1upHealth Terms and Conditions of Use


The following terms constitute an agreement between You and 1upHealth, Inc. (“1upHealth”), the operator of 1up.health, api.1up.health, and any of our other mobile or web services, applications, application programming interfaces, or platforms that we make generally available to our customers (the “Site”). This agreement governs Your use of the Site, both as a casual visitor and a registered member as described below.

By accessing or using the Site, You agree to be bound by the terms of this Agreement. To the extent You register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to You too. You ” and “ Your ” means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) that has accepted this Agreement under its own member account and that is using the 1upHealth Site or otherwise exercising rights under this Agreement. Your Applications means an one or more software programs developed by You that (a) meets and complies with all of this Agreement, and (b) and includes any additional permitted functionality, content or services provided by You from within an Application. For the sake of clarity, You may authorize contractors to develop Applications on Your behalf, but any such Applications must be owned by You, submitted under Your own developer account, and distributed as Applications only as expressly permitted herein. You are responsible to 1upHealth for Your contractors’ activities under Your account (e.g., adding them to Your team to perform development work for You) and their compliance with this Agreement. Any actions undertaken by Your contractors arising out of this Agreement shall be deemed to have been taken by You, and You (in addition to Your contractors) shall be responsible to 1upHealth for all such actions.

Membership Eligibility

To become a member and access the area on this Site reserved for members (the “Member Area”), 1upHealth requires that You are either a (a) diagnosed patient of the particular community You are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants (e) developer using 1upHealth API services or (f) guest as authorized by a 1upHealth member or employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member You represent that You are age 13 or older.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding Your health. Never disregard professional medical advice or delay in seeking it because of something You have read on this Site.

If You think You may have a medical emergency, call Your doctor or 911 immediately. 1upHealth does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by 1upHealth, by persons appearing on the Site at the invitation of 1upHealth, or by other members is solely at Your own risk.

Acceptable and Lawful Use of Site by Members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

Nonprofit Members

All Nonprofit Members may post event information and highlight services available to other members on their Nonprofit Member profiles. Each Nonprofit Member will be provided with a unique hyperlink to a member registration webpage on the Site (the “Nonprofit Registration Link”) that the Nonprofit Member can distribute to individuals with his/her communities who are eligible for membership (as described above under “Membership Eligibility”).

While Nonprofit Members may promote their own events, initiatives, and services to other members through the means described above, they may not directly solicit donations or volunteer services. For example, Nonprofit Members may, through posting on their profile and through private messages to members subscribed to their profile, promote and notify members of a fundraising event or volunteer initiative, including information regarding ticket prices to attend such an event or the scope of a volunteer initiative. However, it is not permitted to expressly ask members through use of the Site to purchase tickets to such an event or to donate money, property, or services to the Nonprofit Member or any other party.

In addition, Nonprofit Members may not create new forum posts to advertise or promote their services, events, or initiatives. Nonprofit Members can use private messages to contact members who are subscribed to their profiles; however, they may not private message members who have not subscribed to their profiles.

For purposes of clarity, references to “members” in these Terms and Conditions of Use include Nonprofit Members and, except as expressly stated herein, the same restrictions and obligations under these Terms and Conditions of Use that apply to members also apply to Nonprofit Members.

Members Referred by a Nonprofit Member

If You registered as a member and agreed to these Terms and Conditions of Use through use of a Nonprofit Registration Link, then the applicable Nonprofit Member (the “Referring Nonprofit”) will be recognized by 1upHealth as having referred You to the Site. You will automatically be subscribed to the Referring Nonprofit’s member profile and user postings (until such time as You affirmatively elect to unsubscribe). Likewise, the Referring Nonprofit will automatically be subscribed to Your profile and user postings. The Referring Nonprofit will be able to send private messages to You as long as You remain subscribed to the Referring Nonprofit’s member profile and postings.

No Interference with Operation of Site

You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of Your membership account to take such actions.

Privacy

You agree that You have read, understood and accept 1upHealth's Privacy Policy. This policy explains 1upHealth's collection of personal and non-personal information from You when using the Site and its use of and sharing of such personal and non-personal information. We also encourage You to read our Openness philosophy.

Posting and Use of Content in the Member Area

The Member Area includes community areas, such as forums and member areas, where members may post messages, images, and other content (“User Submissions”). If You are a member, You (or the author) owns the copyright in the messages, images, and other content You post in the Member Area, but by posting such content within User Submissions to the Member Area You grant 1upHealth and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of Your User Submissions, subject to the terms of the Privacy Policy.

