PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE, BY DOWNLOADING OR ACCESSING THE THERAPAY REWARDS SOFTWARE APPLICATION, OWNED BY RECIPROCITY HEALTH, YOU ACCEPT AND AGREE TO THEM. THE THERAPAY REWARDS SOFTWARE APPLICATION PROVIDES REGISTERED MEMBERS AN EASY TO UNDERSTAND TO DO LIST OF HEALTHY ACTIVITIES RECOMMENDED BY THE MEMBER’S INSURANCE PROVIDER AND REWARDS THE COMPLETION OF THOSE ACTIVITIES WITH FINANCIAL INCENTIVES LOADED ONTO A RELOADABLE DEBIT CARD. THE ACTIVITIES REQUIRED IN THERAPAY REWARD PROGRAMS REQUIRE CHANGES TO CURRENT HEALTH HABITS SUCH AS INCREASED PHYSICAL ACTIVITY, CHANGES IN DIET, OR ADHERENCE TO A CARE PROGRAM OR PRESCRIBED MEDICATION. RISKS MAY VARY BY INDIVIDUAL. CONTACT YOUR DOCTOR TO UNDERSTAND YOUR INDIVIDUAL RISKS. PLEASE ALSO READ OUR PRIVACY POLICY TO LEARN HOW WE COLLECT AND USE INFORMATION.
Last Revised: September 15, 2022
Welcome to Reciprocity Health!
These Reciprocity Health Terms of Use (these “Terms”) explain the relationship between Reciprocity Health, Inc. (“Reciprocity Health”, “we” or “us”) and you when you download, install, use and, in some cases, purchase a license to use Reciprocity Health’s proprietary software applications, including TheraPay™, and/or use Reciprocity Health’s web portal, including all related documentation, updates, changes, and upgrades (collectively, the “Products”). Further, these Terms set forth the agreement, conditions, and limitations on use of the Products.
For the purposes of these Terms, “you” or “your” refers to you as the user of the Products.
THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND RECIPROCITY HEALTH. BY USING THE PRODUCTS, YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
1. License Grant.The Products are owned by Reciprocity Health and are licensed, not sold, to you. Reciprocity Health grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access, download, install and use the Products subject to the limitations set forth in these Terms, any relevant registration form provided by Reciprocity Health with the Products (“Order Form”) and any and all other terms and policies set forth in the Products. You acknowledge that the source code for the Products and other trade secrets embodied in the Products have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Reciprocity Health.
2.Use of Products.
2(A). Registration: You are required to register and create an account to use the Products (“Account”). You agree that you will maintain and update your registration and account information to ensure it is current, complete and accurate and that we have the right to terminate your Account and use of the Products if you provide untrue, incomplete or inaccurate information.
2(B). Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the Products. Reciprocity Health does not guarantee that the Products are accessible on any particular equipment or device or with any particular software or service plan.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person that you have not verified or trust.To keep and protect your privacy, the access to your Account may require the use of a username and of a password. You are responsible to keep the secrecy of your username and password, and responsible for any actions performed under your password. You are requested to inform us about any illegal use of your username or password, or about other security issues that come to your attention in connection with the use of your username or password.
You will use the Products only for your internal use and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the Products. You agree that you will not use the Products for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third-party privacy or other rights. You agree that you will not use the Products if you are under the age of majority in your place of residence or otherwise not fully able and competent to agree to these Terms.
If you use the Products on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Reciprocity Health is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider.
Except as specifically permitted in these Terms or expressly authorized in writing by Reciprocity Health, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the Products; (b) use any of the Products in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt, create derivative works of, translate, localize,port or otherwise modify any of the Products; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c).
You are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Products; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Products; (y) use any means to discover the source code of the Products or to discover the trade secrets in the Products; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Products.
- You are responsible for complying with all laws, rules and regulations that apply to your use of the Products.
- You understand that in order to properly use the Products you will need to accept “push notifications” from the Products (which may be done in the “settings” of your authorized device).
