Last Updated: April 8th, 2021
Bastion Health’s Sites and Services may contain links to third-party websites, products, and services. This Notice does not apply to third party websites and mobile applications, products, or services that may link to or are linked from our Sites and Services or services we offer as a Business Associate on behalf of health care organizations. Please consult those websites and applications directly to understand their privacy practices.
INFORMATION WE COLLECT
- Information We Collect About You.
- Our company collects, processes, and retains information from you when you interact with our Sites and Services. We may collect the following information from you:
- Log-in credentials (such as user ID and password) and security questions and answers;
- Your name, email address, contact information, including your mailing address, phone number, title, and information about the organization with which you are affiliated;
- Any information you choose to include in your messages or responses when interacting with us through our Sites and Services, including via online forums, inquiry forms, our support portal, or our Chatbox messaging service and other messaging services, including any information you provide when you complete a survey administered by us or a supplier acting on our behalf;
- Payment information and associated contact information when you engage in transactions; or
- Information about your device and your device’s operating system and browser information, transaction information related to the Bastion Health mobile application such as product download ID, account contact information, device ID, download frequency/time, information about the way you use the Application including administrative user account contact information, device event information such as errors, system activity, hardware settings, the date and time of your request.
- Information We Collect Automatically.
- Types of Tracking Technologies. We may automatically collect certain information through browser cookies and other tracking technologies when you access, use, or interact with our Sites and Services, including:
- Browser and device data, such as your device type, operating system and version, IP address, general geographic location as indicated by your IP address, browser type, screen resolution, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Site you are visiting;
- Usage data, including information about the time you spend on our Sites and Services, the content you view or download and features you access, the pages that led or referred you to our Sites and Services, language preferences, how you interact with available content, and entered search terms;
- Interactions with ads and newsletters, such as information about how you interact with our ads and newsletters, including whether you open or click links in any correspondence; or
- Information that you make available to us on social media platforms (such as by clicking on a social media icon linked from our Sites and Services), including your account ID or username and other information included in your posts.
- Interest-Based Tracking. When you visit or use our Sites and Services, we and our partners may collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (called “interest-based advertising”). Our partners may place or recognize a unique cookie or other tracking technology on your browser (including the use of pixel tags). Where required by applicable law, we will rely on your consent prior to processing personal information from your device or computer for the purpose of interest-based advertising.
- Site operations, including to enable features on our Sites and Services, such as remembering your preferences, tracking the number of times you have been shown an advertisement, generating aggregate statistics about how people use our Sites and Services, and for error management and troubleshooting;
- Analytics, including to allow us to understand how our Sites and Services are being used, track the performance of our Sites and Services and make improvements;
- Interest-based advertising, including to deliver tailored communications or advertising based on your preferences or interests across services and devices and measure the effectiveness of advertisements;
- Social media, including to enable the sharing of content from our Sites through social networking and other sites.
As a general rule, we do not collect personal information via cookies unless you have given us your permission to do so. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of our Sites and Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our Services. You can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting out of advertising network services does not mean that you will not receive advertising on our Sites or on other websites, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
- Information We Collect from Other Sources. We may obtain information about you from other sources such as data brokers, credit reporting agencies, social networks, partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as data in the public domain. We also may receive information about you from outside suppliers through your online activities on websites and connected devices over time and across websites, devices, apps and other online features and services. These other sources help us update, expand, and analyze our records; identify new customers; determine you or your organization’s advertising or purchasing preferences; or prevent or detect fraud. We combine such information with information we have collected about you through our Sites and Services. We will treat the combined information in accordance with this Privacy Notice.
- How We Use Your Information.
- We use the information we collect about you for the following purposes:
- To provide you with our Sites and Services, including to facilitate client interactions, enter into contracts, process payments, fulfill orders, send service communications, send email marketing communications, and conduct general business operations such as accounting, recordkeeping, and audits;
To provide you with the best service and to improve and grow our business, including to understand how our Sites and Services are being used, conduct data analyses of user experiences and behavior, understand our customer base and purchasing trends, understand the effectiveness of our marketing, and develop new products and services;
- To deliver targeted advertising on our Sites based on your preferences or interests across services and devices and measure the effectiveness of ads;
- To protect and secure our Sites and Services, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; and
- To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with legal requirements regarding the provision of products and services.
- Marketing Emails. From time to time, we may send you promotional or marketing materials. If at any time you would like to unsubscribe from receiving promotional or commercial emails from us, you can click the unsubscribe link at the bottom of any email or email us at: [email address here]. We will meet your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages..
5. How and With Whom We Disclose Your Information.
- With our suppliers. We may share your information with suppliers that provide services on our behalf, such as marketing and survey services, payment processors, website and customer experience hosting, data analysis, data storage, customer service, auditing and accounting firms and security suppliers. We contract with suppliers to use or disclose information to perform services on our behalf or to comply with legal requirements. We require our suppliers to contractually commit to protect the security and confidentiality of data they process on our behalf.
- With our advertising partners.We may share your information with our advertising partners.
- With social media platforms. Where you choose to interact with us through social media, your interaction with these programs typically allows the social media company to collect some information about you through cookies they place on your device and other tracking mechanisms. In some cases, the social media company may recognize you through its digital cookies even when you do not interact with their application. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and controls they make available to you.
- Where required or permitted by law or in the context of an audit or other review. We may share information with law enforcement agencies, courts, or other government authorities where we believe it is necessary to comply with a legal or regulatory obligation; to protect the rights, safety, and property of our company, you or others; or to respond to requests from courts, law enforcement agencies, regulatory agencies and other public and government authorities.
- In the context of a change of ownership or corporate organization. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
Our Sites and Services are intended for users age thirteen and over. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 16, we will delete that information.
PERSONAL INFORMATION SECURITY AND STORAGE
- Safeguards Provided. We implement and maintain organizational, technical, and administrative security measures designed to safeguard the information we process within our organization against unauthorized access, destruction, loss, alteration, or misuse. These measures are aimed at providing on-going integrity and confidentiality for your personal information. We evaluate and update these measures on an ongoing basis. Your information is only accessible to personnel who need access to the information to perform their duties. However, while we take precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
- Information Retention. We retain your personal information for as long as we have a relationship with you, subject to applicable law and regulation. When deciding how long to keep your personal information, we consider our legal and regulatory obligations and internal personal information management policies. For example, we retain records to investigate or defend against potential legal claims or where required by law. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. .
FOR CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
- Information Requests Available to You. Residents of the State of California have the right to request information from us regarding other companies to whom we have disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request to .
- Right to Receive Disclosures. The California Consumer Privacy Act provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act (HIPAA), or the Fair Credit Reporting Act. To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
FOR CALIFORNIA RESIDENTS: RIGHT TO INFORMATION REGARDING THE CATEGORIES OF PERSONAL INFORMATION COLLECTED, SOLD, AND DISCLOSED
- Data Collection Practices. The following is a description of our data collection practices, including the Personal Information we may collect, the sources of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any of the purposes described in this privacy notice, unless limitations are listed.
- Personal Identifiers.
