Terms of Use

Link to Parent User Terms of Use

Link to Healthcare Provider Terms of Use

Parent User Terms of Use

Effective Date: May 15, 2025

Welcome to the Terms of Use (“Terms”) for OtisHealth, Inc. (“Company”, “we”, “our” or “us”) platform, specifically the Life Events Platform (the “Platform”) currently provided via the Company’s mobile apps and online platforms and available through web browsers and by downloading from the Apple App Store and the Android Play Store.  

The Platform is provided as a service of the California Department of Public Health (“CDPH”), in its function to produce birth certificates and collect vital statistics data. Birth certificate information is collected pursuant to California Health and Safety Code (HSC) sections 102400, 102425 and 102426. These laws list all of the information required on the California birth certificate. Birth certificate information is collected by the birth clerk. It is then securely sent to the local health department for local registration and then to the California Department of Public Health – Vital Records for state registration.

PLEASE READ THESE TERMS (INCLUDING THE PRIVACY POLICY FOR THE PLATFORM, LOCATED HERE, WHICH IS INCORPORATED HEREIN BY REFERENCE) CAREFULLY AND IN THEIR ENTIRETY. THEY SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. BY USING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM. 

THE PLATFORM

THE PLATFORM, WHICH IS POWERED BY OTISHEALTH, PROVIDES SOFTWARE APPLICATIONS AND A SYSTEM THAT ALLOWS (1) PROVIDERS THE ABILITY TO ENROLL PATIENTS, ASSIGN PATIENTS THE BIRTH CERTIFICATE WORKSHEET TO COMPLETE, REVIEW COMPLETED WORKSHEET, AND SUBMIT DATA AS NECESSARY, AND (2) PATIENTS THE ABILITY TO USE SOFTWARE APPLICATIONS, TO COMPLETE AND SUBMIT THE BIRTH CERTIFICATE WORKSHEET TO THE BIRTH CLERK FOR COMPLETION OF THEIR CHILD’S BIRTH CERTIFICATE. “PROVIDERS” REFERS TO HEALTHCARE PRACTICES AND HEALTHCARE PROVIDERS, INCLUDING NON-CLINICAL STAFF MEMBERS I.E., THE BIRTH CLERK. “PATIENTS” REFERS TO PROSPECTIVE PARENT(S).

YOUR ACCOUNT

All providers and patients (“Users”) must create an account with us (“Account”) to access and use the Platform. 

As a User, you can create an Account on the e the Platform if you: (a) agree to be bound by these Terms, (b) are at least 18 years of age, and (c) submit certain information about yourself, including personally identifiable information, to us through the Platform as prompted during the Account registration process. We will delete your Account if we find out that you are not at least 18 years of age. Once you have created an Account through the Platform, we will provide you with a username and password for accessing your Account. 

The Platform allows you to view and update your Account Information, including your email address. You are responsible for all activity that occurs through your Account and your participation, if any, in activities arising from your use of the Platform. You agree to maintain the security and secrecy of your Account’s username and password. 

The data entered by you into the Platform will be used by CDPH. You acknowledge the data you submit will be deleted from the Platform 135 days after the date you were enrolled. 

YOUR USE OF THE PLATFORM

Your Licenses

Subject to, and conditioned upon, your compliance with the terms and conditions set forth in these Terms, including the restrictions on your use of the Platform, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform. 

YOU MAY NOT USE THE PLATFORM IN ANY WAY NOT EXPRESSLY APPROVED IN YOUR ABOVE LICENSE. 

Confidentiality

You agree to maintain as confidential any information received from any other user and not share, disclose or use the information other than as permitted by these Terms or California law. 

Restrictions on Use of the Platform

By accessing or using the Platform, you agree not to use it to collect, upload, transmit, display or distribute any content or material that we determine, in our sole discretion: 

• violates any third party’s right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; 

• is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, profane, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; 

• is harmful to minors in any way; or 

• is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party, including any confidentiality obligations from former employers.

