Terms of service.
effective date: August 23, 2022
Note to Our Users: On August 23, 2022, Wingspan Health was acquired by Curative Health Holdings, Inc. These Terms of Service reflects the change in Wingspan Health’s ownership, and provides a few other updates.
1.1 Purpose
We offer an automated healthcare information aggregation service. Should you choose to become our Client, we will gather your information from any accounts you have linked. Wingspan Health’s Service is intended to assist you in managing your health information by having access to your health records in one convenient location. Wingspan Health does not provide medical advice.
1.2 Agreement
When you access Wingspan Health’s website at https://www.wingspanhealth.com and/or our mobile applications (collectively, "Wingspan Health"), you're agreeing with Curative Health Holdings, Inc. (“Curative”, “we”, or “our”) to be bound by the following Terms of Service. Please therefore take the time to read the following binding Terms of Service below.
For the purpose of this agreement a User is an individual who uses our website or mobile application to evaluate our service, or for educational purposes and a Client is an individual who has linked medical, healthcare, or insurance accounts or uploaded information to their user account. This Agreement, as well as the Privacy Policy applies to both Users and Clients.
2.1 Eligibility
Wingspan Health is intended solely for individuals who are 18 or older. Any access to or use of Wingspan Health by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Service. By accessing or using Wingspan Health, you represent and warrant that you are 18 or older.
2.2 Your Access
In order to access certain features of Wingspan Health, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. Wingspan Health has physical, electronic and procedural safeguards to protect Users' and Clients' personal information (see Privacy Policy).
You are responsible for safeguarding your password and other User Account information. Clients and Users should use a password that is unique to reduce the risk of unwanted hacking. You agree not to disclose your password to any third party and you will notify Curative immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You understand and agree that Curative is not responsible for lost or damaged information due to a User or Client’s failure to protect account credentials.
You agree that the information you provide to us on account registration through our website or mobile applications will be true, accurate, current, and complete.
You may not scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) as explained in Section 6.2.
2.3 Alerts, Notifications and Service Communications
By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly.
We never include your password in these communications, but we may include your name, or email address and information about your medical, healthcare, or insurance information if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts.
You may unsubscribe from marketing oriented emails at any time.
3.1 Not Medical Advice For Users and/or Clients
You understand and acknowledge that any healthcare related insight is purely for educational purposes and is not intended to replace advice from a healthcare provider or other expert. Wingspan Health’s content is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease. You agree and understand that Curative is not responsible for any health issues that may result from information learned through use of Wingspan Health. You agree as a User that you are responsible for your own healthcare research and medical decisions, that Wingspan Health is only one of many tools you may use as part of a comprehensive healthcare and medical education process, that you should not and will not rely on Wingspan Health as the primary basis of your healthcare, medical, or insurance decisions and, except as otherwise provided for herein, Curative will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of Wingspan Health or information you otherwise see on our website.
3.2 Disclaimer Warranties
Your use of Wingspan Health and the personal information you provide is at your sole discretion and risk. Wingspan Health’s Website and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Curative.
CURATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO WINGSPAN HEALTH’S WEBSITE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. CURATIVE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF WINGSPAN HEALTH, CONTENT AND/OR USER INFORMATION;
THAT WINGSPAN HEALTH WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED;
THAT WINGSPAN HEALTH WILL BE FREE FROM ELECTRONIC VIRUSES; OR
REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH WINGSPAN HEALTH INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from Wingspan Health shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
3.3 Limitation of Liability
IN NO EVENT SHALL CURATIVE OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WINGSPAN HEALTH, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH WINGSPAN HEALTH OR FOR ANY MEDICAL, HEALTHCARE, OR FINANCIAL DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CURATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL CURATIVE’S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
4.1 Indemnification
You will indemnify and hold harmless Curative and its officer, directors, shareholder, agents and employees, from and against any and all claims, demands, losses, liabilities, costs and expenses, including but not limited to costs of investigation and attorneys’ fees, in whole or in part arising out of or attributable to (i) your access to or use of Wingspan Health (ii) any breach of this Agreement by you, (iii) your use or inability to use the Service, (iv) any Content submitted by you or (v) your violation of applicable laws.
4.2 Third Party Content
Wingspan Health may contain links to third-party websites, apps, services and resources (“Third Party Resources”) that are not controlled by Curative. Curative is not responsible for any material or content a User or Client engages with from a Third Party Resource. You understand and agree you assume all risk arising from your use of any Third Party Resources.
4.3 Termination
You may request termination of your User Account at any time and for any reason by sending an email to support@wingspanhealth.com.
We may terminate or suspend your access to Wingspan Health, in our sole discretion, at any time for any reason without notice to you. As a result, Curative may delete your information upon terminating your account. Further, if we believe, in our sole discretion, that a violation of these Terms of Service has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Service. We may seek to gather information from a user who is suspected of violating these Terms of Service (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Service.
