, and other third parties we use to support our business and provide the services, including durable MyCardio, LLC and medical equipment providers and who are bound by contractual obligations to keep PHI and other information confidential and use it only for the purposes for which we disclose it to them.
  • To our third-party payment provider, as applicable.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Health Information held by the Company about our App users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the EULA, and for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and data security.

Accessing and Updating Your Personal Health Information

You can review and change your PHI or other information by logging into the App and visiting your account profile page. We cannot change your PHI or other information nor can we delete your PHI or other information except by also deleting your user account. We may deny access to your PHI or Personal Health Information when required by law or if we believe such access would cause the PHI or other information of a third party to be revealed.

You may also contact us to request access to, correct, or delete any Personal Health Information that you have provided to us; provided, however that certain information we may not be able to delete without deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Data Security

We have implemented measures designed to secure your Personal Health Information and other information from accidental loss and from unauthorized access, use, alteration, and disclosure. Information you provide to us is stored on our secure database and all medical records are encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Health Information, we cannot guarantee the security of your Personal Health Information transmitted through our App. Any transmission of Personal Health Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Changes to Our Privacy Policy

We may update this Policy from time to time. If we make material changes to how we treat our users’ Personal Health Information, we will post the new privacy policy on this page with a notice that the Policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

Contact Consent

By clicking Select, Agree or logging into the Blackstone SleepHealth (Android/iOS) or Blackstone Sleep (iOS) app, I am providing my express written consent to permit Blackstone Medical Services, staff, contractors and subsidiaries, to contact me by telephone, email or text (SMS Messages), including through automated technology.

SMS Messaging

You are able to sign up for SMS messages – please note that messaging frequency will vary, and message and data rates may apply. You can text HELP for help, or STOP to stop at any time. The phone number and SMS consent obtained for the purpose of SMS is not shared with third parties for marketing purposes.

SMS Terms of Service

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Blackstone Medical Services. This includes SMS messages for appointment scheduling, appointment reminders, post-visit instructions, lab notifications, and billing notifications. Message frequency varies. Message and data rates may apply. See privacy policy at https://www.blackstonemedicalservices.com/privacy-policy-2/ Message HELP for help. Reply STOP to any message to opt out.

Related Policies and Forms

Contact Information

To ask questions or comment about the Policy and our privacy practices, contact us at:

1-888-710-2727 or email us at: customersupport@blackstonemedicalservices.com

For refunds, email: refundrequest@blackstonemedicalservices.com

For receipts, email: receiptrequest@blackstonemedicalservices.com

For a time extension when doing your test, email: extension@blackstonemedicalservices.com

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HIPAA Notice of Privacy Practices

This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

A federal regulation, known as the “HIPAA Privacy Rule”, requires that we provide detailed notice in writing of our privacy practices.

As a patient, you have the following rights:

  1. The right to inspect and copy your information
  2. The right to request corrections to your information
  3. The right to request that your information be restricted
  4. The right to request confidential communications
  5. The right to a report of disclosures of your information; and
  6. The right to a paper copy of this notice

Uses and/or disclosures which do not require your written authorization may include:

Treatment: We will use your health information to make decisions about the provision, coordination or management or your healthcare. It may also be necessary to share your health information with another health care provider whom we need to consult with respect to your care.

Payment: We may need to use or disclose information in your health record to obtain reimbursement from you, from your health insurance carrier, or from another insurer for our services rendered to you. This may include determinations of eligibility or coverage under the appropriate health plan, pre-certification and pre-authorization of services or review of services for the purpose of reimbursement. This information may also be used for billing, claims management and collection purposes, and related healthcare data processing through our system.

Operations: Your health records may be used in our business planning and development operations, including improvements in our methods of operation, and general administrative functions. We may also use the information in our overall compliance planning, healthcare review activities, and arranging for local and auditing functions.

There are certain other circumstances under which we may use or disclose your health information without first obtaining your Acknowledgement or Authorization. Those circumstances generally involve public health and oversight activities, law-enforcement activities, judicial and administrative proceedings, and in the event of death. Specifically, we may be required to report to certain agencies information concerning certain communicable diseases, sexually transmitted diseases or HIV/AIDS status. We may also be required to report instances of suspected or documented abuse, neglect or domestic violence. We are required to report to appropriate agencies and law-enforcement officials information that you or another person is in immediate threat of danger to health or safety as a results of violent activity. We must also provide health information when ordered by a court of law to do so.

