Terms of Use

Effective Date: October 6, 2021

Please read these Terms of Use (“Terms”) carefully before accessing or using the ZwellBeingTM web-based platform at survey.myzwellbeing.com and our related services provided through the platform (the “Service”) operated by Sneez, LLC  (“Sneez,” “us”, “we”, or “our”). We may also operate other platforms or services, which are subject to separate terms.

Your access to and use of our Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users and others who wish to access or use the Service. By accessing or using the Service or clicking to accept these Terms you agree to be bound by these Terms, you represent and warrant that you are at least 18 years old (or older if the age of majority is older than 18 in your state of residence) and you represent and warrant that you are fully able and competent to enter agree to these Terms as a contract between you and us. If you are less than 18 years old (or less than the age of majority in your state of residence), you represent and warrant that your parent(s) or guardian have granted all necessary consents for you to be fully able to use our Service (such consents and authorization are to be obtained and executed through your Sponsor Organization, as defined below). If you (or your parents or guardians, if applicable) disagree with any part of these Terms or if you are less than 18 years old (or less than the age of majority in your state of residence), and your parent(s) or guardian have not granted all necessary consents for you to be fully able to use our Service, then you do not have permission to access or use our Service and should discontinue use of the Service immediately. In no event shall this Service be used by anyone less than age thirteen (13) years old. 

​Limits on Who Can Use the Service: You are not authorized to use the Service and will not be granted access to any content available through the Service unless the organization engaging you as a participant (“Sponsor Organization”) is an authorized commercial user of the Service (meaning, it has an enterprise contract with us), or you have otherwise received an invitation or request to use the Service.

Disclaimer for Users: The Service is not intended to diagnose, treat, cure, or prevent any disease, illness or condition. The content contained in the Service is intended to be general in nature and should not be considered to be legal or medical, mental health, psychological or behavioral health advice. In all cases you should consult with a professional relevant to your particular situation before making any decisions on legal or medical, mental health, psychological or behavioral health matters. Sneez is not liable and does not accept any responsibility with regard to any action or abstention from action (1) by you related to information provided in the Service, including how you may interpret that information, (2) by any healthcare provider or system, medical or behavioral healthcare practice or practitioner or their staff/employees, or governmental or public health entity, or (3) by any other entity providing access to the Service to its patients, clients, students, members or anyone connected to that relevant entity.

Along with these Terms, please read our Privacy Policy and refer to it before you submit any personal information through the Service. The Privacy Policy is hereby incorporated and made part of these Terms.

Purpose

The Service does not provide medical advice nor medical diagnosis or treatment. Consult a care provider organization (“Provider Organization”) for medical diagnosis and treatment. The Service and any content made available via the Service, are for personal reflection and informational purposes only, and are not intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your Provider Organization with any questions you may have regarding a medical, mental health, psychological or behavioral health condition or matter. Do not disregard professional or medical advice or delay in seeking it because of something you have read on or in the Service. Reliance on and use of any information provided by the Service is solely at your own risk. Sneez does not recommend or endorse any specific tests, providers, products, procedures, opinions, or other information that may be made available to you through the Service. Sneez does not make any representations or warranties concerning any treatment, application of medication or other action by any person based on information accessed through the Service.

Your Rights and Communication Preferences

The Service is designed to allow you to easily connect to relevant resources related to your wellbeing. The Service is also designed for your Sponsor Organization to periodically check in on your wellbeing through the use of proprietary ZwellChecks. In most situations, your Sponsor Organization will only have access to de-identified aggregated ZwellCheck responses;  however, there are several situations where a Sponsor Organization may be allowed access to individual responses under occupational health and safety laws as well as certain situations where your Sponsor Organization is a provider of medical, behavioral health, or claims processing services, as explained in further detail in the Privacy Policy, Paragraph 3 “Information We Share With Others.” Please refer to our Privacy Policy for more information about what we do with ZwellCheck information and what information we share with others. 

Do not use or rely on the Service to send urgent or emergency messages to anyone, as other users of the Services are not able to use the Service to respond to you or have a two-way communication with you. Reach out to your Provider Organization, or doctor directly, or call 9-1-1, if you have an emergency. 

When you register for the Service, by providing your mobile number and consent, you warrant that you are the subscriber or customary user of that mobile number, agree to notify us if your wireless service for that number is canceled or the number changes, and expressly consent to receive essential communications related to your use of the Service via SMS text messages from us sent using automated dialing technology. You also accept any message and data rates that may apply for receipt of a text message and agree that neither Sneez nor text message carriers are liable for delayed or undeliverable messages. Your agreement to receive text messages is not a condition or required to use the Service but you may be requested to accept such text messages relevant to your use of the Service by your Sponsor Organization, such as your employer, school, or other referring organization. You may choose to receive reminder SMS text messages or emails from us related to your use of the Service. If you do not have a US mobile number, we will also collect your email address. By providing your email address, you agree that you are the primary subscriber of that email address and expressly consent to receive essential communications related to your use of the Service via emails from us. You may opt out of SMS text messages or emails from us at any time by sending the word ‘STOP’ in your response to a text message or email from us, or by contacting us at contact@myzwellbeing.com. SMS text messages and emails are not encrypted and could be visible to the provider of your mobile, data or internet service.  Do not share confidential information or other information you are not comfortable sharing in such circumstances through these communication methods.

