End-User Terms of Service for care.coach Fara™ @ Elevance Health
These terms of service (“Terms”) govern your access to and use of the care.coach website and services (collectively, the “Services”) and care.coach's provision of those Services to you, as covered by Elevance Health, Inc (“Elevance”).
In the event of any conflict between a term, provision, or condition in these Terms and a term, provision, or condition of your relationship with Elevance or Elevance’s agreement with care.coach (“Organizational Terms”), the term, provision, or condition of the Organizational Terms will supersede and take precedence over the conflicting term, provision, or condition in these Terms.
By using any part of the Services, you are agreeing that your use of the Services will be governed by these Terms. If you do not agree to the Terms, then you are not authorized to use the Services.
1. SCOPE OF SERVICES. The Services are comprised of two main components. The first main component of the Services is care.coach's provision of hosted technology which allows you to interact up to 24/7 with a care.coach SMS text-messaging agent (the “Agent”), named Fara. The second main component of the Services is care.coach's provision of services by human health advocates who will support your interaction with the Agent and your use of the Services more generally (“Health Advocate Services”).
The Services may be accessed by you only (the “Participant”). You will not allow any other person to send SMS messages to the Agent using your phone number.
THE SERVICES ARE FOR ENTERTAINMENT, SOCIALIZATION, AND WELLNESS EDUCATION AND PROMOTION PURPOSES ONLY.
CONVERSATIONS WITH THE AGENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. CARE.COACH DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. INFORMATION THAT YOU OBTAIN THROUGH CARE.COACH'S SERVICES, INCLUDING THROUGH ANY COACHING OR REMINDER PROGRAMS, SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE OR DIAGNOSIS, AND MEDICAL DIAGNOSES AND TREATMENTS SHOULD ONLY BE ADMINISTERED UPON DIRECTION BY A TRAINED CLINICIAN.
CARE.COACH DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY MEDICAL OR OTHER EMERGENCY. YOU ARE EXPRESSLY ADVISED TO TREAT THE AGENT AS A SOURCE OF ENTERTAINMENT, SOCIALIZATION, AND WELLNESS EDUCATION AND PROMOTION ONLY, NOT AS A MEANS OF SUPERVISION, NOR AS A MEANS OF EMERGENCY RESPONSE. CARE.COACH DOES NOT OPERATE A CERTIFIED MEDICAL ALERT OR EMERGENCY RESPONSE CALL CENTER.
2. GRANT OF AUTHORITY. Provided that you accept and comply with the Terms, care.coach hereby grants you a limited, non-transferable right, during the subscription term, to access and use the Services directly as the Participant, solely for the benefit of yourself. Access to the Services is provided on a phone number basis. You are solely responsible for:
limiting access to the Services to you only;
taking all reasonable steps to (1) ensure that no unauthorized person shall have access to send text messages to Agent using your phone number; (2) promptly inform care.coach if there is reason to believe your phone number or access to your phone has been compromised or if your phone number should be deactivated from Services;
ensuring that you comply with all applicable laws and regulations in your access to and use of the Services;
providing and maintaining the phone/SMS plan and equipment, such as smartphone, required to access the Services;
ensuring that you have the full right and authority to transmit to care.coach all data, communications, photographs, images, and other materials (“Data”) you elect to transmit to Agent; and
ensuring that you have the right to authorize care.coach to use Data (as defined below) in support of the Services.
You are also responsible for any use or misuse of the Services through individuals using your phone number.
care.coach shall use commercially reasonable efforts to store Data on the care.coach servers during the term of your subscription. However, you understand, acknowledge and agree that except as mandated by federal laws regarding healthcare data, care.coach shall have no liability to you, the Participant, or any third party claiming through you or any of the foregoing for any loss or damage to Data transmitted to care.coach or any breach of security of the site which may expose Data (as defined below) to third parties.
3. RESTRICTIONS ON USE. You may NOT…
transmit Data or use the Services in a manner which is defamatory, libelous, illegal, fraudulent, pornographic, offensive, discriminatory, or otherwise inappropriate;
use the Services for commercial purposes, on a shared basis, or on behalf of any third parties other than yourself as the Participant;
attempt to access any third-party data stored on or through the care.coach servers other than your Data;
interfere with third party subscribers or users of the Services or their access to the Services;
attempt to download, copy, reverse engineer, decompile, disassemble or replicate all or any portion of the care.coach technology powering the Agent; or
upload Data in violation of any third-party intellectual property or privacy rights.
4. PERSONAL INFORMATION. As between you and care.coach, any Data you transmit to care.coach through the Services remains solely and exclusively yours. In addition, you understand and acknowledge that provision of the Services is interactive and may include interchanges between Participant and Health Advocates, comments written by Health Advocates, notification messages to Elevance Health, and other associated data (“Total Data”) which is received, produced, processed and stored by care.coach. During the term of the Services, you hereby grant care.coach the right to access, store and use such Data and Total Data for purposes of providing the Services, including, without limitation, to support the Agent’s interaction with the Participant. Examples of such use include, without limitation, the following:
Artificial intelligence (AI) systems supporting the Health Advocates interacting with the Participant through the Agent will use Data and Total Data in order to accurately, intelligently, sensitively and personally respond to Participant;
care.coach maintains a database of information relating to the Participant as well as previous interactions with the Agent in order to create a sense of continuity and depth to the relationship between the Participant and the Agent; and
care.coach may notify Elevance of certain information, such as the results of surveys.
