A. b.well Account. You’ll need a b.well account to access many of the Services.
i) Creating an Account. You can create a b.well account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your b.well account.
ii) Account Credentials. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your b.well account.
iii) Identity Authentication. For your protection, you must provide b.well with current, complete, and accurate information about yourself as prompted by our registration processes. You must also regularly update this information to maintain its completeness and accuracy.
iv) Employees and Dependents. If you are an employee or dependent that receives health benefits from a plan that your Enterprise Sponsor administers, your b.well account may be pre-populated with Health Data from a third party plan administrator. Among other things, the role of a third party plan administrator is to maintain technical, physical and administrative measures to safeguard that your Health Data is not disclosed or used by the Enterprise Sponsor in medical underwriting, employment-related decisions or other actions regulated by applicable employment laws and regulations (“restricted purposes”). If you consent to the sharing of your Health Data with the Enterprise Sponsor, b.well does not knowingly perform services or help your Enterprise Sponsor use your PHI for restricted purposes. We also implement reasonable technical, physician, and administrative measures to safeguard against access and use of your Health Data for these restricted purposes.
v) Kids and Accounts. By creating a b.well account or using the Services, you accept and agree to be bound by these Terms, and represent that you have either reached the age of “majority” where you live or your parent or legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help. If you are the parent or legal guardian of a minor, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the b.well account or Services, whether the minor’s account is now open or created later.
vi) Personal Representatives, Legal Guardians and “Proxy” Account Access. b.well may allow users that are recognized as another user’s “personal representative’ or “legal guardian” under applicable state law to create and manage the other user’s account. This form of account access is known as “proxy” account access. A user with proxy account access can view and edit account settings, including data sharing permissions. By way of example, proxy account privileges may be granted to the parents of children under the age of majority in the state where they live, or to the holder of a medical power of attorney for another user. Proxy account privileges may not be an available option for all b.well users, and are subject to the data practices of the Enterprise Sponsor for your account. b.well reserves the right to deny or suspend “proxy” privileges at any time in its sole discretion.
vii) Health Circle. b.well gives you the ability to share Health Data with other b.well accountholders that you identify in your circle of support (your “Health Circle”). b.well also allows other b.well users to bring you into their Health Circle. You should only add b.well users that you trust to your Health Circle. b.well lets you decide which pieces of Health Data to share with individual members of your Health Circle. In making this selection, be mindful that some of your Health Data can contain genetic or family history information that concerns other individuals. You should always take care to protect the privacy of individuals whose Health Data you can access and share. You accept all responsibility for the actions you take when sharing Health Data through the Health Circle feature of the application. Conversely, you accept full responsibility for the subsequent use and redisclosure of your Health Data by other b.well users after you’ve added them to your Health Circle. You can remove other b.well users from your Health Circle at any time, but we disclaim responsibility for re-use or re-disclosure of Health Data that they accessed while they are in your Health Circle.
viii) Medical Record Connections. As part of the Service, we streamline access to your Health Data from your Enterprise Sponsor. We can also help you establish recurring medical record connections that help you build a complete personal health record in your b.well account, consistent with your HIPAA right of access to your medical record information. Through the Medical Records Connection feature of the b.well application, you can request access to your health data from (A) your other health care providers or health plans, and (B) third-party sites, including BlueButton API 2.0 from the U.S. Centers for Medicare and Medicaid Services and the VA Lighthouse API from the U.S. Department of Veterans Affairs (collectively, “data holders”). When requesting access, you represent and warrant that you have the necessary rights, title and interest in and to the account credentials requested to establish the medical records connection and to access the Health Data received from data holders. You acknowledge there may be delays in record request processing from health providers and health plans. Despite our reasonable efforts, we may not be able to obtain some or all of your Health Data and we do not guarantee or assume any responsibility or liability for the completeness, timeliness, accuracy, deletion or non-delivery of any Health Data. We are not responsible for the way in which this Health Data is displayed in your b.well account, as this may be impacted by the nature and form of the Health Data that we receive from data holders. Health Data that comes from data holders accessed through your HIPAA “right of access” will be “read only” and cannot be altered. If you believe any Health Data coming from the records of data holders is inaccurate, it is your responsibility to address this issue with the relevant health care provider(s) or health plan(s). Disclaimers. b.well’s data connections using Blue Button 2.0 APIs or the VA Lighthouse API are not endorsed or certified by the Centers for Medicare & Medicaid Services, the U.S. Department of Health and Human Services or the U.S. Department of Veterans Affairs, as applicable.
ix) Account Use. You agree to use b.well to access only those accounts on which you are authorized to act. If you become aware of any suspicious or unauthorized conduct concerning your b.well account, user name, login, password, or security questions and answers, you agree to contact b.well support through the application. If we reasonably suspect that your b.well account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access to some or all of your Personal Data. If you are having trouble accessing your b.well account, please contact us through the b.well application under Support.
B. Devices, Internet Access and Data Plans. To access our Services, you will need access to the internet, an Apple iOS-compatible or Google Android-compatible mobile device (tablet or smartphone) and a b.well account. 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, including internet or cellular service providers or consumer app developers that operate websites or applications that link to our Services. You agree that the phone number you provide for receiving text messages is registered in your name. You agree that b.well is 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 you share with others. b.well will not be liable for any loss or damage arising from your failure to comply with this paragraph.
C. Service Notifications. When there’s something we need to tell you about the Services, we’ll send you Service notifications to the email address we have for you. If you indicate your preference to receive notifications by SMS text message and through in-product messages, we may also send Service notifications to you via SMS (text message) or through the application. Data or messaging rates may apply when receiving notifications via SMS.
D. Service Availability. The services, data and features offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and b.well is not liable for any disruption or loss you may suffer as a result. In the event of an outage, we maintain system backups to protect your Health Data, but you may experience delays in your ability to access your Health Data.
E. Support. User support is available through our Knowledge Center, which can be accessed through the b.well application. You can also email us, schedule a call or conduct a live chat through the application. Otherwise, you can call us toll-free at (855) 972-9355, or email us at email@example.com.