CONVERSA TERMS OF USE FOR INDIVIDUAL USERS

 

Welcome to the Conversa Health Automated Conversation System

Conversa Health is a service that enables Users to engage in automated, interactive digital conversation sessions (or “chat” sessions) about their health. Companies such as hospitals, healthcare providers, employers, and others (“Conversa Customers”) engage Conversa to provide these chat sessions on their behalf to Users. These chat sessions and related services are referred to in our Privacy Policy7 and in these Terms of Use for Individual Users (“Terms”) as our “Automated Conversation System” or the “Services.”

The Services also include the website at www.conversahealth.com and any other service offered by us.

The Services are provided by Conversa Health, Inc. (“Conversa”, “we” or “us”) on behalf of the Conversa Customer. Please read these Terms carefully because they govern your legal relationship with us and your use of the Services.

Agreement to Terms

If you wish to use the Services, you will be asked to agree to these Terms. If you do so and then proceed to use the Automated Conversation System or any other aspect of the Services, you are agreeing to be bound by these Terms.

If you visit or use our website, you are also agreeing to these Terms. If you don’t agree with these Terms, you are not permitted to visit or use our website or Services. 

Access to and Use of Information from Your Chat Sessions by the Conversa Customer

Please note - The information you provide during your chat sessions and/or information about your use of the chat sessions will be provided to the Conversa Customer that makes the Conversa Services available to you.

On the basis of that information, the Conversa Customer may contact you and/or make decisions about you. Depending on your relationship with the Conversa Customer, these decisions could affect you in different ways. For example, if the Conversa Customer is your healthcare provider, the information you provide through the Services could affect your healthcare provider’s decisions or recommendations about your medical care. If the Conversa Customer is your employer, the information you provide could affect your employer’s decisions about your eligibility or suitability for work or work conditions. If the Conversa Customer is offering you the Services in a different context not related to healthcare or employment, such as screening to determine eligibility or suitability for travel, provision of goods or services, or any other activity or benefit, the information you provide may affect the Conversa Customer’s decisions about your eligibility for such activities or benefits.  

No Medical Advice

You understand and agree that Conversa does not provide medical advice, diagnosis, treatment, or prescriptions, either through the Services or in any other way. We’re here to help you to communicate, but we’re not your healthcare provider. The Services are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider, and if you have any questions about any communications you received through the Services, call your healthcare provider or visit him or her in person. If you think you may have a medical emergency, call your healthcare provider, 911, or other emergency services immediately.

ANY HEALTH INFORMATION SERVICES, SUGGESTIONS, OR OTHER CONTENT PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND AGREE THAT WE’RE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM USING THAT INFORMATION AND WE DISCLAIM ANY LIABILITY RELATING THERETO. IF YOU RELY ON ANY INFORMATION PROVIDED TO YOU VIA THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU AGREE THAT WE HAVE NO RESPONSIBILITY TO PROVIDE MEDICAL ADVICE OR TAKE ANY MEDICALLY RELATED OR OTHER ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.

Definitions

User” refers to an individual end user of the Conversa Services. A User may be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided by an entity or company.

Changes to Terms or Services

We may modify these Terms at any time. If we make only minor, editorial changes, we’ll let you know about the updated Terms when you access the Services, and the new Terms will apply to you and the information we have about you. If, however, we make any material changes, we’ll ask if you consent to the new Terms before you continue to use the Services, and if you decline to consent, the Services might not be available to you.

The current version of the Terms will be dated and posted here.

Because our Services are evolving over time, we may change all or any part of the Services, at any time and without notice to you, at our sole discretion. In addition, we will stop providing the Services if the Conversa  Customer providing you the Services asks us to stop.

Who May Use the Services

You may use the Services only if you are authorized to use the Services by the Conversa Customer and you are 16 years of age or older, legally competent, and legally authorized to enter into these Terms.

The Services are intended for residents of the United States. If you are not a U.S. resident and you register or submit personal information through the Services, you agree that we may collect, use, store, and disclose that information in the U.S. or any other country outside your country of residence. You understand that data protection laws outside of your jurisdiction may not be as protective as those in your jurisdiction. By providing your information to Conversa, you are consenting to the international transfer and processing of your information for the purposes explained in these Terms, the Privacy Policy, or elsewhere in the Services.

You may use the Services solely for your personal purposes; you understand and agree that any commercial use is strictly prohibited.

Alerts and Notifications

As described in our Privacy Policy, we will contact you about your use of the Services. Please refer to the Privacy Policy for an important message about the security of ordinary email or text messages, which are frequently used as a part of the Services.

By giving Conversa or the Conversa Customer your mobile phone number, you are agreeing to receive text messages and calls from Conversa and our affiliates and business partners that invite you to participate in Conversa chats. These communications may be done by automated dialing equipment. You may receive multiple messages each day. You acknowledge that data and text message rates charged by your wireless carrier may apply and that you will be responsible for any associated costs or fees. You can opt out at any time from receiving future text messages by following the instructions in the text to opt out. This opt out process does not apply to phone calls or emails, which may continue in case we or the Conversa Customer needs to reach you.

