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Terms of Service

The 1bios website, web apps, mobile apps and other information services (the “Service” or “Services”) are made available to you by 1bios, Inc. (“1bios”) subject to these terms and conditions, including those set forth in the 1bios Privacy Policy contained herein (the “Terms”). By accessing the Services, you agree to follow and be bound by the Terms. We may make changes to our Services, these Terms of Service, and our Privacy Policy at any time. We encourage you to review our site and apps regularly for any such changes. Your continued use of our Services will constitute your acceptance of such changes.

Eligibility and Registration

You may be eligible to use our Services if you, your care provider, health plan, employer (or the employer of the person through whom you receive your health care coverage) or other similar type of organization has purchased our Services and instructed us to provide you with our Services. We collectively refer to all these types of organizations as Your Health Partner.

You need to register with us before using our Services. As part of that registration process, you provide us with certain information about yourself and choose a password. You agree that all the information you provide us in registering and using our Services is accurate and complete, including your election to receive or not receive any e-mail, text or other digital notification as part of the Services, that you will maintain and promptly update your information, and that we can store and use your information in order to provide you with our Services.

You are entirely responsible for maintaining the confidentiality of your password. You agree to immediately notify us of any suspected unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or for any inaccuracies or omissions in your information.

Permitted Use Of Our Service

You agree to access and use our Service in accordance with these Terms of Service and only for your personal, non-commercial use, and not to transfer your access rights to anyone else. Your license to use our Service is conditioned on your agreement with these Terms of Service.

Restrictions On Use Of Our Service

You agree that all of your activities on our Service will be appropriate and related to your use of our Service. By way of example, you agree that you will not: (a) post, transmit or submit any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, false, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material or information, any spam, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate applicable law or the rights of others; (b) attempt to access the accounts of any other user of our Service; (c) translate, modify or create derivative works of our Service; (d) upload, download, recreate, display, perform, post, reproduce or copy our Service, except as permitted by these Terms of Service; (e) disclose, publish, distribute, sell, assign, lease, sublicense, market or transfer our Service; (f) attempt to derive the source code, source files or structure of the software contained in our Service by reverse engineering, disassembly, decompilation or any other means; (g) use our Service to create a service bureau or for any other use involving processing of data for other persons or entities; (h) use our Service except in accordance with all applicable law; (f) Introduce into our Service any “malware,” such as, but not limited to, viruses, worms and Trojan Horses; (g) Use deep-links, page scrapes, web crawlers, web robots, spiders, wanderers, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with our Services, or use other automated processes to access or use our Service; (h) Use our Service in any manner that could damage, disable, undermine, overburden, or impair our Service or the servers on which it runs or interfere with any other party’s use of our Service; (i) obtain or attempt to obtain any content through any means not intentionally made available or provided for through our Service; or (j) Use any of the logos, trademarks, service marks, or other indicators of origin appearing on our Service.

Copyrights, Trademarks And Other Proprietary Rights

We, and our licensors, retain all ownership rights in our Service. You do not receive any ownership rights or license rights by accessing or using our Service. The entire content of our Service including the text, design, software, photography, video, graphics, music, sound and information, and the selection, coordination, arrangement, and enhancement of all of them, is protected under the copyright laws of the United States, international treaties and other intellectual property laws.

Links

The Services may provide, or third parties may provide, links to other resources. Because 1bios has no control over such resources, you acknowledge and agree that 1bios is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such resources.

Monitoring

We may electronically monitor our Service and may disclose any information, records or electronic communication of any kind pursuant to the terms of our Privacy Policy.

Risk Assumptions

You knowingly and freely assume all risk when using the services. You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify 1bios and its officers, directors, employees, agents, affiliates, representatives, sub licensees, successors, partners and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, emotional distress, loss of benefits or other damages or harm, whether to you or to third parties, which may result from your use of the services.

Disclaimer of Warranties and Liability

The information, software, products, services and content available on the Service is provided to you “as is” and without warranty. 1bios and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors hereby disclaim all warranties with regard to such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, suitability for a particular purpose, title and non-infringement. 1bios and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the services will be corrected.

You expressly agree that 1bios is not providing medical advice via the Service, even though you may be connected to health and medical information professionals via the Service. The Service is not intended to be and should not be used in place of the advice of your physician or other medical professionals. Your use of the Services does not create a doctor-patient relationship between you and 1bios. You expressly agree that your day to day behaviors, which generate the content you may post or seek to post on the services, carry certain inherent risks, and that you voluntarily assume all known and unknown risks associated with these behaviors.

You expressly agree to release 1bios, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “released parties”) from any and all liability connected with your behaviors.

