- How the App works
- Retired services (like Pyx Pals and health care zone notifications)
- Conditions on your use of the App
- Prohibited uses of the App
- Text messages and phone calls
- Third party content
- MEDICAL DISCLAIMER, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER
How the App works
The App is intended to be used by adults (18 years of age or older) who are either a member of a health plan or a patient of a health care provider that has chosen to offer the App to their members or patients (collectively, “Patients”). A health plan or health care provider customer may also decide to provide the App to a Patient who is a minor child 13 years of age or older. The App may not be used by individuals who are under the age of 13.
The App is a person-centric smartphone solution that uses a chatbot technology to provide informed, relevant, and non-clinical support to Users. THE APP DOES NOT PROVIDE PROFESSIONAL MEDICAL OR BEHAVIORAL HEALTH CARE SERVICES. PYX HEALTH IS NOT A CLINICAL PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. IF YOU NEED IMMEDIATE ASSISTANCE, CALL 911 OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.
Retired services (like Pyx Pals and health care zone notifications)
You may be using (or have used) an older version of the App that allows you to give App access to adult family members and friends involved in your care (called “Pyx Pals”), and/or have automatic notifications sent from the App to your health plan, health care provider and/or Pyx Pal when you are near to or enter certain places, like a hospital, crisis response clinic, or urgent care center (a “health care zone”). Health care professionals (for example, a counselor or health plan care manager/nurse) cannot (and could not) be a Pyx Pal. This older version of the App also allows you to chat with your chosen Pyx Pals through text messaging on the App (called “chats”). Pyx Health, your health plan, your health care providers, and other members of your care team do not (and did not) monitor or view these chats.
Effective 3/5/2021, we are retiring the Pyx Pal service and health care zone notifications. We may continue to support the Pyx Pal service and health care zone notifications after this effective date for a limited time for Patients of health plans and health care providers who want to continue to make these services available to their Patients under their agreements with Pyx Health. All other Users will use the newer version of the App, which does not support the Pyx Pal service. If you are or were a Pyx Pal, and are not a Patient of a health plan or health care provider who is contracted with Pyx Health, we may move you to the default network so that you may continue to have personal use of the App. However, you will no longer receive information about the person for whom you were designated a Pyx Pal. If you have any questions or concerns about this change to the App, please contact us at [email protected]
Conditions on your use of the App
As a condition of your use of the App, you understand and agree to all of the following:
- You are an enrolled member of a health plan or patient of a health care provider that is contracted with Pyx Health to provide the App to you, or you are an individual who Pyx Health has authorized to use the default network.
- You have the legal capacity to enter into this binding legal agreement with us.
- Pyx Health takes reasonable steps to keep your personal information secure, but we need your help. It is your responsibility to protect your personal information and other information by using strong passwords, closing the App when you are not using it, keeping secret your password and other security information related to your account, and taking other reasonable steps to protect your privacy.
- You are responsible for any use of your account. Pyx Health and its business partners / customers will not be responsible for any loss or damage caused by someone else using your account.
- You will notify Pyx Health immediately of any unauthorized use of your account or any other concern about your account security.
- Text messages through your device’s Short Message Service (“SMS”) (or other text messaging applications) and notifications, as well as email, may not be secure (not encrypted). There is a risk that an unauthorized person may get access to and read these communications. You accept all risks associated with unsecure communications and will not hold Pyx Health or its business partners / customers responsible or liable if others get access to these communications.
- The App may be updated, and the content of the App and App services may change without notice.
Prohibited uses of the App
You are prohibited from doing any of the following:
- Using the App for any illegal, unethical, abusive, offensive, harassing, or unsolicited purpose.
- Using the App to advertise, sell, or make a profit.
- Copying or publishing any App material in any media, selling, sublicensing, and/or otherwise commercializing any App material.
- Publicly performing and/or showing any App material.
- Using the App in any way that is damaging to the App or that impacts other User access to the App.
- Misrepresenting your identity, providing false information, impersonating another person or entity, or misrepresenting your relationship with a person or entity or attempt to use another person’s account.
- Attempting to gain unauthorized access to the App.