Others Involved in Your Healthcare: Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for our care of your location, general condition or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your healthcare.

Communication Barriers and Emergencies: We may use and disclose your protected health information if we attempt to obtain consent from you but are unable to do so because of substantial communication barriers and we determine, using professional judgment, that you intend to consent to use or disclosure under the circumstances. We may use or disclose your protected health information in an emergency treatment situation. If this happens, we will try to obtain your consent as soon as reasonably practicable after the delivery of treatment. If we are required by law or as a matter of necessity to treat you, and we have attempted to obtain your consent but have been unable to obtain your consent, we may still use or disclose your protected health information to treat you.

Except as indicated above, your health information will not be used or disclosed to any other person or entity without your specific authorization, which may be revoked at any time. In particular, except to the extent disclosure has been made to governmental entities required by law to maintain the confidentiality of the information, information will not be further disclosed to any other person or entity with respect to information concerning mental health treatment, drug and alcohol abuse, HIV/AIDS or sexually transmitted diseases that may be contained in your health records. We likewise will not disclose your health-record information to an employer for purposes of making employment decisions, to a liability insurer or attorney as a result of injuries sustained in an automobile accident, or to educational authorities, without you written authorization.

You have certain rights regarding your health record information, as follows:

  1. (1) You may request that we restrict the uses and disclosures of your health record information for treatment, payment and operations, or restrictions involving your care or payment related to that care. We are not required to agree to the restriction; however, if we agree, we will comply with it, except with regard to emergencies, disclosure of the information to you, or if we are otherwise required by law to make a full disclosure without restriction.
  2. (2) You have a right to request receipt of confidential communications of your medical information by an alternative means or at an alternative location. If you require such an accommodation, you may be charged a fee for the accommodation and will be required to specify the alternative address or method of contact and how payment will be handled.
  3. (3) You have the right to inspect, copy and request amendments to your health records. Access to your health records will not include psychotherapy notes contained in them, or information compiled in anticipation of or for use in a civil, criminal or administrative action or proceeding to which your access is restricted by law. We will charge a reasonable fee for providing a copy of your health records, or a summary of those records, at your request, which includes the cost of copying, postage, and preparation or an explanation or summary of the information.
  4. (4) All requests for inspection, copying and/or amending information in your health records, and all requests related to your rights under this Notice, must be made in writing and addressed to the Privacy Officer at our address. We will respond to your request in a timely fashion.
  5. (5) You have a limited right to receive an accounting of all disclosures we make to other persons or entities of your health information except for disclosures required for treatment, payment and healthcare operations, disclosures that require and Authorization, disclosure incidental to another permissible use or disclosure, and otherwise as allowed by law. We will not charge you for the first accounting in any twelve-month period; however, we will charge you a reasonable fee for each subsequent request for an accounting within the same twelve-month period.
  6. (6) If this notice was initially provided to you electronically, you have the right to obtain a paper copy of this notice and to take one home with you if you wish.

You may file a written complaint to us or to the Secretary of Health and Human Services if you believe that your privacy rights with respect to confidential information in your health records have been violated. All complaints must be in writing and must be addressed to the Privacy Officer (in the case of complaints to us) or to the person designated by the U.S. Department of Health and Human Services if we cannot resolve your concerns. You will not be retaliated against for filing such a complaint. More information is available about complaints at the government’s website, http://www.hhs.gov/ocr/hipaa.

All questions concerning this Notice or requests made pursuant to it should be addressed to officemanager@blackstonemedicalservices.com.

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Blackstone Sleep Health End User License Agreement

This Blackstone Sleep Health End User License Agreement (together with the Privacy Policy, HIPAA Policy, and any other terms of use and terms and conditions applicable to the services provided hereunder, the “Agreement“) is a binding agreement between you (“End User” or “you“) and BLACKSTONE MEDICAL SERVICES, LLC (the “Company“).

This Agreement governs your use of the Blackstone Sleep Health, (including all related documentation, the “App“). The App is licensed, not sold, to you in accordance with the terms and conditions herein.