- We may collect your name, phone number, email address, mailing address, and contact address when you create an account or contact us via the site. If you choose to create an account, you may also be asked to create a username, and we may assign one or more unique identifiers to your profile. We use this information to provide our services, respond to your requests, and send information and advertisements to you;
- We may collect a unique numerical identifier, assigned to you by a cookie, automatically when you use the Sites and Services in order to identify you, provide our Services, keep you logged in to our Sites, prevent fraud, and provide you with targeted information and offers;
- We, or a service provider working on our behalf, may collect your payment information when you provide it in order to complete a transaction. This information includes your credit card number or bank account number. We use this information to facilitate payments and transactions;
- We do not collect your Driver’s License number, passport number, or social security number;
- We may collect your IP address and Device ID automatically when you use our Sites and Services. We use this information to identify you, gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and provide you with targeted advertisements and offers based on your online activities.
- Protected Classifications. We do not collect your age, gender, racial or ethnic origin, or sexual orientation.
- Commercial Information.When you engage in transactions with us, we may create records of transactions. We use this information to measure the effectiveness of our services and to provide you with targeted information, advertisements, and offers.
- Biometric Information. We do not collect information about your physiological, biological, or behavioral characteristics.
- Internet or Other Electronic Network Activity Information. When you navigate to and use our site, we may collect information such as your Internet domain, the domain of your Internet service provider, the date and time that you access the site, the Internet address of the website from which you linked directly to the site, and the pages you visit on our sites.
- Geolocation Data. As described above, we may collect your IP address automatically when you visit our sites. We can determine your general location based on your IP address.
- Audio, electronic, visual, thermal, olfactory, or similar information. We do not collect your audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information. We may collect your business contact information when you contact us regarding our products and services or when you interact with us at trade shows. We otherwise do not collect your professional or employment-related information.
- Education information. We do not collect any information about the institutions you have attended or the level of education you have attained.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics. We may analyze your actual or likely preferences through a series of computer processes and add our observations to your internal profile. We use this information to gauge and develop our marketing activities, to measure the appeal and effectiveness of our services, applications, and tools, and to provide you with targeted information, advertisements, and offers.
- Purposes for Data Use. We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected. We may share any of the above-listed information with service providers, which are external parties that we engage for business purposes and are restricted from using personal information for any purpose that is not related to our engagement. The categories of service providers with whom we share information and the services they provide are described in this Global Privacy Notice.
- Information Sold to Third Parties. On certain occasions, we may sell information to third parties. An external party may be considered a third party either because the purpose of sharing the Personal Information is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes. To “sell” information means to disclose it to an external party for monetary or other benefit. We sell the following information:
- Personal Identifiers. We may provide your IP address and device ID to our suppliers and online advertising partners.
- Internet or Other Electronic Network Activity Information. We may provide information about your Internet or other electronic network activity information to our suppliers and online advertising partners.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics.We may provide our observations about you to our suppliers and online advertising partners.
- Other disclosures. We also may disclose information to external parties who are not listed here when required by law or to protect our company or for other purposes, as described in this Notice.
13. Access to Deidentified Information.We may license access to deidentified health information that is derived from Protected Health Information, as defined by the Health Insurance Portability and Accountability Act. All such information is deidentified according to the safe-harbor or expert determination requirements of HIPAA.
- Right to Access Information. You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we will verify your identity before we act on your request.
- Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we will verify your identity before we act on your request. We may have a reason under the law why we do not have to comply with your request or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
- Right to Information Regarding Participation in Data Sharing for Financial Incentives. We may offer online resources whereby we incentivize you to share certain pieces of information with us. In the event we offer such resources, participation is voluntary and you may opt out of the data sharing at any time.
- Right to Opt Out of the Sale of Personal Information to Third Parties. You have the right to opt out of any sale of your Personal Information to third parties. To exercise this right, please contact us at email@example.com. Please note that your right to opt out does not apply to our sharing of Personal Information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the Personal Information only for that function.
- How to Submit a Request. You may submit a request to exercise your rights through either of two means: (1) by mailing a written request to 850 NEW BURTON RD, STE. 201 DOVER, DE 19904 or (2) by emailing us at firstname.lastname@example.org.
- Changes to This Privacy Notice. We will periodically update this Global Privacy Notice, and we will post notice of any material changes to the Global Privacy Notice on this website in advance of making those changes. The “Effective Date” at the top of this page indicates when this Global Privacy Notice was last revised.
- Third-Party Advertising. From time to time, you may see advertising, logos, or Web site links on our Sites or Services. We do not claim to endorse or evaluate such advertising, logos, or Web site links or the products or services so advertised. We do not make any representation to you as to the accuracy or suitability of any of the information these advertisements contain, and do not accept any responsibility or liability for the conduct or content of those advertisements and sites, as well as the offerings made by the third parties. We also do not take any responsibility for the content of the advertisements, promises made, or the quality or reliability of the products or services offered in the advertisements.
- How to Contact Us. If you have questions, requests, or complaints related to your privacy, please contact email@example.com.
Last Updated: April 8th, 2021
PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT BASTION HEALTH’S LIABILITY TO YOU. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. Your use of this Website is granted by Bastion Health, Inc. (“Bastion Health”). Bastion Health reserves all ownership and intellectual property rights in and to the Website.
1.MEDICAL ADVICE DISCLAIMER
The content of this Website, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of qualified health care professionals with any questions or concerns you may have regarding your individual information, needs, and any medical conditions. Reliance on any information appearing on this Website, whether provided by your health care providers, website content providers, Bastion Health employees or medical staff, visitors to the Website, or others, is solely at your own risk. Never disregard medical advice or delay seeking it because of something you have read on this website. If you are experiencing a medical emergency, you should not rely on the information on this website and should seek appropriate emergency medical assistance, such as dialing “911.”
2.LICENSE TO USE THIS WEBSITE AND CONTENT OWNERSHIP
- Bastion Health grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use this Website for the sole purposes of obtaining information about and access to Bastion Health products and services. All rights, title, and interest in and to the Website, including its content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein shall remain with Bastion Health, an no ownership interest is transferred to you or any other entity by virtue of making the content available on the website, granting the foregoing license, or entering into this Agreement.
- Feedback or Other Communications. In the event you choose to provide Bastion Health with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant Bastion Health a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.
- Upgrades and Other Modifications. The terms of the Agreement will govern any software upgrades, updates, and enhancements provided by Bastion Health that replace and/or supplement the original Website, unless such upgrades, updates, and enhancements are accompanied by a separate license in which case the terms of that license will govern. Nothing in this paragraph creates an obligation for Bastion Health to prepare or provide any upgrades to the Product.
