_Patient Terms of Service

CARAVAN HEALTH, INC.

WELLPEPPER – PATIENT TERMS OF SERVICE

 

Last updated April 16, 2020

 

Welcome to Wellpepper, a service of Caravan Health, Inc. These Terms of Service (the “Terms”) are a binding legal agreement between you and Caravan Health, Inc. (“we” or “us”) regarding your use of Wellpepper, Wellpepper Outcomes, web-based reports and our other services, the my.wellpepper.com website (the “Website”), and our mobile application (“Mobile App”) provided for your use in connection with our services (such services, Website, and Mobile App, collectively, the “Services”). Please read these Terms carefully.

 

We may periodically make changes to these Terms. By using the Services, you accept these Terms and any modifications that we may make to these Terms. You are responsible for reviewing these Terms and any policies that apply to your use of the Services regularly to stay informed of any changes. If you continue to use the Services after the effective date of any modified terms or policies, you agree to be bound by them as of the date of the modification. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST UNINSTALL THE MOBILE APP AND CEASE USING THE SERVICES.

 

OUR SERVICES

Our Wellpepper service enables your doctor or other healthcare provider or organization (collectively, “Healthcare Provider“) to make your post-procedure care plan accessible through the Mobile App or Website.  You can access your care plan at any time and track your compliance with the plan. Your Healthcare Provider can monitor your compliance with your care plan and your recovery progress based on information you provide through the Mobile App or Website. Your Healthcare Provider can also update your care plan and communicate with you directly through the Wellpepper service.

 

Our Wellpepper Outcomes service enables you to complete outcome surveys chosen by your Healthcare Provider. These surveys may be created by third-parties and licensed to Wellpepper for use. Survey results are made available to your Healthcare Provider and may be de-identified and aggregated by us or your Healthcare Provider for other reporting and benchmarking purposes.

 

PRIVACY POLICY

Please review our Privacy Policy to understand our privacy practices and the information we collect about you. By using the Services, you agree to be bound by the terms of our Privacy Policy. We provide the Services to you as a “Business Associate” to your Healthcare Provider. As a Business Associate, we follow the rules that apply to Business Associates under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), as well as any other privacy and security rules intended to protect your personal information that may be agreed to between us and your Healthcare Provider.

 

YOUR ACCOUNT

Your Healthcare Provider has created a patient account for you (“Wellpepper Account“) to be able to use the Services.  When you initially login into your Wellpepper Account, you will be required to complete the patient profile started for you by your Healthcare Provider, select a user name, and create a password. You agree to provide accurate, truthful, current, complete and non-misleading information in connection with your Wellpepper Account.  You are responsible for maintaining the confidentiality of your Wellpepper Account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your Wellpepper Account or password. We reserve the right, in our sole discretion, to refuse service, disable your Wellpepper Account and terminate your use of the Services.

 

HOW YOU CAN OPT-OUT

You may discontinue your use of the Services and uninstall the Mobile App at any time.  You must notify your Healthcare Provider to disable your Wellpepper Account; however, we will continue to store your data as required by applicable laws and as agreed to with your Healthcare Provider.

 

Possible Wireless Service Provider Fees and Charges; Data Limit Applicability. Your wireless service provider may charge you for text messages and/or data transmitted to or from your mobile device. Text messaging and data transmissions also may be applied against data usage limits set by your wireless service provider and you are solely responsible for such charges. Those messages and transmissions and related charges may be triggered by your usage of the Services as well as updates we provide to the Mobile App. Charges by your wireless service provider will appear on your wireless service provider bill pursuant to your wireless service contract. Additionally, roaming and other fees and charges may apply when roaming outside your home service area. You should contact your wireless service provider for complete pricing and other details.

 

ELECTRONIC COMMUNICATIONS

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website or in the notices section of your Wellpepper Account. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.

 

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property. You acknowledge and agree that we and/or our licensors own all legal right, title and interest in and to the Services, including any trademark (for example, Wellpepper, Wellpepper logo, and Gives Your Health a Kick), copyright, patent, trade secret and other intellectual property rights which subsist in the Services (including content we make available on the Services) and any collateral and related materials we may distribute in connection with the Services (whether those rights are registered or not, and wherever in the world those rights may exist). You agree that you will not use any materials associated with the Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you. All third-party marks are the property of their respective owners.

 

License & Restrictions. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Mobile App and other Services for the sole purpose of accessing your Wellpepper Account for your own individual use on any mobile device or computer you own or control. You agree not to (a) take any action that would jeopardize, limit or interfere with us and/or our licensors’ rights to the Services, (b) copy, translate, publish or create derivative works of the Mobile App or any applicable component of the Services, (c) resell, distribute, trade or make any other commercial use, modify, reverse engineer, decompile or disassemble the Mobile App or any applicable component of the Services, or (d) use the Services for illegal or fraudulent purposes. You further agree to use the Services only for purposes that are permitted by these Terms and in accordance with applicable law and regulation.

 

Additional Restrictions.  You will not: (a) use the Services for any commercial purpose, unless expressly authorized in writing by us; (b) access, monitor, or copy any content or information on the Services using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) deep-link to any portion of the Services for any purpose without our express written permission; or (f) “frame,” “mirror,” or otherwise incorporate any part of the Services into any other website without our prior written authorization.

 

Feedback. We welcome and encourage feedback, comments, and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by using the feedback tools that may be built into the Mobile App or other Services, or by emailing us at info@wellpepper.com. By submitting Feedback, you agree all Feedback becomes our exclusive property. Additionally, you irrevocably assign to us your complete rights, titles, and interests in and to Feedback, including any and all intellectual property rights contained therein. Moreover, at our request and expense, you agree to execute documents and take such further action as we may reasonably request to assist us in acquiring, perfecting, or maintaining subject intellectual property rights.

