A Terms of Service Built Around You

These Terms of Service are effective as of June 1st, 2018, and replace all prior Terms of Service.

Betterpath, Inc. (“Betterpath”) provides Services (as the term is defined below) through the BetterHSA App, and through the Websites located at betterpath.com, hsa.betterpath.com, and any subdomains thereof (collectively, the “Platform”). These Terms of Service state the terms and conditions under which you may use the Platform and the Services. Please read these Terms of Service carefully. By clicking “I Accept” and using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and you represent and warrant that you are at least 18 years old or older. If you do not agree to any of these terms, then you are not permitted to use the Platform.

What Data We Collect

BetterHSA automatically collects data from your BetterHSA Debit Card transactions, and will only collect data from other sources when you connect them through your BetterHSA App.

As you connect your data sources (like mobile apps, web portals, and wearables), your Personal Data, Protected Health Information, Financial Information and Other Information (“Information” as defined in Betterpath’s Privacy Policy) will be collected and accessed through the BetterHSA App. Each transaction using your BetterHSA Debit Card, generates Information that will be collected and stored by Betterpath and its business associates. Protected Health Information captured by your BetterHSA will be collected and stored on your mobile device, and will only be accessed and stored by Betterpath when you opt-in to make your Information available for commercial purposes.

What We Do With Your Data

BetterHSA will never use your data for any commercial purpose without your permission. Even when you opt to monetize your data, we NEVER share your name, address, phone, social security or any personally identifiable information that reveals who you are specifically. What we sell is a contextual picture of your health that helps other organizations in the healthcare sphere better improve their products, services and overall work to advance healthcare. This contextual picture provides information about your health, but does not make you a target for advertising off the BetterHSA platform.

Some monetization opportunities let you participate in profit sharing without you doing anything other than your everyday healthcare activities. Other monetization opportunities require you complete a task (like answering a survey or confirming a medication was taken) in order to earn money. In the “Data Settings” section within your BetterHSA, you have the ability to turn on or off any of the monetization opportunities that we are offering. The current list of monetization opportunities are:

  • Sponsored Messages and Surveys: By authorizing our Commercial Partners to contact you with relevant messages and surveys, you agree to receive communications delivered to your BetterHSA Inbox (accessible via the BetterHSA App). Commercial Sponsors will never send you emails or call you on the phone, directly. Instead we keep these messages in the BetterHSA Inbox and notify you when new opportunities are available.
  • Comprehensive Data Access: By authorizing commercial access to your Information, you agree to allow our Commercial Partners to view data points which may describe you, such as any diagnoses you’ve received, medications you’ve taken, and products you’ve purchased. We never sell or reveal Information that directly identifies you such as your name, your address, your phone number, or your email address.
  • Research Participation: By authorizing Commercial Partners to contact you for relevant research opportunities through BetterHSA, you agree to receive messages delivered to your BetterHSA Inbox informing you of research opportunities like, for example, clinical trial participation. BetterHSA may notify you about opportunities for which you may qualify, and ask you to backfill certain Information which may confirm or disqualify you from the opportunity in question.

What We Do With Money From Commercial Sales of Your Data

After covering the operational expenses of curating your Information and matching it with a Commercial Partner, BetterHSA will always share profits from each sale with the BetterHSA Users who created the data to make the sale possible.

Your share of profits that result the inclusion of your Information in a commercial sale will be determined on an ongoing basis. The more data you generate, the more we can help you monetize. The exact amount that each person will make is driven by the market need for those specific data points. The best way for you to maximize the amount of money you make from data generated on BetterHSA is to ensure you always use your BetterHSA Debit Card for valid healthcare expenditures. By doing this, you will generate the most complete data set which enables BetterHSA to get you the best price for your data. If you authorize all monetization opportunities and always use BetterHSA Debit Card for all your healthcare costs, we anticipate that most users stand to earn hundreds, and potentially thousands of dollars each year. We share profits with users in $USD, which are contributed to your BetterHSA to be used at your discretion, including self-directed investments.

You Can Change Your Mind

You are always in control of your data settings. You can turn each monetization option on or off at any time.

We never monetize your Information without your permission. We believe that you, the data owner, should always be in control of your Information AND choose whether or not you want to make money from it. As a default we will ensure all new opportunities are unauthorized so that only you can activate or deactivate monetization at your discretion.