- Limitations on Use of This Website. You further agree not to use the Website to do the following:
- Transmit, access, or communicate any data that you do not have the right to transmit or communicate under applicable law, including the Health Insurance Portability and Accountability Act of 1996 as modified by the Health Information Technology for Economic and Clinical Health act and all related rules, regulations, and related laws and acts (collectively, “HIPAA”), under similar more stringent state laws, or under a contractual or fiduciary relationship;
- Misrepresent your identity or provide Bastion Health with any false information in any information-collection portion of this Website;
- Access or attempt to access any portion of this Website to which you have not been explicitly granted access;
- Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit or communicate any data that contains software viruses or any other computer code, files, or programs designed, intended, or likely to interrupt, destroy, or limit the software functionality of any computer software or hardware or any telecommunications equipment;
- Interfere with or disrupt or circumvent the Website;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including laws related to securities exchange and any regulations, requirements, procedures, or policies in force from time to time relating to the Website;
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Directly or indirectly authorize anyone else to take actions prohibited in this Agreement; or
- Use the Website while driving.
- Trademarks, service marks, graphics, and logos used in connection with the Website are the trademarks of Bastion Health. You are not granted any right or license with respect to any of the trademarks mentioned in this Agreement and any use of such trademarks.
- Copyright Infringement. Bastion Health requires all Website users to comply with copyright law. As a condition to use the Website, you agree that you must not use the Website to infringe upon the intellectual property or other rights of Bastion Health or of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event you fail to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time.
3.POSTING MESSAGES, COMMENTS, OR CONTENT
- Limitations on Content Posting. Certain portions of this Website may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:
- which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
- the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
- Responsibility for Messages, Comments, or Content. You are solely responsible for the content of any postings you submit and Bastion Health assumes no responsibility or liability for any content submitted by you or any other website visitor. Bastion Health may, but is not obligated to, restrict or remove any and all content from a message that Bastion Health determines in their sole discretion violates these Terms or is otherwise harmful to Bastion Health, Bastion Health’s customers, or any third party. Bastion Health reserves the right to remove the content you provide at any time, but you understand that Bastion Health may preserve and access a backup copy, and Bastion Health may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of Bastion Health.
- Non-Commercial Purposes. Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.
- Use and Reproduction of Content. If you do post content or submit material, and unless we indicate otherwise, you grant Bastion Health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bastion Health and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Bastion Health or its affiliates for all claims resulting from content you supply.
4.CONSENT TO USE OF DATA
You agree that Bastion Health may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of the Website as well as personal information, user location data and user content (collectively “User Data”) to facilitate the provision, authentication, performance optimization or improvement, updates, support, and other services for Bastion Health products or services, including the Website. BY USING THIS WEBSITE, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA.
This license is effective until terminated by you or Bastion Health. Bastion Health may, in its sole discretion and without prior notice, terminate your access to the Website for violations of this Agreement or other agreements or guidelines, which may be associated with your use of the Website, or if Bastion Health deems it necessary in its sole discretion. Your rights under this Agreement will terminate automatically without notice from Bastion Health if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the Website.
6.SERVICES; THIRD PARTY MATERIALS
- Assumption of Risk. The Website may enable access to Bastion Health’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Bastion Health shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- Third Party Materials. Certain Services available through the Website may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that Bastion Health is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. Bastion Health does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Neither Bastion Health, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or data displayed by any Services or any Third-Party Materials.
- Proprietary and Confidential Information. You agree that the Website and any associated products or services may contain confidential or proprietary content, information and material (“Content”) that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such Content in any way whatsoever except for permitted use of the Website or associated products or services. No portion of the Content may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, in any manner, and you shall not exploit the Content in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You further agree not to use the Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Bastion Health is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Content. You agree to comply with any applicable third-party terms of agreement when using the Website, e.g., you must not be in violation of a wireless data service agreement when using the Website.
- In the event of any third-party claim that the Website or your possession and use of the Website infringes that third party’s intellectual property rights, Bastion Health will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as described herein. Provided that you have used the Website in accordance with the terms of this Agreement and you promptly notify Bastion Health of any claim against you of the type described below, Bastion Health agrees to defend or settle, and to indemnify and to hold you harmless from, any such claim brought against you to the extent that: (1) it is a claim of infringement of any patent, copyright, or trademark, in each case enforceable in the United States; (2) it is based on the use of the Website in the form supplied to you by Bastion Health; and (3) it is not based on the use of the Website in combination with other hardware or software except to the extent the use of the Website alone would constitute an infringement or misappropriation. You will promptly notify Bastion Health in writing of the claim, promptly provide Bastion Health with the information reasonably required for the defense of the same, and grant to Bastion Health exclusive control over its defense and settlement. Bastion Health may at its sole option and expense: (i) procure the right for you to continue to use the Website; (ii) modify or replace the Website or such portion thereof as Bastion Health deems appropriate; or (iii) terminate your license to the Website and refund any fees you paid for use of the Website. This section states the entire liability and obligation of Bastion Health to you with respect to infringement of any intellectual property rights.
- Geographical Restrictions. In addition, third party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. Bastion Health makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Bastion Health reserves the right to change, suspend, remove, or disable access to any Services or Third-Party Materials at any time without notice. In no event will Bastion Health be liable for the removal of or disabling of access to any such Services or Third-Party Materials. Bastion Health may also impose limits on the use of or access to certain Services or Third-Party Materials, in any case and without notice or liability.
- Technical Support. Bastion Health’s technical support organization may provide technical support for the Website directly to third parties under a separate agreement, but Bastion Health does not provide technical support to your or any end user. Bastion Health and you acknowledge that Bastion Health has no obligation whatsoever to furnish any maintenance and support services with respect to the Website.
7.DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE (“APPLICATION SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BASTION HEALTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BASTION HEALTH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BASTION HEALTH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8.LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BASTION HEALTH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OR MODIFIED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, APPLICATION SERVICES, SERVICES, OR THIRD PARTY MATERIALS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BASTION HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bastion Health’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- The Licensor of the Website is Bastion Health, Inc. and is located at: 850 NEW BURTON RD, STE. 201 DOVER, DE 19904. You may contact Bastion Health with any questions, complaints or claims with respect to the Website at firstname.lastname@example.org.
- Choice of Law; Venue. The laws of the State of Delaware excluding its conflicts of law rules, govern this license, its construction, and your use of the Website. Any action arising under this Agreement shall be brought exclusively in Delaware and you and Bastion Health expressly consent to the personal jurisdiction of the state and federal courts located in Delaware for such purposes. Your use of the Website may also be subject to other local, state, or national laws.
- The provisions of this Agreement are severable. The invalidity, in whole or in part, of any provision of this Agreement will not affect the validity or enforceability of any other of its provisions. If one or more provisions of this Agreement are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of this Agreement.
Last Updated: April 8th, 2021
Bastion Health takes very seriously its obligation to protect the confidentiality of your personal information. Bastion Health’s mobile applications for patients are intended to connect to servers and systems operated by Bastion Health in order to provide you secure, mobile access to those systems and to your personal information.
3.TYPES OF INFORMATION COLLECTED
Bastion Health collects certain Data when you download or use its Applications. Depending on how you use the Applications, Bastion Health may or collect certain kinds of information about you. This information may, but does not necessarily, include:
- Personal Health Information (PHI). If you are using the Applications as part of your treatment from a health care provider or membership with a health insurance plan, then any information that identifies you as a patient of the health care provider or regarding your health may be PHI. If you are not a patient but are using the Applications on behalf of a health care provider or health insurance company, then information about others that is accessible through the Applications may be PHI. We will only use or disclose PHI as permitted or required under the Health Insurance Portability and Accountability Act, as amended, and all associated laws and regulations (collectively, “HIPAA”). If your use of the Application is for purposes of a research protocol or is not through a health care provider, then HIPAA may not be applicable.