Additionally, you shall not, and shall not permit others to: 

• use the Platform for any unlawful purpose, including without limitation collecting data or market research, promoting or advertising, raising money, marketing or otherwise using the Platform in a manner not consistent with your license and the purpose of the Platform;
• provide purposefully untruthful or inaccurate information that other users may rely upon in a detrimental manner;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• modify, translate, adapt or otherwise create derivative works or improvements of the Platform or the content and materials that we make available to you;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from or contained on the Platform, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality thereof to any third party; 
• remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Platform; 
• upload, transmit or distribute to or through the Platform any computer viruses or any software intended to damage or alter a computer system or data; or
• use software or automated agents or scripts to generate automated searches, requests or queries to, or strip, scrape, or mine data from, the Platform.

We reserve the right to delete or deactivate your Account and deny you access to all or part of the Platform if we believe that you have violated or will violate these Terms.

Third-Party Content 

The Platform may contain links to third-party websites and services (“Third-Party Links”). We are not responsible for any Third-Party Links, and we do not approve, monitor, endorse, warrant or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution, diligence and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and information gathering practices. 

Your Privacy

All of the information we collect through or in connection with your use of the Platform is subject to the Platform Privacy Policy, which is incorporated by reference into these Terms. Please read the Privacy Policy carefully before using the Platform.

CHARGES AND COMPENSATION

Users are not charged fees for downloading, accessing or using the Platform. We do not ask for, receive, or store users’ financial information. 

INTELLECTUAL PROPERTY RIGHTS

OtisHealth Content and CDPH Content

Subject only to the express licenses we grant you in these Terms, as between you and us, we own all right, title and interest in all original content, features and functionality found on, provided by or embodied in the Platform, including without limitation any software, computer code (including source code or object code), copyright-protected works, trademarks, trade dress, service marks, logos, visual interfaces, graphics, design, compilation, information, data, sound files, other files and the selection and arrangement thereof (“OtisHealth Content”). OtisHealth Content does not include any copyright-protected works, trademarks, trade dress, service marks, logos, visual interfaces, graphics, design compilation, information, data, sound files, or other files to which CDPH holds all right, title, and interest (“CDPH Content”). Both OtisHealth and CDPH Content is protected by copyright, trademark, and other intellectual property and related laws of both the United States and foreign countries. You may not distribute, modify, transmit, reuse, download, repost, copy or use OtisHealth      Content or CDPH Content, whether in whole or in part, outside the scope of the express license grants provided to you in these Terms. 

We reserve all rights to OtisHealth Content not expressly granted in these Terms. You acknowledge and agree that the Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the Platform or OtisHealth Content under these Terms. 

FEEDBACK

We appreciate hearing from you and welcome your comments about the Platform, including whether you like it, what is most useful, any malfunctions, downtime, inappropriate content or complaints (collectively, “Feedback”). You can submit Feedback by emailing CDPH at lifeeventsfeedback@cdph.ca.gov . Any Feedback you submit shall be your content. No Feedback submitted should contain personal information about yourself or another. 

TERM AND TERMINATION

We reserve the right to modify, suspend or terminate the Platform at any time in our sole discretion. Additionally, we may terminate, suspend or deactivate your Account or prohibit you from using or accessing the Platform for any reason, without notice, at any time and without liability to you. If your Account is terminated or deactivated, all licenses and other rights granted to you in these Terms shall immediately cease. Notification of termination will be delivered to the user email address established for your account. The privacy and the warranty terms herein shall survive the termination. 

Please Note: Termination of your Account or the Platform will not impact your ability to register a birth certificate for your child. You are still able to provide the required information to a birth clerk at the hospital or birthing center for registration of the certificate at birth.

UPDATES AND SUPPORT 

We may, from time to time and in our sole discretion, develop and provide updates to the Platform which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety current features and functionality. You agree that all Updates will be deemed part of the Platform and shall be subject to these Terms.

Notwithstanding the above paragraph, you acknowledge that use of the Platform is voluntary and agree that we have no obligation to: (a) provide you with technical support, (b) provide any Updates, or (c) continue to provide or enable any features or functionality of the Platform.

