ChronWell™

Revision Date: June 28, 2018

ChronWell, Inc.
Terms of Use
(Injured Party)

Please review these Terms of Use carefully. By clicking “I agree” as a part of your initial access to ChronWell’s mobile application, or by your use of any ChronWell website, you agree that these Terms of Use will govern your relationship with ChronWell, Inc. (referred to as “ChronWell,” “we,” “us,” or “our”). In these Terms of Use, “you” or “your” refers to the injured individual, or an individual acting on the injured individual’s behalf, who is accessing our services.

ChronWell’s Relationship with You

ChronWell is here to assist you with your workers compensation claim and help you with your treatment and recovery. This is a free service to you. We are paid by either your employer or your employer’s workers compensation insurance provider, in hopes that by assisting you with your claim and with the treatment of your injuries, you are more likely to be properly treated for your injuries and to recover more quickly. We are NOT a substitute for your own or a healthcare professional’s judgment about the treatment of your injury. While we can assist you, all decisions related to how your injuries are managed, the healthcare professionals you use, and what needs to be done related to your workers compensation insurance claim are completely up to you.We are not doctors, and we do not provide medical advice to you. All of our suggestions to you are just that—suggestions. You remain responsible for your care and treatment, as well as addressing any workers compensation claim.

Your Privacy

Our collection of your information and our uses of them are more specifically described in our Privacy Policy, which may be found at https://legal.chronwell.com/privacy-policy/en. The Privacy Policy describes in detail how we receive your personal information, what personal information we collect, how we use your personal information, and to whom we provide your personal information. Please refer to the Privacy Policy for complete details. Generally speaking, we collect personal information about you for the purposes of providing our services—to you, to your employer, to the applicable workers compensation insurance provider, and to contractors of your employer or the workers compensation provider. Because our services relate to your health, your work, your injury, your insurance, your treatment, your recovery, and the like, we obtain significant amount of personal information about you. While we believe that your use of our services can be beneficial to you, your employer, and the applicable workers compensation insurance provider, some of the information we collect may be used to determine whether you have falsified your workers compensation claim, especially if the information we receive or capture is inconsistent with the workers compensation claims you have made. As with many things in life, it is important not to lie. Misrepresentations to your employer or insurance company may be criminal, result in civil liability, could result in the loss of insurance benefits, or could result in your being fired by your employer. The information in this section of the Terms of Use are a general description and not a comprehensive description of what personal information we collect or receive, so you should refer to the Privacy Policy itself for more details. You consent to our collection and use of your information as described in our Privacy Policy.

Contact Information

If you have questions about these Terms of Use or about our services, please contact us at terms@chronwell.com.

ChronWell Services Generally

We provide services designed to assist individuals and companies with the management of workers compensation claims. As a part of those services, we may interact with you through our website (“our website”), by sending you and receiving from you text and email messages, by our providing written materials to you, through a mobile device application that you can download from the Apple AppStore or Google Play (“our app”), through our interactive telephone systems, and through conversations with our personnel. These Terms of Use collectively refer to all services that we provide to you, together with your rights to use and access our website and our app, as “our services.” While we will sometimes refer to our app, our website, and our services in combination with each other for emphasis, the use of “our services” in these Terms of Use includes all means through which you access our services. The services that we may provide to you are broadly categorized below, along with examples of the kinds of services we provide. The specific services we make available to you will vary depending on what your employer or its insurer asks us to do. Recovery Assistant by ChronWell™: We provide assistance with determining the potential severity of a particular injury and provide suggestions for the appropriate level of healthcare services for the nature of your injury. For minor injuries that normally do not require the immediate attention of a healthcare provider, we may also provide general guidance about the kind of self-care that is regularly suggested for those types of injuries. ChronWell™: We receive information from you and your employer about you and the nature and circumstances of your injury. We provide that information to your employer, to your employer’s workers compensation insurance company, to service providers to your employer or workers compensation insurance company, and to certain healthcare professionals. We can also provide information about what healthcare providers are on your medical and workers compensation insurance plans. Depending on the services your employer or its insurer requests us to provide, we may also offer other services to you. Those services may include, among others, assistance with scheduling appointments, providing reminders of appointments, assistance in arranging transportation, and help coordinating insurance payments to which you are entitled. ChronWell provides some of these services directly to those individuals who have been injured, along with those individuals who are authorized to act on behalf of an injured individual, such as a spouse, guardian, or adult child of an injured individual.

Our App

We may provide you with access to our app, for your use with other parts of our services. Your use of our app is subject to these Terms of Use, as well as the terms and conditions that you must agree to as a part of the download and initial use of our app.

Limitations of Our Services

The information we provide and suggestions we make about the treatment for your injuries are generally the kind of information you would receive from a “triage” nurse. We help determine the appropriate level of healthcare based on information that you provide and based on the regularly-suggested kinds of treatment for the kinds of injuries you tell us you have suffered. The information we provide to you is heavily dependent on what you tell us. If the information you provide us is incomplete or inaccurate, our suggestions to you might be different than if we knew the whole story. Not all injuries of a similar nature should treated the same way. Our suggestions to you are based on a customary way that a particular injury is addressed and may not be appropriate for your particular situation.

