PlanWell Health Disclaimers and Terms of Use

The purpose of this PlanWell Health Mobile App© (App) is to support your efforts to manage your health. Please read the following carefully as it limits liability we have to you.

Agreement

In consideration for using this App, you agree to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR TO ANY PRIVACY POLICY CONTAINED OR REFERRED TO ON THIS APP, DO NOT USE THIS APP.

 

A Personal App

The use of the App is for your personal use only regarding yourself and your legal dependents. DO NOT attempt to use this App to access information about another person, including your spouse or other family member.

 

Password Protection

You are responsible for protecting the confidentiality of your password and user name, if you have them. You are also responsible for maintaining password security to prevent others from accessing your phone. You may not share your login name, password or other credentials with a third party. You agree to assume all risks associated with any usage, whether or not authorized, of your login name, password or other credentials or other information you share with or have access to on this App and further release us from any and all claims, liabilities and damages, of whatever nature, related to this App.

 

App Collected Data

As part of the data safety requirements to participate in various App stores, the following details are provided:

 

What data does this APP collect from users?

• APP users cannot register with PlanWell or access any data EXCEPT through an agreement between the user’s employer and PlanWell.  The APP user will become aware of the APP through their employer.  The APP accesses the APP users OWN medical and pharmacy claim data.  The only data collected while using the APP is the following:
  • Confirmation of security date, security ID, name and home address during registration process.  This data is already housed in the PlanWell system prior to the APP user registering for the APP.  These data elements are used to verify the app user versus what data already exists inside the PlanWell platform as part of our agreement to assist your employer with the administration of their various employee benefit plan offerings.  
  • Login information and when various parts of the APP are clicked by APP users.  This data is used for various employers as part of their overall wellness program and to verify possible wellness rewards to employees and their family members.

 

How is this data collected?

• When an APP user logs into the app or when they click on various sections of the APP, this information is tracked for the purposes of enhancing APP offerings as well as the tracking of activity for wellness rewards to employees and their families from your employer.

 

How is this collected data secured?

• PlanWell is subject to strict data security requirements under federal HIPAA laws.  Collected APP data is held and secured in the same manner that we secure all of health data under our required HIPAA compliance.

 

How is data retained?

• Data is retained along with the overall account of an employer with PlanWell for so long as your employer is a client of PlanWell and up to 5 years after the termination of any client relationship.

 

What is the process whereby collected data can be deleted?

• Any APP collected data will be deleted upon request.  Your request can be directed to your employer directly or by emailing support@planwellhealth.com
• Any APP user can revoke their consent to this agreement directly to your employer or by emailing support@planwellhealth.com.

 

Do third parties have access to collected data?

• The only third parties who will have access to collected will be your employer and vendors whom they employer as part of your overall wellness program.  Any APP collected data will be secured by these third parties to ensure privacy of your data.

 

Third party uses of collected data protection

• Third parties, including your employer, will use collected login and APP activity data to optimize your wellness plan and track user points toward wellness rewards.

 

Claim Amounts

You may have access to benefits information and historical claim payment information through this App. The information you obtain is not a guarantee of payment. You should always consult your benefit plan document about what your insurance policy or benefit plan covers. Showing provider and claim amounts may change based upon our receipt of updated claim information.

 

Not Advice of Any Kind, and Not Medical Care

No content provided by this App is intended to give medical advice or to be a substitute for professional medical care or your own judgment regarding your health needs. All content including text, push alerts, graphics, images, calendars, lists, and information provided by this App is for general information purposes only. Nothing contained, expressed, or implied in this App is intended as, nor shall be construed or understood as, legal or financial advice, guidance, or interpretation.

 

No Endorsement or Vetting

This App does not recommend or endorse any specific providers, drugs, tests, procedures, pharmacies, opinions, or other information provided in this App; nor does it vet any providers, drugs, medical treatment, or other medical care content that is provided.

With respect to our rating functionality, PlanWell does not vet or guarantee the accuracy, appropriateness, usefulness, or validity of ratings provided through this App. In addition, we do not promise or guarantee the accuracy of our cost-comparison functionalities. We encourage users to verity all prices and comparisons before committing to a drug, provider, test, procedure, or other course of action.

