Apt Health Terms of Use

This Terms of Use (“Terms of Use” or "Agreement") is a binding agreement between you ("End User" or "you") and Apt Health ("Company" or “APT”). This Agreement governs your use of the APT System (including all related documentation, the "Application").

 

BY ENTERING YOUR REGISTRATION CODE AND DOWNLOADING AND INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

 

You must be at least 18 to register on our Service.

  • YOU SHOULD SEE YOUR DOCTOR IF YOU HAVE MEDICAL CONCERNS.

  •  Modifications and interruptions: We may occasionally have outages in our App or we may modify or suspend the App at any time. 

  • Truthful information: You will need to provide personal information in order to use the App and you agree to provide information that is truthful and up to date.

  •  Ownership and license: We own the App and all rights in the App, but we grant you limited rights to use the App as set forth in the EULA, which is incorporated herein by reference. If you provide us any feedback about the App, we own that feedback. 

  • User-submitted content: Information provided by users of the App or other third parties may not be accurate, and we are not responsible for this content. You may not post content on the App unless you own it and you created it.

  • Content complaints: Please email complaints about our Platform to info@apthealth.com.

  • Copyright infringement: If you believe content is on the App without your permission, please notify us at info@apthealth.com. 

  • Restricted activities: When you use the App you are not allowed to do certain things as listed in Restricted activities section, below.

  • Mobile devices: If you access the App from a mobile device, you are responsible for any cellular data charges by your carrier. When you download our App, the store’s terms will apply, however, these Terms of Use govern the use of the Mobile App itself. 

  • Disclaimers and Limitation of Liability: We don’t provide any warranties for the App. Your use of the App is at your own risk. The App is offered “as-is”. 

  • Change in Terms: We may change these Terms of Use when we change the App or for other reasons. We will post the new Terms of Use on the Site, your use of the App after they are posted means you have accepted them. We reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use on an accessible page of our Service. Your continued use of the App after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. 

 

The Health Reward Program

 

This App provides users with maximum aggregate rewards that may be earned during each calendar year for participation in Health Rewards and will not exceed $75.00. A Health Reward is a cash-equivalent amount you earn when you complete a task within the app. For example, reading a Health Tip may provide you with a reward of $0.05. You can cash out your rewards to an Amazon claim code using the app. You will not receive any reward stated in any Health Opportunity even if you complete it, if and to the extent that the reward would result in the total rewards earned by you during any calendar year to exceed $75.00.  Any such excess will not be carried forward to any future year.

 

The posting of rewards may take up to thirty (30) days after the completion of a Gap in Care. A gap in care is when a recommended screening or immunization is not fulfilled. For example, not getting a flu shot or not getting screened for colon cancer per clinical guidelines. No rewards will be earned for filling any Gap in Care outside the network of the sponsoring organization. In other words, you must have your visit or procedure within the sponsoring organization in order to receive your reward.

 

If you choose to close your Health Rewards account, you will be notified of the balance of the rewards in your account and will be asked to cash out that balance. If you close your Health Rewards account prior to cashing out the balance of your rewards, the entire balance of your rewards will be forfeited.

 

If at any time you cash out the balance of your rewards, an Amazon claim code in the amount of that balance will be provided to you. You will be solely responsible for any error that results in the Amazon claim code being transmitted to anyone other than you.

 

You will be notified by email if, at any time, the Health Rewards program will be discontinued.  You will have fifteen (15) days after that email is sent to you to cash out the balance of the rewards in your account. Any rewards that have not been cashed out by the end of that fifteen (15) day period will be forfeited.      

 

The App is intended primarily for informational and wellness purposes. We may integrate with various services provided by third parties, such as fitness devices, or your provider. Your use of any features and other content and services provided by third parties—including third party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than APT will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. 