Exclusive Remedy

If you are dissatisfied with our Service (including these Terms of Service), your only remedy is to discontinue using our Service.

Limitations On Liability

Notwithstanding anything else in these terms of service or otherwise, to the maximum extent permitted by applicable law, we and our licensors will not be liable to you or to any third party for any lost or corrupted data or content, special, indirect, incidental, exemplary or consequential damages of any kind arising out of use of our service or any subject matter of these terms of service, even if we have been advised of or could have foreseen the possibility of such damages.

Indemnification

You agree to indemnify and hold 1bios and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services your connection to the Services, your violation of the Terms, or your violation of any rights of another person or entity.

Termination

Subject to applicable law, we reserve the right at any time, without prior notice and in our sole discretion, to suspend or terminate your account or deny you access to all or any portion of our Service or to any benefit or incentive offered as part of our Service if (i) you fail to comply with these Terms of Service, (ii) you provide information that is deceptive or misleading, (iii) you cease to be eligible for the Service as determined by Your Health Partner, or (iv) Your Health Partner ceases to purchase services from us. You agree that, on termination of your account, we may immediately deactivate or delete your account and all related information, bar your further access to such information and our Service, and disable your password. Provisions of these Terms of Service that by their terms or context impose continuing obligations will survive the expiration or termination of this Agreement for any reason.

Applicable Laws

The Services are controlled by 1bios from its offices within the United States of America. 1bios makes no representation that the Services are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. The laws of the State of California, U.S., will govern the Terms, without reference to its conflicts of law principles. You acknowledge that any breach of the Restrictions on Use of Our Service or the Permitted Use of Our Service cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause us irreparable injury and damage, and we shall be entitled, in addition to any other remedies we may have, to appropriate equitable relief.

General

If any provision of the Terms is held to be unenforceable, the remaining provisions will remain in full force. A waiver of a breach of any provision shall not be a waiver of the provision itself. These Terms are the entire and exclusive agreement between you and us with respect to your access to and use of our Services, and we may modify them at any time. Any rights not expressly granted herein are reserved.

Contact Us

If you have any questions regarding these Terms, please contact us by email at hello@1bios.co

 

Privacy Policy

This is 1bios, Inc.’s Privacy Policy. It applies to anyone who uses our Services. Please read this Privacy Policy, which among other things, describes how 1bios, Inc. (“1bios”, “we”, “our” or “us”) collects, uses, protects and under what circumstances discloses your information.

Why Do We Collect Information About You?

We collect information about you in order to determine your eligibility for our Services, to provide you with our Services and for us to tailor our Services for you. Information may include personal information like your name and gender, and information related to your ongoing health habits (nutrition, physical activity, sleep, etc.) and specific values that may be related to your health (height/weight, blood pressure, heart rate, etc.). We use the information collected from you to tailor our products to your specific needs, preferences and objectives.

What Services Do We Provide?

We provide eligible users with information and tools designed to help you achieve and maintain your best health. Our Services are delivered via internet-connected computers, smartphones and tablet computing devices. Your Health Partner determines the specific list of features available to you, and not all features are available to all eligible users. Some specific examples of features that may be included in your program: (a) ability to import, self-report and track health related habits, behaviors and measurements (b) ability to connect activity tracking wearables and applications, smartphones, remote medical and other measurement devices (c) ability to connect with, engage and share information with others if you choose to do so, this may include health professionals, family, or others (d) ability to get metrics, notifications, suggestions, and feedback based on the information you’ve provided and your connections with others (if any) (e) ability to set goals, reminders and create challenges.

Where Do We Get Information About You?

We collect information about you from several sources. (a) You: Information you enter into the Services directly, or via a connection with a third party device, application or source that you authorize. (b) Your Health Partner: If your eligibility for the Services is via Your Health Partner, they may provide personal information that may include your name, email address, other unique identifiers, and whether you are related to other program participants (i.e. spouse). Depending on the services Your Health Partner has selected, we may collect medical- or pharmacy-related claims information from your insurer(s) at the direction of Your Health Partner. If Your Health Partner is also your health care provider we may obtain other Personal Health Information with your prior approval. (c) Cookies: When you use the Services, a cookie may be stored on your access device. Generally, cookies work by assigning to your access device a unique number that has no meaning outside of 1bios. 1bios’s cookies do not contain any personally identifying information; 1bios uses them to provide features such as personalization. Additionally, after you’ve entered your user ID and password during a session, 1bios saves that information so you don’t have to re-enter it repeatedly during that session. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of the Service unavailable to you. 1bios may use your IP address to identify you, to administer the Services and to assist in diagnosing problems with 1bios servers and infrastructure.

Do We Share Information We Have About You?