While some community areas in the Member Area are monitored periodically for topicality, 1upHealth has no obligation to prescreen postings and is not responsible for their content. We encourage You to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity personally identifiable information about other members that You encounter while using this Site (whether posted in the Member Area by a member or emailed to You by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

Digital Millennium Copyright Act

If You are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon Your copyright, You may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) Your address, telephone number, and email address; (v) a written statement that You have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User Submission that You submitted has been removed as a result of a notification as described above and You believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which You can dispute the allegation and request re-posting of the User Submission content at issue.

1upHealth’s designated Copyright Agent for notice of claims of infringement is:

hello@1up.health

Subject: Notice of claims of infringement

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to 1upHealth at support@1up.health. You acknowledge that if You fail to comply with all of the notice requirements of the DMCA, Your notice may not be valid.

Member Password and Login Identity

You are responsible for maintaining the confidentiality of Your member password and login, and are fully responsible for all activities that occur under Your password or account with or without Your knowledge. If You knowingly provide Your login and password information to another person, Your membership privileges may be suspended temporarily or terminated. You agree to immediately notify 1upHealth of any unauthorized use of Your membership password or login or any other breach of security.

Platform Use License

1upHealth hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the Site, solely with supported browsers through the Internet for Your own internal purposes, subject to the Terms of Service. You may not permit 1upHealth to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant You any right to transfer or assign rights to access or use 1upHealth. All rights not expressly granted to You are reserved by 1upHealth and its licensors. You further acknowledge and agree that, as between the parties, 1upHealth owns all right, title, and interest in and to 1upHealth, including all intellectual property rights therein.

Independent Development

Nothing in this Agreement will impair 1upHealth's right to develop, acquire, license, market, promote,or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Licensed Applications, Covered Products, or any other products or technologies that You may develop, produce, market, or distribute. Regardless of possible competitive products or technologies You develop, 1upHealth will continue to provide the same service and pricing it provides to other developers.

Changes to the Service; Deprecation Policy

  1. 1upHealth will announce if it intends to remove major features from, or discontinue, an API or the Service.
  2. 1upHealth will use commercially reasonable efforts to continue to operate those 1upHealth API versions and features identified at https://1up.health/dev without these changes until six months after the announcement, unless 1upHealth determines in its reasonable good faith judgment that:
    1. it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
    2. doing so could create a security risk or substantial economic or material technical burden.

Links to Other Websites

1upHealth may contain links to other websites that are not under the control of 1upHealth. The inclusion of any link does not imply endorsement by 1upHealth of such site and 1upHealth is not responsible for the content of such linked sites.

Membership Termination

You agree that 1upHealth may, with or without cause, immediately terminate Your 1upHealth membership or limit or terminate Your access to the Member Area or the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by 1upHealth of a member's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. 1upHealth has no obligation to maintain, store, or transfer to You information or data that You have posted on or uploaded to the Site.

Modifications to this Agreement

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage You to review this Agreement periodically for any updates or changes, which will have an update effective date.

Fees

Membership with 1upHealth is currently free. Using 1upHealth to build Your Application or using our The Site’s provider or researcher applications may result in fees based on usage. 1upHealth Inc. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.

Disclaimer of Warranties

The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. 1upHealth does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. 1upHealth does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected. The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by 1upHealth, and You use such information at Your own risk.

Limitation of Liability

Under no circumstances shall 1upHealth, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to Your use of this Site or due to Your reliance on any of the content contained or the services provided on the Site.

Indemnification

You agree to indemnify and hold harmless 1upHealth, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of this Agreement.

International Users

1upHealth makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If You are a non-U.S. user, You acknowledge and agree that 1upHealth may collect and use Your Information and disclose it to other entities outside Your resident jurisdiction. In addition, such Information may be stored on servers located outside Your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with Your Information, You acknowledge that You consent to the transfer of such Information outside Your resident jurisdiction as detailed in our Privacy Policy. If You do not consent to such transfer, You may not use this Site.

Member Notices

If You register as a member, You agree that 1upHealth may send notices to You by email at the email address You provide when registering to become a member (or which You later update using the functionality of the Site).

Governing Law and Venue

This agreement shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

Miscellaneous Terms

1upHealth® and the 1upHealth logo are trademarks of 1upHealth. You agree not to display or use these trademarks in any manner without 1upHealth's prior, written permission. 1upHealth may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. For any questions or comments, or to report violations of this agreement, let us know, or contact us at:

hello@1up.health

Subject: User agreement Issues

History of Updates/Changes to Terms and Conditions of Use:

  • On October 13, 2017, API platforms content was added.
  • On June 4, 2017, original version of this Agreement was added to the site.