- You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
- access and/or use anyone else’s account registration information, or access and/or use the Products by use of anyone else’s account/profile and/or account registration information;
- authorize or permit anyone else to access and/or use your account registration information, or access, visit and/or use the Products by use of your account/profile and/or registration information or impersonate, imitate or pretend to be somebody else;
- except as permitted by us, make any commercial, advertising, promotional, or marketing use of the Products;
- post, upload, transmit, send or otherwise make available on or through the Products any content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
- use any bots, cheats, macros, scripts, or any form of auto-responder, or use any other automated process;
- engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Products any content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Products;
- use any language that is, or post, upload, transmit, send or otherwise make available on or through the Products any content about a group that is, hateful, violent, or that victimizes, degrades, defiles or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
- use any language, or post, upload, transmit, send or otherwise make available on or through the Products any content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, child pornography, fraud, or invasion of privacy;
- use any language that is, or post, upload, transmit, send or otherwise make available on or through the Products any content that is pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
- use any language, or post, upload, transmit, send or otherwise make available on or through the Products any content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
- post, upload, transmit, send or otherwise make available on or through the Products any content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets; or
- post, upload, transmit, send or otherwise make available on or through the Products any content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, other users, and/or any third party;
2(C). Communications: Reciprocity Health may communicate with you by email, telephone call, text message, push notifications, or posting notices on the software application. You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us and using the software application on your computer and as installed on your mobile device for iOS Application-related purposes (e.g., without limitation, notifying you about services, information on new products or features). If you call us by telephone, the telephone call may be recorded for quality and training purposes.
2(D). Our Responsibilities: Reciprocity Health is responsible for providing the Products in accordance with these Terms.
We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Products (including Your Content as defined in Section 3 below).Reciprocity Health reserves the right but is not obligated to improve, enhance or modify the Products.
We will notify you in advance of changes to the Products that may significantly adversely affect the manner in which you use the Products or the manner in which the Products perform.Reciprocity Health is not responsible for the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the Products (collectively, “Other Services”). Other Services include third party services that may be offered via the Products. YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
2(E). Availability: We use commercially reasonable efforts to make the Products available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, emergency maintenance, limited downtime of five minutes or less, and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures or delays and systemic electrical, telecommunications or other utility outages or failures).
2(F). Incentive Programs/Rewards. In collaboration with our clients, we leverage our Products to design and manage condition-specific incentive programs to member populations and you may use the Products to participate in such incentive programs. Reciprocity Health is not a healthcare provider and is not responsible for any activities that you choose to participate in with respect to any incentive program. Any financial incentives that you earn through the applicable incentive program are funded solely our third party clients and not us, and will not be paid until after they have been funded. Reciprocity Health reserves the right to decline payment of rewards, with the permission of our client, if it is found that you have provided false information or did not truthfully complete a reward activity in good faith. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE INCENTIVE PROGRAMS OR THE AVAILABILITY OF ANY FINANCIAL REWARDS OR INCENTIVES OFFERED THROUGH SUCH PROGRAMS. THE INCENTIVE PROGRAMS ARE PROVIDED BY RECIPROCITY HEALTH ON AN “AS IS” BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT ANY WARRANTY WHATSOEVER2(G). Tax Implications. Should you earn and receive any financial incentives through the applicable incentive program, you should consult your tax advisor as to whether the value of the incentives awarded constitute taxable income that must be reported to the Internal Revenue Service. If you receive incentives with a value of $600 or more in a calendar year, you will be issued IRS Form 1099 Misc.
3. Your Content. The Products may allow you to upload and transmit certain information and other content to and through the Products, including, without limitation, information on your exercise history, medications taken, vaccinations, etc. (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Reciprocity Health will use Your Content to provide the Products to you and will make Your Content available to third parties at your request through your use of the Products. You have or will obtain all rights necessary to provide Your Content to Reciprocity Health and you hereby grant Reciprocity Health a worldwide license to use, reproduce, transmit, display and adapt your Content as necessary for Reciprocity Health to provide the Products to you in accordance with these Terms. Reciprocity Health will retain Your Content as provided in the Privacy Policy for as long as your account is active or as needed to provide you the Products. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Without limiting the terms of our Privacy Policy, you understand that information collected by your internet or mobile service provider and other third parties is used, stored, transferred and disclosed pursuant to your internet or mobile service provider’s or the third party’s terms, policies and practices.
We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Products.
4. Fees. Reciprocity Health does not currently charge for use of the Products. Reciprocity Health reserves the right to implement charges for use of the Products in the future upon thirty (30) days advance notice to you. If you do not agree to pay such fees, use of the Products will cease.
