Terms and Conditions
In order to use the App, you must first agree to these Terms. If you are using the App on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
You must be over 18 years of age to use the App, and children under the age of 18 cannot use or register for the App.
You agree your purchases and/or use of the App are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Objective Zero or any of its affiliates regarding future functionality or features.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE APP OR ANY MATERIALS INCLUDED IN OR WITH THE APP, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE OBJECTIVE ZERO APP.
Not Medical Advice
You acknowledge and agree that the App constitutes, primarily, a personalized self-help system designed to help users improve their well-being and that if you choose to utilize the App you are solely responsible for deciding which of the activities and resources in the App you put into practice and how to use those activities and resources. Accordingly, you acknowledge that Objective Zero is not a health care provider, and does not provide you with any medical advice.
Any advice or other materials provided through the App are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your health care providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the App.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the App then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the App. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
This provision is consistent with and in addition to the provisions of section 13 (Limitation of Liability) of these Terms.
Use of Services by Medical Professionals
In addition to functioning as a standalone personalized self-help system, the App may also be used by certain medical professionals and/or health care providers (“Medical Professionals”) to monitor or otherwise assist in their patient’s use of the App (“Patients”). Such use shall require the Patient’s affirmative consent, and shall also be subject to the terms of a separate agreement (the “Medical Professionals Agreement”), available on request to firstname.lastname@example.org. In the event of any conflict between these Terms and the terms of the Medical Professionals Agreement, the terms of the Medical Professionals Agreement shall control with respect to use of the App by Medical Professionals. In all other matters, these Terms shall control.
In the course of registering for or using the App, you may be required to provide Objective Zero with certain information, including your name, email address, username and a password (“Credentials”). Objective Zero handles such information with the utmost attention, care, and security. Nonetheless, you, not Objective Zero, shall be responsible for maintaining and protecting your Credentials in connection with the App. If your contact information, or other information relating to your username or password changes, you must notify Objective Zero promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Objective Zero of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Objective Zero immediately.
Content and License from You
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the App by Objective Zero or its suppliers (“Objective Zero-Supplied Content”). While Objective Zero strives to keep the Content that it provides through the App accurate, complete, and up-to-date, Objective Zero cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Objective Zero-Supplied Content.
You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the App. All such information is referred to below as “User Content.”
You agree that you are solely responsible for (and that Objective Zero has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Objective Zero may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the App.
Objective Zero may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Objective Zero may remove your User Content from the App at any time if you violate these Terms or if the App or your account is canceled or suspended. If User Content with an expiration date is stored using the App, Objective Zero may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Objective Zero has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the App.
Objective Zero reserves the right (but shall have no obligation) to remove User Content from the App, in its discretion.
By submitting, posting or otherwise uploading User Content on or through the App you give Objective Zero a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:
With respect to User Content that you submit, post or otherwise make publicly or generally available through the App (such as postings made on the App’ public forums), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such User Content (in whole or part) worldwide via the App or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and
With respect to User Content that you submit, post or otherwise make available privately via the App (such as communications made to a specific user or User Content which you upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling Objective Zero to provide you with the App.
You acknowledge and agree that Objective Zero (or Objective Zero’s licensors) own all legal right, title and interest in and to the App and that the App are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 5, Objective Zero acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the App, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Objective Zero, you agree that you are responsible for protecting and enforcing those rights and that Objective Zero has no obligation to do so on your behalf.
License from Objective Zero and Restrictions on Use
Objective Zero gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Objective Zero-Supplied Content provided to you as part of the App. This license is for the sole purpose of allowing you to utilize the App as a personalized self-help system to help you improve your well-being in the manner permitted by these Terms. Additionally, if you are a Medical Professional utilizing these Services in conjunction with a patient who is also a user of the App, you may utilize the App for the limited purpose of monitoring or assisting such patient with the same, so long as the patient has given you permission to do so.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the App or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Objective Zero, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the App or any applications running on the App.
You may not engage in any activity that interferes with or disrupts the App (or the servers and networks which are connected to the App).
If it is necessary for Objective Zero to collect fees, you may not access the App in a manner intended to avoid incurring fees.
You may not access the App for the purpose of bringing an intellectual property infringement claim against Objective Zero or for the purpose of creating a product or service competitive with the App.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the App in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Objective Zero, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination, or false advertising).
You may not use the App if you are a person barred from receiving the App under the laws of the United States or other countries, including the country in which you are resident or from which you use the App. You affirm that you are over the age of 18, as the App are not intended for individuals under 18.
Subject to the Terms, the App is provided to you without charge up to certain usage limits, and usage over these limits may require purchase of additional resources and the payment of fees. While free at this time, Objective Zero reserves the right to charge for content or access to the App in the future. Objective Zero will notify its users if it chooses to charge for content in the future, at which time users can decide whether or not to continue using the App. Users will not be charged without their consent.
Notwithstanding anything to the contrary, if you are using the App on behalf of an organization, you agree to permit Objective Zero to identify you as a customer and to use your name and/or logo in Objective Zero’s website and marketing materials.
Modification and Termination of Services
You may terminate these Terms at any time by canceling your account on the App. You will not receive any refunds if you cancel your account.
You agree that Objective Zero, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the App may be without prior notice, and you agree that Objective Zero will not be liable to you or any third party for such termination.
If you connect with your Medical Professional through the App and later remove the connection with that Medical Professional, you will be required to sign a HIPAA authorization if you want to continue to use the App. If you do not sign the HIPAA authorization, Objective Zero will be required to terminate the App and your account. You will also be required to sign a HIPAA authorization to continue to use the App if the relationship between Objective Zero and your Medical Professional terminates. It is your responsibility to notify Objective Zero if you sever such connections and to request a HIPAA authorization form.
Upon any termination of the App or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Changes to the Terms
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the App. It is your responsibility to review these Terms for any changes. By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the App. Please visit this page regularly to review these Terms for any changes.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.”