WARRANTIES; DISCLAIMER OF WARRANTIES

Your Representations and Warranties

You represent and warrant to us that: (a) all of the required Account information you submit is truthful and accurate, and you will maintain the accuracy of such information; (b) you have full power and authority to enter into these Terms; and (c) Your Content and your use of the Platform does not and shall not violate any laws or infringe or misappropriate any third party’s intellectual property rights.

Our Disclaimer of Warranties to Providers

When using the Platform to view, read, request, download or share medical data, such as electronic health records, we do not and cannot verify the completeness or accuracy of the information provided by external sources, including home health monitoring devices. We cannot guarantee that the electronic health records format an external organization uses is, or can be, properly synchronized with, uploaded on, recorded to or represented on the Platform. 

Our Disclaimer of Warranties to Patients

You may choose to use the Platform to share your health information with other users of the Platform and with external organizations such as medical service providers and clinical research organizations. Once you have shared this information, OtisHealth, Inc. and CDPH have no control over what those other users and external organizations may do with your information. It is your responsibility to assess the risk of sharing your information with any other person or organization.

 Our Additional Disclaimer of Warranties to both Providers and Patients

You also understand that we cannot and do not guarantee or warrant: that the Platform, or any files, content or information available for download from the internet or through the Platform, will be free of viruses or other harmful code. You alone are responsible for implementing sufficient procedures to satisfy your particular requirements for antivirus protection, accuracy of data and for maintaining a means external to the Platform for any reconstruction of any lost data.

THE PLATFORM AND OUR CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ADVICE PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, HELPFUL, OR SOLVE ANY PARTICULAR PROBLEM, ISSUE OR CONCERN, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ADVICE OR OTHER CONTENT THAT IS PROVIDED OR MADE AVAILABLE THROUGH THE PLATFORM. 

INDEMNIFICATION

You agree to indemnify and hold us, each of our parents, subsidiaries and affiliates and each of their respective officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (a) your use of the Platform and any other uses of the same through your Account; (b) your breach or violation of any of these Terms, including without limitation the restrictions on use provided herein, or any applicable laws or regulations; (c) our use of Your Content; or (d) your violation of the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of such claims. You agree not to settle any claims without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIMITATION ON LIABILITY

WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOST PROPERTY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM. WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION YOUR USE OF THE  PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

INFORMAL DISPUTE RESOLUTION

For any dispute between you and us, you agree to first contact us and attempt to resolve the dispute informally. 

NOTICE

You agree that we may provide notices to you through: (a) a prominent notice when you log in to your Account or a message sent to your Account; (b) an email sent to an address associated with your Account; or (c) through other means deemed sufficient by us, including without limitation telephone or mail. You agree to keep the contact information associated with your Account up to date.

You agree that the only way to provide legal notice to us is by email message sent to: notice@otishealth.com.

GOVERNING LAW AND ARBITRATION

Any dispute, claim or controversy arising from or relating to these Terms or your use of the Platform, including disputes arising from or concerning the interpretation, violation, invalidity, nonperformance or termination, shall be settled by arbitration administered under the Rules of Arbitration by the American Arbitration Association applying California law. The place of arbitration shall be Sacramento, California. Any such dispute, claim or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any dispute or claim of any other party. Arbitration shall be mandatory and binding on the parties. By using the Platform, you hereby waive all rights to trial in any action or proceeding instituted in connection with these Terms or the Platform.

GENERAL TERMS

We reserve the right to change these Terms at any time. Amendments will be effective upon our providing notice of such updated Terms to you (a) by email sent to the address associated with your Account, or (b) by posting a prominent notice of such change on the Platform. Your continued access or use of the Platform after such notice constitutes your consent to be bound by the amended Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms, together with any commercial agreement you may enter into with us, are the complete and exclusive statement of the terms and conditions governing your use and access of the Platform, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. You agree that your Account is non-transferable and your rights to the content within your Account terminate upon your death.