Any information provided through care.coach, including by or through Health Advocates, is strictly for enhancing the entertainment, social, educational, and wellness promoting value of the Services and should not be relied upon for medical diagnosis or treatment, or for emergency purposes.
Data and Total Data may be stored by care.coach for such period of time following your subscription term as care.coach deems reasonably required for its business purpose. care.coach may derive certain non-identifiable data ("Anonymous Data"), such as usage statistics and machine learning and AI training data, which it may use for its own product development, operational, marketing or other purposes. Such Anonymous Data shall be the property of care.coach, and shall not include any of your personal Data or Total Data.
5. SUBSCRIPTION TERM. Your acceptance of these terms and your subscription shall commence on the first day in which you use any part of the Services, and shall continue for the period explained to you in writing via SMS text prior to your opt-in (“Try-Out Period”). Please note that care.coach reserves the right at any time, with or without prior notice to you and without any liability to you or anyone claiming through you, to suspend or terminate your access based on (a) a breach of these Terms by you, (b) a security threat or breach, (c) due to force majeure conditions or events, (d) for site and system maintenance, or (e) at the election of Elevance or due to termination of any of the Organizational Terms for any reason.
6. LIMITED WARRANTY; WARRANTY DISCLAIMER.
Third Party Equipment. Any third-party hardware or software, including but not limited to the phone you use to interact with Agent, is subject to the third-party manufacturer’s or licensor’s applicable warranty, if any. CARE.COACH MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THIRD PARTY HARDWARE OR SOFTWARE. ANY CLAIM YOU MAY HAVE WITH RESPECT TO ANY SUCH THIRD-PARTY HARDWARE OR SOFTWARE SHOULD BE MADE TO THE RESPECTIVE THIRD-PARTY MANUFACTURER OR LICENSOR, AS APPLICABLE, AND YOU HEREBY RELEASE CARE.COACH FROM ANY SUCH CLAIMS OR LIABILITY WITH RESPECT TO SUCH HARDWARE OR SOFTWARE.
Health Advocates. care.coach uses reasonable care in selecting and maintaining Health Advocates who are
fluent in comprehending spoken English and/or Spanish,
highly rated in previous customer support and/or personal assistant roles, and
competent to perform the task of serving as a Health Advocate
Additionally, upon completion of training, all Health Advocates must pass an international background check, with zero criminal records found, prior to assignment of long-term work. All Health Advocates are bound by written agreements with confidentiality clauses that forbid them from disclosing to any third parties any information obtained through their service as a Health Advocate outside of (a) disclosures made to you or anyone you authorize to care.coach in writing with respect to your Data and Total Data, (b) disclosures made within care.coach, including to other Health Advocates, in support of the Services, (c) as may be required by law or regulation, or (d) for security purposes. Health Advocates generally do not have training as physicians, counselors, or any other form of licensed health professional.
WARRANTY DISCLAIMER. SUBJECT TO THE FOREGOING, YOU UNDERSTAND AND ACCEPT THAT THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND THAT CARE.COACH EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND WARRANTIES IMPLIED THROUGH COURSE OF CUSTOM OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, CARE.COACH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SOFTWARE OR ACCESS TO EITHER WILL BE PROVIDED ERROR FREE OR WITHOUT INTERRUPTION, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS.
YOU FURTHER UNDERSTAND AND ACCEPT THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, YOU MUST DETERMINE WHETHER THE SERVICES MEET YOUR REQUIREMENTS FOR SECURITY, PERFORMANCE, RELIABILITY, ACCURACY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS, DAMAGES OR OTHER LIABILITY INCURRED BY YOU, PARTICIPANT, OR ANY OTHER PARTY DUE TO FAILURE OF THE SERVICES TO PERFORM SECURELY, WITHOUT ERROR AND WITHOUT INTERRUPTION OR TO OTHERWISE MEET YOUR OR THEIR EXPECTATIONS OR REQUIREMENTS. FOR AVOIDANCE OF DOUBT, CARE.COACH SHALL HAVE NO LIABILITY FOR DAMAGES, AND YOU HEREBY WAIVE ANY CLAIMS AGAINST CARE.COACH, IN EITHER CASE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR CONTENT OF THE SERVICES OR SOFTWARE OTHER THAN CLAIMS DIRECTLY ATTRIBUTABLE TO THE WILLFUL WRONGDOING OF CARE.COACH.
7. OWNERSHIP. All rights, title and interest in and to the Services, the care.coach software, proprietary technology and other materials used or provided by care.coach in connection with the provision of the Services to you, including all design, graphics, text messages, and content provided by care.coach in connection therewith and all updates, modifications and extensions thereto, are and shall remain solely and exclusively with care.coach and its licensors or vendors. Other than the express and limited rights of usage set forth in these Terms, no transfer of title, interest or rights in any property, including intellectual property, shall be inferred through the provision by care.coach of the Services or any hardware, software or other materials provided in connection with the same.