OBJECTIVE ZERO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OBJECTIVE ZERO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT OBJECTIVE ZERO’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
DO NOT RELY ON THE OBJECTIVE ZERO MOBILE APPLICATION FOR HELP IF YOU ARE FEELING SUICIDAL. INSTEAD, OBJECTIVE ZERO STRONGLY RECOMMENDS THAT YOU CALL 911 OR CONTACT YOUR LOCAL EMERGENCY ROOM FOR IMMEDIATE HELP. USERS OF THE OBJECTIVE ZERO APP USE IT AT THEIR OWN RISK AND ARE THEMSELVES LIABLE FOR ANY OUTCOMES OR PERCEIVED OUTCOMES AS A RESULT OF USING THE OBJECTIVE ZERO APP. OBJECTIVE ZERO CANNOT BE HELD ACCOUNTABLE FOR THOSE WITH SUICIDAL TENDENCIES AND THOUGHTS OR FOR THEIR ACTIONS.
If you find any information on the App to be inaccurate, please inform Objective Zero by emailing: email@example.com
LIMITATION OF LIABILITY
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OBJECTIVE ZERO, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL OBJECTIVE ZERO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE APP IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
THE OBJECTIVE ZERO MOBILE APPLICATION, INCLUDING THE INFORMATION CONTAINED WITHIN OR THROUGH THE APP, EITHER BY THE OBJECTIVE ZERO FOUNDATION OR ANY OF ITS VOLUNTEERS, TO INCLUDE AMBASSADORS OR OTHER USERS, IS NOT INTENDED TO REPLACE, SUPPLANT, OR SUPPORT ANY MEDICAL ADVICE, TREATMENT, OR RELATIONSHIP THAT EXISTS NOW, IN THE FUTURE, OR PREVIOUSLY BETWEEN A PATIENT/APP USER (“USER”) AND HIS/HER TREATING PHYSICIAN(S), PSYCHOLOGIST(S), THERAPIST(S), PHYSICIAN ASSISTANT(S), AND/OR NURSE PRACTITIONERS(S) (JOINTLY “TREATING PROVIDERS”). INFORMATION AND OPINIONS, WHETHER WRITTEN, SPOKEN, OR INFERRED THROUGH THE APP, ARE THOSE OF THE AUTHORS OR ORIGINATORS AND ARE NOT INTENDED TO, NOR SHOULD THEY BE CONSTRUED TO, DIAGNOSE, TREAT, OR OFFER ANY GUIDANCE ON ANY CONDITION, NOR SHOULD ANY SUCH INFORMATION BE CONSTRUED AS MEDICAL ADVICE.
THE USER’S TREATING PROVIDER(S) SHOULD EXAMINE THE INFORMATION AND SERVICES UTILIZED THROUGH THE APP IN LIGHT OF THE USER’S INDIVIDUAL SITUATION AS EVALUATED BY SUCH TREATING PROVIDER(S). OBJECTIVE ZERO IS NOT RESPONSIBLE FOR ADVERSE CONSEQUENCES USERS MAY EXPERIENCE BY UTILIZING THE APP OR ANY INFORMATION AND SERVICES PROVIDED THROUGH THE APP. THE INFORMATION AND SERVICES PROVIDED THROUGH THE APP ARE INTENDED TO PREVENT VETERAN SUICIDE AND OBJECTIVE ZERO WILL AT ALL TIMES MAKE GOOD FAITH EFFORTS TO ACHIEVE BENEFICIAL RESULTS FOR USERS IN THE PROVISION OF INFORMATION AND/OR SERVICES. HOWEVER, OBJECTIVE ZERO DOES NOT GUARANTEE SUCCESS AND IS NOT RESPONSIBLE FOR POOR OUTCOMES/PERCEIVED POOR OUTCOMES. NOR DOES OBJECTIVE ZERO GUARANTEE ANY CURE FOR AN INDIVIDUAL USER’S CONDITION/SET OF CIRCUMSTANCES.
OBJECTIVE ZERO DOES NOT SUGGEST THAT THE SERVICES PROVIDED THROUGH THE APP ARE A REPLACEMENT OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT/THERAPY. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE IN SEEKING TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON THE APP, OR A SERVICE YOU HAVE UTILIZED THROUGH THE APP. OBJECTIVE ZERO CONSIDERS THE USER TO HAVE READ AND AGREED TO THIS DISCLAIMER WHEN UTILIZING THE APP AND THE INFORMATION AND SERVICES PROVIDED THROUGH THE APP.
AMBASSADORS, WHETHER THERAPISTS AND OTHER HEALTH/MENTAL HEALTH CARE PROFESSIONAL (JOINTLY “HEALTHCARE PROFESSIONALS”), ARE NOT EMPLOYEES OR REPRESENTATIVES OF OBJECTIVE ZERO, AND OBJECTIVE ZERO SHALL NOT BE RESPONSIBLE FOR THE QUALITY OF INFORMATION OR THE AUTHENTICATION OF THE APP OR DETAILS GIVEN BY SUCH HEALTH CARE PROFESSIONALS AND/OR AMBASSADORS.
IT IS THE SOLE RESPONSIBILITY OF EACH HEALTH CARE PROFESSIONAL AND AMBASSADOR PROVIDING SERVICES ON THE APP TO ENSURE THAT HIS/HER INFORMATION IS CURRENT AND ACCURATE. THIS INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO, NAME, ADDRESS, PHONE NUMBER(S), AND EMAIL ADDRESS(ES).
OBJECTIVE ZERO ASSUMES NO RESPONSIBILITY FOR AUTHENTICATING OR VERIFYING THE PROFESSIONAL LICENSES OF ITS USERS, IN THE CASE OF HEALTHCARE PROVIDERS AND OTHER SUCH PROFESSIONALS, AND THUS IT IS THE RESPONSIBILITY OF SUCH HEALTHCARE PROVIDERS AND PROFESSIONALS TO UNDERSTAND AND COMPLY WITH THEIR RESPECTIVE STATE(S)’S LICENSURE REQUIREMENTS AND RESTRICTIONS.
THE APP IS NOT A TOOL FOR VERIFYING THE CREDENTIALS OR QUALIFICATIONS OF ANY HEALTH CARE PROFESSIONAL OR AMBASSADOR PROVIDING SERVICES ON THE APP. INCLUSION ON THE APP IS NOT AN ENDORSEMENT BY OBJECTIVE ZERO OF ANY HEALTH CARE PROFESSIONAL OR AMBASSADOR, NOR DOES THE OMISSION OF SUCH ENDORSEMENT CONSTITUTE DISAPPROVAL OF SUCH HEALTH CARE PROFESSIONAL OR AMBASSADOR.
IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING A THERAPIST'S CONTACT DETAILS AND/OR LICENSURE INFORMATION, PLEASE CONTACT THE PERSON IN QUESTION FOR VERIFICATION.
IT IS THE RESPONSIBILITY OF EACH HEALTH CARE PROFESSIONAL PROVIDING SERVICES THROUGH THE APP TO IMMEDIATELY INFORM OBJECTIVE ZERO IN WRITING OF ANY DISCIPLINARY ACTION OR RESTRICTIONS ON THAT PROFESSIONAL’S LICENSURE BY THE STATE AGENCY(IES) OVERSEEING THE LICENSURE OF SAID HEALTH CARE PROFESSIONAL AND TO OTHERWISE UPDATE OBJECTIVE ZERO IN WRITING ON THE STATUS OF THE INFORMATION SET FORTH IN THE PREVIOUS PARAGRAPHS.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR COMMUNICATIONS WITH ANY AMBASSADOR OR USER OR ANYONE ELSE ON THE APP AND IN NO EVENT SHALL OBJECTIVE ZERO BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION PROVIDED THROUGH THE APP.
OBJECTIVE ZERO HAS A ZERO TOLERANCE POLICY FOR THE HARASSMENT, THREATS, VIOLENCE, OR OTHER MISTREATMENT TOWARD FELLOW USERS AND AMBASSADORS. USERS MUST CONDUCT THEMSELVES IN A RESPONSIBLE AND RESPECTFUL MANNER. ANY VIOLATION OF THIS POLICY WILL LEAD TO THE SUSPENSION AND/OR CANCELLATION OF A USER OR AMBASSADOR ACCOUNT.
BY USING THIS APP YOU ACCEPT THE TERMS AND CONDITIONS OF THIS DISCLAIMER. YOU AGREE THAT ANY USE YOU MAKE OF A HEALTHCARE PROFESSIONAL’S OR AMBASSADOR’S SERVICES IS AT YOUR OWN RISK AND THAT Objective Zero IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR RELIANCE ON SUCH SERVICES.
The protections and limits of liability provided for in this section also apply to Objective Zero Ambassadors (see Section 18(b)(i)).
You agree to hold harmless and indemnify Objective Zero, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Objective Zero and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the App, (c) your violation of applicable laws, rules or regulations in connection with the App, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the App if such claims are reported to our Designated Copyright Agent identified in the sample notice below:
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
– “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:
2417 Sarbonne Drive
Oceanside, CA 92054
The App may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than Objective Zero (“Third Party Content”). Objective Zero has no control over such Third Party Content.
You acknowledge and agree that Objective Zero is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products, or other materials on or made available through such Third Party Content.
You acknowledge and agree that Objective Zero is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.
Third Party Software
The App incorporates certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
App User and Ambassador Requirements and Responsibilities
For the purposes of this section, “User” refers to Veterans, current Active, Reserve, and National Guard military service members, their dependents, and military caregivers who use the App’s resources and Ambassador network. “Ambassador” refers to individuals who use the App to provide peer support to Users through voice, video, and text communications.
It is your sole responsibility as a User or Ambassador to ensure that the contact and licensure information (if applicable) in your User profile is current and accurate. This information includes, but is not limited to, your name, address, phone number(s), email addresses, states and types of licensure (as applicable). Changes to your contact information can be made in the profile section of our App.
Users must be at least 18 years old to utilize the app and any services provided through the App. Users are not allowed to use any of our services when under the influence of alcohol or any other drugs. Users must be Veterans, service-members, military dependents, or military caregivers. As such, Users may be asked to provide documentation to verify their military, Veteran, dependent, or caregiver status.
Users must not have not been charged with or convicted of a felony; have not been charged with or convicted of a crime involving rape, sexual assault, statutory rape, or any other sexually-related crime; have not been charged with or convicted of a crime involving a firearm; have not been charged with or convicted of a crime involving domestic abuse; and have not been charged with or convicted of any predatory behavior against minors, whether in person, online, or any digital medium.
Ambassadors must be at least 18 years old to utilize the app and any services provided through the app. Ambassadors are not allowed to use any of our services when under the influence of alcohol or any other drugs.
Ambassadors may be civilians, clinicians, doctors, veterans, current service members, or any other individual who is 18 years of age and meets the criteria in this section and throughout the Terms. Ambassadors claiming military service or affiliation, whether as a service member, veteran, or dependent, may be asked to verify such service by providing documentation to Objective Zero or a third-party affiliate who will verify service or affiliation.
Ambassadors must not have not been charged with or convicted of a felony; have not been charged with or convicted of a crime involving rape, sexual assault, statutory rape, or any other sexually-related crime; have not been charged with or convicted of a crime involving a firearm; have not been charged with or convicted of a crime involving domestic abuse; and have not been charged with or convicted of any predatory behavior against minors, whether in person, online, or any digital medium.
Ambassadors must complete the Objective Zero Ambassador training program (www.objectivezero.org/become-an-Ambassador) and agree to follow the guidance outlined in the training. Ambassadors agree not to provide malicious guidance that could harm, injure, or otherwise hurt a User, whether intentionally or unintentionally.
Objective Zero Ambassadors act as good Samaritans to provide peer support to Veterans and military service members in need of moral support. This relationship is not, nor should it be construed as, a client-patient or patient-provider relationship or any other protected relationship and thus is not protected by the same rules, laws, and provisions governing such relationships.
As such, Ambassadors are not responsible for the actions of Users in response to interactions with Ambassadors on the Objective Zero mobile App. Ambassadors are also not responsible for any actions taken by the User before, during, or after communication with the User. The User, their trust(s), and/or descendants agree to hold harmless the Objective Zero Ambassador and the Objective Zero Foundation for any harm occurring during or after communication between the User and Ambassador.
Objective Zero Ambassadors’ liability is also protected in accordance with the provisions outlined in Section 13 above.
Therapist Terms and Conditions
As a therapist, it is your sole responsibility to ensure that you give therapy only to people you are allowed to give therapy to, depending on local, state or national licensing and/or legal restrictions. It is your responsibility to know all such restrictions applicable to you.
