Welcome! This Privacy Policy and Terms of Service Page is designed to inform users of how Incentivize Health, its affiliates, subsidiaries, or related companies (“Incentivize Health”, “we”, “us”, or “our”) Privacy Policy and Terms of Service. The names “Terms of Service” and “Terms of Use” names are used interchangeably in our Services and referred to here as “Terms”, “TOS”, and “TOU”.

For purposes of this information contained herein, the “Service” includes: (1) the websites owned or operated by Incentivize Health now, or in the future, including, but not limited to, www.incentivizehealth.com (collectively, the “Site”).

Incentivize Health reserves the right to modify or change the Privacy Policy and Terms at any time. Continued use of the Service following any such changes constitutes acceptance of the new Terms.

By using the Service, you accept and hereby expressly consent to the terms of this Privacy Policy and Terms of Service and to our use and processing of Personal Information (as defined hereunder) for the purposes set forth herein. “You” or “your” or similar terms refer to you as a user of our Service. By using the Service, you expressly consent to our collection, use, disclosure, storage, and processing of your Personal Information (as defined below) in accordance with this Privacy Policy.

Some details gathered through the Services might be seen as “protected health information” (“PHI”), as stipulated in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations. Your privacy matters to us. Incentivize Health holds stringent standards to safeguard your privacy on the Website.

Privacy Policy

Please note that this Privacy Policy exclusively pertains to the data collection and usage practices for this Website. Incentivize Health's privacy protocols may differ on its other websites or offline data collection and reporting activities.

The information we collect

While accessing or utilizing features on this Service, our web servers will automatically record various data, such as domain name, IP address, browser details, screen resolution, operating system, pages visited, and time spent.

When you access the non-public section of the Website, we may collect personal and non-personal information about you, including but not limited to your account info, name, email address, user credentials, age, address, phone number, health and medical information, and information supplied by Incentivize Health, affiliates, or business partners.

We may use the information collected, as permitted by this Policy or law, for purposes such as processing requests, personalizing healthcare products, site optimization, and analytics. Personal information provided by you will be retained per our record retention policies.

We may disclose your information if we deem it necessary or appropriate to protect our rights, safety, or property, or to comply with legal and regulatory obligations.

Information Security

We employ safeguards to protect the information you provide. Please note that the confidentiality of electronic communications can't be guaranteed. If you wish to keep communications private, do not use the Website. Be mindful of your security settings, passwords, and be aware that if you choose persistent log-in, others may access your information.

Use of the information this Website gathers/tracks

We gather and store aggregate information for site improvement. Any personally identifiable information given will be stored securely and used only for the purposes for which you registered. Your personal information won't affect your coverage or claims payment by Incentivize Health.

We also use “Google Analytics” for data collection; you can access Google Analytics' privacy policy or opt-out [here](http://tools.google.com/dlpage/gaoptout).

Cookies and Similar Technology Policy

Cookies are used to enhance your user experience on our Website. We use both session and persistent cookies to provide you with personalized services. We utilize first-party cookies and third-party cookies from service providers to recognize your device when it revisits our Website or other websites.

Cookies help us tailor our site to meet your unique needs and interests, making our services more personalized and appealing to you.

Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the services provided by Incentivize Health. ("Incentivize Health"). For purposes of these Terms, the "Service" includes:

- the websites owned or operated by Incentivize Health or its affiliates, subsidiaries, and/or related companies, now, or in the future, including, but not limited to, www.incentivizehealth.com (collectively, the "Site");

- Incentivize Health's subdomains; and

- all related services and products provided in connection with or through the App or Site, which may include, from time to time, the ability to:

  1. access and utilize health engagement and rewards programs;

  2. obtain health-related information, insights, and analytics (referred to herein individually as a "Feature" and collectively as the "Features").

Without limiting the generality of the foregoing, the Service may also include, from time to time, and without limitation:

- access to information, text, graphics, photos, resources, or other materials in the App, Site, or any aspect of the Service (collectively, the "Content"), including educational Content;

- the ability to create, upload, transmit, display, and access User Content (as defined herein);

- access to other information about Incentivize Health, the Features, products, and services, and any other offerings that may be provided from time to time.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access or use the Service.

Intellectual Property Rights; Grant of License; Restrictions

Unless otherwise noted, the website, App, all other aspects of the Service, and all Content are solely the property of Incentivize Health and/or its affiliates or licensors and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Domain names and product names are trademarks or registered trademarks of their respective owners.

Conditions of Use and Conduct Restrictions

The Service is provided only for your personal, non-commercial, limited use in accordance with the Terms. You are fully responsible for your use of the Service. As a condition to accessing or using the Service, you agree to abide by all applicable local, state, and federal laws, rules, and regulations, and you agree not to use the Service for any purpose that is prohibited by the Terms.

