Terms of Use Agreement

Welcome to the Wellth App.Switchbridge is making its Wellth mobile device application (the “Wellth App”) available to you under these Terms of Use. Please review the following agreement before using the Wellth App. The agreement addresses the services provided through the Wellth App and privacy, confidentiality, copyright and other issues related to your use of the Wellth App. By using the Wellth App, you agree to these Terms of Use, which may be modified from time to time. You should visit this page from time to time to review the current Terms of Use because by your use of the Wellth App you agree to be bound by the Terms of Use in effect at that time. Your use of the Wellth App following revisions and modifications of the Terms of Use constitutes your agreement to the Terms of Use. If you do not accept each and every of these Terms of Use (including the disclaimers of liability), do not use the Wellth App.

As used in this Terms of Use Agreement, "Switchbridge" means Switchbridge and where appropriate, its affiliated, subsidiary and parent organizations.

Use of Wellth App

The Wellth App is only available to users who are at least 18 years of age. By accessing and using the Wellth App you acknowledge that you are at least 18 years of age.

The Welth App is provided for informational and educational purposes and reliance on and use of the Wellth App is solely at your own risk.

You may choose to use the Wellth App and to create a personal account for the gathering and collection of your health information (including but not limited to claims data, health plan information, medical information from your medical professionals, fitness information, symptoms, device data, etc.) and to use the Wellth App to provide that information to medical professionals, health plans/insurance carriers and emergency first responders. You will also be able to receive notifications from various third parties regarding available wellness programs, health information, and the like. You will be solely responsible for your use of the Wellth App and reliance on the content and information contained in and provided by the Wellth App, as well as for your decisions and/or actions resulting from your use of the Wellth App.

Medical Disclaimer

The Wellth App provides services, information, content and data for educational and informational purposes only. The Wellth App aggregates and contains certain content and information relating to your medical history and your personal health information (among other things) and your reliance on the content and information provided by the Wellth App is at your own risk. The Wellth App is not to be used or intended to be used to diagnose or treat medical conditions or to administer treatment, prescribe medications, or order tests or otherwise provide any medical advice. The interactive tools contained on the Wellth App are provided by Switchbridge to help you collect and share personal and medical data to the extent you deem appropriate and does not create a physician-patient relationship between you and the Wellth App (or between you and Switchbridge).

The Wellth App is not, in any way, intended to be a replacement for the relationship you have with your healthcare provider. Any information provided through the Wellth App is not medical advice and is no substitute for regular consultation with your healthcare provider. If you have any concerns about your health, please contact your healthcare provider's office or another licensed healthcare provider immediately.

Switchbridge and the Wellth App expressly disclaim any and all liability of any kind for your use of the Wellth App. By using the Wellth App, you acknowledge and agree to this disclaimer

Advice Disclaimer

You hereby acknowledge that nothing contained in the Wellth App shall constitute professional advice of any kind or nature and that no professional relationship of any kind is created between you and the Wellth App (or between you and Switchbridge).

By using the Wellth App, you acknowledge and agree to this disclaimer.

Electronic Communications

The Wellth App allows you to communicate electronically with third parties, including healthcare providers, health plans/insurance carriers and emergency first responders, regarding your medical history and care (among other things).

Messages sent to you via the Wellth App may contain information that is important to your health and medical care. It is your responsibility to monitor these messages and take appropriate action in a timely manner. It is also your responsibility to follow up with your healthcare provider if you do not receive a response to an electronic communication.

The Wellth App may not be appropriate for sensitive matters or issues that you wish to discuss with your healthcare provider directly. You agree to use appropriate discretion when using the Wellth App. You also agree to communicate through the Wellth App only for your own medical condition and history. You agree that communication through the Wellth App on behalf of another person could potentially be harmful and is a violation of these Terms of Use.

You understand that your healthcare provider (including emergency first responders) can only respond to the information you have provided. If the information you provide via the Wellth App is incomplete or inaccurate, it may not be possible for your healthcare provider (or emergency first responder) to give you a complete and accurate response and could result in serious harm. You acknowledge that you are solely responsible for the completeness and the accuracy of the information you provide to third parties through the Wellth App. By using the Wellth App, you acknowledge and agree to this disclaimer.

Links to Websites

Any links contained on the Wellth App are provided solely as a convenience to you. Switchbridge does not endorse or make any representation regarding such third-party sites, their information, services or merchandise.

Privacy and Security

We agree to respect your privacy and treat all individually identifiable information that we receive from or about you (your "Personal Information") as confidential. You understand, however, that Switchbridge cannot guarantee the security of the Wellth App. You are solely responsible for selecting a secure password and maintaining the confidentiality of your password, as Switchbridge cannot guarantee that any password you use (whether in the Wellth App and/or to access your mobile device, tablet, or other electronic device, etc.) cannot be determined, stolen, etc., and your personal information cannot become available to third parties. You are solely responsible for ensuring that any electronic device(s) on which you use the Wellth App has protection against viruses, malware, spyware, and other types of computer software or programs that could compromise the security of your electronic device.