5. Warranties. Warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that (i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the Products.
THE PRODUCTS ARE LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING THEM. RECIPROCITY HEALTH, ON BEHALF OF ITSELF, GOOGLE, APPLE, WIRELESS CARRIERS OVER WHOSE NETWORK THE PRODUCTS ARE DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS (“DISTRIBUTORS”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE PRODUCTS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, RECIPROCITY HEALTH AND ALL DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RECIPROCITY HEALTH DOES NOT WARRANT THAT (A) THE PRODUCTS WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE PRODUCTS WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATIONS OR ANY PARTICULAR SYSTEMS OR DEVICES, (D) DEFECTS IN THE PRODUCTS WILL BE CORRECTED OR (E) THAT THE PRODUCTS WILL BE AVAILABLE FOR REINSTALLS ON THE SAME OR MULTIPLE DEVICES. ANY ORAL OR WRITTEN ADVICE PROVIDED BY RECIPROCITY HEALTH OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. RECIPROCITY HEALTH’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THE DELIVERY, USE OR PERFORMANCE OF THE PRODUCTS OR THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) WILL NOT EXCEED THE GREATER OF $25.00 (USD) OR THE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT; PROVIDED THAT IN NO EVENT SHALL RECIPROCITY HEALTH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF $25.00 (USD) OR THE TOTAL AMOUNT PAID BY YOU HEREUNDER.
IN NO EVENT WILL RECIPROCITY HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE PRODUCTS OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF RECIPROCITY HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms of these Terms and that Reciprocity Health would not be willing to grant you the rights set forth in these Terms but for your agreement to these limitations of liability.
7. Medical Diagnosis and Treatment. THE USE OF THIS PRODUCT SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR MEDICAL DIAGNOSIS AND TREATMENT WHICH MUST BE PROVIDED BY A LICENSED HEALTH CARE PROFESSIONAL. YOUR USE OF THE PRODUCT DOES NOT CREATE A PATIENT RELATIONSHIP WITH RECIPROCITY HEALTH. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY PLEASE CONTACT YOUR LOCAL EMERGENCY SERVICES.
8. Ownership. The Products, including the "look and feel" (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. You acknowledge and agree that Reciprocity Health owns all right, title and interest in and to the Products (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Reciprocity Health’s copyrights, patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms. Any and all (a) suggestions for correction, change and modification to the Products, evaluation data, evaluations and other feedback (including but not limited to quotations of written or oral feedback, information and reports provided to Reciprocity Health by you (collectively, “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Reciprocity Health or otherwise relating to the Products (collectively, “Revisions”), are and will remain the property of Reciprocity Health. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Products or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Reciprocity Health and Reciprocity Health may use and disclose Feedback and Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Reciprocity Health any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any and all other intellectual property rights) that you may have in and to any and all Feedback and Revisions. Upon request by Reciprocity Health, you will execute any document, registration or filing required to give effect to the foregoing assignment. In addition, Reciprocity Health shall have the right to copy, use, distribute, and display any information, analysis, statistics and other data generated by the Products (or derived from your use of the Products), including compilation of aggregated statistics about the Products; provided, however, that Reciprocity Health shall not publicly disclose or distribute any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with you.
9. Indemnification. You agree to indemnify and defend Reciprocity Health and its affiliates, directors, officers, employees and agents from and against all Claims brought against Reciprocity Health by any third party arising from your use of the Products or any violation of these Terms, the rights of a third party or applicable law. Your indemnification obligations set forth in this Section 8 apply to any applicable actions taken under your Account. Reciprocity Health reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Reciprocity Health may be made without Reciprocity Health’s prior written approval.
10. Modifications to Terms. We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Products after the “Last Revised” date at the top of this page. Your continued access or use of the Products after the modifications become effective is deemed your conclusive acceptance of the modified Terms.
11. Termination. These Terms will automatically terminate when you fail to comply with any term or condition of these Terms. In addition, either party may terminate your use of the Products at any time and for any reason. Upon termination, you will cease all use of the Products and will destroy any copy (full or partial) of any and all parts of the Products in your possession or control. Upon termination we will be under no obligation to store Your Content or make Your Content available to you and will delete Your Content from the Products in accordance with our then current policies. Termination will not limit any of Reciprocity Health’s other rights or remedies at law or in equity. This Section 11 along with Sections 6, 8, 9, 13 and 16 will survive any termination or expiration of these Terms.
