Terms of Use

Last Updated: May 12, 2020

What is this?
This is a legally binding agreement between you and Pyx Health, Inc. (www.pyxhealth.com) about your use of the Pyx Health application, website and related services (“App”). Your use of the App means that you have read, understand, and agree to these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU MUST NOT USE OR MUST STOP USING THE APP IMMEDIATELY.

 These Terms of Use cover the following:

How the App works

The App is intended to be used by adults (18 years of age or older) and minor children 13 years of age or older who are either a member of a health plan or a patient of a health care provider (collectively, a “Patient”), or who are an adult family member or friend involved in the care of such a Patient (called a “PyxPal”). If we are unable to identify you as a Patient or a PyxPal of a Patient, you may be permitted in our sole discretion to use the App through a default network. The default network is not associated with any health plan or health care provider. We refer to Patients, PyxPals and individuals who use the default network individually as a “User” and collectively as “Users.”

The App is a person-centric smart phone solution that uses a chatbot technology, a person’s natural supports, and real-time notifications to provide informed, relevant, and non-clinical support to Users and their care team. THE APP DOES NOT PROVIDE HEALTH CARE SERVICES. PYX HEATLH IS NOT A PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. IF YOU NEED IMMEDIATE ASSISTANCE, CALL 911 OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.

A Patient or other individual who uses the default network may choose to add PyxPals—family and friends—to his or her circle of contacts on the App. Health care professionals (for example, a counselor) and health plan employees (for example, care coordinators and care managers) CANNOT be PyxPals. Users can chat with each other through text messages on the App (called “chats”). Pyx Health, your health plan, your health care providers, and other members of your care team do not monitor or view these chats.

The App may notify a User’s care team (for example, health care professionals and care coordinators) and PyxPals when the User goes to a hospital, urgent care center, or doctor’s office. The App sends these notifications to better connect a User with his or her care team and circle of support. THE APP IS NOT A LOCATOR SERVICE. You cannot rely on the App to serve as a locator service.

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 either:
    • A enrolled member of a health plan, patient of a health care provider, or individual using the default network, and are at least 13 years of age or older; or
    • An adult family member or adult friend involved in the care of such a person. An adult is a person who is at least 18 years of age or older.
  • Only adult family and friends involved in a User’s care can be PyxPals. You will not agree to be a PyxPal if you are a User’s treating provider (like a doctor, therapist or psychiatrist), care coordinator/manager, or any other health care professional who is part of the User’s care team.
  • When you select an adult family member or friend to be a PyxPal on the App, you agree that the App may access and use your device’s text messaging application (“Short Message Service” or “SMS”) to send a text message to that PyxPal on your behalf. That text message will invite your adult family member or friend to be your PyxPal and to download the App.
  • You will use this App in accordance with these Terms of Use and comply with any laws that apply to you.
  • Pyx Health takes reasonable steps to keep your personal information secure, but cannot guarantee your privacy. 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 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.
  • You understand that chats with PyxPals are not monitored. IF YOU OR THE PERSON YOU ARE CHATTING WITH HAS AN EMERGENCY, YOU WILL CALL 911 OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.
  • Text messages through your device’s SMS and notifications, as well as email, may not be secure. 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 responsible or liable if others get access to these communications.
  • The App may be updated, and the content of the App 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.

Privacy policy and security

Please read our Privacy Policy to review how information about you is collected, used, and shared. By agreeing to these Terms of Use and/or by using the App, you are also agreeing to the Privacy Policy. The Privacy Policy (and changes to it) are incorporated by reference into these Terms of Use.

Text messages and phone calls

By giving us your cell phone number, you are agreeing to receive text messages and calls from Pyx Health and our affiliates and business partners that include information about 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.
  • 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 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. 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. PYX HEALTH MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE APP OR THE MATERIALS CONTAINED ON THE APP. 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.

LIMITATIONS OF LIABILITY: YOU UNDERSTAND AND AGREE THAT PXY HEALTH, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES AND BUSINESS PARTNERS (LIKE THE PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER), WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS), PUNITIVE, OR EXEMPLARY DAMAGES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP, THE USE OF THE APP BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE.

IN NO EVENT WILL PYX HEALTH’S LIABILTY TO A USER EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY A PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER TO PYX HEALTH FOR 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.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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.

CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED IN ACCORDANCE WITH THESE TERMS OF USE AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

If applicable law does not allow for any disclaimer, limitation of liability, or waiver (or any portion thereof) as set forth in these Terms of Use, the disclaimer, limitation of liability, or waiver will be deemed modified solely to the extent necessary to comply with applicable law.

This Section will survive the termination or expiration of these Terms of Use.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PYX HEALTH, ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, AFFILIATES AND BUSINESS PARTNERS (LIKE THE PATIENT’S HEALTH PLAN OR HEALTH CARE PROVIDER), FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP, THE USE OF THE APP BY ANOTHER PERSON ACCESSING YOUR ACCOUNT, OR YOUR VIOLATION OF THESE TERMS OF USE. This Section will survive the termination or expiration of these Terms of Use.

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.

You are granted a limited, nonexclusive, nontransferable, revocable license only to use the Pyx Health Content, subject to the restrictions provided in these Terms of Use. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the App, attempt to do so, or assist anyone in doing so.

Term and termination

These Terms of Use are effective immediately on download of the App and will remain in full force and effect while you use the App. Your request to use the App is not guaranteed. Pyx Health may turn off your access to the App without notice for any reason or no reason, including if you abuse the App, if the Patient loses health plan coverage or ends the patient-provider relationship, or at the direction of the Patient’s health plan or health care provider. The Patient’s health plan or health care provider may decide that allowing access to the App is not in the Patient’s best interest. If your use of the App is terminated for any other reason, you might be moved to a default network. Rights and obligations which by their nature should survive, will remain in full force and effect following termination or expiration of these Terms of Use, including without limitation all disclaimers, limitations on liability, class action waiver, and indemnification.

Changes to these Terms of Use

We may change these Terms of Use at any time and for any reason. Changes to these Terms of Use will be posted on this website: www.pyxhealth.com. We may also notify you of major changes by a push notification to the cell phone number you provided to us. Unless otherwise specified by us, all changes will be effective upon being posted. You should look at these Terms of Use on a regular basis. The “Last Updated” date is posted at the top of these Terms of Use. You agree to any changes by using the App after the changes become effective. If you do not agree to the changes, you must stop using the App.

Electronic communications, transactions, and signatures

Using the App, chats, 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, 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 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

Arizona law governs the interpretation of these Terms of Use and Privacy Policy, and will apply if there are disputes. Disputes will be settled in Pima County, Arizona. Pyx Health will decide if disputes will be settled through an arbitration process. Any such arbitration process will be by Pyx Health.

Miscellaneous terms

These Terms of Use, including any legal notices and disclaimers contained on the App, constitute the entire agreement between Pyx Health and you in relation to your use of the App, and supersede all prior agreements and understandings with respect to the App. You agree that you have not relied on any promises or representations by us except as set forth in these Terms of Use.

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions.

Pyx Health is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

Contact information

If you have questions, please contact us at: support@pyxhealth.com

Pyx Health