Terms of Service for Setuphealth

Last Edited on 2018-4-23

Who We Are

Prudwell Health Inc. (“Prudwell Health” or “we”) provides an online service to help organize, store, and manage information related to your health (the “Setuphealth Services”) through our website, accessible at setuphealth.com, or via an application for the iOS operating system (collectively, the “Site”).

PRUDWELL HEALTH DOES NOT PROVIDE ANY MEDICAL ADVICE OR RESULTS RELATED TO THE PATIENT’S HEALTH. ANY SUGGESTED ACTIONS ARE TO BE DISCUSSED WITH YOUR HEALTHCARE PROVIDER BEFORE TAKING ACTION>

Terms of Service; Acceptance

These terms of service govern your use of the Site and Setuphealth Services; by using the Site or Setuphealth Services, you accept these terms of service (the “Terms of Service”) in full and without reservation. If you disagree with the Terms of Service in all or in part, you must not use the Site or Setuphealth Services

Eligible Users

YOU ARE ONLY ELIGIBLE TO USE THE SITE OR SETUPHEALTH SERVICES UNDER THE CONDITIONS BELOW.

Users of the Site or Setuphealth Services (“Users”) must have the legal capacity to approve the Terms of Service and the use of the Site and Setuphealth Services. Users must be at least 18 (eighteen) years of age. By using the Site or Setuphealth Services and by agreeing to the Terms of Service, you warrant and represent that you are at least 18 years of age.

Where another person operates the Site or Setuphealth Services (“Operator”) on behalf of the User, the User must authorize the Operator. The Operator must be at least 18 (eighteen) years of age and have the legal capacity to approve the Terms of Service and the use of the Site or Setuphealth Services. If a User is under age or without legal capacity, the express consent of the User’s legal representative is required. The User must be under supervision of a medical expert to participate in the Site or Setuphealth Services.

Service Availability

Prudwell Health will make best efforts to provide access to the Site and Setuphealth Services seven days a week, twenty-four hours a day;

PRUDWELL HEALTH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APPLICATION, WEBSITE OR SERVICES, OR THAT THE SITE OR SETUPHEALTH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

License to Use the Site and Setuphealth Services

Unless otherwise stated, Prudwell Health and/or its licensors are the owner of any materials published or used on the Site or Setuphealth Services from time to time (the “Materials”). Materials may include logos, graphics, videos, images, software and other contents.

The Site and Setuphealth Services are owned and operated by Prudwell Health.

Prudwell Health grants the user a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site and Setuphealth Services solely for personal use. You must not:

The foregoing license grant is not a sale of the Site or any copy thereof, and Prudwell Health and its licensors retain all right, title, and interest in and to the the Site and Setuphealth Services (and any copy of the application).

Access to the Site and Setuphealth Services

To use the Site and Setuphealth Services you must have a computer or mobile device that allows you to access the internet. Prudwell Health does not warrant that the Site and Setuphealth Services will be compatible with your PC, Mac or mobile device, or browser. Currently the Mobile app is on iOS only.

You acknowledge that Prudwell Health may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using, or in cases of necessary security updates, disallow connection of outdated versions of the Site to connect to our servers. You consent to such automatic upgrading, and agree that the Terms of Service will apply to all such upgrades. Standard carrier data charges may apply to your use of the application.

Acceptable Use

You must not use the Site or Setuphealth Services in any way that causes, or may cause, damage to or impairment of the availability of accessibility of the Site or Setuphealth Services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site or Setuphealth Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to the application, or Website without Prudwell Health’s express written consent. This includes:

You must not use this Site or Setuphealth Services or any part of it to transmit or send unsolicited commercial communications.

You must not use this Site or Setuphealth Services for any purposes related to marketing without the express written consent of Prudwell Health.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access any aspect of our website or equipment for any purpose.

You shall not sign up, contact or use the Site or Setuphealth Services under a false name.

Services

The Site and Setuphealth Services encompasses a set of tools to enable users to better organize themselves for improving and/or maintaining their health. It includes features to keep track of healthy habits, todos, appointments, medical history, family history, healthcare provider information and a Forecast Report. The Forecast Report identifies and forecasts potential medical risks and retrieves Patient Resources for risk factors flagged by the system indicating, among others, how potential medical risks might be reduced.

Patients must consult with their Medical Service Provider before making any decisions concerning their health. The Forecast Report and accompanying Patient Resources Information are designed to assist users in beginning down the path of learning about potential health issues they may face. In the case that the Setuphealth Services makes a “suggested todo” based on a health risk factor, this potential action must be discussed with your doctor before proceeding.

The health-related content provided in the Forecast Report and the Patient Resources Information is not intended to serve as medical advice, substitute for a Medical Service Provider’s expertise or aid in diagnosing or treating a disease. Further, the analytics engine is not error-free and the underlying medical information, like all medical research, is subject to change. The Forecast Report might have no correlation or accuracy in regard to a particular medical risk. And, the suggested Patient Resources indicating, among others, how potential medical risks could be reduced, might not coincide with a patient’s medical needs. Reliance on any information provided in the Forecast Report and Patient Resources is solely at the risk of the Patient and his or her Medical Service Provider.

