Effective: September 30, 2020
- Third party services: Our Service may contain links to websites owned by third parties, and we are not responsible for them.
- Not medical advice: OUR PLATFORM IS NOT A SUBSTITUTE FOR MEDICAL ADVICE. YOU SHOULD SEE YOUR DOCTOR IF YOU HAVE MEDICAL CONCERNS.
- Modifications and interruptions: We may occasionally have outages in our Services or we may modify or suspend the Services at any time.
- Truthful information: You will need to provide personal information in order to use the Services and you agree to provide information that is truthful and up to date.
- Community features: Our Service may contain community features where you may interact with others and share information you want to provide to others. The information shared in these group areas is public and may be shared with third parties, including sponsors, employers, or others, and we are not responsible for how third parties use this information.
- User-submitted content: Information provided by users of our Service or other third parties may not be accurate, and we are not responsible for this content. You may not post content on our Service unless you own it and you created it.
- Content complaints: Please email complaints about our Platform to email@example.com and complaints about our CRM to firstname.lastname@example.org.
- Copyright infringement: If you believe your content is on our Service without your permission, please notify us at DMCA@welltok.com.
- Restricted activities: When you use our Service you are not allowed to do certain things as listed in Restricted activities section, below.
- Disclaimers and Limitation of Liability: We don’t provide any warranties for the Service and your use of the Service is at your own risk. The Service is offered “as-is”.
- Indemnification: If we get sued or face liability because of something you have done, you will take care of the matter and pay the damages.
- Statute of Limitations: You may not bring claims against us regarding the Service more than 1 year after the claim arose.
Additional terms for text and email services (formerly Wellpass Services)
If you choose to receive text messages or email messages from us or our subsidiary Wellpass through a formal program such as “Text4baby” (collectively, “Texting Services”) you agree to our Texting Terms and Conditions as well as the following terms:
- You may text STOP to stop messaging for that program and HELP for help. Text messages will be sent to your mobile number using an automatic dialing system. Message and Data rates may apply. Text messaging may not be available via all carriers.
- Your mobile phone carrier will charge you their standard fees to send and receive text messages. Both message and data rates may apply. You are responsible for those fees.
- The Texting Services may include features that require access to the public internet. If you use any of these features, your mobile phone carrier or internet service provider will charge you their standard fees to send and receive data. You are responsible for those fees.
- The number of messages you will get each week varies and depends on the features you choose. We will send you at least one message each month while you are subscribed to the Texting Services.
- Once a text or email message has been sent to your device it is your responsibility. Any other PII stored on your device, for example in an app, is your responsibility. A device may be a mobile phone, computer or tablet. When PII is on your device you are responsible for keeping it safe. We recommend that you use a password on all devices that you use to store PII.
- Texting while driving is the cause of many road accidents and deaths each year. Text messaging, or even looking at your phone while driving, is illegal in many states. You agree that you will not use the Texting Services while driving.
- You can get support by sending an email to email@example.com. Please include your mobile phone number.
You further acknowledge the following:
- Text and email messages are not encrypted. Encryption means a way of disguising a message so it cannot be easily read. Email and text messages that we send you or you send us may include PII and are not encrypted. If you use the Texting Services you agree that you understand and accept this risk.
- It is possible that a text message or email message that you send us will not be received by the Texting Services. It is also possible that a text message or email message we send you may not be delivered or is delivered late. This is because the networks we use sometimes have technical problems. This is not in our control. However, we do our best to make sure that messages are delivered and on time.
- We may add new features or change any part of the Texting Services at any time. We may also limit your access to parts of the Texting Services or cancel your account at any time and for any reason.
Other policies and terms
Third-party services and content
The content of our Platform is not medical advice
Our Platform contains information about Welltok, our products and services, and health and wellness. No part of our Service is, however, intended to be, or to be used in place of, medical advice. Please read this important notice carefully:
THE SERVICE, INCLUDING ALL OF THE WEBSITES, SOFTWARE AND CODE COMPRISING OR USED TO OPERATE THE SERVICE AND ALL OF THE TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, SOUND RECORDINGS, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS AVAILABLE ON THE SERVICE (COLLECTIVELY, “CONTENT“), WHETHER PROVIDED BY US OR BY USERS OF OUR SERVICE, OUR COMMUNITY OR MESSAGING FEATURES, OR BY OTHER THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. ANY ADVICE OR INFORMATION YOU RECEIVE FROM A THIRD PARTY THROUGH OUR SERVICE (INCLUDING COMMUNITY POSTINGS, HEALTH COACHES, AND COMMUNICATIONS THROUGH ONLINE CHAT OR OTHER COMMUNICATION) HAS NOT BEEN VERIFIED BY WELLTOK AND SHOULD NOT BE RELIED UPON WITHOUT VERIFICATION FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICE, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US.
Modifications and interruption to the service
We reserve the right to modify or discontinue all or any portion of our Service with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Service, or that operation of our Service will be error free.
Your information and legal compliance
You may be asked to submit personal information to the Service. For example, if you use the Service to request information about our company, you will be asked to provide your name and mailing address. If you submit personal information to Welltok through the Service, the information you submit must be true, accurate, current, and complete. You agree that you will only use our Service in accordance with applicable laws.
Ownership and license of the Service and its Content
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, indexes, desktop tools, software and any other material or information used in connection with this site (the “Content”); the selection, arrangement, and presentation of all Content (including information in the public domain); and the overall design of this website are the exclusive property of Welltok and/or its third party vendors and protected by U.S. and international copyright laws.