Intellectual Property Rights

Conversa and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. Conversa Health, www.conversahealth.com, and our logo are trademarks belonging to us. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Subject to the terms of the agreement between Conversa and the Conversa Customer, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferrable license under any and all intellectual property rights that you own or control to use, copy, modify, or create derivative works based upon and otherwise exploit any information or content you submit through the Services. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights. All intellectual property rights are reserved. Nothing in the license you grant us permits us to make any use or disclosure that is prohibited by our Privacy Policy or applicable law, including the Health Information Portability and Accountability Act (“HIPAA”).

If you believe that your intellectual property has been copied or is accessible via the Services in a manner that constitutes copyright infringement, please contact us at legal@conversahealth.com. The requirements for what you must include in your notice are in the Digital Millenium Copyright Act, 17 U.S.C. § 512.

Prohibited Uses

You agree that you will not use the Services in any way prohibited by law or these Terms. These prohibitions include, but are not limited to, the following:

      You may not damage, overburden, or impair the Services or their availability.

      You may not use the Services in any way that is illegal, fraudulent, or harmful.

      You may not attempt to gain unauthorized access to the Services or other accounts, computers, or networks via the Services.

      You may not use the Services to copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item.

      You may not copy, modify, distribute, sell, or lease any part of the Services or their content or software, nor may you reverse engineer or attempt to extract the source code of that software.

      You may not conduct any systematic or automated data collection activities without our specific, written pre-authorization (including, without limitation, any data mining, scraping, extraction, or harvesting.)

      You may not use the Services to send spam, surveys, or any commercial communications that are not an authorized part of Digital Checkups.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by the Conversa Customer).

Termination

We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the Conversa Customer or upon the request of the Conversa Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled “No Medical Advice,” “Information You Provide,” “Feedback,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” Limitation of Liability,” “General,” and any provisions that, by their nature, should survive termination.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.

You assume total responsibility and risk for your use of the Services and communications made via the Services, including by internet and text message. You understand and agree that any uploads or transmissions through the Services could be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours. You also agree that Conversa will have no liability whatsoever for any unavailability of the Services or loss or inadvertent unauthorized use or disclosure of data or misdelivery or nondelivery of communications caused by system outages or any third party acts or any other outages involving the Services, internet providers, the internet infrastructure, or any third parties.

Limitation of Liability

NEITHER CONVERSA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONVERSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

IN NO EVENT WILL CONVERSA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY CONSEQUENCES, LOSSES, DAMAGES, CLAIMS, OR EXPENSES ARISING FROM THE USE OR NON-USE OF THE SERVICES EXCEED FIFTY DOLLARS ($50).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CONVERSA CUSTOMER AND YOU AND BETWEEN CONVERSA AND YOU.

Indemnification for Consequences of User Violations

If you violate these Terms, or we reasonably suspect you have violated these Terms, we may block or suspend your use of the Services, bring legal action against you, and/or report you to law enforcement authorities. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different account.)

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CONVERSA AND THE CONVERSA CUSTOMER HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, COSTS, LIABILITIES, LOSSES AND DAMAGES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR MISUSE OR ABUSE OF THE SERVICES OR YOUR BREACH OF THESE TERMS. You will cooperate as reasonably required in Conversa’s defense of any claim. Conversa reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you may not settle any matter without the written consent of Conversa.

Governing Law and Jurisdiction

Except for matters of United States federal law governing intellectual property, these Terms and any action related to the Terms or the Services will be governed by the laws of the State of Oregon without regard to conflict of laws provisions. If applicable, you consent to personal jurisdiction in Oregon courts and venue in Multnomah County, Oregon.

Time Limitation

You agree that, regardless of any law, any claim you may have against us must be brought within one year after the claim arises or is known or reasonably should have been known to you, or the claim will be forever barred.

Agreement to Arbitrate

If you have a complaint, question, claim, or dispute (collectively, “Dispute”) regarding the Services, you are encouraged to bring it to our attention directly. Please email us at legal@conversahealth.com, and we will address your concerns.

If we are unable to resolve a Dispute ourselves, any Dispute relating in any way to the Terms or Services must be submitted to binding arbitration in Multnomah County, Oregon, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration shall be conducted in accordance with these Terms and the prevailing rules and procedures of the American Arbitration Association. Each party shall be responsible for its own costs and fees, and the joint costs of arbitration shall be shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Site, and no class action proceedings will be permitted.

By agreeing to arbitration in these Terms, you understand and agree that you are giving up (i) any right to pursue claims or have Disputes resolved in a court of law, (ii) any right to compulsory discovery, and (iii) any right to the appeal of any adverse arbitration decision.

General

These Terms, including our Privacy Policy incorporated herein, constitute the entire and exclusive understanding and agreement between Conversa and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Conversa and you regarding the Services. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Conversa’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Conversa may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Headings in these Terms are solely for convenience.

The Services may use cookies to store information on your computer or device. By visiting the website or using the Services, you consent to the placement of these cookies.

Any notices or other communications provided by Conversa under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by email or text, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Conversa’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Conversa. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Conversa at legal@conversahealth.com.

We welcome feedback, comments, complaints and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at feedback@conversahealth.com.

Prior Versions

Prior versions of these Terms are available here

Effective Date

The effective date of these Terms is May 15, 2020.