Setuphealth can help to suggest healthy habits to you based on your goals. This in no way constitutes medical advice and new health plans should be discussed with your medical provider before beginning.

Setuphealth includes a currency system that rewards participation and allows users to unlock new content or features. Ways to acquire the currency may include daily login, maintaining a consistent streak of healthy habit participation, or purchasing the currency via an App Store purchase. While we do our best to maintain accuracy and reliability of the currency system, we make no guarantees as to the system being bug free and perfectly accurate.

Setuphealth can provide reminders on the iOS app for events including healthy habits reminders, appointment reminders, or todo reminders. These reminders require permission in iOS for Setuphealth to use the Calendar and Push Notifications system. Prudwell Health makes no gaurantees as to the reliability of these reminders as many factors can prevent them from displaying correctly.

Prudwell Health is not a provider of health care services and takes no part in your medical diagnosis and/or treatment. Prudwell Health shall not be liable for any professional advice obtained from your Medical Service Provider, nor for any information obtained on our Site or Setuphealth Services. Prudwell Health does not recommend or endorse any specific tests, Medical Service Providers, medications, or procedures. You acknowledge that your reliance on any information provided by your Medical Service Provider to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by law. Consult with your Medical Service Provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your Medical Service Provider.

Subscriptions

Optional subscription "Setuphealth Premium" is available if you would like to unlock premium features of the app ("Subscription"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles may include monthly, 3 month, 6 month, and 12 month periods, depending on the type of subscription plan you select when purchasing a Subscription.

Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by managing your subscriptions in your iTunes Account. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

All Subscriptions may be final and non-refundable. By accepting these terms, you agree that Prudwell Health Inc. is not required to provide a refund for any reason. Prudwell Health Inc. may change, modify, or eliminate features of the Subscription at any time, with or without notice. Any Subscription fee change will not go into effect automatically; you must opt into the fee change to continue using the Subscription after the end of the then-current Billing Cycle.

Conditions

By using Prudwell Health and the services, you are not entering into a medical service provider/patient relationship with Prudwell Health.

No Warranties

Prudwell Health does not promise or guarantee that the information provided in the Site, Setuphealth Services, or Forecast Report is correct, current, complete, or free from technical inaccuracies or typographical errors. Prudwell Health does not warrant that the functions contained in the Site, Setuphealth Services, or Forecast Report will be uninterrupted or error-free, that defects will be corrected, or that the Site, Setuphealth Service, or Forecast Report made available are free of viruses or other harmful components. Prudwell Health assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information.

Limitations of Liability

You agree to indemnify, defend, and hold harmless Prudwell Health, its officers, directors, employees, managers, shareholders, agents, representatives, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service, and/or resulting from actions or omissions related to your interaction with the Medical Service Providers.

YOU EXPRESSLY AGREE THAT USE OF SITE AND SETUPHEALTH SERVICES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRUDWELL HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. PRUDWELL HEALTH MAKES NO WARRANTY THAT THE APPLICATION, WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION, WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PRUDWELL HEALTH MAKE ANY WARRANTY AS TO THE FORECAST REPORT, OR THAT DEFECTS IN THE SITE OR SETUPHEALTH SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SETUPHEALTH SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRUDWELL HEALTH OR THROUGH THE SITE OR SETUPHEALTH SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PRUDWELL HEALTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SETUPHEALTH SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SETUPHEALTH SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SETUPHEALTH SERVICES. NO AGGREGATE LIABILITY WHATSOEVER IS DUE BY PRUDWELL HEALTH TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR SETUPHEALTH SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Severability

If any provision of the Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Breaches of the Terms of Service

Without prejudice to Prudwell Health’s other rights under the Terms of Service, if you breach the Terms of Service in any way, Prudwell Health may take such action as Prudwell Health deems appropriate to deal with the breach, including suspending your access to the Site or Setuphealth Services, blocking computers using your IP address from accessing the Site or Setuphealth Services, contacting your internet service provider to request that they block your access to the Site or Setuphealth services, and/or bringing court proceedings against you.

Changes to Terms of Service

Prudwell Health may revise the Terms of Service from time to time. Revised Terms of Service will apply to the use of the Site and Setuphealth Services from the date of the publication of the revised Terms of Service on the Site or Setuphealth Services. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

The Terms of Service, together with Setuphealth’s Privacy Policy (https://www.setuphealth.com/privacy) constitute the entire agreement between you and Prudwell Health in relation to your use of the Site and Setuphealth Services, and supersede all previous agreements in respect of your use of the Site and Setuphealth Services.

Law and Jurisdiction

The Terms of Service will be governed by and construed in accordance with the laws of California, USA, without giving effect to California’s conflicts of law principles. Any disputes relating to the Terms of Service will be subject to the exclusive jurisdiction of the courts of the State of California, USA.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Site and Setuphealth Services are provided by Prudwell Health, Inc., 2120 University Ave., Berkeley, CA, 94704. You may contact us by writing or by email. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297.

Contact Us

If you have any questions about the Terms of Service or otherwise need to contact Prudwell Health for any reason, you can reach us at info@prudwell.com.