12. Export Laws. You agree that you will not export or re-export, directly or indirectly, the Products and/or other information or materials provided by Reciprocity Health hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense, with all applicable United States export laws and regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the Products by any authority.
14. Remedies. You agree that a breach or a threatened breach of these Terms will cause injury to Reciprocity Health for which money damages will not provide an adequate remedy and Reciprocity Health will be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
15. Additional Terms Applicable to Reciprocity Health iOS Application.
15(A). Currently there is no fee to use the Products. In the future Reciprocity Health may elect to charge for use of the Products by notifying you thirty (30) days in advance. Please note that in the event that you have purchased an auto-renewing subscription through the Reciprocity Health iOS application then the payment will be charged to your iTunes Account at the confirmation of your purchase. Importantly, your subscription will auto-renew monthly at Reciprocity Health’s then current rates per account per month. The auto-renewals will occur unless auto-renew is turned off at least 24-hours before the end of the current renewal period. Your account will be charged for the renewal and identify the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscription and turn off auto-renewal by going to your Account Settings after purchase. No cancellation of your current subscription is allowed during the active subscription period.
15(B). You and Reciprocity Health acknowledge that this Agreement is concluded between You and Reciprocity Health only, and not with Apple, and Reciprocity Health, not Apple, is solely responsible for the Products and the content thereof.
15(C). The license granted to you to use the Products is limited to use on any iOS Products that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that the Products may be accessed and used by other accounts associated with the purchaser via Family Sharing. You and Reciprocity Health acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Products.
15(D). In the event of any failure of the Products to conform to any applicable warranty herein, you may notify Apple, and Apple may refund the purchase price for the Products to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
15(E). You and Reciprocity Health acknowledge that Reciprocity Health not Apple, is responsible for addressing any of your claims or of any third party relating to the Products and/or your use of the Products, including, but not limited to: (i) product liability claims; (ii) any claim that the Products fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Products’ use of the HealthKit and HomeKit frameworks.
15(F). You and Reciprocity Health acknowledge that, in the event of any third party claim that the Products or your possession and use of the Products infringes that third party’s intellectual property rights, Reciprocity Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15(G). You may contact Reciprocity Health at help@therapayrewards.com with any questions, complaints or claims with respect to the Products.
15(H). You and Reciprocity Health acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
16. SMS/Mobile Terms of Service
Reciprocity Health utilizes SMS text messages to remind program members of rewards available in their given program. You understand that providing your consent for such text messages is not a condition to obtain services from Reciprocity Health; however, you understand that some services are delivered via such communications, and failure to provide consent to receive such communications will result in such services being unavailable to you. You can cancel this SMS service at any time by replying STOP. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text START and we will start sending SMS messages to you again. If you are experiencing issues with the SMS messaging, you can get help by texting HELP or by e-mailing help@therapayrewards.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 10 SMS text messages when you participate in a TheraPay Rewards program, but the frequency of these messages will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy at https://www.therapayrewards.com/privacy-policy or contact privacy@reciprocityhealth.com.
17. Miscellaneous. Except as otherwise expressly set forth in these Terms, these Terms may not be modified except by a writing executed by the duly authorized representatives of Reciprocity Health. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Reciprocity Health but you may not assign them without the prior express written consent of Reciprocity Health. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. If either party fails to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide. You and Reciprocity Health agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms. Any litigation by one party against the other arising under these Terms or concerning any rights under these Terms will be commenced and maintained in any state or federal court located in the State of Delaware and both parties hereby submit to the jurisdiction and venue of any such court. For disputes involving an amount less than $10,000, the parties agree to resolve the dispute through binding arbitration to be held in the State of Delaware under the rules of the American Arbitration Association. Any claim arising out of these Terms, the Products must be brought within one (1) year of the date on which the claim arose. These Terms, together with our Privacy Policy, contain the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
Please direct questions regarding these Terms to our support team by submitting a request to
help@therapayrewards.com with the subject of “Terms of Use”.
Reciprocity Health, Inc.
P.O. Box 3508, Wilmington, DE 19807
Copyright © 2022 Reciprocity Health Inc.