 

The App contains information about APT, our products and services, and health and wellness. No part of the App is, however, intended to be, or to be used in place of, medical advice. Please read this important notice carefully: 

 

THE APP, INCLUDING ALL OF THE WEBSITES, SOFTWARE AND CODE COMPRISING OR USED TO OPERATE THE APP AND ALL OF THE TEXT,  PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, SOUND RECORDINGS, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS AVAILABLE ON THE SERVICE (COLLECTIVELY, “CONTENT“), WHETHER PROVIDED BY US OR BY USERS OF OUR SERVICE, OUR COMMUNITY OR MESSAGING FEATURES, OR BY OTHER THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN  PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. OUR CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. ANY ADVICE OR INFORMATION YOU RECEIVE FROM A THIRD PARTY THROUGH OUR SERVICE (INCLUDING COMMUNITY POSTINGS, HEALTH COACHES, AND COMMUNICATIONS THROUGH ONLINE CHAT OR OTHER COMMUNICATION) HAS NOT BEEN VERIFIED BY APT AND SHOULD NOT BE RELIED UPON WITHOUT VERIFICATION FROM YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR LOCAL EMERGENCY SERVICES. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE APP, AND YOU SHOULD NOT USE OUR CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. ADDITIONALLY, THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND US. 

  

Copyrights and trademarks. With the exception of any content you or your provider may provide through the App (as described below), as between you and APT, APT and its licensors own and reserve the copyrights in the App, including all of its content. All trade names, trademarks and service marks displayed on the App are the registered or unregistered trademarks of APT, its licensors, or other third parties (collectively, the “Trademarks“) and are protected by U.S. and international trademark laws and treaties. 

  

Feedback. We welcome your comments, feedback, suggestions, and other communications regarding the App (collectively, “Feedback“). By submitting Feedback, please note that we will be entitled to reduce to practice, exploit, make, use, copy, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way, except for Feedback that identifies your personal health information, which it will not publicize without first obtaining your signed authorization. You agree that you will not make a claim that Feedback constitutes your confidential information, that any limits apply to APT’s right to use the Feedback, or that you are entitled to compensation or recognition for APT’s use of Feedback. 

  

Any information or content uploaded, posted, submitted, or otherwise made available by individual users of the App, including without limitation health information, wellness advice, comments, and any other content which does not originate with APT (“User Content“), is the sole responsibility of the person who made such User Content available on the App. Under no circumstances will APT be liable in any way for any User Content made available through the App by you or any third party. 

  

Since APT does not control User Content posted on the App, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the App, you may encounter content that you may consider to be objectionable. APT has no responsibility for any User Content, including without limitation any errors or omissions therein. The APT Parties (as defined below) are not liable for any loss or damage of any kind incurred as a result of any User Content on the App.

 

APT does not claim ownership of User Content you submit or make available for inclusion on the Apps. APT has categorized User Content as follows, with the associated rights described below: 

  

  1. ”Public Content” is any User Content you submit or make available for inclusion on publicly accessible areas of the App (for example, comments you post on a message board). You grant APT a worldwide, perpetual, irrevocable, royalty-free, fully paid up, non-exclusive, transferable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your Public Content, and to incorporate your Public Content into other works in any format or medium now known or later developed. You understand that because you have made Public Content visible to anyone with access to our Services, it is possible that other users have seen and copied that Public Content and it may not be possible to ensure removal of Public Content from all sources even if it has been removed from our Services. 

  2. “Private Content” is any User Content you submit to the App but which is not intended to be publicly available (for example, content you input into a non-publicly displayed program on our Services, or the private information you submit when you register, other than your publicly visible user name and information in your profile that you share publicly). You grant APT a worldwide, royalty-free, fully paid up, non-exclusive, transferable license to use, distribute, reproduce, modify, and adapt your Private Content, and to incorporate your Private Content into other works in any format or medium now known or later developed, for the purposes of (i) providing the App for which such Private Content was submitted or made available (for example, to facilitate a program in which you have elected to participate, or to notify the program’s sponsor that you are eligible to receive a prize) or (ii) to create de-identified, anonymized and aggregrated data repositories for analytics purposes. If your Private Content includes any Protected Health Information (“PHI”) governed by HIPAA, the foregoing license and rights granted therein are limited solely to the extent required by HIPAA, and we will not share your PHI with others unless you have authorized such sharing. This license will terminate at the time you remove or APT removes such Private Content from the App. 

