Terms of Use
By accessing or using any resource of b.well Connected Health, Inc. (“we”, “us” or “our”) that links to these terms and conditions of access (“Terms”), you must agree to these Terms.
BY REQUESTING AND RECEIVING DOCUMENTATION FOR AN SDK (“SDK”) TO INTEGRATE WITH B.WELL’S FHIR SERVER AND ASSOCIATED RESOURCES (“B.WELL RESOURCES”), YOU AGREE TO BE BOUND BY THESE TERMS. YOUR EXPLICITLY AGREE NOT TO REPRODUCE, DISTRIBUTE, OR TRANSMITT THE SDK OR ANY DOCUMENTATION ABOUT B.WELL RESOURCES (“DOCUMENTATION”) IN ANY FORM OR BY ANY MEANS, INCLUDING PHOTOCOPYING, RECORDING, OR OTHER ELECTRONIC OR MECHANICAL METHODS, WITHOUT B.WELL’S PRIOR WRITTEN PERMISSION, EXCEPT IN THE CASE OF BRIEF QUOTATIONS EMBODIED IN CRITICAL INTERNAL TECHNICAL REVIEWS AND CERTAIN OTHER NONCOMMERCIAL USES PERMITTED BY COPYRIGHT LAW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT REQUEST, USE OR SHARE THE SDK DOCUMENTATION, AND IMMEDIATELY AND SECURELY DISPOSE THE SDK DOCUMENTATION.
IF YOU WISH TO ACCESS AND USE THE SDK AND OTHER B.WELL RESOURCES, YOU MUST ENTER INTO A SEPARATE LICENSING ARRANGEMENT WITH B.WELL.
THESE TERMS ARE INTENDED FOR DEVELOPERS AND NOT FOR INDIVIDUAL CONSUMERS. FOR THE TERMS OF SERVICE AND OTHER LEGAL CONDITIONS APPLICABLE TO CONSUMER END USERS, PLEASE GO TO https://www.icanbwell.com/legal/terms-of-service/.
IF YOU ARE A NATURAL PERSON AND LIST THE NAME OF A LEGAL ENTITY WITH YOUR REGISTRATION TO ACCESS THE SDK OR OTHER B.WELL RESOURCES, YOU UNDERSTAND THAT YOU ARE AGREEING TO THESE TERMS ON BEHALF OF THAT LEGAL ENTITY. YOU ALSO REPRESENT THAT YOU ARE LEGALLY AUTHORIZED TO CONTRACTUALLY OBLIGATE THAT LEGAL ENTITY TO THESE TERMS. IF YOU MISREPRESENT YOUR AUTHORITY TO CONTRACTUALLY OBLIGATE THAT LEGAL ENTITY TO THESE TERMS, THESE TERMS MAY BE IMMEDIATELY TERMINATED BY B.WELL AND, IF APPLICABLE, YOUR ACCESS TO B.WELL RESOURCES MAY BE IMMEDIATELY SUSPENDED OR REVOKED BY US. FAILURE BY B.WELL TO ACT IMMEDIATELY WILL NOT BE DEEMED A WAIVER OF ANY B.WELL RIGHTS.
We reserve the right to modify these Terms at any time, or suspend any service that links to these Terms, including the SDK or other b.well Resources (collectively, the “Services”). If we modify these Terms, we will notify you through your account and by email to the address you have provided us in your account. These notifications will include a link to the updated Terms.
We collect legally binding consents and other agreements using electronic signatures that are binding per 15 U.S.C § 7001- 7006 (the federal E-SIGN Act). You agree that these electronic signatures, represented by the unique identifiers and passwords associated with your account, will bear the same legal authority as your written signature and will be binding per 15 U.S.C § 7001- 7006.
To receive access to the SDK Documentation, you will be asked to provide certain information (including identification and contact details) as part of the registration process. You represent and warrant that any registration or identity verification information given to us is accurate, complete, and up-to-date. You must inform us promptly of any updates.
You will require an account provisioned by b.well to access and use the SDK. Account login credentials (“Credentials”) issued by us to you, or your agents or employees are intended to be used only by you personally on behalf of the legal entity associated with your registration. These Credentials are not intended for use by multiple individuals. You are responsible for maintaining the confidentiality of these Credentials, and agree not to provide them to any third party. Should more than one individual from a legal entity require access to Credentials, a FHIR Authorization Form must be completed by an administrator of that legal entity’s Credentials. As the holder of Credentials, you are responsible for all statements made and acts or omissions that occur while your Credentials are being used. You are responsible for any breach of security caused by your failure to maintain the confidentiality of your Credentials. You agree to notify us immediately in the event of loss or theft of your Credentials, or if you believe the confidentiality of your Credentials has been compromised in any way.
We reserve the right to suspend or revoke Credentials and/or access to Services at any time without prior notice for failure to comply with these Terms, or where we reasonably determine that your continued access would present an unacceptable level of risk to the security of our systems.
To access Services, you will need access to the internet, a device that connects with the internet and Credentials. You understand that you must, at your own expense, provide all internet, telephone and other equipment and services necessary to access and use our services. We are not responsible for the fees that you incur from unrelated third parties. You agree that the phone number you provide for receiving text messages is registered in your name. You agree that we are not responsible for the security of transmissions of text messages to mobile phones or other devices that do not support password protection or encryption, or which are shared with others.
The rights granted to you by us under these Terms are further conditioned upon your compliance with the following additional terms and conditions.
You will not:
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Reverse engineer, decompile, or disassemble the SDK;
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Sell, rent, lease, sublicense, redistribute, or syndicate access to your account;
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Use your account to access tools, services or documentation in violation of any law or regulation;
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Access tools, services or documentation in any manner that –
(i) compromises, breaks or circumvents any of our technical processes or security measures,
(ii) poses a security or privacy vulnerability to customers or users of our Services, or
(iii) tests the vulnerability of our systems or networks;
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Attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how from us;
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Permit the international transfer of b.well proprietary information;
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Delete or in any manner alter the trade names, trademarks, service marks, logos, domain names, and other branding on b.well documentation or other b.well Resources.
Further, you must promptly notify our technical support team via email of any known or suspected security or privacy vulnerability or incident.
We grant you the right to access and use the SDK and any Credentials, subject to your ongoing compliance with these Terms. No other intellectual property rights are assigned, transferred or conveyed by either party hereunder.
The Services are provided or made available “As Is”, “As Available”, and with all faults. Information obtained by you will not create any warranties. You assume all risks associated with your access and use of the Services.
You hereby agree to indemnify, defend, and hold us harmless from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to or arising out of your violation of these Terms.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease your use of your account and Credentials. If you breach any provision of these Terms, then you may no longer use your account. If these Terms are terminated for any reason, then these Terms will continue to apply and be binding upon you in respect of your prior use of your account.
Upon termination of this Agreement, all the terms which by their terms or implication ought to survive, will survive.
Updated 4 months ago