Terms of Service
Last updated January 17, 2018
Thank you for choosing care.coach!
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, including of any service under the "GeriJoy" brand.
These Terms extend and include by reference any service or payment related terms, provisions, and conditions shown to you when completing a subscription form or payment authorization for the Services (collectively, the “Service Agreement”).
If your use of the Services is on behalf of an organization with a separate contractual agreement with care.coach, then in the event of any conflict between a term, provision, or condition of your organization's agreement and these Terms, the term, provision, or condition of your organization's agreement will supersede and take precedence over the conflicting term, provision, or condition in these Terms.
By using any part of the Services, either in connection with a paid subscription or contract or on any no-fee basis, 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 and your authorized users to (a) access and interact with a care.coach virtual avatar (the “Avatar”) and (b) to upload and download data, photos, communications and other materials to and from the care.coach website and your private care.coach portal(s) on the care.coach site (the “Family Portal” and/or the "Provider Portal"). The second main component of the Services is care.coach's provision of services by human health advocates who will support your and your authorized users’ interaction with the Avatar and your and their use of the Services more generally (“Health Advocate Services”).
The Services may be accessed by you and those persons to whom you provide authorization. However, interaction with each Avatar will be limited primarily to one person (the “Participant”) designated by you or by your organization. You will provide a copy of these Terms to any Participant, or otherwise inform the Participant of these Terms, prior to initiating use of the Services with the Participant.
THE SERVICES ARE FOR ENTERTAINMENT, SOCIALIZATION, AND WELLNESS EDUCATION AND PROMOTION PURPOSES ONLY.
CONVERSATIONS WITH THE AVATAR 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. Generally, unless directed specifically otherwise by a trained clinician, care.coach health-related coaching and reminders are phrased as inquiries asked by the Avatar, e.g. "Did you take your blood sugar level after lunch?" followed in some cases by general knowledge or education, e.g. "It's important to follow your provider's instructions for monitoring your blood sugar."
YOU OR PARTICIPANT MAY CHOOSE TO PROVIDE EMERGENCY CONTACT INFORMATION TO CARE.COACH, IN WHICH CASE THIS INFORMATION MAY BE MADE AVAILABLE TO HEALTH ADVOCATES FOR POSSIBLE USE IN THE EVENT OF AN EMERGENCY, BUT CARE.COACH DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY IN THE EVENT OF ANY MEDICAL OR OTHER EMERGENCY. YOU AND PARTICIPANT ARE EXPRESSLY ADVISED TO TREAT THE AVATAR AS A SOURCE OF ENTERTAINMENT, SOCIALIZATION, AND WELLNESS EDUCATION AND PROMOTION ONLY, NOT AS A MEANS OF SUPERVISION OF PATIENTS IN CRITICAL CONDITION, NOR AS A MEANS OF EMERGENCY RESPONSE. CARE.COACH DOES NOT OPERATE A CERTIFIED MEDICAL ALERT OR EMERGENCY RESPONSE CALL CENTER.
2. DELIVERY. The Services are supported by certain proprietary software developed by care.coach (the “Software”). As described in your Service Agreement, we will deliver to you the Software necessary for use of the Avatar, pre-installed on specialized equipment that we will lease to you.
3. 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 and through individuals authorized by you (including the Participant, the “Authorized Users”) solely for the benefit of the Participant. Access to the Services is provided on a ‘named user’ password-protected basis. You are solely responsible for:
limiting access to the Services to you and your Authorized Users;
taking all reasonable steps to (1) control the dissemination and use of usernames and passwords; (2) ensure that no unauthorized person shall have access to authorized passwords or user names; (3) promptly inform care.coach if there is reason to believe the account or password has been compromised or if a password or user name should be deactivated
ensuring that Authorized Users comply with these Terms and with all applicable laws and regulations in their access to and use of the Services;
providing and maintaining the Internet connection and equipment, such as tablets, laptops, and desktops, required to access the Services (including equipment which may be delivered to you by care.coach);
ensuring that you and your Authorized Users have the full right and authority to upload to the care.coach site and/or your Family Portal all data, communications, photographs, images, and other materials (“Data”) you elect to upload; and
ensuring that you have the right to authorize care.coach to use Data and Streaming Data (as defined below) in support of the Services.
You are also responsible for any use or misuse of the Services through individuals using Authorized User names or passwords.
care.coach shall use commercially reasonable efforts to store Data on the care.coach site 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, an Authorized User or any third party claiming through you or any of the foregoing for any loss or damage to Data uploaded to the care.coach site or any breach of security of the site which may expose Data or Streaming Data (as defined below) to third parties.
4. RESTRICTIONS ON USE. Neither you nor your Authorized Users may:
upload 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 the Participant, unless permitted to in writing by care.coach;
attempt to access any third party Family Portal or other third party data stored on or through the care.coach site other than your Data;
interfere with third party subscribers or users of the Services or their access to the Services;
attempt to access, download, copy, reverse engineer, decompile, disassemble or replicate all or any portion of the Software or other technology; or
upload Data in violation of any third party intellectual property or privacy rights.
