Texting Terms and Conditions

Effective: September 30, 2020

 

The following Texting Terms and Conditions apply to all text messaging from Welltok, Inc., its affiliates, subsidiaries, agents, contractors, or vendors (“us” or “we” or “our”). These messages may include one-time or recurring texts related to your benefits, programs, products, services, and tools, and/or general health information. If you choose to participate in a program in which you will receive these messages, you also agree to our general Terms of Use.

Unsubscribing and Getting Help

In all programs, we specify how to unsubscribe and seek assistance. 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.

No Guaranteed Delivery

We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the terrain, proximity to buildings, foliage, weather, and the recipient’s equipment. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the content of any text message for any purpose.

Security and PHI

Please notify us immediately if your mobile number changes. We are not liable for any communication or transmission of information by text which happens because you did not report that your mobile number changed. Password-protecting mobile device(s) and enabling encryption, if available, is recommended.

Text messages may include protected health information (PHI).  Since text messaging is unencrypted, there is a risk that this PHI could be intercepted or viewed by third parties, including others who access your device. When you choose to receive text messages from us, you do so at your own risk.

The use and disclosure of PHI in text messaging may be governed by additional privacy notices, including applicable HIPAA Notice of Privacy Practices.

Privacy

We will only use information you provide to transmit your text message. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any legal, regulatory or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide an organization the information in connection with the service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the service and pursue any appropriate legal remedies. You may view Welltok’s Privacy Notice for further details about our privacy practices.

Governing Law

These Terms and Conditions are governed exclusively by the laws of the State of Colorado, regardless of choice of law provisions.

Disclaimer

NEITHER WELLTOK NOR ITS EMPLOYEES, AGENTS, SUCCESSORS, AND/OR ASSIGNS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, ADEQUACY, QUALITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION CONTAINED OR SENT VIA TEXT MESSAGING PROGRAMS. FURTHER, WELLTOK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCONSEQUENTIAL DAMAGES TO THE USER, OR A THIRD PARTY ARISING FROM THE USE OR RELIANCE UPON THE INFORMATION CONTAINED IN TEXT MESSAGES, OR ANY OTHER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF WELLTOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF THE ACTION.

Contact

If you have any questions or concerns, please contact Welltok using the following information.

For text/SMS messages received through or related to the CafeWell Platform: support@cafewell.com

For other text/SMS messages: support@wellpass.com

Welltok, Inc.
1515 Arapahoe Street, Tower 3
Suite 700
Denver, CO 80202