8. COMPLIMENTARY SERVICE. For the duration of Try-Out Period, care.coach Services are paid for by Elevance Health, Inc., and care.coach will not charge you in any way. Your cellular network provider may charge you text messaging and data rates.
10. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CARE.COACH, ITS OFFICERS, EMPLOYEES, INVESTORS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, (INCLUDING LOSS OF USE OR DATA) EVEN IF WARNED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IN EXCESS US$20. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
11. ARBITRATION. Any controversies or disputes arising out of or relating to these Terms that cannot be first resolved by the good faith efforts of you and care.coach shall be resolved exclusively and confidentially by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA) according to its then current streamlined commercial rules of arbitration or such other rules as may be agreed upon by you and care.coach; provided, however, that care.coach reserves the right to seek immediate injunctive relief for security purposes relating to the Services or to protect its intellectual property rights and you hereby voluntarily agree to the personal jurisdiction and venue of such courts for such purposes. The arbitration shall be conducted by a single arbitrator, to be chosen jointly by the parties, or if the parties are unable to agree upon the same, then the arbitrator shall be chosen by the AAA pursuant to their rules for the same. The arbitrator may proceed to an award notwithstanding the failure of either party to participate in the proceedings. The arbitrator shall be authorized to grant interim relief, including to prevent the destruction of goods or documents involved in the dispute, protect trade secrets and provide for security for a prospective monetary award. In no event shall punitive damages (including without limitation multiple damages) be assessed against either party. In addition, the arbitrator shall be bound by and cannot (a) award damages in excess of the limits on liability set forth in these Terms, or (b) provide remedies in addition to those that these Terms expressly states shall be exclusive. The arbitration award shall be binding on both parties and shall remain confidential unless disclosure is required to enforce the same. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof. Any arbitration proceeding shall be held in San Francisco, California. The costs of the arbitration shall be divided evenly between the parties but otherwise each party shall bear its own costs.
12. NOTICES. All notices required or permitted under these Terms shall be in writing and shall be sent to you via SMS text message prefixed by “LEGAL:”, or sent to care.coach via email at email@example.com. Notices shall be deemed delivered at the time of sending, if within normal business hours, or on the next business day if delivery occurs outside of normal business hours.
13. GENERAL LEGAL TERMS. These Terms shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflicts of laws principles, and constitute the entire understanding between the parties, superseding any and all prior discussions, representations, understandings, or agreements, whether oral or in writing, between the parties with respect to the subject matter covered hereunder. A waiver shall only be effective if expressed in writing by the party granting such waiver and shall not be construed as a waiver of future performance of any such term. If any provision of these Terms shall be held by a court of law of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect and, to the extent allowed and practicable, the unenforceable provision shall be modified so as to be enforceable consistent with its original intent and economic effect. The headings used in these Terms are for convenience only and shall not affect the interpretation of the provisions of these Terms. The word "including" shall be construed non-exclusively, to mean "including but not limited to." These Terms represent an agreement between you and care.coach. There are no third-party beneficiaries to the agreement reflected in these Terms, except for Elevance.
14. AMENDMENT. These Terms may not be amended during any current subscription term without the prior written agreement of you and care.coach. However, care.coach may revise these Terms, at its sole discretion, at any time with respect to any extension or renewal of a subscription term. The Terms applicable to your subscription will be those posted on the care.coach site on the start or renewal date of your subscription. By subscribing to an extension to or renewal of the Service subscription term after your initial subscription, or by failing to cancel an automatically renewing subscription prior to its renewal date, you are agreeing to be bound by the Terms in effect as of the extension or renewal date.
15. TEXT MESSAGE COMMUNICATIONS
Consent to Receive Text Messages. By using care.coach Services, you agree to receive SMS text messages from care.coach for informational, promotional, and service-related purposes. These messages may include alerts, notifications, and updates regarding care.coach and your use of the Services.
Opt-Out Procedure. If you wish to opt-out of receiving text messages, you can do so by replying "STOP" to any text message from care.coach. After opting out, you may still receive important notifications through other communication channels, such as email.
Message and Data Rates. Message and data rates may apply to the receipt of text messages. You are responsible for any fees charged by your mobile carrier related to these messages.
Non-Emergency Use Only. care.coach assumes no liability or responsibility in the event of any medical or other emergency.
Entertainment and Wellness Use Only. Text messages from care.coach are for entertainment, socialization, and wellness education and promotion purposes only. They do not provide any medical advice, diagnosis, or treatment.
Changes to Text Message Communications Terms. Section 14 notwithstanding, care.coach reserves the right to modify or update these text message communications terms. Any changes will be effective upon posting on the care.coach site. Your continued use of the Services after the effective date constitutes your acceptance of the modified terms.
16. QUESTIONS. If you have any questions with respect to the Services or the Terms, please do not hesitate to contact us at firstname.lastname@example.org
Last updated December 22, 2023