We're In This Together

BetterHSA knows how to maximize the value of health data to inform the healthcare industry from researchers, to policy makers and even drug makers. We will always help you get the greatest return from your Information because it’s in our best interest to do so.

We believe in a Terms of Service that includes you as an integral part of our data brokerage business. By giving you a share of the profits your Information generates, we are motivating you to continuously contribute more information and improve its commercial value. Our hope is to set a new standard where you, the data owner, can maintain all ownership rights over the data you create, which includes a share of the financial benefit.

No Medical Advice

You acknowledge and agree that Betterpath does not provide any form of medical care, medical opinion, medical advice, diagnosis or treatment, and that Betterpath does not evaluate whether or not you should seek medical attention, through the Services. The contents of the Platform, such as articles, graphics, images, information from our third party contributors, the data set forth in your Information, content or annotations by you or your healthcare providers, and other material contained on the website (“Content”) are for informational purposes only. Although such Content may be provided by individuals in the medical profession, the provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

If you experience any type of medically adverse event or emergency at any time, please call emergency services or your physician immediately.

Intellectual Property

Betterpath and its Partners retain all right, title and interest in and to the Services and the Platform, all software and technology incorporated therein, and all Betterpath trademarks and logos used and displayed through the Website (collectively, the “Betterpath IP”). Except as expressly set forth in these Terms of Service, you have no right in or to the Betterpath IP.

User Generated Content

Upon registering as a registered user (the “Registered User”), you may upload, post and/or create content through the Website (hereinafter, "User Generated Content"). Betterpath cannot and does not review all User Generated Content – Betterpath merely acts as a passive conduit for distribution of the User Generated Content to other Registered Users of the Website. That said, Betterpath may remove User Generated Content that does not adhere to these Terms of Service, or that is offensive or otherwise unacceptable to Betterpath in its sole discretion.

As between Betterpath and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant Betterpath an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for Betterpath to provide you and other Registered Users with the Services and the Website, or any other reason at the sole discretion of Betterpath.

Remember, once you submit User Generated Content through the Website, including any Personal Information included therein, it will be accessible by Registered Users to whom you have granted permission and access through the Services.

Prohibited Uses of the Services and the Website

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Services or the Website. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services or the Website.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Betterpath through the Services, including without limitation, through the use of online forms or via email, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide Betterpath with any Unsolicited Information. All Unsolicited Information will be considered non-confidential and non-proprietary. You agree that any Unsolicited Information may be used by Betterpath for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Betterpath may use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to Betterpath for any purpose whatsoever, including, but not limited to, developing, providing, and marketing services. By submitting any Unsolicited Information, you are granting Betterpath a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF BETTERPATH, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BETTERPATH PARTIES”) WARRANT THAT THE WEBSITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE CONTENT PROVIDED ON THE WEBSITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE SERVICES BY BETTERPATH IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BETTERPATH MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF OUR EMPLOYEES, VOLUNTEERS OR THIRD PARTY CONTRIBUTORS, OR CONTENT THEY PROVIDE THROUGH THE SERVICES. BETTERPATH MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO YOUR MEDICAL HISTORY OR MEDICAL RECORDS. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT ERROR-FREE.

IN NO EVENT SHALL ANY OF THE BETTERPATH PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF ANY BETTERPATH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL BETTERPATH BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF CONTENT PROVIDED BY OUR COUNSELORS, VOLUNTEERS, OR THIRD PARTY CONTRIBUTORS. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE BETTERPATH PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE BETTERPATH PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND THE WEBSITE IS TO STOP USING THE SERVICES AND THE WEBSITE.

External Sites

The Website may contain links to third-party websites and mobile applications (“External Sites”), but Betterpath does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold the Betterpath Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Service; (ii) your access to, use, or misuse of the Website; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance with Applicable Laws

The Services and the Website are based in the United States, and are intended to be used only by residents of the United States. Betterpath makes no claims concerning whether the Services, the Website, and/or the Betterpath IP may be viewed or be appropriate for use outside of the United States. If you access the Services, the Website and/or the Betterpath IP from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

How to Contact Betterpath

If you have any questions or comments about these Terms of Service, the Services, or the Website, please contact Betterpath by email at:

[email protected]

You may also write to us at: Betterpath, 68 Jay Street Suite 201, Brooklyn, NY 11201