Updated 29 June 2020
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.
By using Picohealth (the ‘Service’ or ‘Services’), you understand and agree to the following:
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.
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.
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.
You can end the use of the Service at any time by emailing us at firstname.lastname@example.org. You should know that, for technical reasons, content you delete may persist for a period of time in archive or backup software.
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.
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.
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:
Furthermore, you understand and agree that:
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.
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 email@example.com
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.
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.
If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: firstname.lastname@example.org
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 email@example.com. 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.