- Personally Identifiable Information (PII). PII is any information that can individually identify you and includes your name, and contact information, such as e-mail address, telephone number, or postal address.
- Non-Personally Identifiable Information. Non-personally identifiable information includes information that does not personally identify you, but it may be linkable to you. If non-personally identifiable information is directly linked to personally identifiable information, it will be considered PII while it is linked. Aggregate and de-identified information is not considered PII.
- Personal Data. Among the types of Personal Data that the Applications may, but does not necessarily, collect from you, by itself or through third parties, there are: geographic position, general activity data, movement activity, Cookies, Usage Data, first name, last name, email address, body measurements & indexes, sleeping activity, phone number and picture. Some information regarding phone and SMS usage may be obtained from your device in the case that you choose to contact an emergency hotline. Personal Data may be freely provided by the user of the Applications, or, in case of Usage Data, collected automatically. Failure to provide the requested Personal Data may make it impossible for Bastion Health to provide its Applications to you. In cases where the Applications specifically state that some Data is not mandatory, you are free to withhold this Data without any consequences on the availability or the functioning of the Applications. If you are unsure about what Data is mandatory, contact us at email@example.com.
Users are responsible for any third-party Data obtained, published or shared through the Applications and confirm that they have the third party’s consent to provide the Data to Bastion Health.
4.INFORMATION FROM THIRD PARTIES
Bastion Health may also may collect information about you that is received from other sources or from our offline interactions with you to, among other things, enable Bastion Health to verify or update information contained in Bastion Health’s records and to better customize the Applications for you. Bastion Health may combine information gathered from multiple parts of the Applications into a single record.
5.HOW YOUR INFORMATION IS USED
Bastion Health does not sell or license any Data that you may provide as you use the Applications. Except for those things stated below, Bastion Health Applications do not send your Data directly to Bastion Health and do not store any of your Data on your device or in the cloud-based storage solution associated with your device (i.e., iCloud or its equivalent).
Bastion Health attempts to minimize the amount of your Data stored or retained on your device. Nevertheless, the Applications may, but does not necessarily, collect Data from you for the following purposes:
- Registration. When you register for or download the Applications, or when a third party registers you for or downloads the Applications on your behalf, Bastion Health may collect your Personal Information as part of the registration process, including, but not limited to, your name, address, phone number, email address, sponsoring provider and program settings. SMS messages and email may be used during the registration process to send a one-time code and link to access the Applications.
- Personalization. Bastion Health may collect Data such as your picture in order to personalize the Applications.
- Notifications. Registered users of the Applications may receive notifications according to their user settings.
- Self-Reported Health Information. Bastion Health may collect the information that you enter while using the Applications, such as information regarding your health and/or medical condition and related behaviors.
- Provider-and-Payer-Reported Health-Related Information. Bastion Health may collect information about you that is submitted with your permission by your authorized healthcare provider or other third party while using the Applications, such as information about your health and/or medical condition, including information that is protected under HIPAA.
- Automatically Tracked Health-Related Information. Bastion Health may collect data such as cookies, geographic location, movement, heartbeat, change in altitude, data about surroundings, and geographic position data in order to provide specific features. Most browsers and operating systems will allow you to opt out of the Applications’ collection of geolocation information. Some operating systems will also allow you to opt out of the Applications’ collection of activity information. If explicit authorization has been provided, Bastion Health may share this data with your authorized healthcare provider or other third party to allow them to provide personalized services.
- Customer Support. Bastion Health may use your contact information to send you information about the Applications or information relating to your health, to respond to technical support inquiries, or to help prevent spam, fraud, or abuse. When you enter Data into an inquiries or contact form in any portion of the Applications, Bastion Health may use the information provided to reply to requests for information or other requests as indicated by the form.
- Managing Contacts and Sending Messages. Bastion Health may collect your email address, phone number and other contact information to communicate with you for purposes of registration or customer support, and to track usage of certain features in the Applications.
- System Logs and Maintenance. For operation and maintenance purposes, Bastion Health may collect files that record your interactions with the Applications (system logs) or other Personal Data (such as IP address).
- Surveys and User Research. From time to time, Bastion Health may send you survey questions or contact you with questions related to your experience to help Bastion Health improve the Applications. Bastion Health may collect any responses you provide. Participation in such surveys or user research does not impact your access to the Applications.
- Analytics. Bastion Health may collect and use your device’s unique identifier for analytics purposes or to store your user preferences, and may use Google Analytics or other third-party services.
- Research. Information collected by Bastion Health in conjunction with your use of the Applications may also be used for research purposes. In such event, use of your information will be subject to the terms of any applicable informed consent and/or other authorizations from you.
6.INFORMATION SHARING AND DISCLOSURE
Bastion Health does not rent, sell, or share your Data with other people or non-affiliated companies, except to provide products or services you have requested, when Bastion Health has authorization to share such information, or when Bastion Health provides information to companies or consultants working on behalf of or with Bastion Health under confidentiality agreements. These companies and consultants do not have any independent right to share your personal information. However, there are several categories of individuals who may have access to your information. These groups include, but may not be limited to, the following:
How We Protect Your Personal Information
The security of your information and data while using our Applications is very important to us. Our Applications employ a variety of technical safeguards to protect the confidentiality, integrity, and availability of your personal information including supporting Transport Layer Security (TLS)/Secure Sockets Layer (SSL) certificate technology and encryption.
In addition, healthcare providers with whom you connect may use a variety of physical, administrative, and technical measures to protect your personal information.
Contact Bastion Health
END USER LICENSE AGREEMENT
This End User License Agreement (“License”) sets forth the terms and conditions upon which you may download and use the Bastion Health mobile application for patients, including all related services, updates, enhancements, and upgrades provided to you (collectively, the “Product”). The Product is licensed, not sold, to you. As used herein, “you” and “your” refer to the individual or entity that wishes to use the Licensed Application. This Product, as subject to the license granted under this License, is referred to herein as the “Licensed Application.”
PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE USING THE APP. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE APP. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT BASTION HEALTH’S LIABILITY TO YOU. BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. Your use of this Product under this License is granted by Bastion Health, Inc. (“Licensor”). Licensor reserves all ownership and intellectual property rights in and to the Licensed Application.
This Licensed Application supports both iOS and Android devices (collectively, “Supported Devices”) and certain supported data networks, and enables users to access, review and use certain data (and perform certain actions with such data) where such data is provided by a connection to an instance of the Licensor’s server edition of the Product, an application licensed by a third party (typically, your medical provider) under a separate agreement with Licensor.
1.SCOPE OF LICENSE
- This license granted to you for the Licensed Application by Licensor is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Licensed Application on your Supported Device solely for the purpose of performing those functions and tasks available to you as an end user of the Licensed Application who: (1) connects to a properly licensed version of the server edition of the Product offered by Licensor and (2) who is using any Supported Device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any Supported Device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Licensed Application for any purpose other than as expressly permitted under this License. You acknowledge that Licensor may audit your use of the Licensed Application.