As a therapist, you may be a Covered Entity for purposes of compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104191 ("HIPAA"), and you may also be subject to similar state laws. Accordingly, information you collect could be protected under HIPAA and state privacy laws. Objective Zero is a technology provider, not a Covered Entity.
You understand compliance with HIPAA and state privacy laws is your responsibility. While use of the App is designed to provide security of information as required by HIPAA, Objective Zero makes no warranty or representation that use or its services will be adequate to fully comply with HIPAA or state privacy laws.
You may choose to or we may invite you to submit comments or ideas about the App, including without limitation about how to improve the App or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Objective Zero under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the App, please contact us at: firstname.lastname@example.org
When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates, as well as your first and last name and username.
In order to use the App, you must first agree to this Policy. If you are using the App on behalf of an organization, you are agreeing to this Policy for that organization and promising that you have the authority to bind that organization to this Policy. In that case, “you” and “your” will also refer to that organization, wherever possible.
Subject to the provisions in this Policy, Objective Zero is required by law to:
Ensure any information that identifies you is kept private, consistent with the provisions in this Policy.
Give you this notice of our legal duties and privacy practices.
Follow the terms of the current notice.
Network officers, employees, interns, and volunteers.
Anyone who has a contract with Objective Zero to provide services to the agency or people served by the agency. In this notice, these people will be called our Partners.
Collection of Information
We will collect and store certain personal information from or about you in order to provide you with the App. For example, when expressing an interest in obtaining additional information about the certain services or registering to use the App, we may require you to provide certain personally identifiable information, such as your name, phone number, and email address. For the purposes of purchases, we will require you to provide financial and billing information, such as billing name and address, and credit card number. Additionally, you may provide certain information to us in connection with your ongoing use of the App, such as your health habits and responses to dynamic content within the app. All of this information is collectively referred to as your “Personal Information.”
Data, Diagnostic, & Login Information
You may be able to create, upload, publish, transmit, distribute, display, store or share information, data, text, graphics, video, messages or other materials using the App (this is collectively referred to below as “Data”). Some of this Data may be stored and maintained on our servers. If you run into technical errors in the course of using the App, we may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address, if provided. Additionally, certain login information may be maintained in a cookie stored locally on your personal computing device (i.e. not on a server) in order to streamline the login process (“Login Information”).
As you use the App, we may also collect information through the use of commonly-used information-gathering tools, such as cookies (see section), log files, and Web beacons for the purposes of improving the performance and functionality of the app. Such Information may include standard information regarding your mobile device, browser type, browser language, Operating System, Internet Protocol (“IP”) address, and the actions you take on our web site (such as the web pages viewed and the links clicked) or while using the App. Collectively, this information is referred to as “Analytics Information.”
The app may collect geolocational data from you, if you give it permission to do so. We will never collect such information without your consent.
Use of Information
We use the information we collect in the following ways:
Personal Information. We use Personal Information to manage your account, to provide services, to maintain our customer/visitor lists, to respond to your inquiries or provide feedback, for identification and authentication purposes, for service improvement, and to address issues like malicious use of the App. We may use Personal Information to communicate with you regarding the App within the App, including communications via email and push notifications. We may also use Personal Information for limited marketing purposes, namely, to contact you to further discuss your interest in the App, and to send you information about us or our partners. We may also use credit card information to manage your account, to provide the App, and to check the financial qualifications of prospective customers and to collect payment for the App, if such payment is required. We may use a third-party service provider to manage credit card processing. If we do so, such a service provider will not be permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on our behalf.
Data, Diagnostic Information and Login Information. We use this information for the purpose of administering and improving our services to you. We may also use this information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the App, for the App’s technical administration, to increase the App’s functionality and user-friendliness, and for other legitimate business purposes.
Biometric Data. We use this information solely for the purpose of providing you with health-related feedback and self-care suggestions. This information is not used for advertising or other use-based data mining purposes. Your Biometric Data is not accessible by other users of the App, and we will not share such information with third parties without your consent, except as provided in the sections below.
Analytics Information. We use this information to provide you with services within the app. We may also use your Analytics Information in a de-identified, anonymous way in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the App, for the App’s technical administration, to increase the App’s functionality and user-friendliness, and to verify users have the authorization needed for the App to process their requests.
Disclosures & Transfers.
From time to time we may employ third parties as contractors to help us provide and/or improve the App. These third parties may have limited access to Personal Information solely for the purpose of helping us to provide and/or improve the App, and they will be subject to contractual restrictions prohibiting them from using the information about our members for any other purpose. Such agents or third parties do not have any rights to use Personal Information beyond what is necessary to assist us.
We may also disclose your Personal Information with your consent, for routine purposes, or when mandated by state, local, and federal law.
Disclosures requiring your consent. Sometimes Objective Zero will need your permission before communicating personal information. Objective Zero will ask you to sign a consent form for this purpose. The following requires your consent before Objective Zero can communicate personal information:
Outside services: If you need or want to work with an outside agency, before Objective Zero can help you work with any such agency, Objective Zero will need to provide the agency some personal information about you. Outside agencies may include, but are not necessarily limited to hospitals, extended care facilities, schools and government offices.
Individuals not involved in providing services through the App who you want informed.
Rights to Revoke: You have the right to revoke your consent at any time but you must put it in writing and send it to: email@example.com. Please include your first and last name and username.
Routine disclosures. Objective Zero may need to make routine disclosures, may ask permission to disclose private information, or may be required to disclose personal information under the circumstances outlined below. Routine disclosures are those Objective Zero must make as a part of serving you. Objective Zero does not need any specific consent or permission from you for the uses listed below.
For payment: We may communicate your personal information about you to receive payment for services.
Operations: Objective Zero may use personal information about you to improve Objective Zero services.
For Providers: We may disclose your Personal Information to your Medical Professional who you connect with through the App
Mandatory disclosures. There are certain times we are unable to protect the privacy of your personal information. We will give information about you when required to do so by federal, state, or local law.
To avert a serious threat to your health or safety. Objective Zero desires to keep you safe. Therefore, Objective Zero may give personal information about you to stop a serious threat to your health and safety.
