Welcome to Reclaim Health. All users of this application, as well as all related products and services (collectively, the "App"), are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the App. By accessing or using the App, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by the Reclaim Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the Reclaim Privacy Policy, do not access or use any part of the App.
MEDICAL NOTICE AND DISCLAIMER: MEDICAL OR EMERGENCY SERVICES ARE NOT AVAILABLE THROUGH OR PROVIDED VIA RECLAIM. YOU UNDERSTAND AND AGREE THAT THE RECLAIM APP IS NOT A SUBSTITUTE OR AN ALTERNATIVE TO SEEKING PROFESSIONAL MEDICAL COUNSELING, DIAGNOSIS, ADVICE, TREATMENT OR SERVICES FROM A PHYSICIAN OR OTHER HEALTH CARE PROVIDER. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE. ANY CONTENT OR DATA ACCESSED THROUGH THE APP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS. RECLAIM, ITS SUSIDIARIES AND AFFILATES, AND ITS LICENSORS ARE NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF YOUR PERSONAL INFORMATION, OR FOR ANY RELIANCE BY YOU OR ANY MEDICAL PROFESSIONAL ON YOUR PERSONAL INFORMATION WITHIN THE APP.
A. Your Agreement with Reclaim Health
The App is provided by Reclaim Health (with legal name as MyA Health, Inc.) located at 45 Prospect Street, Cambridge, MA 02139 ("Reclaim"). All references to Reclaim include its subsidiaries or affiliates involved in providing the App. Your use of the App is subject to these Terms of Use, the Reclaim Privacy Policy, and such other terms as you may agree to from time to time.
Reclaim may change these Terms of Use at any time by posting the amended Terms of Use to the Reclaim App and web site and providing a notice on the App that the Terms of Use has changed. If you do not agree to the Terms of Use as amended, you may stop using the App and cancel your account. Your continued use of the App after the date the amended Terms of Use is posted will constitute your acceptance of the amended Terms of Use.
B. Definitions
- Aggregate Data: Aggregate Data is Claims Data that is: (1) grouped so it does not connect to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data is de-identified data and/or non-identifiable anonymous data that cannot be used to identify you as an individual.
- Authorized Individuals: An Authorized Individual is someone you authorize to access your Claims Data on your behalf.
- Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a Reclaim account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
- Dependent. A Dependent is a minor child or other individual over whom an Authorized Individual Representative has legal authority.
- Personal Data: Personal Data means information submitted through the App: (1) by linking your HAS/FSA to the APP; (2) directly by you or an Authorized Individual or your Authorized Individual-Representative as the case may be; and (3) by Reclaim from third-parties under your authorization. Personal Data might include, but is not limited to the following:some text
- Your name and contact information, such as your address, phone number, or email address
- Your medical history, conditions, treatments, and medications
- Your healthcare claims, health plan account numbers, bills, and insurance information
- Demographic information, such as your age, gender, ethnicity, and occupation
- Computer information, such as your IP address
- Welcome to Reclaim Health. All users of this application, as well as all related products and services (collectively, the "App"), are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the App. By accessing or using the App, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by the Reclaim Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the Reclaim Privacy Policy, do not access or use any part of the App.
- Personal Information: Personal Information means information about you that reasonably can be linked to you such as your name, health information, and other identifiers. Personal Information may also include but is not limited to your financial information. Personal Information includes Personal Data.
- App Providers: An App Provider is an entity that is hired to perform certain functions for Reclaim to support the development, maintenance, and implementation of Reclaim. App Providers may include software or website designers and data storage providers.
- Plan Sponsor: A Plan Sponsor is an entity that provides you health coverage, such as your employer or your insurer.
- Security Measures: Security Measures are methods and processes, training, hardware, software, programs and the like that are used to help protect your data. Such Security Measures will include things like computer safeguards, secured files and employee security training and more.
C. Your Account
You must provide accurate and complete registration information when you register to use the App. You are responsible for the security of your passwords and for any use of your account.
Reclaim reserves the right to restrict who is eligible for an account. Reclaim reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. Reclaim may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account.