- Upgrades and Other Modifications. The terms of the license will govern any software upgrades, updates, and enhancements provided by Licensor that replace and/or supplement the original Product, unless such upgrades, updates, and enhancements are accompanied by a separate license in which case the terms of that license will govern, and you agree to promptly install any such upgrade and cease use of the prior version. Nothing in this paragraph creates an obligation for Licensor to prepare or provide any upgrades to the Product.
- Limitations on License. You further agree not to use the Product to do the following:
- Transmit, access, or communicate any data that you do not have the right to transmit or communicate under applicable law, including the Health Insurance Portability and Accountability Act of 1996 as modified by the Health Information Technology for Economic and Clinical Health act and all related rules, regulations, and related laws and acts (collectively, “HIPAA”), under similar more stringent state laws, or under a contractual or fiduciary relationship;
- Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit or communicate any data that contains software viruses or any other computer code, files, or programs designed, intended, or likely to interrupt, destroy, or limit the software functionality of any computer software or hardware or any telecommunications equipment;
- Interfere with or disrupt or circumvent the Product;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including laws related to securities exchange and any regulations, requirements, procedures, or policies in force from time to time relating to the Product;
- Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; or
- Use the Product while driving.
- Trademarks, service marks, graphics, and logos used in connection with the Product are the trademarks of Licensor. You are not granted any right or license with respect to any of the trademarks mentioned in this License and any use of such trademarks.
- Copyright Infringement. Licensor requires all Product users to comply with copyright law. As a condition to use the Product, you agree that you must not use the Product to infringe upon the intellectual property or other rights of Licensor or of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event you fail to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time.
2.CONSENT TO USE OF DATA
You agree that Licensor and the organization which is running the properly licensed server edition of the Product that you are then accessing through your use of the Licensed Application (each such entity, at the time of your access, “Your Bastion Health Provider”) may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your device, system and application software, and peripherals as well as personal information, user location data and user content (collectively “User Data”) to facilitate the provision of services or functionality for the Licensed Application, including, but not limited to authentication, performance optimization, software updates, product support and other services (if any) to you related to the Licensed Application or to otherwise improve Licensor’s products or to provide services or technologies to you. You acknowledge that use of the Licensed Application may result in User Data being transmitted between your device and a database server designated by Your Bastion Health Provider and that such User Data may be collected, stored, processed, maintained and used by Your Bastion Health Provider and/or transmitted or disclosed to or accessed by Licensor. More specifically, but without limiting the foregoing, you acknowledge that: (1) information regarding the hardware model and iOS version of the device on which you are running the Product may be collected, transmitted to and stored on a database server designated by Your Bastion Health Provider, may be transmitted to Licensor and may be used to make changes, updates or improvements to or to optimize the performance of the Product or to otherwise inform future development; and (2) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Licensed Application may be generated in connection with your use of the Product and may be collected, transmitted and stored on a database server designated by Your Bastion Health Provider and may be made available to Your Bastion Health Provider and may also be made available to Licensor for troubleshooting. BY CLICKING ON THE “ACCEPT” BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use the Licensed Application, you indicate you continued consent to such collection, storage, processing, maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as any collection, storage, transmission and use of data of the type and in the manner described in the About box, if any, located within the Licensed Application
3.MEDICAL ADVICE AND TREATMENT
The Product does not provide medical advice, diagnosis, or treatment. You acknowledge and agree that the Product is merely a conduit of information related to appointment scheduling, care coordination, and related functions by independent third party healthcare providers including yourself, physicians, physician assistants, nurses, paramedics, emergency care responders, other physician extenders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, “Healthcare Provider(s)”). You acknowledge and agree that the Healthcare Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Providers as they, in their sole discretion, deem appropriate. You further acknowledge and agree that Licensor does not provide or endorse any medical advice on or through the Product and no information obtained through the Product can be so construed or used. Licensor will have and exercise absolutely no control, authority, or supervision over the provision of any medical services or other professional health care services. The use of the Product, including all text, graphics, images, audio content, audiovisual content, data, other materials and any other information provided on or entered into or made available through the Product, including all healthcare related information, whether provided by you, the entity or organization with which you are employed or otherwise affiliated (“Your Organization”), other Healthcare Providers, or other third parties (collectively, “Content”) is solely your responsibility. Licensor will make all reasonable efforts in accordance with applicable laws and agreements to safeguard the integrity and availability of the Content. Further, when using the Product, information may be transmitted over a medium that may be beyond the control and jurisdiction of Licensor. Accordingly, Licensor assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Product that is reasonably determined to be beyond Licensor’s control. Accordingly, you acknowledge and agree that you are solely responsible for all medical services, advice, instructions, diagnoses, treatments, procedures, and other services you provide in connection with using the Product or otherwise.
This License is effective until terminated by you or Licensor. Licensor may, in its sole discretion and without prior notice, terminate your access to the Product for violations of this License or other agreements or guidelines, which may be associated with your use of the Product, or if Licensor deems it necessary in its sole discretion. Your rights under this License will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this License. Upon termination of this License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
5.SERVICES; THIRD PARTY MATERIALS
- Assumption of Risk. The Licensed Application may enable access to Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- Third Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties including Your Bastion Health Provider third party materials (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither the Licensor, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or data displayed by any Services or any Third Party Materials.
- Proprietary and Confidential Information. You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. You agree to comply with any applicable third party terms of agreement when using the Licensed Application, e.g., you must not be in violation of a wireless data service agreement when using the Licensed Application.
- In the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Licensor, not Apple or Android, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as described herein. Provided that you have used the Licensed Application in accordance with the terms of this Agreement and you promptly notify Licensor of any claim against you of the type described below, Licensor agrees to defend or settle, and to indemnify and to hold you harmless from, any such claim brought against you to the extent that: (1) it is a claim of infringement of any patent, copyright, or trademark, in each case enforceable in the United States; (2) it is based on the use of the Licensed Application in the form supplied to you by Licensor; and (3) it is not based on the use of the Licensed Application in combination with other hardware or software except to the extent the use of the Licensed Application alone would constitute an infringement or misappropriation. You will promptly notify Licensor in writing of the claim, promptly provide Licensor with the information reasonably required for the defense of the same, and grant to Licensor exclusive control over its defense and settlement. Licensor may at its sole option and expense: (i) procure the right for you to continue to use the Licensed Application; (ii) modify or replace the Licensed Application or such portion thereof as Licensor deems appropriate; or (iii) terminate your license to the Licensed Application and refund any fees you paid for use of the Licensed Application. This section states the entire liability and obligation of Licensor to you with respect to infringement of any intellectual property rights.
- Geographical Restrictions. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Supported Devices are not available in all languages or in all countries. The Licensor makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services or Third Party Materials at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services or Third Party Materials. The Licensor may also impose limits on the use of or access to certain Services or Third Party Materials, in any case and without notice or liability.
