Privacy Policy and End User License Agreement

Wildflower Health, Inc.

Privacy Policy and End User License Agreement

 

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Wildflower Health, Inc.

Privacy Policy

  1. Introduction

Wildflower Health, Inc. (us, we, or “Wildflower Health”) is committed to protecting the private information of our customers, visitors, and other users of wildflowerhealth.com (the “Site”) and related websites, applications, services and mobile applications provided by Wildflower Health and on/in which this Privacy Policy is posted or referenced (collectively the “Application” or “Services”). Your use of the Services is governed by this Privacy Policy and by the Wildflower Health Mobile End User License Agreement, which is incorporated by reference into this Privacy Policy.

This Privacy Policy describes how we collect, use, and disclose your information as a part of providing our Services. We offer you choices about how we use certain types of information we collect and the ability to access and correct your information. We encourage you to review this Privacy Policy periodically so that you are up-to-date on our privacy practices.

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. BY ACCESSING THE SITE, DOWNLOADING THE MOBILE APPLICATION AND/OR USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES. THIS POLICY MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SERVICES AFTER WE REVISE THIS POLICY MEANS YOU ACCEPT THOSE CHANGES, SO PLEASE CHECK THE POLICY PERIODICALLY FOR UPDATES.

This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Services or any website or digital services of our business partners, each of which may have data collection, storage and use practices and policies that may differ from this Privacy Policy. We encourage you to review the privacy statements of websites or digital services you choose to access from the Services so that you can understand how those websites or digital services collect, use and share your information.

For any questions of if you believe that Wildflower Health has not adhered to this Privacy Policy, please contact Wildflower Health at support@wildflowerhealth.com.

  1. Information We Collect and How We Collect It

We collect information from and about users of our Services:

  1. Information You Provide To Us
    1. Information That Personally Identifies You. When you access and use any of our Services, we may ask you to provide us with certain information that personally identifies you, or the individual on whose behalf you are using the Services (including for example, your family members), or could be used to personally identify you or the individual on whose behalf you are using the Services, or that you provide to create profiles for additional users who you invite (“Authorized Users”) to use the Services in connection with your account (“Personal Information”). Personal Information about you, individuals on whose behalf you use the services or provide information or your Authorized Users may include: (i) contact data (such as name, e-mail address and phone number); (ii) demographic data (such as gender, date of birth and zip code); (iii) insurance data (such as insurance carrier, insurance plan, member ID, group ID and payer ID); (iv) medical data (including, without limitation, the doctors, dentists, pharmacies or other healthcare specialists, professionals, providers, or organizations (collectively, “Healthcare Providers”) visited, reasons for visit, medical history, and other medical and health information you choose to share with us); (v) medical data that may be collected from third-party devices that are compatible with, and linked to, the Services (including, without limitation, fitness trackers, blood pressure monitors, weight scales, fetal dopplers) (collectively, “Health Data”); and (vi) other identifying information that you choose to provide to us, including, without limitation unique identifiers such as passwords or any medical data you choose to provide while using the Services.  
    2. Information That Does Not Personally Identify You.  When you access and use any of our Services, we may also ask you to provide us with certain information that is about you but individually does not identify you, including, without limitation, information that you provide by filling in any forms (including information provided at the time of subscribing to our Services), registering to use or mobile applications, and/or requesting further services. We may also ask you for information when you report a problem with our Services.
    3. Publicly Posted Information.  You may also provide information for publication or display (“Posted”) on public areas of our website or mobile applications (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
    4. Decision Not to Provide Information to Us.  You may still access and use some of the Services if you choose not to provide us with any Personal Information, but features of the Services that require your and your Authorized Users’ Personal Information may not be accessible to you.
  2. Automatic Information Collection
    1. Information Automatically Collected
      1. Traffic Data.  We may automatically collect certain data when you use the Services, such as (i) IP address; (ii) type of device(s) used to access the Services; (iii)  web browser(s) used to access the Services; and (iv) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”).
      2. Location Information. We, and other third party providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Application’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to our and such third parties' collection, maintenance, publishing, processing and use of your location data to provide you with the Services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features of the Application. However, turning off or not using these features may impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and neither we, nor such parties guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.   
      3. Tracking Tools. Wildflower Health will keep track of the screens, views, and actions that our users take when they use the Services ("Tracking Tools") in order to improve the effectiveness of the Services. This data is used to deliver customized content to users whose behavior indicates that they are interested in a particular subject area.
    2. Information Collection Technologies

The technologies we use for automatic information collection may include:

      1. Cookies.  A cookie is a small file placed on your device. We use cookies to recognize you and authenticate your device when you access the Services. It may be possible to refuse to accept cookies by activating the appropriate setting on your web browser or device. However, if you select this setting you may be unable to access certain parts of our Services.