In accessing and using the Service, you agree not to take (or permit any third party to take) any action that, in our sole discretion, we consider:

- Threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, unlawful, obscene, offensive, or profane;

- Promoting bigotry, racism, misogyny, or ethnic or religious hatred;

- Infringing on any patent, trademark, trade secret, copyright, right of publicity, or other rights;

- Constituting unauthorized or unsolicited advertising, junk email, bulk email, or other spamming;

- Encouraging conduct that would constitute a criminal or civil offense;

- Involving commercial activities and/or sales that we have not authorized, such as contests, sweepstakes, lotteries, giveaways, barters, advertisements, gifting clubs, chain letters, pyramid schemes, or other fraudulent schemes;

- Interfering with another user’s enjoyment of the Service;

- Attempting to impersonate any person or entity, including any of our employees or representatives, or misusing another person’s contact or account information;

- Interfering or attempting to interfere with the proper working of the Service;

- Circumventing or attempting to circumvent any technological measure implemented by us or any other third party to protect or restrict access;

- Transmitting or introducing harmful software or computer codes;

- Deciphering, decompiling, disassembling, reverse engineering, or otherwise attempting to derive any source code or underlying ideas of any part of the Service;

- Modifying, translating, or otherwise creating derivative works of any part of the Service;

- Imposing or may impose an unreasonable or disproportionately large load on our infrastructure;

- Recording, processing, or mining information about other users without their consent;

- Using manual or automated software, devices, or processes to “crawl” or “spider” any part of the Service.

Termination of Use; Discontinuation and Modification of the Service

We, in our sole discretion, without notice, and at any time, may suspend or terminate your access to all or any part of the Service, including access to the Site or App. You agree that Incentivize Health is not liable to you or any third party for termination of your access. You acknowledge that the Service is under development and may change at any time. We reserve the right to terminate or modify the Service or any portion thereof at any time. If you fail to fulfill any of your obligations under the Terms, we may pursue all available legal remedies. Certain Terms which by their nature should survive expiration or termination shall do so, including intellectual property rights and restrictions, dispute resolution (arbitration), warranty disclaimers, indemnification, and limitation of liability.

Disclaimer of Warranty

 THE SERVICE AND ALL COMPONENTS THEREOF INCLUDING, BUT NOT LIMITED TO, THE SITE, APP, AND CONTENT, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE. TO THE EXTENT ALLOWED BY LAW, THE INCENTIVIZE HEALTH PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND THE SITE, THE APP, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING:

- ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON- INFRINGEMENT;

- ANY WARRANTY ARISING OUT OF COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE.

NEITHER THE INCENTIVIZE HEALTH PARTIES WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, THE SITE, THE APP, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED BY LAW.

Indemnification

 You agree to defend, indemnify, and hold harmless the Incentivize Health Parties from all liabilities, claims, losses, damages, and expenses, including reasonable attorneys' fees, that arise from:

 - Your use or misuse of the Service or any component of the Service;

- Your provision of any User Content or other data to the Incentivize Health Parties;

- Your breach of the Terms;

- Your violation or alleged violation of any applicable foreign or domestic federal, state, or local laws, rules, and/or regulations;

- Any infringement or alleged infringement by you or any third party using your Login Credentials or account of any intellectual property right or other right of any person or entity.

Incentivize Health reserves the right to assume the exclusive defense and control of any matter subject to this indemnification, in which case you agree to assist and cooperate with us in asserting any available defenses.

Limitations of Liability

IN NO EVENT SHALL THE INCENTIVIZE HEALTH PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE, OR ANY COMPONENT OF THE SERVICE, FOR:

- ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR FOR ANY SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING);

- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION);

- YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICE OR ANY COMPONENT OF THE SERVICE; OR

- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.

IN ADDITION, THE MAXIMUM LIABILITY OF THE INCENTIVIZE HEALTH PARTIES FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU FOR ACCESS TO OR USE OF THE SERVICE OR FIVE HUNDRED U.S. DOLLARS (USD $500.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN ONE OF THOSE JURISDICTIONS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Governing Law

 Consistent with the Federal Arbitration Act, the Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA without regard to its conflicts of laws provision. For all claims not otherwise subject to arbitration, the parties hereby consent to the exclusive jurisdiction and venue in the state courts in Birmingham, Alabama, or any federal court located therein. In any action or proceeding to enforce or interpret the Terms, the prevailing party will be entitled to recover the costs and expenses (including reasonable attorneys' fees) that it incurred in connection with such action or proceeding and enforcing any judgment or order obtained.