Where the law requires disclosure to protect others. Objective Zero will protect the health and safety of other people if you are in any way an imminent threat to someone else.
To comply with a valid subpoena or court order. Objective Zero may be served with a subpoena and/or court order to disclose personal information about you. In such case, Objective Zero is bound by law to provide the information set forth in the subpoena and/or court order.
When validly requested by law enforcement. We release personal information if asked by law enforcement officials as part of an official investigation, or to identify or locate a missing person, crime suspect, fugitive or material witness.
As required due to incarceration. If you are an inmate in a jail or prison, Objective Zero may be required to release personal information about you to jail or prison authorities.
Important exceptions. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the App, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. We may disclose Personal Information when we believe in good faith that such disclosure is permitted or required by and in accordance with the law.
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. Communications between the mobile applications and our servers takes place over secure HTTPS connections, and your data is encrypted when it is stored on our servers. We also use commercially reasonable technical, administrative, and physical safeguards to preserve the integrity and security of the Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your user name, password and personal credentials when you are using the App, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the App.
If we learn of a security breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on our website if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
It is not Objective Zero’s intent to store, distribute, or disclose personal medical information. However, such information may be transmitted by individuals within the Objective Zero App, either verbally or through written correspondence, the content of which may be stored on Objective Zero's data storage devices. This information may be about your mental health, your medical health, and/or your use of alcohol or drugs.
A copy of the Objective HIPAA Business Associate Agreement can be accessed at: www.objectivezero.org/business-associate-agreement.
Objective Zero reserves the right to amend this notice in the future. If Objective Zero makes such amendments, Objective Zero will update this page to replace this notice with the amended notice, which will then become the current notice. You are welcome to ask for a copy of this, or any amended notice by emailing firstname.lastname@example.org.
Access and Accuracy
You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your Personal Information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. This amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information, as appropriate. Having accurate Personal Information about you enables us to give you the best possible service.
Users and Ambassadors are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you would like a copy of this notice, please submit a written request to: email@example.com.
Specifically, you have the following rights regarding your personal information:
Right to inspect and copy: In most cases, you have the right to look at and receive a copy of information that is in your Objective Zero User profile. You may be charged for copies you receive. To receive a copy of your information, send a written request to: firstname.lastname@example.org. Please include your first and last name and username.
Right to Amend: If you think any information we have about you is incorrect or incomplete, you can ask us to change the information, or add a statement to your record stating what you think is incorrect or incomplete. Objective Zero can deny your request for certain reasons, but Objective Zero must give you a written reason for our denial.
Right to an Accounting of Disclosures: Objective Zero maintains a "Release of Confidential Information" form for each User, listing items that have been copied from your record and shared with someone else. You have the right to ask for this list.
Right to Request Restrictions: You have the right to put limits on what we can do with your personal information. However, Objective Zero is not required to agree with your request for any specific instructions regarding limitations.
Right to Request Confidential Communications: You have the right to request Objective Zero to communicate with you in a certain way or at a certain location. It is your responsibility to provide this information to Objective Zero and update such information in writing anytime such information changes. You can send such information and requests to email@example.com. Please include your first and last name and username.
Please be aware, there may be a cost to receive a copy of information from your record or an accounting of disclosures.
A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (interchangeable “device”) from the computer of a website and is stored on the hard drive of your device. If you set your browser’s preferences to allow cookies, each website can send its own cookie to your browser. However, your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Cookies record information about your preferences that allow websites to track traffic flow.
Objective Zero may also use your IP address to determine from what region you are accessing Objective Zero services. You may be directed to a specific link within the App based on your geographical location. IP addresses are also used to block disruptive use.
When you sign up to utilize the App and receive services through the App, you may be asked for personal information. For example, this may consist of information such as your name, address, date of birth, email address and/or telephone number. Different web pages you visit within the App may request different personal information.
All pages/functions of our App that handle sensitive/personal information are SSL encrypted for maximum security. By entering your details in the fields as requested, you enable Objective Zero and its’ service providers to provide you with the App you choose to utilize.
Also, Objective Zero may use your personal information for a number of purposes including, but not necessarily limited to the following:
to administer services. Objective Zero may contact you for reasons related to the service you choose to utilize through the App;
to contact you regarding a submission you have made on the App;
to determine the most beneficial means of disseminating information to you; and,
to make features more User-friendly;
for the use of contracted third parties to process your information (for example or payment providers). Objective Zero will instruct any such third parties with whom it contracts to strictly comply with its instructions and will require that such third party not use your personal information for the personal or business gain of the third party.
If you have any questions about this Policy or if you wish to make any complaint or claim with respect to the App, please contact us at: firstname.lastname@example.org
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates, as well as your first and last name and username.
TERMS, CONDITIONS, APP FEATURES, AVAILABILITY, PRICING, SERVICE AND SUPPORT OPTIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Medical Professional Agreement
This Medical Professionals Agreement (the “Agreement”) incorporates by reference all provisions of the standard Terms of Service (the “Standard Terms”) of the Objective Zero Foundation (“Objective Zero” or the “Company” or “the Foundation” or “we”), found at www.objectivezero.org/terms-of-use. In the event of any conflict between the terms of this Agreement and the Standard Terms, the terms of this Agreement shall be controlling in all matters concerning your use of Objective Zero’s Services as a Medical Professional (“Medical Professional Service”). By completing the registration process, clicking an associated “I AGREE” button, and/or using the Medical Professional Service, you are indicating that you agree to be bound by all of the terms in this Agreement, as well as all of the Standard Terms (except to the extent of conflict between Standard Terms and this Agreement).
You agree your use of the Medical Professional Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by the Company or any of its affiliates regarding future functionality or features. Unless defined otherwise herein, all capitalized terms used in this Agreement shall have the meanings ascribed to such term in the Standard Terms.