 

      1. Web Beacons. Email communications sent to you may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have read those emails.

 

      1. Do Not Track Signals. We do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt out of the collection of information across networks of websites and online services as there is no standard for how online services should respond to such signals. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Privacy Policy.
  2. Information Collected by Third Parties
    1. Third Parties. When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
  1. Use of Personal Information

We use your information to deliver our Services, contact you periodically in connection with our Services, and to develop and improve our Services. We only use your information as described in this Privacy Policy or otherwise through your consent.

Your privacy is important to us, and we strictly limit access to your information to those employees who require this information to better serve you. Under no circumstances do our employees have access to your Health Data beyond what is needed to deliver the Services to you. Certain insurance carrier networks may be able to access your information through our Services, but only to the extent that you permit. We aim to be responsible with your information, and ensure that you know exactly how it will be used through our Services. You may correct your data according to the procedures set forth in this Privacy Policy.

Information from Tracking Tools may be shared with our third party partners who may also use screen views and actions users take when they use Services to connect them with health care benefits or resources they may be eligible for.

In addition, we also use information, including Personal Information, to provide and improve the Services. Such use may include:

  1. Disclosure of Personal Information

In certain circumstances, and in order to perform the Services, Wildflower Health may disclose certain information that it collects from you.

We may disclose information to the following:

We do not sell, rent or lease our customer lists to third parties.

  1. Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us and offer settings to control what types of messages and notifications you receive from us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.

  1. Security of Information Collected

We safeguard the security of the information you provide to us with physical, electronic, and administrative procedures.

    1.   User level information sharing.  All information gathered in the Application is encrypted for secure storage and encrypted if and when transported over the network. We may share personally identifiable Personal Information, Traffic Data, usage information, or other information you provide while using the Services with third parties, including your Healthcare Provider or insurance provider, as listed in Section 3.1, but all sharing will be done in an encrypted and secure fashion.
    2. Data Security. Wildflower Health secures your Personal Information from unauthorized access, use or disclosure through physical, administrative and reasonable technological measures.  Although we will use reasonable efforts to safeguard the privacy of your Personal Information, transmissions over the Internet cannot be made absolutely secure. Wildflower Health assumes no responsibility or liability for disclosure of any of your Personal Information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control. The Services rely on the Internet and mobile networks, which are not always secure. We work hard to protect Wildflower Health and our users from data breaches, but we cannot assure that the use of the Services is secure. Whenever we collect sensitive information (such as personal health data), that information is encrypted and transmitted to us in a secure way. We also protect your information offline. Only employees or contractors who need information to perform a specific task are granted access to Personal Information. The cloud in which we store Personal Information is maintained in a secure environment.  In the event we become aware of a security incident, we will notify you as required under applicable law. Wildflower Health will not, at any time, request credit card information, login information, or any identification numbers in a non-secure or unsolicited email or telephone communication. You can learn more about how to prevent identity theft at www.ftc.gov.
  2. Accessing and Correcting Your Personal Information.

You have the right, at any time, to review and/or modify any of your personal information that you provided during registration or any other voluntarily provided information.

In any event, for legal compliance purposes, we may retain information about you in a legal archive until such time as we no longer have legal obligations for such information. Our back-up files will maintain copies of your personal information until we complete normal operational overwriting of such files, but no longer than ninety (90) days from the date your information was removed from our primary files pursuant to your request. We reserve the right to contact former users from time to time.

  1. Children Under Thirteen

Wildflower Health does not knowingly collect Personal Information from children under the age of 13.

If you are under the age of 13, you must ask your parent or guardian for permission to use the Services. If we become aware that a user under the age of 13 has registered or is attempting to register, we will notify the user that the user is not eligible for registration. We will then expunge any related Personal Information from our records. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will expunge that information. If you believe we might have any information from or about a child under 13, please contact us at support@wildflowerhealth.com.

If you are a parent or legal guardian of a minor child, you may use the Services on behalf of such minor child. Any information that you provide while using the Services on behalf of your minor child will be treated as Personal Information as described herein.