Of course, you control access to your account and to the Wellth App and you should safeguard access to the data you elect to store on the Wellth App (including the information required to access such data). For example, if you share your mobile device, tablet, etc. with anyone (or anyone gains access to your mobile device, tablet, etc.) that person may be able to access or view the data you have stored on the Wellth App. Therefore, you need to be mindful of others (whether family members or unintended persons) who may be able to access or view the data you have stored on the Wellth App should you share your mobile device, tablet, computer, etc. with anyone or should anyone gain access to your mobile device, tablet, etc.

Again, you are solely responsible for maintaining the confidentiality of your access information and for controlling access to your personal account, mobile device, tablet, etc. You are solely responsible for any uploading, sharing, e-mailing or otherwise making available any information contained in the Wellth App to a third party. You agree to accept responsibility for all activities that occur within the Wellth App and by your use of the Wellth App. Switchbridge reserves the right to terminate your account and/or your use of the Wellth App at any time and without any prior notice to you.

Personal Information you provide to the Wellth App shall be subject to the website’s Privacy Policy. See the Privacy Policies for the Wellth App here: www.switchbridge.com/privacy-policy.

Copyright and Trademark Notice; Intellectual Property

Switchbridge owns the Wellth App. Switchbridge owns or licenses the services and products available on this Wellth App, and other content presented in this Wellth App, including all of the related software and technology, and all intellectual property rights associated with the Wellth App. This is a personal, non-transferable, non-sub licensable, non-exclusive license strictly limited to the use of the Wellth App. You may not modify, reverse engineer, sell, assign, or transfer any portion of the Wellth App and you may not use the Wellth App or the materials or services available on the Wellth App in a manner that constitutes an infringement of Switchbridge’s rights.

The Wellth App and related content of and all materials distributed in conjunction with the Wellth App are copyrighted by and the intellectual property of Switchbridge and/or one or more service providers for Switchbridge. All uses of the Wellth App not expressly allowed by these Terms of Use are prohibited.

Limitation of Liability and Warranty

USE OF THE WELLTH APP IS ENTIRELY AT YOUR OWN RISK.

NEITHER SWITCHBRIDGE NOR ANY OF ITS AGENTS, DIRECTORS, EMPLOYEES, OWNERS, BUSINESS AFFILIATES, BUSINESS ASSOCIATES, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, SUCCESSORS AND ASSIGNS IS RESPONSIBLE FOR THE CONSEQUENCES OF YOUR RELIANCE ON ANY INFORMATION FOUND ON, STORED ON OR SUBMITTED TO OR FROM THE WELLTH APP, AND THE RISK OF INJURY FROM SUCH RELIANCE RESTS ENTIRELY WITH YOU. THE WELLTH APP IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS WELLTH APP, ANY SITE TO WHICH THIS WELLTH APP PROVIDES ACCESS, INCLUDING THIRD PARTY SITES OR ANY OF THEIR RESPECTIVE CONTENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWITCHBRIDGE (OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, BUSINESS AFFILIATES, BUSINESS ASSOCIATES, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, SUCCESSORS AND ASSIGNS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WELLTH APP (OR THE INFORMATION CONTAINED ON OR STORED ON THE WELLTH APP), WITH THE DELAY OR INABILITY TO USE WELLTH APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT OBTAINED THROUGH THE WELLTH APP, OR OTHERWISE ARISING OUT OF THE USE OF THE WELLTH APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWITCHBRIDGE OR ANY OF ITS SUPPLIERS OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WELLTH APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WELLTH APP. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO YOUR USE OF THE WELLTH APP AND ALL CONTENT AND INFORMATION CONTAINED IN THE WELLTH APP.

No Claim to Accuracy or Completeness

While Switchbridge has made every attempt to assure that information and other content of the Wellth App is accurate and complete as of the date of publication, no warranty or representation, express or implied, is made as to the accuracy, reliability, completeness, relevance, or timeliness of such informational content. Switchbridge cannot guarantee that use of the Wellth App will be free of interruption, as power outages, mobile service availability or other circumstances may lead to inaccessibility of the Wellth App,

Appropriate Use

Any unauthorized use of the Wellth App may result in criminal or civil prosecution. Unauthorized use includes, but is not limited to, the use of inappropriate or abusive language.

Indemnification

Switchbridge shall not be liable for any damages suffered by you or any third parties related to your use of the Wellth App, whether directly or indirectly. By using, reviewing, or accessing the Wellth App, you agree, at your own expense, to hold Switchbridge (and its agents, officers, directors, employees, proprietors, business affiliates, business associates, partners, representatives, shareholders, servants, attorneys, successors and assigns, as well as any authors, service providers and contributors of content on the Wellth App) harmless and to indemnify it against any liabilities, damages (including attorneys' fees and costs), causes of action, or other claims arising out of, or in any way connected with, your use of the Wellth App.

Severability, Survival and Waiver

The provisions of this Terms of Use Agreement are severable, and if any part of it is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. This Terms of Use Agreement shall survive the termination of any arrangements described in it.

Switchbridge’s or the Wellth App’s failure to exercise or enforce any right or provision of this Terms of Use Agreement shall not constitute or be deemed to be a waiver of such right or provision.

Governing Law; Time Limit for Claims

These Terms of Use Agreement is governed by the laws of the state of Maryland. Any cause of action or claim you may have with respect to the Wellth App must be commenced no later than one year after the claim or cause of action arises.