Your Responsibilities

Registration

For you to use our services, you must register and provide the required information indicated on the registration form. You represent to us and warrant that all information provided by you in connection with registration is true, accurate, complete and up-to-date, and you agree to make any changes necessary to your user profile on our services to ensure that such information is true, accurate, complete and up-to-date at all times.

Our App and Our Website

When you first use our app and access our website, you will be required to register. Use of our app and our website is personal to you and non-transferable. You will not allow anyone else to use our website using your ID and password or use our app. You are responsible for all use of our services, regardless of the identity of the person making such use. ChronWell and its licensors and suppliers will not have any responsibility or liability in connection with any unauthorized use of our app, our website, or our services. You will immediately notify us if you become aware of a breach of security with respect to our app, our website, our services, or of any other breach of security.

Your Information

You are responsible for the accuracy, quality, and legality of the information you provide to us. You will use reasonable efforts to prevent unauthorized access to or use of our services. You will notify us promptly if you become aware of any unauthorized access or use. You will use our services only in accordance with these Terms of Use. You will comply with all laws applicable your use of our services. You will not:
  1. make any of our services available to, or use our services for the benefit of, anyone other than yourself (other than if you are a spouse, guardian, or adult child of the person suffering the injury and are acting on the injured person’s behalf);
  2. lease, license, sell, sublicense, or otherwise transfer access to or use of our services;
  3. interfere with or disrupt the integrity or performance of our services;
  4. attempt to gain unauthorized access to any of our services;
  5. permit direct or indirect access to or use of our services in a way that circumvents any usage limits;
  6. copy our services or any part, feature, function, software, or user interface of our services;
  7. access or use our services in order to create or facilitate the creation or distribution of a competitive product or service; or
  8. reverse engineer any of the software we use to provide our services.

License to Use Your Information

We do not claim ownership rights in the information you provide to us. However, by uploading, submitting, emailing, posting, texting, publishing, providing, approving, sharing or otherwise making available any of your information to us, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicenseable, perpetual and irrevocable right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise use the information you provide in any form, medium, or technology now known or later developed, including, without limitation, information you provide on our website, through our app, through our voice response system, in email or text responses, in discussions with our personnel, or otherwise. However, our rights to use your information are limited by our Privacy Policy and the section below entitled “Use of De-identified or Aggregated Information.” You represent and warrant to us that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to us. We shall own all right, title and interest in and to all derivative works and compilations of your information that are created by us, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by us to give to us the full benefit of the rights granted to us by you.

Our Ownership

Generally

We and our licensors own all right, title, and interest, including, without limitation, all worldwide intellectual property rights, in all content and information in our services, all information we send to you, and the trademarks, service marks, and logos contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our content and information, other user information or related products or services.

Disclaimer

e have no ability to control the information of other users that are uploaded, posted, transmitted, provided, or otherwise made available using our services and do not have any obligation to monitor such information for any purpose. We do not endorse any such information or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against us and our licensors and suppliers, with respect thereto.

Copyrighted Materials

If you become aware of misuse of our websites or content or information thereon by any person, please contact us to report any abuse. We’ve adopted and implemented a policy that provides for the termination accounts of users who infringe the rights of copyright holders. Please see our Copyright and Intellectual Property Policy for further information.

Use of De-identified or Aggregated Information

You agree that data derived by us from our performance or operation of our services or input by you may be used for the purposes described in our Privacy Policy at Section 6.D. As stated in the Privacy Policy agree that we may use such “de-identified data” (as defined in the Privacy Policy) may be used by us for any lawful purpose. Notwithstanding anything contained in these Terms of Use, de-identified data shall not contain any information that identifies or can be reasonably used to identify you or any other individual person.

Limitations on the Content You Provide to Us and Our Services

You will not use our services to:
  1. defame, abuse, harass, stalk, threaten any individual, or infringe or otherwise violate the legal rights (such as rights of privacy, publicity and intellectual property) of us or of others;
  2. distribute any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, or otherwise objectionable material or information (including any unsolicited commercial communications);
  3. engage in or encourage any conduct that could constitute a criminal offense or give rise to civil liability for us, including, without limitation, the offering or facilitation of prostitution or sex trafficking;
  4. misrepresent or in any other way falsely identify yourself or your affiliation, including through impersonation or altering any technical information in communications using our services;
  5. transmit or upload any material through our services that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting, or otherwise impairing our or any other person’s or entity’s network, computer system, or other equipment;
  6. interfere with or disrupt our services, networks, or servers connected to our systems or violate the regulations, policies, or procedures of such networks or servers, including unlawful or unauthorized altering any of the information submitted through our services;
  7. attempt to gain unauthorized access to our services, our other customers’ computer systems or networks using our services through any means; or
  8. interfere with another person’s use of our services.
We may, but have no obligation to, monitor your use of our services.

