Updated January 2018

Wellpass provides a range of health information and support services (“Wellpass Services” or “Services”).

These Terms of Use and Privacy Policy (collectively the “Terms”) are the legal agreement between you and Wellpass. By using the Services, you agree to these Terms. If you do not agree to any of these Terms you should not use the Services. These Terms make up the whole agreement between you and Wellpass.   If you create an account or use the Services on behalf of someone else, you represent that you are authorized by that person to accept these Terms on their behalf.

Wellpass also operates certain services on behalf of our Partners (“Partner Services”).  Our Partners include health plans and health care providers that may already provide you with other services.  Your use of a Partner Service is subject to the agreement you have with the Partner offering that Partner Service.

THE SERVICES

The Services includes several different features. You may use some or all of these features. The features include content and the technology used to make that content available to you. The content includes health information and information about health services. The technology includes text messages, email messages, mobile app and the internet. You may send information to the Services using one or more of these technologies, and that information will be stored in a database.

The Services provide you with general health information and reminders. They are not meant to give medical advice or diagnose a condition. Nor are the Services meant to recommend any treatment or changes to treatment your doctor has recommended. You should never use the Services as a substitute for the advice given to you by your doctor. You should always talk to your doctor if you have any questions about your health. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY YOU SHOULD CALL 911.

THINGS TO KNOW ABOUT THE SERVICES

Text Message Consent: Consent:  By using these Services, you agree that Wellpass can send you text messages related to the Services.

Text Message Fees: There are no text message fees for the Text4baby service.  For other Services, your mobile phone company 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.

Data Fees: The Services may include features that need access to the public internet. If you use any of these features, your mobile phone company or internet service provider will charge you their standard fees to send and receive data. You are responsible for those fees.

Message Frequency: 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 Services.

Networks: The Services may not work on all mobile phone networks. For a list of mobile phone networks that are available, click here. The mobile carriers are not liable for delayed or undelivered messages.

Cancelling the Services: To cancel all parts of the Services you can send an email to support@Wellpass.com. Please include your mobile phone number. You can stop getting text messages from the Services by replying to any text message we send you with the word STOP. Getting Technical Help: You can get support by sending an email to support@Wellpass.com. Please include your mobile phone number. You can get help with using the Service by replying to any text message with the word HELP.

Enrollment Through a Partner: If were invited to enroll in the Services by any of our Partners, you agree that (1) we may use the information provided to us by that Partner to provide you with the Services in accordance with these Terms and Conditions and Privacy Policy and (2) that we may share information collected through your use of the Services with that Partner.

Privacy Policy

Any information about you that can be identified with you (or your dependents) is called Personally Identifiable Information (or PII). PII may include information known as Protected Health Information (or PHI) which is defined by and managed in accordance with a Federal Law known as HIPAA. In providing the Services, we both receive PII from you, and send PII to you. We may also receive your PII from our Partners if you have given them permission to share it with us. This section explains how we may use your PII and how we protect it.

We may use your PII for several reasons:

To provide you with the Services.

To personalize the Services.

To provide you with customer support.

To evaluate and improve the Services.

To notify you of new Service features and other Services that we provide.

To notify you of other health services and benefits that our Partners may provide you.

To take actions to help us obey laws or stop fraud and abuse.

To take actions to enforce our agreements and policies.

To manage our operations.

We will never sell your PII.

We may share your PII with a Partner if you were invited to enroll in the Services by that Partner. We may also share your PII with a Partner if you have provided consent to share your PII with that Partner.

You have the right to see, get a copy of, or ask us to delete your PII. We will keep a copy of your PII for at least 10 years unless you have asked us to delete it.

We reserve the right to use information that is not personally identifiable for other legitimate business purposes. For example, this may include using information such as the total number of people who use the Services, their average age, or the regions of the country in which they live.

TEXT AND E-MAIL 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. This means that when they are sent over a network a hacker or someone else without your permission might be able to read them. While such interception of messages is illegal, it is possible. However, we do our best to make sure this does not happen. If you use these Services you agree that you understand and accept this risk.

TEXT AND E-MAIL MESSAGES MAY NOT ARRIVE

It is possible that a text message or email message that you send us will not be received by the 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.

PII STORED ON YOUR DEVICE IS YOUR RESPONSIBILITY

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.

TEXT MESSAGING AND DRIVING

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 Services while driving.

CHANGES IN THE SERVICE

We may add new features or change any part of the Services at any time. We may also limit your access to parts of the Services or cancel your account at any time and for any reason.

LIABILITY

We are responsible for providing the Services to you as described in these Terms and we may be liable (responsible) if we fail to provide them as promised. You are responsible for how you use the Services and you agree that we and our Partners are not liable (responsible) for any damages that relate to your use of the Services.

CHANGES IN TERMS AND CONDITIONS

We have the right to change these Terms at any time. If we do we will update this website and the new Terms will apply. If we make changes that materially affect your rights we will send you a message to let you know. If you continue to use the Services after you have received this message you will have agreed to the new Terms.

INTERNATIONAL USERS

These Services are only for use in the United States. Use of the Services outside the United States is not allowed.

LIMITED LICENSE

We are giving you a license to access and use the Services subject to these Terms. We have the right to cancel your license at any time and for any reason. We have the right to offer the Services to other people without your permission. We have the right to stop you from transferring your license to someone else.

You must not copy any part of the Services without our permission. You must not publish any part of the Services in either print or electronic form. You must not create a similar type of service using our ideas or content. You must not sell or license any part of the Services to anyone else.

You are allowed to print out your Service data for your own personal use or to take to a doctor’s appointment.

CHOICE OF LAW

Any legal disputes related to the Services are subject to the laws of New York.

OTHER TERMS

If you have a dispute with us you must start legal action within 1 year of the time the problem starts.

If a court finds that any part of these Terms is not valid, the rest of the Terms will remain valid.

The Services do not come with any guarantee. You understand that if you use any information provided by the Services you do so at your own risk.

We do not monitor any text messages that you send to the Services. All replies that the Services sends to you are automated.

By using the Services you agree you will not copy any of the content and use this to compete with Wellpass.

CONTACT US

If you have questions about these Terms or the Service, please e-mail us at support@wellpass.com. Please include your mobile phone number.