Activate Care Terms of Service

Scope

Consent

Changes to these Terms

Access to and use of the services

• You are an Invited Patient User if you are a healthcare patient of an Activate Care Customer who invites you to use the Services to participate in your own healthcare.
• You are an Invited Guest User if you are a family member, friend, health care agent, or surrogate of a Patient, and the Patient, Customer or team administrator invites you to use the Services to participate in the Patient's healthcare.
• You are a Customer User if you are an employee or agent of a business that is an Activate Care Customer, and you are required to use the Services as part of your job.
• You are an Invited Team Members User if you provide healthcare or related services, and a Customer, Patient (or their proxy), or care team administrator invite you to participate in a Patient’s healthcare. Examples of Invited Team Member Users include healthcare providers, payers, social service organizations, government agencies, school nurses, home health aides, medical equipment suppliers, and their employees and agents.

• cooperate with us, and turnover any relevant information, in the event an audit, complaint, investigation, or similar matter;
• immediately notify us of any bugs and glitches, and cooperate with us in investigating and fixing bugs and glitches; and
• provide true, accurate, current, and complete information both about yourself, and in any content you contribute to the Services.

• allow others to use the Services using your Account information;
• access, or attempt to access, the Services using a method other than the interfaces we provide;
• attempt to get around any restrictions we put into place to prevent unauthorized access to and use of the Services;
• use or share Service data or User Data, or engage in behavior that: (a) violates anyone’s privacy rights; (b) violates legal, contractual, or professional standards regarding the confidentiality, use, or sharing of private information; or (c) violates anyone’s Intellectual Property Rights;
• upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
• attempt to disable, impair, or destroy the Services;
• disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
• place advertisement of any products or services in the Services except with our prior written approval;
• use any data mining or similar data gathering and extraction methods in connection with the Services; or
• use the Services or data in a way that violates the law, subjects anyone else to criminal or civil liability or sanctions, or impairs their rights or obligations.

Data in the Services

• provide, operate, maintain, improve, extend, and test the Services;
• provide and create documentation, training, and professional services related to the Services;
• fulfill our legal and contractual obligations;
• create and deliver analytics;
• develop de-identified comparative analytics for our own, or our customer’s quality improvement purposes; and
• develop, test, defend, use, and disseminate standards for the effective creation and engagement of clinical teams and patients, in coordinating care.

• you are authorized to use the Services;
• the information you provide both about yourself, and in any content you contribute to the Services is true, accurate, current, and complete; we may rely on its accuracy; and we have no obligation to verify its accuracy;
• you have obtained any required authorizations or consents before using or disclosing data, and (a) that the authorization is not expired, and (b) if necessary for continued use of the data within the Services, you will renew the authorization when it expires.
• If you are a clinical user, that you or your organization have implemented auditable policies, procedures, and systems to ensure that legally required authorizations and consents are obtained and not revoked.

OUR DISCLAIMER OF WARRANTIES

OUR LIMITATION OF LIABILITY

• any use of the Services in violation of these Terms;
• any matter beyond our reasonable control;
• any loss of data, loss or interruption of use, or cost to procure substitute technologies, goods, or services;
• any indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business revenues, profits or goodwill, nor any penalty or sanction;
• any matter governed or affected by laws or regulations of any nation for which a private right of action does not exist at the time the agreement was entered into;
• the criminal, negligent, or illegal actions of third parties, including without limitation any User or User's contractors, employees, agents, or business associates;
• any use of the Services in any application, environment, service, or device for which it was not designed, or which use was contemplated;
• alterations, combinations, enhancements of the Services, or any component thereof not created by us;
• our reliance on data or information, including User Data, supplied by Customers or Users which was erroneous or incomplete;
• our acting on or following authorized User or Customer instructions;
• your handling, sharing, re-sharing, or distribution of User Data, including your own personal information; or
• harm or other consequences from a third party's use or re-sharing of User Data it received from you;
• aggregate damages in excess of five dollars ($5), even if advised of the possibility of such damages.

TERMINATION

MISCELLANEOUS