THE MEDICAL PROFESSIONAL SERVICE PROVIDES AN ONLINE, MOBILE PLATFORM THAT FACILITATES THE CONNECTION BETWEEN USERS AND THEIR CHOSEN MEDICAL PROFESSIONALS. YOU UNDERSTAND AND AGREE THAT THE OBJECTIVE ZERO FOUNDATION IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND MEDICAL PROFESSIONALS. MEDICAL PROFESSIONALS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES OR AGENTS OF THE COMPANY. THE COMPANY HAS NO CONTROL OVER THE SERVICES PROVIDED BY MEDICAL PROFESSIONALS OR THE CONDUCT OF USERS OR MEDICAL PROFESSIONALS GENERALLY, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Description of Services
The Medical Professional Service provides an online platform that facilitates the connection between Users and their chosen Medical Professionals in order to allow such Medical Professionals to monitor or otherwise assist in a Users’ use of Objective Zero’s services.
The Objective Zero Foundation is not a provider of medical services or medical advice. Similarly, the Objective Zero is not a contracting agent or representative of any Medical Professional or User. As a Medical Professional, you agree that you are not an employee or agent of the Objective Zero Foundation, and that nothing in this Agreement will be construed as establishing an employment or agency relationship between you and Objective Zero. Objective Zero’s relationship to you shall strictly be that of an independent contractor and, if applicable, a “business associate” under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations.
You agree that you are fully and solely responsible for all goods and services that you provide to other using or in connection with the Medical Professional Service and for any and all injuries, illnesses, damages, claims, liabilities and costs that you cause to other Users.
The Company has the right, but not the obligation, to monitor any activity and content associated with the Medical Professional Service.
OBJECTIVE ZERO DOES NOT CONTROL, IS NOT RESPONSIBLE FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER OR USER CONDUCT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY USER OR USER CONDUCT. IN ADDITION, OBJECTIVE ZERO ASSUMES NO RESPONSIBILITY FOR VERIFYING THE IDENTITY, QUALIFICATIONS, CREDENTIALS, BIOGRAPHIC INFORMATION, LICENSURE, AND/OR ANY OTHER INFORMATION REGARDING ANY USERS OR MEDICAL PROFESSIONALS.
Use of the Medical Professional Service is subject to a fee.
HIPAA Business Associate Addendum
In order to ensure compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”), both the Medical Professional Service, as well as all “protected health information” (as such term is defined under HIPAA) created, received, maintained, or transmitted by Objective Zero from or on behalf of Medical Professionals in connection with the Medical Professional Service, shall be subject to the terms of the HIPAA Business Associate Addendum viewable at www.objectivezero.org/business-associate-addendum.
Business Associate Agreement
This Business Associate Addendum (“Agreement”) is an addendum to the Arrangement between the Objective Zero Foundation (“Business Associate”) and a Covered Entity. Capitalized terms used in this Agreement shall have the meanings set forth in Section 1, below.
WHEREAS, Business Associate will have access to and/or to collect or create Electronic Protected Health Information and Protected Health Information (which are collectively referred to as “Protected Health Information” and are defined below) in order to carry out Business Associate’s functions on behalf of Covered Entity;
WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of Protected Health Information disclosed, collected, or created by Business Associate in connection with the Arrangement in compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”), Subtitle D of Title XIII of Division A of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 (“HITECH”) and the regulations promulgated under HIPAA and HITECH, including, without limitation, the privacy, security, breach notification, and enforcement rules at 45 CFR Part 160 and Part 164, in each case, as amended from time to time (collectively referred to hereinafter as the “HIPAA Regulations”); and
WHEREAS, the HIPAA Regulations require Covered Entity and Business Associate to enter into an agreement containing certain requirements with respect to the use and disclosure of Protected Health Information and which are contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and the exchange of information pursuant to this Agreement, the parties agree as follows:
Terms used, but not otherwise defined, in this Agreement shall have the same meanings as those terms in the HIPAA Regulations, except that the terms “Protected Health Information” and “Electronic Protected Health Information” shall have the same meanings as set forth in 45 C.F.R. § 160.103, limited to the information created or received by Business Associate from or on behalf of Covered Entity in connection with the Arrangement.
“Arrangement” shall mean any and all service agreements, including in each case, any related terms and conditions or addendums entered into between Business Associate and Covered Entity pursuant to which Business Associate has agreed to provide services to Covered Entity.
”Authorized User” shall mean an individual designated from time to time by Covered Entity to Business Associate as an authorized user of the communications service provided to Covered Entity.
“Covered Entity” shall mean the Customer and its Affiliates (as defined in the Arrangement) to whom the Objective Zero Foundation provides services or performs functions or activities, to the extent such Customer and Affiliates are covered entities under HIPAA.
“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the security provisions of the American Recovery and Reinvestment Act of 2009 (also known as the Health Information Technology for Economic and Clinical Health Act, the “HITECH Act”).
“HIPAA Regulations” means the regulations promulgated under HIPAA and the HITECH Act by the United States Department of Health and Human Services (“HHS”), including, but not limited to, 45 CFR Parts 160, 162 and 164 as in effect or as amended from time to time.
"Security Rule" means the requirements of the HIPAA Regulations pertaining to the standards for the security of electronic Protected Health Information.
Obligations of Business Associate.
Uses and Disclosures. Business Associate may use and disclose Protected Health Information to perform services as contemplated by the Arrangement. Business Associate agrees to not use or disclose Protected Health Information other than as permitted or required by the Arrangement, this Agreement, or as Required By Law. Business Associate shall not use Protected Health Information in any manner that would constitute a violation of the HIPAA Regulations, or other applicable federal or state law if so used by Covered Entity, except that Business Associate may use Protected Health Information to the extent otherwise permitted by this Agreement as follows: (i) for the proper management and administration of Business Associate; (ii) to carry out the legal responsibilities of Business Associate, provided that disclosures for the purposes set forth in clause (i) or (ii) are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached; or (iii) for Data Aggregation services related to the Health Care Operations of the Covered Entity. Business Associate may de-identify Protected Health Information in accordance with 45 C.F.R 164.514(a)-(c). Any such de-identified information shall not be Protected Health Information and shall not be subject to the terms of this Agreement. To the extent permitted by law, as between Business Associate and Covered Entity, any such de-identified information shall be owned by Business Associate.
Appropriate Privacy and Security Safeguards. Business Associate agrees to use appropriate physical, administrative, and technical safeguards that (i) reasonably and appropriately protect the confidentiality, integrity, and availability of Protected Health Information that it creates, receives, maintains, or transmits on behalf of Covered Entity, and (ii) prevent the use or disclosure of the Protected Health Information other than as provided for by this Agreement.