Ownership of the Service. Our Service, including all of the software and code comprising or used to operate the Service and all Content are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Welltok or of third parties who have licensed their rights to Welltok.
The presence of any Content on the Service does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Service. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Copyrights and trademarks. With the exception of any User Content you may provide through the Service (as described below), as between you and Welltok, Welltok and its licensors own and reserve the copyrights in the Service, including all of its Content. All trade names, trademarks and service marks displayed on the Service are the registered or unregistered trademarks of Welltok, its licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties.
Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the Service (collectively, “Feedback“). By submitting Feedback, however, please note that we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to Welltok’s right to use the Feedback, or that you are entitled to compensation or recognition for Welltok’s use of Feedback.
Interactive features, communities and forums
Information and content posted within these public portions of our Service may be available to a sponsoring employer or health plan’s staff, other users, outside contributors, or by users not connected with us. Portions of our Service allow you to track your health goals. If you are using these features as part of group, family, or employer, certain information may be shared with, or provided by those parties. Welltok is not responsible and will not be liable for such third parties’ use of your information or any information they provide to you through our Service. Further details regarding sharing of information can be found in our Privacy Notice.
Any information or content uploaded, posted, submitted, or otherwise made available by individual users of the Service, including without limitation health information, wellness advice, comments, message board posts, and any other content which does not originate with Welltok (“User Content“), is the sole responsibility of the person who made such User Content available on the Service. Under no circumstances will Welltok be liable in any way for any User Content made available through the Service by you or any third party.
Since Welltok does not control the User Content posted on the Service, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Service, you may encounter content that you may consider to be objectionable. Welltok has no responsibility for any User Content, including without limitation any errors or omissions therein. The Welltok Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Service.
Welltok does not claim ownership of User Content you submit or make available for inclusion on the Services. Welltok has categorized User Content as follows, with the associated rights described below:
- ”Public Content” is any User Content you submit or make available for inclusion on publicly accessible areas of the Services (for example, comments you post on a message board). You grant Welltok a worldwide, perpetual, irrevocable, royalty-free, fully paid up, non-exclusive, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your Public Content, and to incorporate your Public Content into other works in any format or medium now known or later developed. You understand that because you have made Public Content visible to anyone with access to our Services, it is possible that other users have seen and copied that Public Content and it may not be possible to ensure removal of Public Content from all sources even if it has been removed from our Services.
- “Private Content” is any User Content you submit to the Services but which is not intended to be publicly available (for example, content you input into a non-publicly displayed program on our Services, or the private information you submit when you register, other than your publicly visible user name and information in your profile that you share publicly). You grant Welltok a worldwide, royalty-free, fully paid up, non-exclusive, transferable license to use, distribute, reproduce, modify, and adapt your Private Content, and to incorporate your Private Content into other works in any format or medium now known or later developed, for the purposes of (i) providing the Services for which such Private Content was submitted or made available (for example, to facilitate a program in which you have elected to participate, or to notify the program’s sponsor that you are eligible to receive a prize) or (ii) to create anonymized and aggregrated data repositories for analytics purposes. If your Private Content includes any Protected Health Information (“PHI”) governed by HIPAA, the foregoing license and rights granted therein are limited solely to the extent required by HIPAA, and we will not share your PHI with others unless you have opted-in for such sharing. This license will terminate at the time you remove or Welltok removes such Private Content from the Services.
- “Personal Information” Depending on what you input into the Services, it is possible that Personal Information may be found within Private Content and/or Public Content. Rights and potential uses of Personal Information are set forth in our Privacy Notice.
Welltok reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service. You agree that the exercise by Welltok of such discretion shall not convert or transform User Content to content owned or provided by Welltok, and the user who made such User Content available on the Service will retain ownership thereof as described below.
Notification of claimed copyright infringement
In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact Welltok’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA“):
- your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
- a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
- a description of the infringing material and the URL where such material is located on the Service, or a description of where on our Service you found such material;
- your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and
- a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to us:
By Mail addressed to:
1515 Arapahoe Street, Tower 3, Suite 700
Denver, CO 80202
E-mail: DMCA@welltok.com, subject line “DMCA Notice”
In accordance with the DMCA, it is the policy of Welltok to terminate use of our Service by repeat infringers in appropriate circumstances.
You may not engage in any of the following with regard to the Service (including without limitation posting or transmitting content through the Service), and you agree not to use the Service to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Service or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Welltok in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Service or any websites or content linked to them;
- interfere with or damage the Service, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Service;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Welltok or create or use a false identity;
- attempt to obtain unauthorized access to the Service or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing the Welltok name, trademarks, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Service;
- reproduce, make available, or otherwise use any portion of the Service for any commercial purpose;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Service; or
Mobile devices and third-party restrictions
If you access our Service on mobile devices, you are responsible for any cellular data charges by your mobile carrier. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store or Google Play Store, or others). Our Mobile App must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other “store.” The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
Welltok, not Apple, is responsible for:
- The content in the Mobile App;
- Maintenance or support of the Mobile App;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of that licensed application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WELLTOK, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “WELLTOK PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WELLTOK PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE WELLTOK PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY WELLTOK PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WELLTOK PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’ TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Choice of law, jurisdiction and venue
Statute of limitations
Notice for California users
Under California Civil Code Section 1789.3, California users of our Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
firstname.lastname@example.org (If related to our Platform)
email@example.com (If related to our CRM)
1515 Arapahoe Street, Tower 3
Denver, CO 80202