  1. Changes to this Policy

Wildflower Health will occasionally update this Privacy Policy to reflect company, customer, and user feedback, changes in the law, or other updates. We encourage you to periodically review this Privacy Policy to be informed of how Wildflower Health is protecting your information. Your continued access of the Services constitutes your agreement to this Privacy Policy and any updates or revisions.

 

  1. California Privacy Rights

As of the date of this Privacy Policy, Wildflower Health does not serve advertising on the Services and does not sell any personal information.  Due to the scope of our Services, Wildflower Health is not currently required to comply with the California Consumer Privacy Act or the California Privacy Rights Act ("California Privacy Laws").  If/when Wildflower Health is required to comply with the California Privacy Laws, we will update our Privacy Policy. 

  1. Contact Information

Wildflower Health welcomes your questions or comments regarding this Privacy Policy.  If you believe that Wildflower Health has not adhered to this Privacy Policy, please contact Wildflower Health at support@wildflowerhealth.com.  We will use commercially reasonable efforts to promptly respond and resolve any issue or question.

 

This policy was last updated on November 2022.

 

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Wildflower Health, Inc.

Mobile Application End User License Agreement

 

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Wildflower Health, Inc. (“Company”). This Agreement governs your use of the [NAME OF APPLICATION] downloaded by you via Apple, Inc.’s (“Apple”) App Store (the “App Store”) or Google, Inc.’s (“Google”) App Store (the “App Store”) (including all related documentation, the “Application”).

BY CLICKING THE “AGREE” BUTTON YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

Please read this Agreement carefully, as well as our Privacy Policy, which is incorporated by reference into this Agreement. 

This Agreement is between the Company and you; as such, you acknowledge that Company (in accordance with the limitations herein) rather than Apple or Google is responsible for any claim or liability arising from your use of the Application including, but not limited to, any third party claim of infringement of intellectual property rights.  Nevertheless, you agree to abide by all terms, conditions or usage rules imposed by Apple or Google applicable to the use of this Application, including, but not limited to, any terms, conditions or usage rules set forth in the App Store Terms of Service.

Through the Application, the Company provides information and tools to help users manage health issues along an entire lifetime of care. For example, we may offer a care coordinator (the “Care Coordinator Service”) to (i) remind you of an upcoming appointment, (ii) assist with onboarding you to the Services as necessary, (iii) ensure you are able to receive and connect you’re your medical devices as intended, and (iv) support care plan compliance in coordination with your treating Provider.  You may use the Care Coordinator Service during business days between the hours of [______] The Application, including the Care Coordinator Services, is designed to support, not replace, the relationship between you and your doctor, midwife or other healthcare provider (“Provider”) and you should always contact your Provider directly if you have any questions or concerns about your health or need to access medical care services or treatment. You acknowledge that the Application, including the Care Coordinator Service, is for informational purposes only and is not a substitute for medical advice, diagnosis or treatment, and does not guarantee coverage for any services under your health benefit plan or any insurance policy. 

this mobile application does not provide medical advice AND IS NOT INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE APPLICATION IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. APPLICATION USE IS NOT MONITORED REAL-TIME FOR EMERGENCY MEDICAL NEEDS.  DO NOT USE THE APPLICATION TO ADDRESS A MEDICAL EMERGENCY.  IN THE EVENT OF A MEDICAL EMERGENCY, DIAL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

  1. Use of Application

You may use the Application, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Application (singly or collectively, the “Content”) solely for your personal, non-commercial, purposes. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. We reserve complete titles and full intellectual property rights in all Content to the extent permitted by law.  Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Application.  You may not use the Application in any manner which could damage, disable, overburden or impair the Application or interfere with any other party’s use and enjoyment of the Application.

  1. License Grant and Restrictions

The Application is licensed, not sold to you.  All rights, title and interest (including, without limitation, all copyrights, trademarks and other intellectual property rights) in and assigned to this Application belong to us.  Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use and access the Application, provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or exploit any of the content, in whole or in part, found in the Application, (ii) modify or attempt to modify the Application in any manner or form, or (iii) violate any term in this Agreement.  Any use of the Application and its content not explicitly permitted by this Agreement is a breach of this Agreement and may violate the law.  If you violate this Agreement, your license to use the Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.   

The materials within the Application are copyrighted by us and/or other applicable rights holders. Any use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

  1. Copyright and Trademark Information

All Content included or available in the Application, including site design, text, graphics, interfaces, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content and the selection and arrangements thereof on the Application (collectively “Proprietary Material”) is owned by the Company, its partners, affiliates, contributors or third parties.  Any use of materials in the Application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Company.