D. Collection of Your Information
Personal Data may be entered into the App directly by you personally or via data transfer from a third-party repository, such as your Plan Sponsor or other third-party sources such as your HSA/FSA bank. With respect to Personal Data collected from third-party sources, Reclaim shall not collect and display such information without your specific authorization to do so. For additional information related to what information is collected, please review the applicable Reclaim Privacy Policy.
E. Securing Your Information
Reclaim is committed to protecting your Personal Information and employs commercially reasonable security technologies and procedures to protect Personal Information from unauthorized access, use, and disclosure. This includes, but is not limited to, storing Personal Information on secure servers, using robust encryption technology, and requiring comprehensive security training for our workforce. For more information on how your data is secured, please visit the Reclaim Privacy Policy.
F. Use of Your Information
When you provide Personal Information through the App, you provide Reclaim authorization to use and distribute it in connection with the App and the services provided through the App. Reclaim may use Personal Information only as permitted by the Reclaim Privacy Policy, these Terms of Use, the plan or program for which the Personal Information is necessary to administer your benefits, and applicable law.Reclaim may use de-identified data and/or non-identifiable data (collectively, “Anonymous Data”) that is taken from the Personal Information you provide or that is provided on your behalf and combine it with other Anonymous Data to create Aggregate Data that may be disclosed to third parties. Aggregate Data may be used to determine usage patterns for our services, demographics of users as a group, and any other legally permissible uses. The use of Aggregate Data permits Reclaim to understand the needs of the Reclaim community of users and to determine what kinds of programs and services we can offer you and other users.As described further below, and to the extent permitted by and subject to the requirements of the HIPAA business associate agreement(s) in place, Reclaim may use or modify your Personal Information to:
- Operate and manage the Reclaim platform, software, and App
- Create derivative works from your Personal Information as necessary for the further development and enhancement of the Reclaim platform, software, and App, including to train and evaluate algorithms under development or for product development and improvement purposes; to generate insights or perform other data analytics
- Maintain and protect its computer systems
- Administer or assist in the administration of your benefit offerings that are connected through the App
- Comply with the law, such as responding to subpoenas and search warrants
At no time will your Personal Information be sold by Reclaim.
G. Authorized Individuals
You may grant access to your Reclaim account to one or more Authorized Individuals. You may grant an Authorized Individual access to your Reclaim account by specifically authorizing Reclaim through the App to permit access by such Authorized Individual to your Reclaim account. When you grant access to an Authorized Individual through the App, you may permit the Authorized Individual to: (a) have the same level of access to your Reclaim account as you have; or (b) have limited access to your Reclaim account (i.e., the Authorized Individual will be authorized to access and read only a subset of your Personal Data that you specify). Whether or not to grant an Authorized Individual access to your Reclaim account is your decision. You acknowledge and agree that you are solely responsible for the actions of any Authorized Individual you select.
H. Authorized Individual-Representative
An Authorized Individual-Representative may authorize and/or have access to Reclaim records for a Dependent. A Dependent's Reclaim records will be linked to an Authorized Individual-Representative's Reclaim account until the earlier of the date: (i) the Dependent reaches the age of 18; (ii) the Authorized Individual-Representative is no longer the legal representative of the Dependent; or, (iii) Reclaim is notified by the Dependent or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative agrees that a Dependent's Reclaim account also may be linked to the Reclaim account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's Reclaim account.
I. Not Medical Advice
You acknowledge and agree that neither Reclaim nor the App offers medical advice. Any content or data accessed through the App is for informational purposes only and is not a substitute for the professional judgment of health care providers. Reclaim, its licensors and App Providers are not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information within Reclaim. Reclaim is not responsible for any Provider's reliance or non-reliance on your Reclaim, Personal Information, Personal Data or the accuracy thereof.
J. Reclaim Proprietary Rights
Reclaim owns all proprietary rights to the App and all content and technology related thereto, except for Personal Information and Personal Data submitted through the App by you or on your behalf. Reclaim grants you a personal, revocable, non-assignable, and non-exclusive license to use the App in accordance with these Terms of Use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of Reclaim's or its licensors' proprietary materials including, but not limited to, the App and any contents therein without the prior written consent of Reclaim or one or more of its licensors as the case may be. Except as expressly set forth herein, you have no right, title or license to any of Reclaim's or its licensors' intellectual property. You acknowledge and agree that you shall not have the right to nor seek access to the source code, logic, or operation of the App or any Reclaim software used to provide the App and services through the App. You further agree that you will not attempt to reverse engineer any portion of the App or any such software.