- Engaging in any data mining, data harvesting, data extraction, or any other similar activity in relation to the App or while using the App.
- Assisting a third party in engaging in any of these prohibited activities.
Text messages and phone calls
By giving us your mobile phone number, you are agreeing to receive text messages and calls from Pyx Health and our affiliates and business partners / customers that include information about your health and your social determinants of health, or that may affect your health and your social determinants of health, including without limitation:
- Your hospitalization, treatment, and/or coordination or transition of your care
- Scheduling and appointment reminders
- Prescription refills
- Food, housing, and transportation needs
- Notification of important information and events that may affect your health or care, such as a natural emergency disaster in your area
- Other health-related communications
These communications may be done by automated dialing equipment and/or artificial or prerecorded messages. You may receive multiple messages each day. Data and text message rates may apply. We are not responsible for any data transmission fees. You can opt out at any time from receiving text messages by replying “STOP.” This opt out process does not apply to live phone calls or emails, which may continue in case we need to reach you.
Third party content
The App may contain content, products or services offered by third parties, such as community resources (like www.211.org). Pyx Health does not endorse any websites that are linked to this App. Pyx Health takes no responsibility for any content, products, or services offered by a third party, and you agree that Pyx Health will not be held liable for any damage or loss caused by a third party.
MEDICAL DISCLAIMER, DISCLAIMERS OF WARRANTY, LIMITATIONS OF LIABILITY AND CLASS ACTION WAIVER
MEDICAL DISCLAIMER: THE APP DOES NOT OFFER MEDICAL ADVICE, AND NOTHING CONTAINED IN THE APP IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not rely on anything contained in the App. Your use or reliance upon this App is done at your own risk.
DISCLAIMERS OF WARRANTY: PYX HEALTH DOES NOT GUARANTEE THAT INFORMATION ON THE APP WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT THE APP, ANY SERVICES PROVIDED THROUGH THE APP, AND ALL THIRD PARTY INFORMATION ON THE APP ARE PROVIDED “AS IS,” WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, PYX HEALTH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE APP OR THE MATERIALS CONTAINED ON THE APP, AND TO THE FULLEST EXTENT PERMITTED BY LAW PYX HEALTH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND PYX HEALTH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
IN NO EVENT WILL PYX HEALTH’S LIABILTY (OR THE LIABILITY OF ITS BUSINESS PARTNERS / CUSTOMERS) ARISING OUT OF OR RELATED TO USE OF THE APP EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY THE PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER TO PYX HEALTH FOR SERVICES PROVIDED TO THAT PATIENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE LIABILITY AROSE; OR (B) $50,000. THIS MONETARY CAP ON LIABILITY APPLIES REGARDLESS OF WHETHER PYX HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LIABILITY OR THE TYPE OF CLAIM (INCLUDING WITHOUT LIMITATION CONTRACT OR TORT).
PYX HEALTH DISCLAIMS RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE APP, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
YOU ALSO UNDERSTAND AND AGREE THAT PYX HEALTH IS NOT RESPONSIBLE FOR A USER’S HEALTH PLAN’S, HEALTH CARE PROVIDER’S, OR CARE TEAM’S ACTS OR FAILURE TO ACT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR PYX HEALTH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS.
Intellectual property rights
Pyx Health is a registered trademark in the United States. Pyx Health and all content and other materials on the App, including without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Pyx Health (collectively, “Pyx Health Content”). Other logos and product and company names mentioned on the App may be the trademarks of their respective owners.
Term and termination
Electronic communications, transactions, and signatures
Using the App, notifications, text messages through your device’s SMS, and emails are all electronic communications. You agree to receive and send electronic communications. You agree that all agreements, notices, consents, authorizations, disclosures, and other communications done electronically either through the App, SMS (or other text messaging applications), email, or other electronic means satisfy any legal requirement that such communication be in writing. You also agree to the use of electronic signatures (including check marks), contracts, consents, authorizations, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by or through the App, SMS (or other text messaging applications), or email. You waive any rights or requirements under any applicable law which require an original signature, signature by name or initial, or delivery or retention of non-electronic records.
Governing law and jurisdiction
If you have questions, please contact us at: www.pyxhealth.com