Terms of Use and Consent for Patients and Caregivers

Last Updated: January 19, 2024

Get Well

Terms of Use for System Products

IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL CARE, YOU SHOULD IMMEDIATELY CALL 911.

Do not rely on electronic communications through any Get Well product to obtain immediate, urgent medical care.

Get Well System Products

GetWellNetwork, Inc. (“GetWell”) provides interactive electronic tools to connect patients and/or members with health care professionals to assist in the coordination, management and delivery of health care services. The tools are designed to facilitate the exchange of information useful for effective medical care, and to simplify communications and record keeping in a complex healthcare system. Health care professionals may elect to monitor patient responses where appropriate.

Consent to Use

By accepting these Terms of Service, you (the “User”) hereby consent to use the GetWell products subject to these Terms of Service, as may be updated from time to time in GetWell’s sole discretion, and authorize the transmission of your Protected Health Information and/or personal information (collectively, “Information”) in accordance with law.

If you do not consent, you are not authorized to use any GetWell product.

You may discontinue using any GetWell product at any time, for any reason.

If you are a patient, your consent is given on your own behalf and on behalf of any friends, family, or other caregivers you authorize to use the GetWell products in your name.

Children and minors under age 18 are not authorized to use any GetWell product unless and until a parent or guardian provides consent on their behalf.

By accepting these Terms of Service, User also acknowledges and consents to GetWell’s Privacy Policy.

Restrictions

User may not use a GetWell product for any unlawful or malicious purposes, or for commercial purposes.

User represents and warrants that they 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 they are not listed on any U.S. Government list of prohibited or restricted parties. GetWell reserves the right to immediately restrict, suspend, or terminate your account or access for any conduct that GetWell

believes in its sole discretion violates these Terms of Service.

Disclosures

GetWellNetwork, Inc., its directors, officers, principals, employees, contractors and agents do not practice medicine or recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information or content that may be contained in, linked to, or communicated through any GetWell product.

  • Never disregard your physician’s advice based on information you obtain through GetWell products.
  • User assumes the sole risk of using the GetWell products.

Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, THE GETWELL PRODUCT, INCLUDING ANY
COMMUNICATIONS OR OTHER INFORMATION ACCESSIBLE THROUGH IT, IS MADE AVAILABLE TO PATIENT ‘AS

IS’ AND ‘AS AVAILABLE’ AND WITHOUT OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE FROM GETWELLNETWORK, INC. WITHOUT LIMITING THE FOREGOING, GETWELLNETWORK, INC., ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

  • THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AND LINKS,
    COMMUNICATIONS OR INFORMATION PROVIDED ON OR THROUGH THE USE OF THE GETWELL
    PRODUCTS.
  • ANY MEDICAL OR OTHER TREATMENT, ACTION, PROTOCOL, OR CARE PLAN; ANY MEDICINE OR
    MEDICAL DEVICE; ANY SUPPLEMENT OR OTHER SUBSTANCE, WHETHER INGESTED OR OTHERWISE USED OR APPLIED; OR ANY TREATMENT DISCUSSED OR REFERRED TO IN THE GETWELL PRODUCT.

Limitation of Liability

IN NO EVENT SHALL GETWELLNETWORK, INC., ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES,
CONTRACTORS OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES) RESULTING FROM THE USE OF COMMUNICATIONS OR INFORMATION RECEIVED OR AVAILABLE FROM THE GETWELL PRODUCTS, ANY LINKED INFORMATION OR THE CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GETWELLNETWORK, INC., AND ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy and Security

To the extent User utilizes a GetWell product through their health care provider or plan, GetWell is a Business Associate of that health care provider or plan, and shall comply with all applicable laws and regulations governing the privacy and security of Protected Health Information (PHI), including, without limitation, the Omnibus Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, and the regulations promulgated thereto, as well as applicable state laws. To the extent User is not a patient or member of a Covered Entity client of GetWell, GetWell will comply with all applicable laws and regulations governing the privacy and security of your personal information. Any questions or concerns regarding the privacy or security of Information on the GetWell products can be directed to the GetWell Privacy Officer at privacy@getwellnetwork.com.

Apple App Store Required Terms


To the extent User accesses a GetWell product application via the Apple App Store, User further acknowledges and agrees to the
following:

  1. Acknowledgement: These Terms of Service are concluded between User and GetWell only, and not with Apple. GetWell is solely responsible for the GetWell product app.
  2. Scope of License: User is granted a non-transferable license to use the GetWell product on any Apple-branded Products that User owns or controls and as permitted by the Apple Media Services Terms and Conditions, except that such GetWell product may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
  3. Maintenance and Support: GetWell solely responsible for providing any maintenance and support services with respect to the GetWell product, as specified herein or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GetWell product.
  4. Warranty: In the event of any failure of the GetWell product to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the GetWell product to that User. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the GetWell product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of GetWell.
  5. Product Claims: GetWell, not Apple, is responsible for addressing any claims of User or any third party relating to the GetWell product application or the User’s possession and/or use of that GetWell product application, including, but not limited to: (i) product liability claims; (ii) any claim that the GetWell product application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the GetWell product application’s use of the HealthKit and HomeKit frameworks.
  6. Intellectual Property Rights: In the event of any third party claim that the GetWell product application or User’s possession and use of that GetWell product application infringes that third party’s intellectual property rights, GetWell, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Contact: User may direct questions, complaints or claims with respect to the applicable GetWell product application to:
    GetWellNetwork, Inc.
    7700 Old Georgetown Rd., 4th Floor
    Bethesda, MD 20814
    Tel: 240.482.3200
    Email: info@getwellnetwork.com
  8. Third Party Terms of Agreement: User must comply with applicable third party terms of agreement when using the GetWell product application, e.g., if the GetWell product application has a VoIP application, then User must not be in violation of their wireless data service agreement when using the applicable GetWell product application.
  9. Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and upon User’s acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against the User as a third party beneficiary thereof.

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