Picohealth Terms of Service

Updated 29 June 2020

Welcome to Picohealth! The Picohealth website (Picohealth) is owned and operated by Storyline Media, LLC (Company). By using Picohealth and the associated services, information, products, websites and tools, as well as any other related websites, subdomains, or services owned or controlled by Picohealth (termed the ‘Service’) you understand and agree to the following terms and conditions of the Service along with the terms and conditions as stated in our Privacy Policy.

Overall Employee Terms and Conditions

You agree that by using the Service and by giving us your health information (such as answers to COVID-19 health-related questions), you provide your consent to disclose this health information to your employer or if legally required, to provide your personal information to federal, state or local government organizations by directive, executive order, subpoena or force of law.

As an employee (‘Employee’ or ‘User’) whose employer (‘Employer’) has entered into an agreement to use Picohealth, you may be required, or allowed, by your employer to provide answers to COVID-19 specific health-related questions in connection with using the Service. Health-related information may include, but not be limited to self-assessment of personal health and related personal questions or by providing other data about you received from health equipment (like scanners or thermometers) or other related software tools, apps or services.

You agree to provide true, accurate, complete and current information. If any information you provide is untrue, inaccurate, incomplete or not current, or if we believe that such information is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate your use of the Service.

Responsible Use and Conduct

By using Picohealth (the ‘Service’ or ‘Services’), you understand and agree to the following:

1. To access the Service, you may be required to provide certain information (‘User Data’) about yourself (such as your cell phone number) as part of the system set-up process, or as part of using the Service.
2. Accessing (or attempting to access) our Service by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any programmatic, automated, unconventional, or unethical means.
3. Engaging in any activity that disrupts or interferes with our Service, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
4. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.
5. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
6. Through your use of the Service, we may provide reports, activity tracking, logs, or other services, etc to your Employer for the purposes of COVID-19 health reporting. As a User of the Service you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising; contains or forwards surveys, contests, pyramid schemes or chain letters.
• Impersonates any person or entity

We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, or inaccurate. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

Content Ownership and License Grants

1. You own the data or photos (content) you create and share on the Service and nothing in these Terms takes away the rights you have to your own content. However, to provide our Service, we need you to give us some legal permissions to use and re-package your content to both your Employer and to Picohealth.

   Specifically, when you transmit, text, share, or upload content that is covered by intellectual property rights (like data, photos or videos), you grant both Picohealth and your Employer a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, translate, aggregate and create derivative works of your content consistent with your Settings and our Privacy Policy. This means, for example, that if you share information with Picohealth, you give us permission to store, copy, and potentially send the information to others as outlined in the Picohealth Privacy Policy, see https://picohealth.net/about/privacy.

2. Text Messaging Fees. All costs for phone usage, including, without limitation, any domestic or international calls or text messages, made through or via the Service, are your responsibility and you agree to cover all such costs. Picohealth does not assume any liability for domestic or international text message fees either sent or received.

3. You can end the use of the Service at any time by emailing us at support@picohealth.net. You should know that, for technical reasons, content you delete may persist for a period of time in archive or backup software.

4. You agree to indemnify and hold harmless Picohealth / Storyline Media, LLC, and their directors, officers, managers, employees, agents, investors, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.

5. Security Incidents. In the event that User data is disclosed to or accessed by an unauthorized party, Picohealth will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident; and if such incident triggers any third party notice requirements under applicable laws, you agree that as the owner of the User data, you will be responsible for the timing, content, cost and method of any such notice and compliance with such laws.

6. Third-Party Sites.

   1. The Service may call the servers of other websites or services (i.e. text message service providers) solely at the direction of and as a convenience to Users (“Third Party Sites”). Picohealth makes no express or implied warranties with regard to the information, or other material, products, or services that are contained on or accessible through Third-Party Sites. Access and use of Third Party Sites, including the information, material, products, and services on such sites or available through such sites, is solely at your own risk.
   2. YOU ACKNOWLEDGE THAT PICOHEALTH DOES NOT MANAGE OR CONTROL THE USER DATA THAT YOU ACCESS, STORE OR DISTRIBUTE THROUGH THE SERVICE, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT INFORMATION REGARDLESS OF WHETHER SUCH USER DATA IS TRANSMITTED TO OR BY YOU IN BREACH OF THESE TERMS. PICOHEALTH MAKES NO WARRANTY WITH RESPECT TO SUCH USER DATA YOU MAY ACCESS, STORE OR DISTRIBUTE THROUGH THE SERVICE. IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PICOHEALTH MAKES NO WARRANTY THAT SUCH USER DATA WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, EASTER EGG, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE OR MALICIOUS CODE OR PROGRAMS. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST PICOHEALTH WITH RESPECT TO THIRD PARTY AND/OR USER DATA THAT YOU CHOOSE TO ACCESS, STORE OR DISTRIBUTE, THROUGH THE SERVICE.

Limitation of Warranties

By using Service, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

• the use of our Services will meet your needs or requirements.
• the information obtained by using our Services will be accurate or reliable, and
• any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

1. Picohealth is intended to provide data, useful information and content that originates outside of the Service.
2. Any content downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
3. No information or advice, whether expressed, implied, oral or written, obtained by you from Picohealth or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Service..
4. You also agree that the Picohealth is not responsible or liable in any way for injury, loss or damage to your computer or interception related to or resulting from use of the Service or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Service operating or not operating on computers, smartphones, or networks used by you or communicating with such computers or networks.

Picohealth/Storyline Media LLC will not be liable for any direct, indirect, incidental, physical, psychological, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, information, changes, data loss or corruption, cancellation, loss of access, in availability of or downtime of the Service to the full extent that applicable limitation of liability laws apply.

Copyrights/DMCA Notices

All materials contained in the Service are the copyrighted property of Picohealth dba Storyline Media, LLC. or its subsidiaries or affiliated companies and/or third party licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.

Picohealth complies with US Health Information Compliance (HIPAA) rules and related guidance on compliance as well as the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of health information or of copyrighted material on the Service, please send a notice to support@picohealth.net

Termination of Use

Picohealth reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, for any reason, without notice to you. The Service is controlled by Picohealth from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. By accessing Service, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce these Terms of Service shall be brought in the federal or state courts located in the State of Utah, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, PICOHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: support@picohealth.net

Disclosures for California Residents. The Service is offered by Picohealth located at 8850 S. 700 E. #81, Sandy UT 84070, and can be reached via email at support@picohealth.net. If you are a California resident, (a) you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information; and (b) in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.