Trademarks displayed on the Application are the property of, the Company or of its respective partners.  You may not copy or otherwise use any of these marks, logos or trade names without the prior written permission of the owner. In addition, any use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.

  1. Account and User Information; No Access By Minors

When you register with the Application, you will have the opportunity to create one or more profiles and to add information, data and images to the profile(s).  A profile may relate to you or it may relate to a child, parent, or other person for whom you are providing care. Individuals for whom you create a profile, as well as you as the authorized user of your account, are each “users” of the Application.

You agree to be the sole, authorized user of your account.  You are responsible for maintaining the confidentiality of any password and account number provided to you for accessing the Application, and you are fully responsible for all activities that occur under your password and your account including the security of your mobile device, your activities, and the activities of any of your users.  If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application.  You agree to notify immediately the Company of any unauthorized use of your password or account or any other breach of security.  The Company has no control over the use of your account and expressly disclaims any liability derived therefrom.

You must (i) provide all equipment necessary for your own Internet connection, including mobile device; (b) provide for your access to the Internet; and (c) pay any fees related to such connection. In order to maintain the best user experience and highest possible levels of security, do not use the Application on any device where the user access privileges have been escalated by, for example, jailbreaking or rooting the device.

You agree that you are 13 years of age or older.  If you are a parent or legal guardian of a minor child, you may use the Services on behalf of such minor child. Any information that you provide while using the Services on behalf of your minor child will be treated as Personal Information as described in the Privacy Policy.  No person under 13 years old is permitted to use the Application.  When users enter personal information into our Application, the user is representing to us that he/she is over 13 years old.

  1. Third Party Sites, Services and Devices

The Application may enable and facilitate access to third-party mobile applications, websites, and/or certain third party health devices (“Third Party Materials”).  Access to Third Party Materials may require you to accept additional terms and conditions and privacy policies.  You acknowledge that the Company is not responsible for the terms and conditions or privacy policies of Third Party Materials.

Certain Third Party Materials, such as third party personal health devices (e.g. activity monitors, blood pressure monitors, weight scales, fetal dopplers), may display, include or make available content, data, information, health alerts, applications or materials or provide links to additional third party websites or allow you to upload or enter your own data.  By using the Third Party Materials, you acknowledge and agree that neither the Company nor its agents are responsible for the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials, or the data you choose to upload or enter into the Application through those Third Party Materials.  Neither the Company, nor its agents warrant or endorse, and each does not assume and will not have any liability or responsibility to you or any other person for, any Third Party Materials. Links to Third Party Materials are provided solely as a convenience to you.

In the event that the Company has facilitated access to Third Party Materials, such Third Party Materials are intended for the purpose of displaying, printing or analyzing the physiological parameter(s) measured by the device and you and/or your health care provider can independently review the basis for any diagnostic or treatment recommendation.

  1. User Submissions

Any information submitted through the Application, including, without limitation, answers to health risks assessments, biometric tracker data, screening visits, goals, challenges, trackers, blood pressure information, weight, fetal heartrate, trophy case, coaching, community, social media connectivity, and activity device monitor connectivity may be provided to the Company.

By submitting consent to the Application, you hereby grant the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid up right and license to access, use, view, copy, adapt, reformat, and download such content only on, through, or by means of the Application and for the limited purpose of making such content available to you and as otherwise set forth in our Privacy Policy.  By posting a message, content or other material in any public area of the Application or submitting any correspondence to us, you expressly grant us, and anyone authorized by us, a global, royalty-free, perpetual, irrevocable, unrestricted, nonexclusive license to publish, reproduce, sell, disclose, modify, create derivative works from, distribute, publicly perform or display, or otherwise use such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose whatsoever.  By submitting your email address to the Application, you consent to the Company contacting you via email and understand that you may opt out at any time.  The Company will never ask for personal information or financial information through emails. Material that is copyright protected may not be submitted without permission from the copyright owner, and you are solely responsible for the failure to obtain any such permission.

We will comply with any legal requests to disclose any submissions, communications or postings to others, including to law enforcement agencies.

  1. Export-Control Regulation

The Application is subject to United States export laws and regulations.  You will not use or otherwise export the Application except as authorized by United States law.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed in any U.S. Government list of prohibited or restricted parties.  Company prohibits accessing materials from countries or states where such content is illegal.  You are using the Application on your own initiative and you are responsible for compliance with all applicable laws.