 

No Reliance

YOU MUST NEVER RELY ON INFORMATION OBTAINED USING THIS APP 1) FOR ANY DIAGNOSIS OR RECOMMENDATION FOR MEDICAL TREATMENT; 2) AS AN ALTERNATIVE TO MEDICAL ADVICE; OR 3) AS A REASON TO DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL CARE.
IF YOU EXPERIENCE A MEDICAL EMERGENCY, SEEK PROFESSIONAL MEDICAL CARE IMMEDIATLEY. THIS APP DOES NOT PROVIDE EMERGENCY CARE.

In addition, you should call your insurance provider for information regarding benefit coverage, provider network status, claims, authorizations, and other inquiries regarding your benefits. This App does not guarantee the accuracy of information it provides regarding your coverage or benefits.

 

Not a Fiduciary and No Special Rights

Plan Well is not a plan fiduciary or administrator for your health plan, and use of this App does not create any special right or relationship between you and PlanWell.

 

No Warrants or Promises

Plan Well makes no promise or warrant that the information provided by this App will be constantly available, or available at all; or that the information provided by this App is complete, true, accurate, up-to-date, or non-misleading.

 

PLANWELL IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, BENEFIT COVERAGE, HEALTH SCREENING, DIAGNOSIS OR ANY OTHER INFORMATION, CARE, SERVICES OR PRODUCTS YOU OBTAIN THROUGH THE USE OF THIS APP.

 

Indemnification

You agree to indemnify and hold PlanWell, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PlanWell by any third party due to or arising out of or in connection with your use of the App.

 

Limitation of Liability

Except where prohibited by law, in no event will PlanWell be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Plan Well has been advised of the possibility of such damages.

If Plan Well is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or its content, PlanWell’s liability shall in no event exceed the greater of 1) the total of any subscription or similar fees with respect to your use of the App in the six months preceding the incident that gave rise to such damage or loss, which shall be determined per affected individual on a pro rata basis for group subscriptions or 2) US $100.00.

 

Intellectual Property Rights

This App is protected by United States copyright and patent law. PlanWell hereby reserves any and all intellectual property rights in the App. Apart from your proper use of such property as a subscriber, you hereby agree not to use, share, or acquire such intellectual property without the prior written consent of PlanWell. In addition, you agree that injunctive relief shall be available to Plan Well upon breach of this provision.

 

Prohibited Uses

By using this App, you agree that you shall not (i) frame or mirror any Information; (ii) resell, rent, lend, lease, assign, transfer, license, distribute, display, host, outsource, or timeshare the Information or otherwise use the Information on behalf of or for the benefit of any third party (including on a “service bureau” or similar basis); (iii) interfere with or disrupt the integrity or performance of the Information, including the authentication or security measures; (iv) access all or any portion of the Information by means of any crawler, scraper, bot, spider, or any other similar script or automated process; (v) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Information; (vi) modify, translate, or create derivative works based on any element of the Information; (vii) use the Information to invade the privacy or obtain the identity or other information of a member in violation of laws or this Agreement; or (viii) access the Information to build a competitive product or service or copy any Ideas, features, or functionality of the Information.
Governing Law; Jurisdiction and Venue; Dispute Resolution

You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of South Carolina without regard to any conflict of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Greenville County, South Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between PlanWell and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed ninety (90) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

Termination and Suspension of Services

If you fail, or PlanWell suspects on reasonable grounds that you have failed, to comply with any provision of this Agreement, Plan Well may terminate your access to the App without warning.

 

Limitations on Use

You agree not to 1) modify, prepare derivative works of, or reverse engineer our App; 2) negligently or knowingly use our App in a way that disrupts our networks, user accounts, security, or services; 3) transmit through the App any harassing, indecent, obscene, fraudulent, or unlawful material; 4) use the App in violation of any applicable law or regulation; 5) use the App to send unauthorized advertising or spam; 6) harvest or collect user data; 7) provided access to this App for competitors seeking to research its capabilities; or 8) transmit through the App any material that may infringe on the intellectual property, privacy, or other right of a third party.

 

Severability

If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, it will be severed and, provided that you or your plan continue to pay the fees set by PlanWell for your subscription, the remainder of this Agreement will remain in effect.

 

Your Agreement
By using the App and hitting “I Agree” during registration, you acknowledge that you have read and understand this Agreement and you agree to be legally bound by its terms.

If you do not agree to be legally bound by this Agreement, you may not access, use, or register for the App.