Terms of Use – Providers
MOBILE/ONLINE APPLICATION & WEBSITE TERMS OF USE & END USER LICENSE AGREEMENT
PROVIDERS
Last Modified: November 2024
Acceptance of the Terms of Use & End User License Agreement
These Terms of Use and End User License Agreement (“Terms of Use”) are entered into by and between you, as a Provider (defined herein), and PENG Communications, Inc. d/b/a Lokum (“Lokum,” “Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of our proprietary application, whether accessed via our website at lokumapp.com, or our web app at app.lokumapp.com, or our iOS or Android mobile app, downloaded and accessed directly, and in any case including any content, functionality, and services offered thereon, as well as all related documentation (collectively the “App”).
Please read these Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree with these Terms of Use or the Privacy Policy, you must not access or use the App (in any form).
This App is offered and available to users who are individuals of 21 years of age or older, reside in the United States or any of its territories or possessions, and are appropriately licensed, independent, third-party providers of advanced practice medical services (“Providers”), to whom these Terms of Use apply, as well as healthcare facilities that seek to contract with Providers for spot, ongoing, short- to mid-term, and/or permanent positions (such healthcare facilities, “Facilities,” and such positions, regardless of duration or of contract/employment classification, “Jobs”), which Facilities are subject to our Terms of Use – Facilities. By using this App, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not download, install, access, or use the App.
WE DO NOT EMPLOY, RECOMMEND, ENDORSE, TRAIN, VALIDATE (EXCEPT AS MAY BE SPECIFICALLY PROVIDED HEREIN), OR GUARANTEE ANY PROVIDERS OR FACILITIES (COLLECTIVELY, “USERS” AND EACH, A “USER”). LOKUM PROVIDES THE APP FOR USERS TO CONNECT WITH EACH OTHER ONLINE. EACH PROFESSIONAL USER IS SOLELY RESPONSIBLE FOR (1) DECIDING WHETHER TO INTERACT WITH AND FOR ANY INTERACTIONS WITH, ANY OTHER USER, (2) PROVIDING TRUE, ACCURATE, CURRENT, AND COMPLETE REPRESENTATIONS REGARDING THEMSELVES, THEIR SKILLS, LICENSES, AND THE SUPERVISION MODELS FOR WHICH THEY QUALIFY, (3) CONDUCTING ALL NECESSARY DUE DILIGENCE BEFORE ACCEPTING A JOB OFFER, AND (4) COMPLYING WITH ALL APPLICABLE LAWS.
Changes to the Terms of Use
We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately when posted (or at a later specified date) and apply to all subsequent access and use of the App. Your continued use of the App following the posting of revised Terms of Use means you accept and agree to the changes.
Accessing the App and Account Security
We reserve the right to withdraw or amend this App and any service or material provided on the App at our discretion without notice. We will not be liable if all or any part of the App is unavailable at any time. You are responsible for ensuring you meet the requirements for access and comply with these Terms of Use.
To access the App or certain resources, you may be asked to provide registration details or other information and set up an account. You agree that all information you provide is correct, current, and complete.
License and Use of the App; Provider Responsibilities
Subject to compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-assignable license to (a) download, install, and use the App for your personal, non-commercial use on a single mobile device you own or control (“Mobile Device”) strictly in accordance with the App’s documentation and (b) access and view the App as made available to Users for your personal use.
Interactions with Other Users: When interacting with other Users, including Facilities, exercise caution to protect your safety and property. You are solely responsible for your interactions with other Users. We are not responsible for any conduct of any User, whether online or offline.
Communications and Notifications
- Agreement to Receive Marketing and Communication Updates:
By accepting these Terms of Use, you agree to receive marketing communications from us, including emails, push notifications, and text messages, to keep you informed about services, potential job matches, and updates relevant to your experience on Lokum App. You may manage your communication preferences or unsubscribe where available, though some essential notifications may still be sent to you regarding your account or App updates. - In-App Surveys and User Feedback Requests:
To improve user experience and service offerings, you agree to participate in periodic in-app surveys and feedback requests. Your responses will contribute to service enhancements and may be anonymized in reporting to improve platform offerings. Participation is voluntary, but your input is highly valued. - Text Notifications and App Push Notifications:
By using Lokum App, you consent to receiving SMS text notifications and/or push notifications related to job matches, application status updates, reminders, and other information pertinent to your use of the App. Standard messaging rates may apply. You may modify your notification preferences within the App settings at any time.
Non-Circumvention
Facilities, and not Providers, are required to pay certain fees for use of the App, including fees for permanent hires. Providers are prohibited from accepting any offer outside the App in circumvention of this requirement. Violations may result in account suspension or termination.
Limited Verification; Accurate Information Obligation
We will only verify that your National Practitioner Identifier (NPI) matches the name in the National Practitioner Database. You are responsible for providing accurate, complete, and current information and for verifying information provided by Facilities.
No Guarantees
We do not guarantee that Facilities will hire you or that a Job will not be canceled.
Intellectual Property Rights
The App and its contents, features, and functionality are owned by Lokum and are protected by intellectual property laws. You must not use the App for any commercial purposes, nor copy, reproduce, or distribute any material without permission.
User Contributions and Content Standards
You may post information and content on the App, subject to Content Standards. By providing User Contributions, you grant us a non-exclusive, fully sublicensable license to use, modify, and distribute this content as required for App functionality and improvements.
Monitoring and Enforcement
We may monitor, review, and remove any User Contribution for any reason, at our discretion, and may suspend or terminate access if Terms of Use are violated.
Chat Moderation
Lokum provides a chat feature within the App to facilitate direct communication between Providers and Facilities. By using the chat feature, you agree to the following:
- Content Standards: All messages must adhere to the standards outlined in these Terms of Use, including professionalism and respectfulness. Harassment, discrimination, or inappropriate behavior is strictly prohibited.
- Monitoring: Lokum reserves the right to monitor chat activity to ensure compliance with these Terms and maintain a safe and respectful environment.
- Moderation: Lokum may remove or edit chat messages that violate these Terms, contain offensive content, or pose potential risks to users.
- Lokum will act at its discretion and may notify users if messages are modified or removed.
- Lokum will act at its discretion and may notify users if messages are modified or removed.
- Confidentiality: While Lokum takes measures to secure chat communications, users are responsible for the confidentiality of any information shared through the chat feature.
Disclaimers, Limitation on Liability, and Indemnification
To the fullest extent permitted by law, Lokum App disclaims all liability for any damages arising from your use of the App. You agree to indemnify Lokum against any claims or losses related to your use of the App or violations of these Terms.
Governing Law, Arbitration, and Waiver of Class Actions
These Terms of Use and related disputes are governed by the laws of Texas. Any disputes will be resolved via individual arbitration.
Opt-Out Preferences for Communications
You may manage your preferences for email, push notifications, and in-app surveys through the account settings. You may unsubscribe from specific types of communications but will continue to receive essential account notifications.
Entire Agreement and Severability
These Terms of Use and the Privacy Policy are the entire agreement between you and Lokum and supersede any prior agreements. If any provision is deemed invalid, the remainder will remain in effect.
This updated Terms of Use provides a foundation for maintaining communication, user feedback collection, and essential App notifications while ensuring compliance with relevant laws and user rights.