Yes. We will disclose information we have about you in order to provide you with our Services. We will share your personal information with third parties only in the ways that are described in this privacy policy. Disclosures will only be made to entities that are legally entitled to the data and are contractually committed to protect the data in accordance with all regulatory and contractual requirements. (a) Your Access To Your Personal Information: Your personal information and information about your participation in our Services is available to you through a secure, password-protected website. (b) Disclosure To Our Business Partners: We enter into agreements with our trusted business partners to assist us in providing you with the Services. These business partners are authorized to use your personal information only as necessary to provide these services to us. We require these business partners to protect your Personal Information (including your Personal Health Information) and to comply with the HIPAA Privacy & Security Rules along with other applicable laws or regulations. (c) Disclosure To Your Health Partner: We may share Personal Health Information related to Your Health Partner. Unless Your Health Partner is permitted to obtain Personal Health Information under United States law, we will de-identify such Personal Health Information before providing it. De-identified information is data that has been separated from information that would tie it to a particular individual. If we provide Your Health Partner access to your information, we provide only the minimum information necessary to satisfy the original need for the data. (d) Disclosure To Employer: We will not share your individually identifiable Personal Health Information with your employer for employment-related purposes even if they are Your Health Partner. Unless an employer has a legal right to obtain your Personal Health Information, we will de-identify such Personal Health Information before providing it to your employer. (e) Disclosure For Marketing Purposes: We do not permit advertising. We do not sell and will not give your individually identifiable information to any other entity for any marketing purpose. (f) Disclosure To Meet Legal Requirements: We will not share Personal Information with a third party without prior authorization, except (i) in compliance with law, regulation or other legal processes (ii) to protect the rights, property or safety of us or others, (iii) in emergency situations, (iv) in the event that we or substantially all of our assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, in which case Personal Information may be one of the transferred assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your Personal Information or (v) for purposes of carrying out Treatment, Payment or Health Care Operations (as defined below). Sharing of information in any of these above cases will only be done when in full compliance with applicable laws, including the HIPAA Privacy Policy. Treatment means the provision, coordination or management of health care and related services, consultation between providers relating to an individual or the referral of an individual to another provider for health care. Payment means activities undertaken to obtain or provide reimbursement for health care, including determinations of eligibility of coverage, billing, collection activities, medical necessity determinations and utilization review. Health Care Operations include functions such as quality assessment and improvement activities, conducting or arranging for medical review, legal services and auditing functions, general business and administrative activities.

Can I Correct Errors With My Personal Data or Deactivate my Account?

Yes. You always have the ability to access and correct any errors with your personal data via the Services. You may also deactivate your account at any time from the “Contact” section of the Services.

Do We Comply With Regulatory Requirements?

Yes. We are in compliance with the HIPAA Privacy, Security and Breach Notification Rules. Whenever we collect or receive Personal Health Information, we do so under agreements with our clients that require us to comply with the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You can learn more about the HIPAA Privacy, Security and Breach Notification Rules at http://www.hhs.gov/ocr/privacy/. We take our obligations under the HIPAA Privacy and Security Rules seriously and we do everything required by the Rules to safeguard your privacy and security.

Data Security

Data security is implemented through physical, administrative and technical safeguards we have put in place and the operational procedures we adhere to in order to protect your information. The framework, implementation recommendations from leading and recognized sources all go into a wide range of security or privacy specific items. The following is a partial list of some key components of our programs: (a) Employee screenings (b) Security & Privacy awareness training for all staff (c) Wide-range of physical security controls (d) Required encryption (e) Logging and monitoring of systems (f) Role Based Access Controls (RBAC) (g) Business Continuity and Disaster Recovery (h) Security incident response. We protect your transactions involving Personal Information over the Internet using Secure Socket Layer (SSL) technology. We restrict access to your Personal Information in our database to our authorized employees, and certain of our authorized partners.

Can this Privacy Policy change?

Yes. If 1bios makes changes to any terms or conditions of this Privacy Policy, such changes will be reflected on the Service and notification of such changes will be posted on the Service and other places 1bios deems appropriate, so that you stay aware of any material changes in what information 1bios collects, how 1bios uses it, and under what circumstances, if any, 1bios discloses it. 1bios reserves the right to modify this Privacy Policy at any time, so please review it frequently. The date of the most recent update will be posted at the beginning and end of this Privacy Policy.

Contact 1bios

1bios welcomes your questions and comments about security and privacy. Please send any questions or comments via email to hello@1bios.co.

The Service is owned, operated, and maintained by:

1bios, Inc.
11025 Pioneer Trail
Truckee, CA 96161
E-mail: hello@1bios.co