  3. “Personal Information” Depending on what you input into the App, it is possible that Personal Information may be found within Private Content and/or Public Content. Rights and potential uses of Personal Information are set forth in our Privacy Policy

 

APT reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the App. You agree that the exercise by APT of such discretion shall not convert or transform User Content to content owned or provided by APT, and the user who made such User Content available on the App will retain ownership thereof as described below. 

 

Complaints

 

If you believe that any User Content on our Service violates these Terms of Use or is otherwise inappropriate, please report the content by sending an email to: 

info@apthealth.com. 

 

Copyright Infringement

 

In the event that you find Content posted on our Service which you believe to be an infringement of the copyright ownership or other intellectual property rights of your company or any third party, you are requested to immediately contact APT’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”): 

 

  • your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner; 

  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner; 

  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; 

  • if your claim is based on a registered work, the registration number, and the date of issuance of the registration; 

  • a description of the infringing material and the URL where such material is located on the App, or a description of where on our Service you found such material; 

  • your written statement that you believe, in good faith, that the use of the work on our Service has not been authorized by the true owner of the work, its agent, or as a matter of law; and

  • a statement that all of the information you have provided is true. 

 

Please send your notice to: 

 

Apt Health, Inc. 

Attn: DCMA Notice

DMCA Copyright Agent

4685 MacArthur Court #210

Newport Beach, CA 92660

  

E-mail: info@apthealth.com, subject line “DMCA Notice” 

 

In accordance with the DMCA, it is the policy of APT to terminate use of the App by repeat infringers in appropriate circumstances. 

 

Restricted Activities

 

You may not engage in any of the following with regard to the App (including without limitation posting or transmitting content through the App), and you agree not to use the App to: 

  • violate or encourage the violation of any local, state, national, or international law or regulation; 

  • collect or store personal data about other users of our Service or solicit personal information from any individual; 

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; 

  • send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by APT in its sole discretion; 

  • infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; 

  • promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes; 

  • disrupt or interfere with the security or use of the App or any websites or content linked to them; 

  • interfere with or damage the App, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to the App; 

  • attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) APT or create or use a false identity;

  • attempt to obtain unauthorized access to the App or portions thereof that are restricted from general access; 

  • use any meta tags or any other “hidden text” utilizing the APT name, trademarks, or product names; 

  • attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the App; 

  • reproduce, make available, or otherwise use any portion of the App for any commercial purpose; 

  • engage in any activity that interferes with any third party’s ability to use or enjoy the App; or 

  • assist any third party in engaging in any activity prohibited by these Terms of Use. 

 

Mobile devices and Third-Party Restrictions

 

When you download the App, you will also be subject to any terms imposed by the “store” through which you obtain the App, if any (e.g. the Apple App Store or Google Play Store, or others). Our App must be installed on a device you control or own and must be used in accordance with any applicable terms from the App Store or other “store.” 

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

 

TO THE FULLEST EXTENT PERMITTED BY LAW, APT, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE  “APT PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICE. 

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. OUR SERVICE AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE APT PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICE. UNDER NO CIRCUMSTANCES, WILL ANY OF THE APT PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY APT PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE APT PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

 

Indemnification

 

You agree to indemnify and hold the APT Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your posting of any content on the App, or other use of App in a manner not permitted by this Agreement, the EULA and/or the Privacy Policy,  including without limitation your actual or alleged violation any of these agreements, or infringement of a third party’s intellectual property or other rights by you or another user of our App using your computer, mobile device or account. 

 

General

 

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers will only be effective if they are made be in writing by the party to be bound. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect. 

 

These Terms of Use, EULA and Privacy Policy set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and APT with respect to the subject matter hereof. 

 

Contact Us

 

If you have any questions or concerns regarding these Terms of Use, please feel free to contact us directly at:  

info@apthealth.com 

 

Apt Health, Inc. 

4685 MacArthur Court

Suite 210

Newport Beach, CA 92660

(800) 838-2129