5. PERSONAL INFORMATION. As between you and care.coach, any Data you or your Authorized Users upload through the Services remains solely and exclusively yours. In addition, you understand and acknowledge that provision of the Services is interactive and may include online streaming of audiovisual data between the care.coach site and you or an Authorized User (including interchanges between Participant and Health Advocates and comments uploaded by Health Advocates, “Streaming Data”) which is received, 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 Streaming Data for purposes of providing the Services, including, without limitation, to support the Avatar’s interaction with the Participant. Examples of such use include, without limitation, the following:
Health Advocates interacting with the Participant through the Avatar will use Data and Streaming Data in order to accurately, intelligently, sensitively and personally respond to Participant;
care.coach maintains a database of information relating to the Participant and Authorized Users as well as previous interactions with the Avatar in order to create a sense of continuity and depth to the relationship between the Participant and the Avatar; and
Health Advocates display to the Participant images from the Family Portal to facilitate conversation with Participant.
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 Streaming 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, which it may use for its own 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 Streaming Data.
6. SUBSCRIPTION TERM. Your acceptance of these terms and your subscription shall commence on the first day in which you execute a Service Agreement, submit payment, or begin using any part of the Services, whichever comes first, and shall continue for the subscription term as detailed in your Service Agreement or upon payment. 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 or an Authorized User, including a failure by you to be current in your payments for the Services, (b) a security threat or breach, (c) due to force majeure conditions or events, or (d) for site and system maintenance. care.coach may also, in its sole discretion, terminate your subscription term at any time without prior notice or liability to you or anyone claiming through you; provided, however, that if you have prepaid for a defined subscription term and such termination by care.coach occurs prior to the expiration of such term, then care.coach shall refund to you that portion of your prepaid usage fee as reflects the unused portion of your subscription term as of the date of termination.
7. LIMITED WARRANTY; WARRANTY DISCLAIMER.
Third Party Equipment. Any third party hardware or software which may be provided to you by care.coach 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 Your Authorized Users with respect to your Data and Streaming 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 OR THE PARTICIPANT’S 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, AN AUTHORIZED USER 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 ON BEHALF OF YOURSELF AND YOUR AUTHORIZED USERS 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.
8. OWNERSHIP. All rights, title and interest in and to the Services, the 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 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.
care.coach also maintains ownership and title to all hardware and all of its proprietary data and software stored on any electronic hardware such as tablets, even if the hardware has been shipped to you. If you receive any hardware without having paid for the Services, you agree that upon request by care.coach, you will promptly return the hardware according to care.coach's instructions.
Hardware Guarantee. If there is ever an unintentional significant defect or damage to any of the hardware or any of the installed software leased to you by care.coach that prevents normal use of the Services, you may request to return the hardware to care.coach by emailing firstname.lastname@example.org with a description of the defect. Upon instruction by care.coach, you may ship the hardware back to care.coach for replacement, with shipping costs borne by yourself. Upon receipt of the complete hardware, care.coach will ship you complimentary replacement hardware, with shipping costs borne by care.coach. This guarantee applies to manufacturer defects, software errors, wear-and-tear, and damage that may unintentionally occur to the hardware during normal use. It does not cover intentional or grossly negligent damage, as determined by care.coach, and it does not cover loss or theft.
9. PAYMENT & REFUNDS. Pricing for the Services are described to you in your Service Agreement. Unless specified otherwise in your Service Agreement, payments shall be made in advance of the period of Service. Certain payments are handled by PayPal; care.coach is responsible for the PayPal transaction fees while you are responsible for ensuring that the relevant payment account has sufficient credit or balance to make subscription payments on time. Delinquent payments may, at the sole discretion of care.coach, result in termination of Service.
Service Guarantee and Refund Policy. You may terminate your subscription at any time by notifying care.coach. Upon instruction by care.coach, you may ship the hardware back to care.coach, with shipping costs borne by yourself. If you were on a monthly billing cycle and your return shipment is postmarked within 14 days of the date of termination, upon receipt by care.coach of the complete hardware in acceptable condition as determined by care.coach, care.coach will refund to you your payment for the final billing month.
11. 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 OF THE GREATER OF US$20 OR THE FEES PAID BY YOU TO CARE.COACH FOR SERVICES RENDERED DURING THE THREE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
12. 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, unless you are a political subdivision of another state, in which case any arbitration shall be held within your county and state. The costs of the arbitration shall be divided evenly between the parties but otherwise each party shall bear its own costs.
13. NOTICES. All notices required or permitted under these Terms shall be in writing and shall be sent by hand, overnight courier or by facsimile (in each case with confirmation of delivery) and delivered, in the case of care.coach, to the address on the care.coach website, and to you, at the billing address you enter during submission of your payment information. Notices shall be deemed delivered on the date of delivery, if delivery occurs within normal business hours or on the next business day if delivery occurs outside of normal business hours.
Alternatively, emailed notices to you at the email address you enter during submission of your payment information, or to care.coach at email@example.com shall be deemed to be effective if confirmed by emailed reply from the receiving party acknowledging receipt. An emailed notice shall be deemed effective from the time of such reply acknowledging receipt.
14. 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.
15. 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.
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