Any suspension, termination, or cancellation shall not affect your obligations to Curative under these Terms of Service (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
5.1 Dispute Resolution
You agree that these Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A. excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Service will be brought exclusively in courts located in San Francisco, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
6.1 Dos.
You agree you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated;
Use the services solely for your personal, non-commercial use;
Use your real name on your profile and keep your password confidential;
Use the Services in a professional manner
6.2 Don'ts.
You agree you won't:
Circumvent, disable, or otherwise interfere with security-related features of Wingspan Health or features that prevent or restrict use or copying of any content or User information;
Upload, email, transmit, provide, or otherwise make available:
any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or
any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or
unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or
any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of Wingspan Health; or
any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to Wingspan Health; or
any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information;
Use any meta tags or other hidden text or metadata utilizing a Wingspan Health name, trademark, URL or product name;
Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use Wingspan Health to send altered, deceptive, or false source- identifying information;
Interfere with or disrupt (or attempt to interfere with or disrupt) any Wingspan Health web page, server, or network, or the technical delivery systems of Wingspan Health’s providers, or disobey any requirements, procedures, policies, or regulations of networks connected to Wingspan Health.
Attempt to probe, scan, or test the vulnerability of any Wingspan Health system or network or breach or impair or circumvent any security or authentication measures protecting Wingspan Health;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide Wingspan Health;
Attempt to access, search, or meta-search Wingspan Health or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by Wingspan Health or other generally available third- party web browsers, including without limitation any software that sends queries to Wingspan Health to determine how a website or web page ranks;
Violate the terms of service or any other rule or agreement applicable to you or Wingspan Health’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
Collect or store personal information about other users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
Copyright Wingspan Health’s web design or web layout;
Solicit any User for any commercial or promotional transaction;
Violate any applicable law, regulation, or ordinance;
Scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or
Copy or use the information, content or data on Wingspan Health in connection with a competitive service (as determined by Curative);
Monitor Wingspan Health’s availability, performance or functionality for any competitive purposes
Use Wingspan Health or content thereon in any manner not permitted by these Terms of Service
Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of Wingspan Health or content thereon by any person, please contact Curative to report any abuse. Curative has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders.
In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent Curative, and any prohibited assignment will be null and void.
Curative may assign this Terms of Service Agreement or any rights hereunder without your consent. The relationship of the parties under these Terms of Service is that of independent contractors, and these Terms of Service will not be construed to imply that either party is the agent, employee, or joint venture of the other. Note that if you elect to become a Client, the relationship of the parties will be governed by these Terms of Service, our Privacy Policy and any additional terms to which you agree when you create and fund an investment account.
We reserve the right to change this Agreement by posting a revised Terms of Service. If you don't agree with these changes, you must stop using Wingspan Health.
You agree the only way to provide us legal notice is at the address provided in Section 8.6.
7.1 International Use
Wingspan Health is only available for use in the United States. We make no representation that Wingspan Health is appropriate or available for use outside the United States. Similarly, we make no representations that accessing Wingspan Health from locations outside the United States is legal or permissible by local law. If you access Wingspan Health from areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws.
8.1 Integration & Severability
This Agreement is the entire agreement between you and us with respect to Wingspan Health, and your use of our website and mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
8.2 Communication
By providing your email address and phone number through Wingspan Health you expressly authorize Curative to contact you via email or phone from time to time regarding (i) completing the process for registering for an account, (ii) certain changes made to your Wingspan Health account, such as a change in your Registration Information, (iii) updates to your Patient Information, (iv) question related to retrieving your Patient Information, (vi) customer service matters and/or (vi) to let you know of changes to the Service. Emails will be sent to the email address you have provided as your primary email address for the Service. If your email address or your phone number changes, you are responsible for informing Curative of that change. Emails to you may include your Login ID, general information about your account, and/or certain details regarding one of your doctor visits, including, but not limited to, (i) the name of a doctor, (ii) the specialty or practice name of a doctor, (iii) the name of the procedure conducted at such visit or the type of exam and/or (iv) appointment dates. Notices and other communications will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available internet browser.
8.3 Entire Agreement
You agree that these Terms of Service and the rules, restrictions, and policies contained herein, and Curative’s enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and Curative. These Terms of Service together with Wingspan Health’s Privacy Policy constitute the entire agreement between Curative and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given by (i) Curative via email (in each case to the address that you provide), or (ii) you via email to support@wingspanhealth.com or to such other addresses as Wingspan Health may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
8.4 Feedback
Your feedback is welcome and encouraged. You may submit feedback by emailing us at support@wingspanhealth.com. You agree, however, that (i) by submitting unsolicited ideas to Wingspan Health or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of Curative. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to Curative together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
8.5 Force Majeure
Notwithstanding anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitaion, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
8.6 Questions
This document constitutes Wingspan Health’s complete Terms of Service for Wingspan Health and related services.
If you have questions about these Terms of Service or about Wingspan Health or content thereon, please contact Curative at support@wingspanhealth.com.