BY CLICKING “I AGREE” OR BY OTHERWISE INDICATING YOUR CONSENT TO THE TERMS AND CONDITIONS OF THE APP WHEN PROMPTED TO DO SO BY THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP OR DELETE IT FROM YOUR MOBILE DEVICE.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device“), strictly in accordance with the App’s documentation; and

(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 5) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 5.

2. License Restrictions. You shall not:

(a) copy the App, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App; or

(g) use the App in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any: (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; (iv) and military or aerospace applications, weapons systems, or environments.

3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers, as applicable, reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App (see the Privacy Policy for further information on how this information is collected and for what purposes it is used). You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may require certain information about yourself to be shared with others, in accordance with the Privacy Policy. All information we collect through or in connection with the App is subject to the Privacy Policy and the Company’s HIPAA Policy. Pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”) and any applicable Business Associate Agreement, the Company is permitted to use and/or aggregate deidentified data. BY CLICKING “I AGREE” OR BY OTHERWISE INDICATING YOUR CONSENT TO THE TERMS AND CONDITIONS OF THE APP WHEN PROMPTED TO DO SO BY THE APP, YOU EXPRESSLY CONSENT TO TREATMENT, PAYMENT, HEALTHCARE OPERATIONS, AND ALL OTHER ACTIONS TAKEN BY THE COMPANY WHICH MAY INCLUDE TRANSPORTING YOUR DATA TO THIRD PARTIES INVOLVED IN PAYMENT PROCESSING OR PROVIDING CARE WITH RESPECT TO THE SLEEP STUDY SERVICES PROVIDED IN CONNECTION WITH THE APP, SUBJECT TO THE PRIVACY POLICY AND HIPAA POLICY.

5. Content and Services. The App may provide you with access to Company’s website located at blackstonemedicalservices.com (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, “Content and Services“). Your access to and use of such Content and Services are governed by the Agreement. You may be required to register with the Website, and your failure to do so may restrict your access or use of certain of the App’s features and functionality. Any violation of any terms of use governing the Website will be deemed a violation of this Agreement.

6. Geographic Restrictions. The Content and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

7. Patient Data and Legal Compliance. If the App is enabled to allow users to transmit, store, manage, or receive confidential patient information (“Patient Health Information” or “PHI”), state and federal laws, including but not limited to HIPAA, and the Privacy Rule and Security Rule enacted pursuant to HIPAA, may govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information (collectively, the “Privacy Laws”). The Company uses commercially reasonable efforts to protect user information, including PHI, from unauthorized access or use and will promptly report to users any unauthorized access or use of such information to the extent required by applicable law (please refer to the Privacy Policy for the Company’s data security measures). The Company always strives to be compliant with all applicable privacy and security laws and regulations.

8. Updates. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the App may automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

9. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

10. Term and Termination.

(a) The term of the Agreement commences when you download the App and acknowledge your acceptance of the terms and conditions of the Agreement. The term will continue in effect until terminated by you or Company as set forth in this Section 10.

(b) You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement without notice at any time and for any reason or no reason at all. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

(i) all rights granted to you under this Agreement will also terminate; and

(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity.

11. Disclaimer of Warranties. THE APP IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS (US $100.00) OR THE AMOUNT ACTUALLY YOU ACTUALLY PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS FOR THE APP, IF ANY (THE “CAP”). IF THE CAP SET FORTH HEREIN IS FOUND TO BE UNENFORCEABLE, SUCH CAP ON DAMAGES SHALL BE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.

14. Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

15. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

16. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

17. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Tampa and Hillsborough County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN THE SHORTER OF: (A) ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OR (B) THE SHORTEST LIMIT OF TIME PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM NOT BROUGHT WITHIN THE APPLICABLE TIMEFRAME ABOVE IS PERMANENTLY BARRED.

19. Entire Agreement. This Agreement constitutes the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

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Patient Refund Policy

BMS POLICY OF 26 MAY 2022

After you have completed the test, you will be required to return the testing device to Blackstone in the package provided. Once Blackstone receives your device, Blackstone will then conduct an accounting of all testing costs, fees and payments made associated with your account, including any applicable late fees. After you have returned the device, you may want to contact your insurance company to inquire about whether any portion if any of the testing fee was not covered by insurance and for which you will be responsible, or alternatively if you are entitled to a credit for an overpayment.