Security Compliance. Business Associate shall comply with Subpart C of 45 CFR Part 164 with respect to Electronic Protected Health Information.
Reporting of Security Incident, Improper Use or Disclosure and Breach. Business Associate agrees to report to Covered Entity (i) any Security Incident; and (ii) any use or disclosure of the Protected Health Information not provided for by this Agreement, of which it becomes aware. Notwithstanding the foregoing, Business Associates shall only be required to notify Covered Entity of attempted, unsuccessful Security Incidents on a reasonable basis to be determined by written request of the Covered Entity. Business Associate further agrees to notify Covered Entity of any Breach of Unsecured Protected Health Information in accordance with 45 CFR 164.410 of which Business Associate becomes aware, to the extent that Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses Unsecured Protected Health Information.
Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect from any Breach of Unsecured Protected Health Information or other Security Incident or inconsistent use or disclosure of Protected Health Information, which Business Associate is required to report to Covered Entity pursuant to this Agreement.
Agents and Subcontractors. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, Business Associate agrees to ensure that any agent, including a subcontractor, that creates, receives, maintains or transmits Protected Health Information received on behalf of Business Associate, or created or received by Business Associate on behalf of Covered Entity, agrees (i) to the same restrictions, conditions and requirements that apply through this Agreement to Business Associate with respect to such information; and (ii) to implement reasonable and appropriate safeguards to protect it.
Access. Business Associate agrees to provide access, at the request of Covered Entity, to Protected Health Information in a Designated Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual or his or her designee in order to meet the requirements under 45 C.F.R. § 164.524
Amendment. Business Associate agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 C.F.R. § 164.526 at the request of Covered Entity or an Individual.
Accounting. Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528. Business Associate agrees to maintain and make available the information collected in accordance with this Section 2(i( of this Agreement and as required to provide an accounting of disclosures to the Covered Entity as necessary for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. § 164.528.
Government Access. Business Associate agrees to make internal practices, books and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to the Secretary of Health and Human Services or his or her designee (“Secretary”) for purposes of the Secretary determining Covered Entity’s compliance with the HIPAA Regulations. Such information shall be made available in the time and manner reasonably designated by the Covered Entity or the Secretary.
Minimum Necessary. Business Associate agrees to make uses and disclosures and requests for Protected Health Information consistent with Covered Entity’s minimum necessary policies and procedures as determined by Covered Entity and communicated to Business Associate from time to time.
Compliance. To the extent Business Associate will carry out one or more obligations of Covered Entity under Subpart E of 45 CFR Part 164, Business Associate shall comply with the requirements of Subpart E that apply to a Covered Entity in the performance of such obligations.
Obligations of Covered Entity
Inform Business Associate of Privacy Practices and Restrictions. Covered Entity shall notify Business Associate in writing of any limitation(s) in its notice of privacy practices of Covered Entity in accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect Business Associate’s use or disclosure of Protected Health Information. Covered Entity shall notify Business Associate in writing of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate’s use or disclosure of Protected Health Information. Covered Entity shall notify Business Associate in writing of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to or is required to implement in accordance with 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate’s use or disclosure of Protected Health Information.
Minimum Necessary. Covered Entity shall disclose, and require Authorized Users to disclose, to Business Associate only the minimum necessary Protected Health Information for Business Associate to accomplish its obligations under the Arrangement
Permissible Requests by Covered Entity. Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Subpart E of 45 CFR Part 164 if done by Covered Entity, except that Business Associate may use and disclose Protected Health Information for its own proper management and administration or legal responsibilities or for data aggregation services as described in Section (2)(a).
Applicable Law. Covered Entity shall comply with the all applicable law, including the HIPAA Regulations.
Scope of Covered Entity Risk Management Program. Without limiting any other provision hereof, Covered Entity represents, warrants and covenants, at all times hereunder that (i) has conducted a risk analysis as required by HIPAA, including without limitation, as to the particular risks noted below, and shall periodically update such analysis during the term; and (ii) based on such risk analysis, it has adopted and shall maintain a HIPAA risk management program that includes appropriate physical, technical and administrative safeguards to reduce risk to reasonable and appropriate level consistent with HIPAA, including without limitation, as to the following particular risks:
COMMUNICATIONS MADE OUTSIDE OF THE OBJECTIVE ZERO MOBILE APP. COVERED ENTITY ACKNOWLEDGES AND AGREES THAT TEXTING AND OTHER COMMUNICATIONS OF PROTECTED HEALTH INFORMATION THAT COVERED ENTITY OR AN AUTHORIZED USER REQUEST OBJECTIVE ZERO TO RELAY OUTSIDE OF THE OBJECTIVE ZERO MOBILE APP AND PLATFORM (INCLUDING, FOR EXAMPLE, WHERE COVERED ENTITY OR AUTHORIZED USER REQUESTS THAT OBJECTIVE ZERO RELAY A MESSAGE BY SMS TEXT) POSE HEIGHTENED PRIVACY AND SECURITY RISKS. COVERED ENTITY FURTHER ACKNOWLEDGES AND AGREES THAT IT IS COVERED ENTITY’S SOLE RESPONSIBILITY TO DETERMINE, AS PART OF ITS HIPAA RISK ANALYSIS, WHETHER TO PROHIBIT OR PERMIT SUCH COMMUNICATIONS AND, TO THE EXTENT SUCH COMMUNICATIONS ARE PERMITTED, TO IMPLEMENT APPROPRIATE SAFEGUARDS (INCLUDING POLICIES, PROCEDURES, AND TRAINING OF ALL AUTHORIZED USERS) TO MANAGE THESE RISKS TO A REASONABLE AND APPROPRIATE LEVEL CONSISTENT WITH HIPAA.
Business Associate is hereby expressly authorized and directed by Covered Entity to communicate Protected Health Information outside of Business Associate’s communications platform as necessary for the Arrangement, including without limitation, to make such communications to any mobile device and in any manner (including by SMS text) designated by Covered Entity or any Authorized User. In making communications as requested by Covered Entity or an Authorized User, Business Associate shall rely on Covered Entity’s representations under this Section (3)(f). Business Associate agrees to comply, within thirty (30) days of receipt of same, with Covered Entity’s reasonable direction to Business Associate as to the types and amounts of Protected Health Information that may, consistent with Covered Entity’s risk analysis, be included in any such communications originating from Business Associate, or with any written direction from Covered Entity prohibiting Business Associate, consistent with Covered Entity risk analysis, from relaying communications of Protected Health Information outside of the PerfectServe communications platform.