K. Restrictions on Use
Your use of the App and any content accessed or submitted through the App must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the App any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the App to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the App any advertisements or solicitations of business; (f) restrict or inhibit use of the App by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this App; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the App or that you have a contractual obligation to keep confidential (notwithstanding its availability on the App); (j) post "spam," transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this App or any networks connected to this App; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the App any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the App other than by the interfaces provided by Reclaim; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by Reclaim in its sole discretion, may harm Reclaim, its licensors, or users of the App or expose them to liability; (r) rent, lease, or otherwise permit third parties to use the App; (s) use the App to provide services to third parties; (t) introduce software or automated agents or scripts to the App so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the App; (u) perform or publish any performance or benchmark tests or analyses relating to the App or the use thereof; (v) use the App in order to build a competitive product or service or copy or build a product using similar ideas, features and functions of the App; or (w) circumvent or disable any security or other technological features or measures of the App.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the App, (ii) attempt to interfere with the proper working of the App, or (iii) take any action that imposes an unreasonable or disproportionately large load on Reclaim's infrastructure as determined by Reclaim in its sole discretion.
L. Modification and Termination
Reclaim may place limits on, modify, suspend or terminate all or any portion of the App at any time without prior notice. Additionally, Reclaim may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated these Terms of Use. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, Reclaim will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, Reclaim will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the App or of any communications received through the App. Reclaim assumes no liability for any information removed from the App. Reclaim also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies and the terms of the HIPAA business associate agreement(s) in place.
M. Exclusion of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER RECLAIM NOR ANY OF RECLAIM'S LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER RECLAIM NOR ANY OF RECLAIM'S LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER RECLAIM NOR ANY OF RECLAIM'S LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
N. Limitation of Liability
NEITHER RECLAIM NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THESE TERMS OF USE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, LOSS OF OR DAMAGE TO DATA, FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY RECLAIM AND WHETHER OR NOT RECLAIM HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY, THE EXTENT OF SUCH LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
O. Law and Venue
These Terms of Use are governed by Massachusetts law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN MIDDLESEX COUNTY, MASSACHUSETTS. YOU AND RECLAIM CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in these Terms of Use limits either party's ability to seek equitable relief.
P. Force Majeure
Neither Reclaim nor its licensors shall be responsible for failure to fulfill its obligations under the Terms of Use to the extent such failure is due to causes beyond its reasonable control (“Force Majeure Event”), including, but not limited to, externally caused transmission interference, Acts of God, public enemy, embargo, power failures, governmental act, fire, accident, acts of terrorism, irreparable or key equipment failure or destruction, epidemic or pandemic, strike, war, armed conflict, riot, or inclement weather. In the event of a Force Majeure Event, the delayed Party shall perform its obligations hereunder within a reasonable time after the cause of the failure has been remedied, and you shall be obligated to accept such delayed performance.
Q. Communications
You authorize Reclaim and its licensors and their respective employees, contractors, resellers, distributors, and agents to initiate communications, whether written, oral or electronic, by telephone, mobile phone, text message, email and/or such other technologies as are then-currently available to provide notifications and reminders of updates, events, newsletters, alerts, appointments, actions related to the App, or such other purposes as are related to the App, and you consent to such communications. You also acknowledge that your telecommunications carrier may assess charges for any such incoming call, messages or texts.
P. General Legal Terms
For purposes of clarification, these Terms of Use are for end users of the App. From time-to-time, Reclaim may require licensees of components of the App and other Reclaim offerings to enter into a separate agreement with Reclaim related to such components or offerings. If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service.
Reclaim's licensors and App Providers are third-party beneficiaries to these Terms of Use. If Reclaim provides you with a translation of the English language version of these Terms of Use, the English language version of these Terms of Use will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provisions essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.