Removal of Your Content

If we are requested by any third-party rights holder to remove content that you provided to us or that is a part of our services, or if we receive information that such content provided to us through our services may violate applicable law or third-party rights, we may discontinue your access to such content, or may notify you that you must discontinue all use of such content, and to the extent not prohibited by law, you will immediately cease all such use. We may also disable the applicable content and your access to our services until the potential violation is resolved. We are authorized to provide a copy of that confirmation to any third-party claimant or governmental authority, as applicable.

Termination of Our Services

We will only provide services to you so long as either your employer or your employer’s workers compensation insurance provider engages us to perform our services and so long as you abide by these Terms of Use. This is a free service; we may terminate all or any part of our services to you at any time, with or without notice, for any reason or no reason.

Ownership of the Services

We and our licensors are, and shall remain, the sole and exclusive owner of all rights, title, and interest in and to our services and any documentation of our services, and any derivatives, improvements, or modifications to the same, including best practices and machine learning developed or discovered in the course of providing our services, and all intellectual property rights in each of the foregoing. No implied license or implied right of any kind is granted to you regarding our services, including any right to use, reproduce, market, sell, translate, distribute, transfer, adopt, disassemble, decompile, reverse engineer, or possess the software that operates our website or our app or other technical material, or any portions thereof.

Linking

You may not link to our services from any website without our prior written consent. If and where our services provide links to any third party websites, such websites may not be under our control and, accordingly, we will have no responsibility for, and we do not make any representations or warranties with respect to, such websites or any content, products or services in connection with such other websites, and we do not endorse any of the same.

Compliance with Laws

You will comply with all applicable laws, rules and regulations in connection with your use of our services.

Changes to Services

We reserve the right to change without notice, at our sole discretion, the content, presentation, performance, functionality, and availability of our services.

Downtime, Data Loss and Security

You understand and agree that no representation or warranty is made with respect to the functionality or availability of our services, and that all or any portion of our services may for a variety of reasons be unavailable to you for use either temporarily or permanently without notice. You further agree and understand that information and data related to our services may be irretrievably lost or destroyed at any time, and it will be your responsibility to make all necessary copies and backups of any appropriate information and data posted to or obtained or available from our services. You agree that we, our licensors and suppliers, will not have any liability due to your inability to access our services, any portion thereof or any related data or information, and will not have any liability in connection with the loss or destruction of any such data or information. You understand and acknowledge that no services or network is immune from unauthorized access. Accordingly, we will not have any liability or responsibility in connection with any unauthorized access to our services. You understand and agree that our services may be unavailable due to scheduled or unscheduled maintenance or downtime. We reserve the right to prevent or limit access to our services for security, upgrades or other reasonable purposes.

Disclaimer of Warranties

WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT AND OUR SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY IS MADE THAT USE OF OUR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT THE FUNCTIONALITY OF OUR SERVICES WILL MEET YOUR REQUIREMENTS.

Exclusions of Liability

Exclusion of Damages

IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, REPUTATION, OR DATA, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Liability Cap

N NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN THE AGGREGATE.

General

Governing Law

THESE TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH APPLICABLE U.S. FEDERAL LAW AND THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

Disputes, Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by binding arbitration, rather than in court. The arbitration shall be held in Broward County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on any arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. We both agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Amendment; Assignment

e may amend these Terms of Use at any time. Upon posting on our websites the new terms are automatically effective and binding on you from the effective date of those changes. By continuing to access or use our services after we make any such revision, you agree to be bound by the revised Terms of Use. Each version of these Terms of Use will be identified at the top of the page by the revision date. If you do not wish to accept such amendment, you should cease your use of our services. These Terms of Use may not be otherwise amended. No waiver by us of any term or condition of these Terms of Use will be effective unless made in writing. You may not assign, transfer, change or otherwise seek to deal with any rights or obligations under these Terms of Use without our prior written consent. We may assign these Terms of Use.

Notices

Any notice or other communication to be given under these Terms of Use will be in writing and given (a) by us to you via email (in each case to the address that you provide), (b) by us to you via a posting on our websites, or (c) by you to us via email to notices@chronwell.com or to such other addresses as we may specify in writing. The date of sending shall be deemed the date on which such notice is delivered.

Miscellaneous

In the event of any conflict between these Terms of Use and any procedures or requirements set out in our services, the provisions of these Terms of Use will prevail. If any provision of these Terms of Use is held to be invalid, void or illegal, it will be severed from these Terms of Use and will not affect, impair or invalidate any other provision, and it will be replaced by a provision which comes closest to such severed provision in language and intent without being invalid, void or illegal. No right under these Terms of Use or breach hereof may be waived except in writing signed by the parties hereto. The failure of either party to require performance of any provision of these Terms of Use will not be construed as a waiver of such party's rights to insist on performance of such provision or any other provision at some other time. The relationship of the parties under these Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. Nothing in these Terms of Use is intended to, nor will, create any third-party beneficiaries, whether intended or incidental. These Terms of Use constitute the entire agreement between us and you with respect to the subject matter hereof.