If the amount for which you are responsible exceeds your initial payment to Blackstone, you will have a balance due. If the amount for which you are responsible is less than your initial payment to Blackstone, you will be entitled to an overpayment refund. If you are entitled to such a refund, Blackstone will automatically attempt to refund the amount to your original payment method within 30 days after receiving an EOB from your Insurance Company, the account balance is finalized, and Blackstone’s billing system reflects the credit balance.

If Blackstone’s first attempt at refunding a credit balance is unsuccessful for any reason, Blackstone will make a second attempt within 30 days from the first unsuccessful attempt. If this second attempt is also unsuccessful, Blackstone will mail a refund check to the address where the testing equipment was sent unless you have provided Blackstone with an updated address, in which case it will be sent to that address. If Blackstone issues an overpayment refund check which has not been cashed within 90 days of issuance, the check will thereafter be rendered void and you will need to contact Blackstone to request a replacement. Blackstone reserves the right to charge you as reimbursement for any and all costs and fees charged to Blackstone by any bank as a result of the cancellation of the check .

After Blackstone has made the three attempts to issue the overpayment as outlined above, if all three attempts are unsuccessful and thereafter there has been no customer contact or account activity for a period of five (5) years from the date the refund became payable, the funds associated with the check will be considered unclaimed property in accordance with applicable Florida law. Prior to remitting such funds to the State of Florida, Blackstone will make one final attempt to contact you at your last known address to notify you of the outstanding refund. If Blackstone does not receive a response from you within 30 days of that final notification, Blackstone will remit the funds to the Florida Department of Financial Services in accordance with state unclaimed property requirements.

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Device Return & Late Fee Policy

BMS POLICY OF 26 MAY 2016

THIS EQUIPMENT IS THE PROPERTY OF BLACKSTONE MEDICAL SERVICES. PROPER CARE AND HANDLING OF THIS DEVICE IS ESSENTIAL AS THE DATA INSIDE THIS DEVICE WILL BE USED TO REPORT YOUR STUDY.

HOW LONG DO I HAVE TO DO THE STUDY?

YOU HAVE 5 (FIVE) CALENDAR DAYS FROM THE DAY YOU RECEIVE THIS EQUIPMENT, BASED ON TRACKING INFORMATION, TO DO THE STUDY AND SEND IT BACK USING THE PREPAID RETURN LABEL BEFORE WE CONSIDER THE EQUIPMENT TO BE SUBJECT TO A LATE FEE OR LOST.

IF YOU HAVE ANY DIFFICULTY COMPLETING THE TEST IN THAT TIME, CONTACT US EITHER BY TELEPHONE 813-831-2727, LIVE CHAT IS AVAILABLE DURING BUSINESS HOURS (MONDAY – FRIDAY, 8AM – 5PM EST) OR EMAIL CUSTOMERSUPPORT@BLACKSTONEMEDICALSERVICES.COM.

WE ASK THAT YOU IMMEDIATELY RETURN ALL THE EQUIPMENT, ALL OF THE CONTENTS AND FILLED OUT PAPERWORK THAT WAS ORGINALLY DELIVERED TO YOU AFTER YOU HAVE COMPLETED THE TEST, USING THE PREPAID SHIPPING LABEL THAT HAS BEEN PROVIDED.

LATE FEE

AFTER 5 (FIVE) CALENDAR DAYS, IF THE EQUIPMENT HAS NOT BEEN SENT BACK, YOU WILL BE CHARGED A LATE FEE OF $25.00 (TWENTY FIVE DOLLARS) PER DAY UP TO $300.00 (THREE HUNDRED DOLLARS) (DAY 17) AFTER WHICH TIME THE EQUIPMENT IS CONSIDERED TO BE LOST AND YOU WILL BE RESPONSIBLE FOR THE FULL REPLACEMENT COST.

REPLACEMENT COST FOR UNRETURNED DEVICES

IF THE EQUIPMENT IS NOT RETURNED AFTER 17 DAYS, AND WE HAVE NOT RECEIVED CONFIRMATION THAT IT WAS RETURNED, YOU WILL BE CHARGED THE FULL REPLACEMENT COST OF THE EQUIPMENT, WHICH MAY BE UP TO $1,500.00 (FIFTEEN HUNDRED DOLLARS) AFTER THE 17 DAYS HAVE PASSED.

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Patient Forms