Certain Third Party Services. Covered Entity acknowledges and agrees that functionalities, capabilities or services provided to it or its authorized users directly by third parties (“Third-Party Services”), including WITHOUT LIMITATION services that are innate to a particular mobile device (such as use of “Siri” dictation services on an iPhone) are NOT provided by PerfectServe. Covered Entity shall remain solely responsible for adopting appropriate safeguards with respect to such Third-Party Services (including, where appropriate, policies and procedures prohibiting authorized users from using certain Third Party Services to send, receive, maintain or transmit protected health information), and for the accuracy, security and privacy of communications sent, received, maintained or transmitted using such Third-Party Services, including, putting in place business associate agreements with any such third parties, if required by HIPAA.
Permitted Uses and Disclosures by Business Associate
Services. Except as otherwise limited in this Addendum, Business Associate may use or disclose PHI to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Underlying Agreement if such use or disclosure of PHI would not violate HIPAA or the HIPAA Regulations if done by Covered Entity.
Business Activities. Except as otherwise limited in this Addendum, Business Associate may use PHI for the proper management and administration of the Business Associate or to meet its legal responsibilities.
Minimum Necessary. Business Associate agrees that it shall only use and disclose the minimum amount of PHI necessary for the accomplishment of the Business Associate’s purpose in making the use or disclosure.
Term and Termination
Term. The Term of this Agreement shall be effective immediately upon posting to the Objective Zero mobile app and website (www.objectivezero.org/business-associate-addendum), and shall terminate upon the earlier to occur of (i) the termination of the Arrangement for any reason or (ii) the termination of this Agreement pursuant to the provisions herein.
Termination for Cause. Either party may terminate this Agreement due to a material breach of this Agreement by the other party upon giving the other party thirty (30) days’ prior written notice, provided the breaching party does not cure the breach prior to the effective date of termination.
Effect of Termination. Upon the termination of this Agreement for any reason, Business Associate shall return or destroy all Protected Health Information received from Covered Entity or created or received by Business Associate on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of Business Associate. Business Associate shall retain no copies of the Protected Health Information. If Business Associate determines that returning or destroying the Protected Health Information is infeasible, Business Associate shall extend the protections of this Business Associate Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible for so long as Business Associate maintains such Protected Health Information.
This Agreement may be amended from time to time by Objective Zero, by notifying Covered Entity of such amendments and posting amendments to its website (www.objectivezero.org/business-associate-addendum). Such amendments shall be effective immediately after posting.
Upon termination or expiration of this Agreement the provisions will also terminate, but all provisions of this Agreement, which by their nature should survive termination, shall survive termination.
This Agreement and the Arrangement shall be interpreted as broadly as necessary to implement and comply with the HIPAA Regulations. The parties agree that any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Regulations. In the event of any conflict between the terms of the Arrangement and this Agreement with regard to the use or disclosure of Protected Health Information, the terms of this Agreement shall govern. If a court finds any portion of this Agreement to be void or unenforceable, the parties intend that the court construe the remaining portions of the Agreement to be in full force and effect.
Nothing in this Addendum shall be construed to require Business Associate to use or disclose PHI without a written authorization from an Individual who is a subject of the PHI, or written authorization from an Individual’s Personal Representative, where such authorization would be required under state law for such use or disclosure.
Indemnification. Each party shall indemnify and hold harmless the other party and its respective affiliates, partners, members, shareholders, directors, officers, employees, contractors or agents, from and against any and all claims, causes of action, liabilities, losses, damages, lost profits, penalties, assessments, judgments, awards or costs (including cost of notification or remediation relating to notification for individuals whose Protected Health Information or personal information is inappropriately accessed, used or disclosed) arising out of, resulting from, or relating to (i) the breach of this Agreement by either party or its Authorized Users, or (ii) the negligent acts or omissions of either party or its employees, agents, subcontractors or Authorized Users. Indemnification by Covered Entity shall include, without limitation, indemnification of Liabilities arising out of, or resulting from, or relating to (i) Breaches of Protected Health Information or personal information resulting from the loss or theft of, or other unauthorized access to Protected Health Information communicated by Business Associate as requested by Covered Entity and/or its Authorized Users outside Business Associate’s communications platform as permitted by Section (3)(e) and (f) of this Agreement; (ii) loss, theft or other unauthorized access to Protected Health Information stored unencrypted on mobile devices used by Covered Entity and/or its Authorized Users; (iii) compliance by Business Associate with Covered Entity’s directives hereunder; or (iv) use by Covered Entity or any Authorized User of Third Party Services. This Section (3)(h) shall survive the expiration or termination of this Agreement or the Arrangement.
No Third Party Beneficiaries
Nothing express or implied in this Addendum is intended or shall be deemed to confer upon any person other than Covered Entity, Business Associate, and their respective successors and assigns, as permitted pursuant to the Underlying Agreement, any rights, obligations, remedies or liabilities.
This Addendum may be executed in counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute one instrument. This Addendum and any counterpart original may be executed and transmitted by regular mail and email at email@example.com.
This Agreement Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Wilmington, Delaware, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
All notices required or permitted under this Agreement shall be in writing, except as otherwise provided, and sent to the other party at the address for such other party on the records of the party providing the notice. All such notices shall be deemed validly given upon receipt of such notice by certified mail, postage prepaid, facsimile transmission, or personal or courier delivery to the physical address listed in subsection b of this section.
If you have any questions about this Agreement, please contact us at: firstname.lastname@example.org. Please direct all written correspondence to:
The Objective Zero Foundation
2417 Sarbonne Drive
Oceanside, CA 92054
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum as of the Effective Date.
Name: Blake Bassett
Organization: The Objective Zero Foundation
Title: Executive Director, Co-Founder
Name: [ENTER NAME HERE]
Title: [ENTER TITLE HERE
Organization: [ENTER ORGANIZATION HERE]