Terms and Conditions of Use
1. Introduction and Definitions
The following Terms of Use (“Terms”) govern access to and usage of the Zomo Health digital wellness platform (“Platform”) encompassing:
– Assessment tools
– Biometric tracking devices
– Coaching and expert resources
– Gamification and social motivation
– Populations analytics and aggregate reporting
– Related systems and solutions (collectively “Tools”)
Offered by Zomo Health LLC and/or its affiliates (“Zomo Health” or “Company”) to contracted customer organizations sponsoring employee participation (“Customers”) as well as their enrolled members, personnel and beneficiaries (“Individual Users”).
2. Granting of Qualified Access
Credentialing of Users
Registration and enrollment requires setup of a unique profile with User ID and password issued by Zomo Health tied to an individual end user or population grouping.
Permissions by User Type
Access privileges vary based on User profile – whether Customer Administrator with oversight powers or Individual User issued restricted views into assessments, progress dashboards and interactions.
Authentication Factors
Multi-factor authentication enforced for accessing more sensitive Identifiable Health Information data versus De-Identified analytics.
Permitted Devices
Explicit listing of interfaces supported – web, mobile, wearables, remote monitoring tools.
3. Appropriate Use Cases and Restrictions
Intended Uses
Outlines allowing accessing Platform for enrolling in coaching services, completing health assessments, logging biometrics, participating in team challenges – aimed at sustaining engagement in lifestyle improvements for healthier outcomes.
Prohibited Activities
Details potential misuses – circumventing access controls via credential sharing, providing false inputs, commercial exploitation of data, economies of scale violations.
Risk Thresholds and Sensitivity Tiers
References structured criteria, established governance policies and ethical standards guiding determinations of inappropriate usage.
4. Healthcare Regulatory Compliance
HIPAA Conformance
Mandates data handling, privacy/security protocols, breach response processes be maintained compliant to Health Insurance Portability and Accountability Act standards by Zomo Health team.
Medical Liability Disclaimer
Zomo Health’s digital wellness tools and recommendations provided through the Platform are supplementary aids only – not intended as clinical diagnoses, treatment or guaranteed outcomes.
5. Ownership, Copyrights, Trademarks
Intellectual Property
All Platform components and Tools including text, media, interactives, instructional content, software codebases developed by and are proprietary to Zomo Health with exceptions called out explicitly.
References and Third Party Licenses
Any authorized interoperating apps, lab connections, wearable devices integrated may present their own terms of use independently extending usage permissions explicitly and exclusively for capabilities enabled via their solutions.
User Submissions
Customers and Individual Users uploading inputs to Platform grant limited licenses to Zomo Health to maximize motivational affordances, insights generation and care quality improvement.
6. Integration and Linkages with External Services
Disclaimers for biometric devices, lab records platforms and any other third party tools bridging into Platform – Zomo Health is not responsible for accuracy, privacy controls or service guarantees associated with data and utilities accessible via these external partnerships. Users understand it’s at their own discretion to connect such apps with recognition of risks.
7. Disclaimers, Exclusions of Warranties & Limitations of Liability
Exclusions of Service Quality Assurances
Zomo Health strives to provide robust, accurate capabilities but offers no warranties around reliability, availability, accuracy of health indicators tracked nor coaching efficacy in achieving targeted outcomes for users.
Mutual Indemnity
Customers and Individual Users agree to hold Zomo Health harmless from third party claims associated with deference given to Platform recommendations or User’s interactions – absent gross negligence or legal violations by Company.
Damage Limitations
For claim damages associated with usage under the Terms here, Zomo Health’s liabilities are capped at 1 X of annual subscription fees paid given tools meant as supplemental engagement aides despite best efforts.
8. Payment Transactions and Services Continuity
Billing and Renewals
Describes cycles, notice periods, changes implications, cancelation workflows.
Service Suspensions and Reactivation
During account holds – details accessibility, permissions impacts and ensuing restoration protocols.
M&A Clauses
Outlines procedures regarding User agreement continuity, rights transfers in scenarios involving corporate restructuring or merger & acquisition events pertaining to Zomo Health.
9. Privacy & Information Security
Incorporated Framework Linkages
Bind fully to external Privacy Policy, Security Exhibit capturing controls instituted to safeguard access, transmission, retention policies applicable to varying information types and use case sensitivities per ISO and jurisdictional influences.
Audit Commitments
Verifies existence of independent qualified assessments establishing satisfactory attestations of technical + administrative safeguards, vendor risk management and regulatory conformance.
10. Legal Disputes Resolution
Stage-wise Escalation
Requires parties first attempt mediation before escalating to court litigation – defines tiers across arbitration tribunals, including mass arbitration provisions prior to state vs federal court jurisdictions when disputes cannot be settled amicably despite extended good faith efforts between Zomo Health and aggrieved Users.