- Technical Support. Licensor’s technical support organization may provide technical support for the Licensed Application directly to Your Bastion Health Provider under a separate agreement, but Licensor does not provide technical support to your or any end user. Licensor and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6.DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“APPLICATION SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS AUTHORIZED REPRESENTATIVE, OR YOUR BASTION HEALTH PROVIDER SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT OF ANY FAILURE OF THE LICENSED APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE LICENSED APPLICATION TO YOU IF ANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE LICENSED APPLICATION. APPLE SHALL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PROGRAM AND NO OBLIGATION TO ADDRESS ANY OF YOUR CLAIMS OR CLAIMS OF ANY THIRD PARTY RELATING TO THE LICENSED APPLICATION OR YOUR POSSESSION AND/OR USE OF THE LICENSED APPLICATION, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE LICENSED APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
7.LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OR MODIFIED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, APPLICATION SERVICES, SERVICES, OR THIRD PARTY MATERIALS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Restrictions. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Product for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- S. Government Users. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Licensor. The Licensor of the Licensed Application is Bastion Health, Inc. and is located at: 850 NEW BURTON RD, STE. 201 DOVER, DE 19904.
- You acknowledge that Licensor does not provide technical support to you or any end user and your support, if any, for the use of the Licensed Application would be provided directly by Your Bastion Health Provider. You may contact Licensor with any questions, complaints or claims with respect to the Licensed Application at firstname.lastname@example.org.
- Third-Party Beneficiary. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this license, and that, upon your acceptance of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this License against you as a third party beneficiary thereof.
- Choice of Law; Venue. The laws of the State of Delaware, excluding its conflicts of law rules, govern this license, its construction, and your use of the Licensed Application. Any action arising under this License shall be brought exclusively in Delaware and you and Licensor expressly consent to the personal jurisdiction of the state and federal courts located in Delaware for such purposes. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
- Severability. The provisions of this License are severable. The invalidity, in whole or in part, of any provision of this License will not affect the validity or enforceability of any other of its provisions. If one or more provisions of this License are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of this License.
Bastion Health (GetBastion.com) Terms & Conditions
Effective as of 2021.04.01
1. Introduction: Your Personalized Pregnancy Journey
2. Payments and Cancellations
3. What’s included in My Subscription
5 Platform License, Ownership and Use
6 Privacy and Customer Data
7. Terms and Termination
8. Indemnification and Liability
9. IP Infringement.
11. LIABILITY LIMITATIONS.
13. User Guidelines
15. Contact us
Hello, and welcome to the Terms and Conditions of Use (“Terms”). The Terms you see below are important because they:
1. Outline your legal rights on Bastion Health or GetBastion.com
2. Explain the rights you give to us when you use Bastion Health or GetBastion.com
3. Describe the rules everyone needs to follow when using Bastion Health or GetBastion.com
4. Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration
Please read these Terms and our Privacy carefully.
1. Introduction: Personalized, Preparatory Healthcare for Pregnancy
Welcome to Bastion! Bastion combines top-rated doctors with advanced technology to understand your reproductive health today and guide you through your pregnancy journey. Our doctors come from top universities and have completed their residencies at premier institutions.
YOUR PERSONALIZED PREGNANCY JOURNEY WITH BASTION
- Measure and understand your reproductive health. Your journey begins with an in-depth review of your health data – sperm health, medical history, family history – and a complete physical exam. Your doctor will highlight opportunities to proactively improve your health.
- Assess your reproductive health
- Build your medical and family history profile
- Developing your personalized pregnancy plan. Develop your personalized plan oriented towards your goal, and we will track your progress together, including proactive check-ins along the way. Together with your doctor and care team, you will review your unique health insights and create actionable steps to achieve your goals. These can be anything from losing weight to minimizing anxiety to improving the quality of your sleep.
- Review options with your doctor
- Align upon steps for your care
- Track progress towards your goal
- Monitor your health with your care team. The Care Team will also follow up on your care plan: everything from checking to see if you received your prescription to collecting records for you. Get helpful tips for your wellness including sleep, exercise, stress and nutrition. Our mental health and nutrition assessment, available in the mobile app, will ask you a series of questions about your mental health and diet. Results are reviewed by the Care Team, offering immediate support and medical guidance as needed. We encourage checking in on the app frequently, so together with your doctor you can track changes and progress over time.
- Receive check-ins from your care team
- Update your care team on progress
- Get 24/7 answers
- Adjust Your Care Plan During Unlimited Visits. Members have unlimited access to their doctor and Care Team, including unlimited virtual visits through the mobile app. You will never receive a surprise bill.
- Adjust your plan with new insights
- Meet with doctor when needed
- Book virtual visits
- Refresh Your Assessments & Sperm Health Routinely
- Reminders for needed updates
- Schedule follow-ups easily in-app
- Review results to track progress
By signing up or otherwise using any of these Bastion services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Bastion Service” or “Service”), or accessing any educational material or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Bastion Health, Inc.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Bastion’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Bastion Service or access any Content.
In order to use the Bastion Service and access any Content, you need to (1) be 18 years or older and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to Bastion is true, accurate, and complete, and you agree to keep it that way at all times.
At the beginning of your membership, you will select your care doctor and be assigned a care team. Together you and your doctor complete your baseline visit to establish your goals and personalized plan. Throughout the subscription, you’ll have an opportunity to build a relationship with your doctor through shared decision-making based on trust and transparency.
- Payments and Cancellations
- Trial Period.
Once Bastion notifies Customer that set-up and configuration are completed, Customer may test the Platform and any initial Applications provided under initial agreed-to Subscription Orders for a trial period of 14 days (the “Trial Period”). At any time prior to expiration of the Trial Period, Customer may elect to cancel this Agreement and all initial agreed-to Subscription Orders for Applications by unsubscribing to Bastion (“Cancellation Notice”), whereupon (a) Bastion shall take down Customer’s profile and access authorization and (subject to archive retention requirements, if any) delete the Customer Data retained in the Platform, and (b) Customer shall cease use of the Platform and Applications and permanently delete any Output obtained by Customer from use of the Platform or Applications. Testing and use during the Trial Period are for evaluation purposes: Bastion shall have no liability for any interruption or error arising from its services or use of the Platform or Applications during set-up and configuration or the Trial Period. If Customer does not provide Bastion with a Cancellation Notice by the date of expiration of the Trial Period, then this Agreement will remain in effect for the Term of This Agreement and until the end of the Subscription Period specified for each Application.
Important details regarding your “free 14-day trial” (herein referred to as a “Trial Membership”): Membership fees otherwise chargeable are waived for the 14-day period.
- Trial Memberships are valid only for use by adults in the United States. Trial Memberships may not be resold by Customer.
- On-demand 24/7 virtual care (e.g. “Video Chat” or “My Care”) is offered at no cost to the user of the Trial Membership (“User”) during the 14-day period of the Trial Membership.
- Any other care sought, including without limitation, in-office care, and third-party charges such as prescriptions may have associated fee for service charges.
- Additionally, lab fees for any testing may be chargeable (whether directly to authorized user or their insurance) by third parties (e.g. LabCorp). Bastion Health LLC has no liability for any such charges.
- Activation of Trial Memberships require authorized user to insert appropriate credit card information.