 

User Generated CONTENT; License

In your use of certain of the Services, you may generate, exchange, transfer, post, and share information including, but not limited to, general medical information, private medical information, text, data, graphics, images, photos, video, or audiovisual works (“User Content“). You may not post, transmit, or store User Content to the Services unless you own all necessary right, or have permission from the rightful owner of the User Content. You agree not to post, transmit, distribute, upload, or otherwise disseminate through the Services any of the following:

  • Material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, rule, regulation, or order of any governmental authority in any jurisdiction;
  • Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
  • Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portions of the Services, or which may expose us or our users to harm or liability of any nature.

 

We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Services, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Services at any time and for any reason without notice.

 

You grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, and fully sublicensable right and license to User Content solely for the purpose of (a) facilitating the interactions with which you choose to engage via the Services (including making survey responses and other User Content available for use by your Healthcare Provider); (b) enabling us to improve and refine our products and services, and (c) for other uses set forth in our Privacy Policy. Additionally, you represent and warrant that you own and control all of the rights to User Content that you post or you otherwise have the right to post User Content to the Services and the use and posting of User Content you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

 

Updates to Mobile App

We may from time to time provide updates to the Mobile App. These updates may be provided automatically “over the air” and are designed to improve, enhance and further develop the Mobile App. These updates may include electronic communications, bug fixes, enhanced functions and new software modules. You agree to receive and install such updates (and permit us to deliver these to you) as part of your use of the Mobile App, and understand that you may incur fees and charges from your mobile service provider.

 

SECURITY

We employ reasonable and customary security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information; however, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SERVICES.

 

Third-Party Content

The Services may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information.  We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content.  We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.

 

Additionally, if you follow a link or otherwise navigate away from the Services, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Services. You access and use Third-Party Content at your own risk.

 

ELIGIBILITY

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent.  If we discover that a child under the age of 13 has provided us with personally identifying information without parental consent, we will take steps to delete the information as soon as possible.

 

You represent that you are of sufficient legal age to use the Services and to create binding legal obligations for any liability you may incur as a result of the use of the Services. You understand that you are responsible for all uses of the Services by you and those using your login information.

 

Indemnification

You will defend, indemnify, and hold harmless us, our subsidiaries, affiliates, partners, and service providers, and our and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

 

Disclaimer of Warranties

YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICES AND YOUR INTERACTIONS AND DEALINGS WITH ANY HEALTHCARE PROVIDER, IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING US THAT IS NOT EXPRESSLY STATED IN THESE TERMS.  SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

Limitation of Liability

NEITHER WE NOR OUR SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS INFORMATION, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, MEDICAL MALPRACTICE OR PERSONAL INJURY (EVEN IF WE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

THE MAXIMUM TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED $1,000. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES.  THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.  EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

RELEASE

All information transmitted to you by your Healthcare Provider using the Services is between you and your Healthcare Provider.  We do not render medical advice.  Because we do not render medical advice, in the event that you suffer an injury or have a dispute with any individual and/or entity that arises out of your use of Services, you release us, our subsidiaries, affiliates, partners, and service providers, and our and their respective directors, officers, agents, employees, licensors, and suppliers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such injuries or disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

MODIFICATIONS TO THE SERVICES

We reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Services without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Services.

 

Relationship with Apple; Apple Liability; Apple as Third-Party Beneficiary.

This paragraph applies only to a Mobile App downloaded from Apple. You agree that such Mobile App must be used solely in compliance with Apple’s Usage Rules as set forth in Apple’s App Store Terms of Service.  You may install a copy of such Mobile App onto any iPhone, iPod touch, or iPad that you own or control for personal use during the term of these Terms. You acknowledge that we, and not Apple, are responsible for (a) providing any maintenance and support for such Mobile App, and (b) for addressing any claims relating to such Mobile App, or your possession and/or use of such Mobile App including, but not limited to, any third-party claim that such Mobile App, or your possession and use of such Mobile App, infringes that third-party’s intellectual property rights. Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property claim. Additionally, you agree, and we acknowledge and agree, that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the you as a third-party beneficiary thereof.

 

Export Control; Prohibited Uses

The Mobile App is intended to be downloaded, and the Services are intended to be used, in the United States and Canada. You may not use, export, re-export, import, or transfer the Mobile App or other Services outside of the United States and Canada except with our prior written consent, and then only in compliance with United States and Canadian law, any other applicable laws, and these Terms. Notwithstanding anything to the contrary in these Terms, the Services may not be used in or by, and the Mobile App may not be exported or re-exported to: (a) any United States embargoed countries; (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or by the United States Department of Commerce’s Denied Person’s List or Entity List; or (c) anyone located in a country that has been designated by the United States Government as a “terrorist supporting” country or listed on any United States Government list of prohibited or restricted parties. By using the Services, you represent and warrant that you are not located in any such country or on such list. You also represent and warrant you will not use the Services for any purpose prohibited by United States or other applicable law.

 

General Legal Notices

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances.  Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect.  The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.  Any provision in these Terms that by its nature should survive the termination of your license to access the Services or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

 

These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Services or these Terms must be commenced by you within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration will be conducted in King County, Washington and judgment on the arbitration award may be entered into any court of competent jurisdiction.  The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law.  Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

 

These Terms, including the Privacy Policy and any other policies we may provide to you, constitute the entire agreement between you and us concerning the Services. These Terms supersede all prior agreements or communications between you and us regarding the subject matter of these Terms.

 

Questions & Contact Information

If you have any questions or concerns about the Services or these Terms, you may contact us at info@wellpepper.com.

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