  1. Term and Termination

The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company as set forth in this section.

You may terminate this Agreement by deleting the Application and all copies thereof from your device.

Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Application and delete all copies of the Application from your device and account. Termination will not limit any of Company's rights or remedies at law or in equity.

  1. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

this mobile application does not provide medical advice AND IS NOT INTENDED TO CONSTITUTE THE PRACTICE OF MEDICINE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE APPLICATION IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. APPLICATION USE IS NOT MONITORED REAL-TIME FOR EMERGENCY MEDICAL NEEDS.  DO NOT USE THE APPLICATION TO ADDRESS A MEDICAL EMERGENCY.  IN THE EVENT OF A MEDICAL EMERGENCY, DIAL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT be liable for any damages whatsoever, and in particular THE COMPANY shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to THE APPLCIATION or the information contained THEREIN, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if YOU HAVE been advised of the possibility of such damages.  Because some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may be inapplicable to you.  In such jurisdictions, the Company shall not be liable for any special, indirect, consequential or incidental damages and liability is limited and warranties are excluded to the greatest extent permitted by law, but shall in no event exceed $100.00.

Company and its affiliates take all reasonable measures to ensure that any information provided by you to the Application is disclosed pursuant to our Privacy Policy.  you agree, though, that your submission of such information is at your sole risk, and you hereby release THE COMPANY from liability to you for any loss or liability relating to such information.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Company its parents, subsidiaries, and their respective directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “the Indemnified Parties”), from any claim, loss, expense, demand,  liability and settlement (including reasonable attorneys’ fees and costs), made by any third party due to, in connection with or arising out of (i) your use of the Application, (ii) any violation by you of this Agreement, (iii) any infringement by you or any other user of the Application using your mobile device, of any intellectual property or any other right of any person or entity, or (iv) any communications, content or other material posted to or transmitted through the Application by you or by others using your account.  You further agree that you will cooperate as reasonably required in the defense of such claims. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of the Company.

  1. Modifications and Interruption to Service

The Company reserves the right to modify or discontinue the Application with or without notice to you.  You acknowledge and agree that the Company, and the Indemnified Parties shall not be liable to you or to any third party should the Company exercise its right to modify or discontinue the Application.  You acknowledge and agree that (i) the Company does not guarantee continuous, uninterrupted or secure access to the Application or that the Application will be error-free and (ii) operation of the Application may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  1. Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any claims, legal proceedings or litigation arising in connection with these Terms or the Services, for which the dispute arbitration provision below does not apply, will be brought solely in the federal or state courts located in San Francisco County. You consent to the jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

  1. Arbitration

Any controversy or claim arising out of or relating to an alleged breach of this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof.   Either you or Company may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in San Francisco, necessary to protect the rights of property for you or Company pending the completion of arbitration, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. 

As a user of the Application, you agree to contact us prior to seeking legal recourse for any harm you believe you have suffered from your use of the Application.  In the event that you believe the Application has harmed you, you agree to inform us and to give us thirty (30) days to cure the harm before initiating any action.  You also agree that you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

  1. Third Party Beneficiary

Company, Women’s Health Connecticut, Inc., and you acknowledge that Apple and Apple’s subsidiaries, Google and Google’s subsidiaries, or the Company Parties are third party beneficiaries to this Agreement.  Upon your acceptance of this Agreement, Apple, Google or the applicable Company Parties will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.  There are no other third party beneficiaries to this Agreement.

  1. Copyright Infringement; DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that content or material in the Application infringes a copyright owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked.  This request should be sent to:

By mail:

Wildflower Health, Inc.

PO Box 7336

Cotati, CA 94931-9991

 

By email:

Email:  wf_legal@wildflowerhealth.com

With copy to: nwilson@hansonbridgett.com

 

The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject of infringing activity; (iv) the name, address, telephone number, and email address of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Application should be sent to the address above.

  1. Updates

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Amendment

We have the right, at any time and without prior written notice, to add to or modify the Agreement, by amending the Agreement available within the Home page of the Application or by requiring you to accept an updated Agreement upon accessing the Application.  Your access or use of the Application after the date of such amended Terms constitutes acceptance of such amended Terms.  By continuing to access or use the Application after we post such changes, you agree to these Terms, as modified.

  1. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

  1. Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

  1. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any other agreement, the terms of this Agreement shall govern.

  1. Contact Us

If you have technical questions or are experiencing technical issues, please contact support@wildflowerhealth.com.

Last Revised:  July 2021