- Trial Memberships will automatically renew at 15 days at the then current Bastion Health LLC consumer monthly membership fee unless User cancels before the renewal date.
Meaningful, lasting changes in health and lifestyle take time. Because of that, we recommend that you plan for a six-month commitment. We believe this gives you, your doctor, and your Care Team the necessary time together to build a lasting relationship and provide you with the support you need to reach your pregnancy/fertility/reproductive goals.
However, the subscription is on demand and you can cancel anytime.
You may purchase a Paid Subscription directly from GetBastion or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Bastion Service for a specific time period (“Pre-Paid Period”).
Bastion may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Bastion Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
- Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Bastion or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods. If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party. If Customer cancels this Agreement prior to expiration of the Trial Period in accordance with Section 2.2 above, then no subscription fee will be due to Bastion for initial subscriptions for Applications. If Customer does not so cancel, then the subscription fee for each initial Application under any agreed-to Subscription Orders will be due as provided in each Subscription Order.
- My Subscription: What’s Included
- Unlimited doctor visits. Bastion prioritizes time with your doctor, so that you can leave with peace of mind knowing your questions were answered.
- 24/7 messaging. Questions answered by your doctor and a dedicated care team anytime,
- Mental health support. Bastion prioritizes your mental health with a check-in tool in the app, direct access to doctors and prescription guidance as
- Men’s health. At Home diagnostic devices for Sperm Health and preventive screening for prostate health and
- Prescription delivery. Medications delivered to your home, scheduled via the bastion
- Nutrition plan. Personalized nutrition plan that can be tracked on the bastion app. Personalized nutrition meals delivered to your home through our partners, scheduled via the bastion
- Customized Learning Content/Library . Personalized learning journey to help you achieve you health
Bastion provides online support and can be contacted emailing email@example.com.
- Platform License, Ownership and Use
5.1. License for Mobile Application
Subject to the terms and conditions of this Agreement, during the Term of this Agreement and until the end of the Subscription Period specified for each Application, Bastion grants Customer a non-exclusive, revocable, non-transferable, non-sublicensable right: (i) to permit Customer’s employees to access and use the Platform and Applications, and, upon Bastion’s prior written approval (which Bastion will not unreasonably withhold), to permit one or more independent contractors to do the same on behalf of Customer, (ii) to submit Customer Data to the Platform and to receive and use output available to Customer from the Platform and Applications, including output that combines or derives from Customer Data (the “Output”), and (iii) to use the Basic Platform Functionality provided by the Platform and the functionality of the Applications, in each case solely in order for Customer to [description of the business use or purpose that is supported] (“the Permitted Purpose”). The employees and approved independent contractors who are permitted to access and use the Platform and Applications are referred to as “Authorized Users.”
5.2 Authorized Users.
The total number of Authorized Users who are permitted to access and use the Platform and Applications during any calendar quarter (i.e., January 1 through March 31, and each 3-month period thereafter) or portion thereof, regardless of whether they actually do so or do so concurrently, will be limited in each quarter to the maximum number of Authorized Users prescribed in each Subscription Order for the corresponding Application. Customer will permit only its Authorized Users to use the Platform and Applications, and such Authorized Users may do so only in compliance with the terms and conditions of this Agreement. Customer is responsible for the use of the Platform and Applications by anyone acting for or on behalf of Customer, including all Authorized Users, and including all persons who use Customer’s passwords (whether or not authorized by Customer).
5.3. Ownership of Platform and Applications.
Customer acknowledges that Bastion is and will remain the sole and exclusive owner of all right, title and interest in and to the Platform, the Applications, and the Output, including any intellectual property rights therein, subject to the licenses expressly granted to Customer herein. Bastion acknowledges that the Customer is and will remain the sole and exclusive owner of all right, title and interest in and to its Customer Data, subject to the licenses expressly granted to Bastion herein. Bastion shall have the unrestricted right to use any suggestions or improvements pertaining to the Platform or Applications arising as a result of any interactions or communications between the parties. This Agreement does not grant Licensee any right in the algorithms, rules or models used or created by Bastion for the operation of the Platform or Applications, or the collection or analysis of Customer Data to produce the Output.
- Privacy and Customer Data
6.2. Use of Data.
Customer agrees that Bastion and its subcontractors and third party Bastions may use the Customer Data in order to perform Bastion’s obligations under this Agreement, to provide or support the Applications, and to produce the Output. In addition, Bastion may aggregate Customer Data with other data created, acquired or derived by Bastion for purposes such as modeling, analyzing trends, developing and improving the Platform and existing and new Applications, and reporting on metrics. Customer will not share or sell Customer Data in any form that identifies Customer or its clients or transactions.
6.3. Data Security.
Bastion will implement commercially reasonable security procedures to protect the Customer Data or any portion thereof in its possession against unauthorized disclosures, changes in content, or use in violation of this Agreement or the Subscription Orders. Bastion, and any subcontractors to whom Customer Data in unencrypted form is provided, shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and physical security measures against the destruction, loss, unauthorized access or alteration of such Customer Data in the possession of Bastion or such subcontractors, and which shall be (a) no less rigorous than those maintained by Bastion for its own information of a similar nature, (b) no less rigorous than accepted security standards in the industry, (c) adequate to meet Customer’s legal requirements as each is communicated to Bastion, such as litigation hold requests, and (d) otherwise in compliance with all applicable laws, provided that Bastion shall be entitled to reasonable compensation and reimbursement of expenses if any change in its systems or procedures or significant other additional effort is required to meet a litigation hold request or similar unique legal requirements.
6.4. Notice of Security Breach.
In the event Bastion discovers or is notified of a breach of security involving Customer Data in the possession or control of Bastion or its subcontractors which creates a risk of loss, theft or misuse of the Customer Data, Bastion shall immediately (a) notify Customer, as applicable, of such breach, (b) investigate (in consultation with Customer, as applicable) such breach, (c) perform a root cause analysis and prepare a corrective action plan, (d) provide written reports of its findings and proposed actions to Customer, as applicable, for its review and approval, and (e) to the extent such breach results from the acts or omissions of Bastion or its subcontractors or affiliates, remediate such breach of security in accordance with Section 6.5 and take commercially reasonable actions to prevent its recurrence.
- Term and Termination
The Agreements will continue to apply to you until terminated by either you or Bastion . However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Bastion may terminate the Agreements or suspend your access to the Bastion Service at any time, including in the event of your actual or suspected unauthorized use of the Bastion Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Bastion terminate the Agreements, or if Bastion suspends your access to the Bastion Service, you agree that Bastion shall have no liability or responsibility to you, and Bastion will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Bastion account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
- Indemnification and Liability
You agree to indemnify and hold Bastion harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Bastion Service; and (4) your violation of any law or the rights of a third party.
- IP Infringement.
If the Platform or Application (or any portion thereof) becomes the subject of an intellectual property infringement or misappropriation claim caused by Bastion’s operation or design of the Platform or Application, Bastion will (a) replace or modify the infringing portion to avoid the infringement claim, while providing substantially equivalent functionality, (b) secure Customer’s right to continue use of the Platform, or (c) remove the infringing portion. If such removal has a material adverse impact on the use of the Platform, then Customer may terminate this Agreement upon written notice to Bastion without liability of any kind to either party. Section 6.1 and this Section 6.2 together state Customer’s exclusive rights and remedies with respect to any intellectual property infringement or misappropriation by Bastion or the Platform.
THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND BASTION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR WRITTEN, WITH RESPECT TO THE PLATFORM AND THE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. BASTION DOES NOT WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, NON-INFRINGING OR ERROR FREE, OR THE TIMELINESS, ACCURACY OR ADEQUACY OF ANY RESULTS RELATED TO THE PLATFORM, OR THAT THE PLATFORM WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS.
- LIABILITY LIMITATIONS.
EXCEPT WITH RESPECT TO (A) CUSTOMER’S VIOLATION OF THE TERMS AND CONDITIONS OF ITS LICENSE IN SECTION 2, (B) EACH PARTY’S OBLIGATION TO INDEMNIFY THE OTHER UNDER SECTIONS 6.1 AND 6.2, (C) CUSTOMER’S PAYMENT OBLIGATIONS DUE UNDER THIS AGREEMENT AND ANY SUBSCRIPTION ORDER, AND (D) BASTION’S OBLIGATION UNDER SECTION 6.5: NEITHER PARTY WILL BE LIABLE TO THE OTHER IN CONNECTION WITH THIS AGREEMENT OR ANY SUBSCRIPTION ORDER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST DATA, OR FINANCIAL RESULTS OR LOST PROFITS, HOWEVER CAUSED AND UNDER WHATEVER THEORY OF LIABILITY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (Y) EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT AND THE SUBSCRIPTION ORDERS, CONSIDERED IN THE AGGREGATE, FOR WHATEVER CAUSE, WHETHER IN AN ACTION IN CONTRACT OR IN TORT OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL IN NO EVENT ON A CUMULATIVE BASIS EXCEED AN AMOUNT EQUAL TO THE AGGREGATE OF ALL SUBSCRIPTION FEES ACTUALLY PAID BY CUSTOMER TO BASTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE TIME THAT THE CLAIM FIRST AROSE.
- . Miscellaneous
All notices hereunder by either party will be given by emailing firstname.lastname@example.org or email@example.com
Neither this Agreement nor any Subscription Order may be assigned or transferred by either party. Any attempted assignment without such consent will be void. Notwithstanding the foregoing, either party may assign its rights and obligations under this Agreement and all Subscription Orders, in whole but not in part, without the other party’s permission, in connection with any merger, consolidation, reorganization, sale of all or substantially all of such assigning party’s assets or equity, or any other similar transaction. Subject to the foregoing, this Agreement and each Subscription Agreement are binding on the parties hereto and their respective successors and permitted assigns.
12.4. Subcontractors and Third Party Bastions.
Nothing herein prohibits Bastion from using subcontractors, independent contractors or other third parties to perform functions on behalf of Bastion, or to otherwise provide services in connection with the Platform.
12.5. Governing Law and Venue; Dispute Resolution.
This Agreement and each Subscription Order will be governed by the laws of the State of Delaware without regard to any choice of law principles that would lead to the application of the laws of another jurisdiction.
12.6. Force Majeure.
Neither party will be responsible for any delay, interruption or other failure to perform under the Agreement or any Subscription Orders due to acts, events and causes beyond the control of such party, including, without limitation, acts of God, fires, floods, storms, earthquakes, riots, terrorism or restraints of government, interruptions of Internet, third-party facilities, equipment or telecommunications, or acts of third parties beyond a party’s reasonable control.
12.7. Modifications, Waivers.
This Agreement will not be deemed or construed to be modified, amended, or waived, in whole or in part, except as set forth herein or by a separate written agreement duly executed by the parties to this Agreement. Failure to enforce any term or condition of this Agreement or any Subscription Order will not be deemed a waiver of the right to later enforce such term or condition or any other term or condition of this Agreement.
If any provision of this Agreement or any Subscription Order is deemed to be invalid, illegal or unenforceable, then the validity, legality or enforceability of the remainder of this Agreement and the Subscription Orders shall not in any way be affected or impaired thereby.
12.9. Entire Agreement.
This Agreement and applicable Subscription Orders contain the entire agreement and understanding between Bastion and Customer with respect to the subject matter thereof and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating to such subject matter.
12.10. No Third-Party Beneficiary.
This Agreement and each Subscription Order (a) is entered into solely between the parties and will not be deemed to create any rights in or obligations of any third parties; (b) will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this Agreement; and (c) may be executed in one or more counterparts, all of which taken together will constitute one single agreement between the parties. This Agreement may be executed in counterparts by facsimile or electronically scanned signature in portable document format (“.pdf”), each of which shall be deemed an original and all of which together shall constitute one and the same document.
- USER GUIDELINES
Please respect Bastion, the owners of the Content, and other users of the Bastion Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that: is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Bastion or a third party; includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Bastion; links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Bastion; interferes with or in any way disrupts the Bastion Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Bastion’s computer systems, network, usage rules, or any of Bastion’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by Bastion.
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Bastion reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Bastion account. You also agree that Bastion may reclaim your username for any reason.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
- How long is the trial? The trial is valid for 14 days, during which you will have full access to all our premium features including Unlimited calls with your doctors, Access to premium, customized content, curated for you and your own Personal care coordinator.
- When will I be charged for the subscription? You will be automatically charged upon the completion of your trial subscription.
- Will I have to pay if my first call with the Bastion is after the end of the trial? Your paid subscription will begin at the end of the trial. You will be provided with ample opportunities to book a call with your Bastion before the end of the trial. If you have trouble finding an appointment slot before the end of your trial, please email our support team at firstname.lastname@example.org and we will work to get you an appointment before the end of the trial.
- I cannot make it to my appointment and want to reschedule. What should I do? You can reschedule your appointment with your doctor 24-hours before the scheduled appointment. If you have trouble finding an appointment slot, please email our support team at email@example.com and we will help you reschedule. If you are a no-show on the appointment without prior intimation, you will be charged a cancellation fee of $50 (for trial subscribers)
- Can I choose the Bastion I want to work with? Yes, you have access to the list of our doctors even before you sign up for the trial subscription. You can view their detailed profiles that lists their credentials, qualifications, education and other details to help you pick a Bastion that is right for you. You can also view their two-month calendar to pick a time to talk with them.
- Can I book a call with my specialist every day if I wanted to? Yes, you can book a call with your specialist everyday, provided he has appointment availability. However, you will not be able to book a call if you already have a call scheduled but the booking portal for fresh appointments will open after after you have completed your appointment.
- I used the free-trial but do not want to sign up for the subscription. What should I do? Your card will be charged only at the end of the trial period. As long as you cancel your subscription before the end of the trial, you will not be charged. To learn how to cancel your subscription, <go to account settings and click on “Cancel Subscription”>.
- I want to cancel my subscription. What should I do? If your subscription is active, you can cancel anytime. Once you cancel, your subscription will still be active for the month that you have paid for and you can still access all the benefits the subscription provides. Your card will not be charged again the next month.
- CONTACT US