Use of Our Service

Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Service or any content, information, software, products or services obtained from the Service, for any commercial purpose or enterprise, without our prior written permission. You may not use the Service or any content within the Service for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes or violates the rights of Sneez, or other individuals or entities.

 

Your rights: Subject to the limits on use below and in the “Acceptable Use” section below, you may access the Service and display the pages of the Service and, subject to any expressly stated restrictions or limitations relating to specific material on the Service, electronically copy, download onto your personal computer, mobile device or other technology used to access the Service, and print single hard copy portions of the pages from the Service solely for your own personal, noncommercial, lawful use. If you make any other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Limits on use: You may not (a) decompile, disassemble or reverse engineer the Service or any portion thereof, (b) attempt to gain unauthorized access to the Service, any portion thereof, including content accessible via the Service, or any other computer systems or platforms through the Service, (c) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Service or any content on Service, or (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service to its source. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

Acceptable Use

You are prohibited from using the Service to share content that:

  • Contains knowingly false, or intentionally misleading, content.
  • Otherwise violates these Terms or our Privacy Policy.

You also are not allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your userID, let anyone else access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from the Service, unless specifically authorized to do so in writing.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so by us in advance in writing.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so by us in advance in writing.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone else, directly or indirectly, do any of the things prohibited under this Acceptable Use section.

Registration 

When you register to use the Service, you are required to submit certain personal information to us. We will issue you a userID for the Service. When you register with us, you represent that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete or other information prohibited under these Terms may result in the immediate termination of your access to the Service.

You are responsible for maintaining the confidentiality of your userID. You agree to accept responsibility for any and all activities or actions that occur under your userID including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your userID. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your userID. It is your sole responsibility to control the dissemination and use of your userID, and notify us when you desire to cancel your registration with the Service. You may not use anyone else’s userID for any purpose at any time on the Service. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by Sneez or any other user to the Service if your failure to keep your userID secure.

Intellectual Property

Sneez and its licensors own all right, title and interest in and to the Service, including, without limitation, all the text, content (other than “Content” provided by users), graphics, interfaces, features, functions, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Service, and the compilation of the content, code, data and materials on the Service, including but not limited to all intellectual property and proprietary rights therein. Your use of the Service does not grant to you ownership in, or rights to, any of the foregoing. The Service is copyright protected as a collective work under the United States’ and other copyright laws, and is the property of Sneez. The collective work includes works that are licensed to Sneez. Unless otherwise indicated on the Service, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Sneez, its affiliates and their respective licensors. These Terms do not grant any license or other authorization to use the Marks.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sneez. Sneez has no control over, and assumes no responsibility for the content, privacy policies, advice or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Sneez shall not be responsible or liable, directly or indirectly, for any damage or loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms or our Privacy Policy or at the request of the company that engages you as an employee or consultant or other organization that requested that you have access to the Service. If you wish to terminate your use of the Service, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modifying and Terminating Our Services

We are constantly changing and improving our Service. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Sneez may terminate your use of any Service for any reason. You can stop using our Service at any time.

Indemnification

You agree to defend, indemnify and hold harmless Sneez and its licensors, and their respective employees, contractors, agents, officers and directors, as well as other users of the Service, from and  against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) use and access of the Service, by you or any person using your account; (b) breach of these Terms by you or any person using your account, (c) violation of the law or any third party right by you or any person using your account, (d) Content posted on the Service by you or any person using your account, or (e) any activity otherwise related to use of the Service (including negligent or wrongful conduct) by you or any person using your account.

Limitation of Liability

IN NO EVENT SHALL SNEEZ, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL OR REPUTATIONAL HARM, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RESULTING FROM (I) ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE BY YOU OR ANY PERSON USING YOUR ACCOUNT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, IN EACH CASE, WHETHER DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, (NEGLIGENCE) OR OTHERWISE), ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE EXCEED $10 (UNITED STATES DOLLARS).

Disclaimer

Your use of the Service is at your sole risk. THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY

MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PROTECTED ENTITIES DO NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SNEEZ, DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICE AT ANY TIME, FOR ANY REASON.  YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Jurisdictional Issues

The Service is operated out of the United States. Sneez makes no representation that our Service, or content or information available through the Service are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the Service outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export any materials on the Service in violation of United States’ or any other jurisdiction’s export, re-export, or import laws and regulations.

Governing Law

These Terms and the relationship between you and Sneez, shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts of North Carolina. Our failure to enforce any right or provision of these Terms will not be considered a future or ongoing waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Sneez, may assign its rights and duties under these Terms to any party at any time without notice to you.

Electronic Communications

The communications between you and us use electronic means, whether through the Service or via SMS text message or email.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

Mobile Services

You understand that if your access to and use of the Service is through a mobile device or application, that you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier. SMS text messages and emails are not encrypted and could be visible to the provider of your mobile, data or internet service.  Do not share confidential information or other information you are not comfortable sharing in such circumstances through these communication methods.

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms or the Service at any time. Any amendments to these Terms will become effective upon posting of the revised terms. If a revision is material, we will provide advance notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions to these terms become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should discontinue its use immediately.

Contact Us

If you have any questions about these Terms, please email us at contact@myzwellbeing.com