Terms of Use

Thanks for using our products and services (‘Services’). The Services are provided by Sharecare, Inc. (‘Sharecare’).

By using our Services, you are agreeing to these terms. Please read them carefully.

Special terms applicable to our vaccine assistant tool can be found here.

Medical Disclaimer

Sharecare has created and compiled the content on its websites for your information and use. This information is not intended to replace or modify the medical advice of your doctor or healthcare provider. Please consult your healthcare provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit to a healthcare professional, must be considered as an informational/educational service only and is not designed to replace a doctor’s independent judgement about the appropriateness of risks of a procedure or condition for a given patient.

Telemedicine Disclaimer

Some users accessing our services may elect to be connected to a telemedicine/telehealth consultation (a ‘Virtual Visit’) with a third-party contractor. THERE ARE INHERENT LIMITATIONS TO VIRTUAL VISITS RELATIVE TO AN IN-PERSON EVALUATION. You agree that Sharecare will not be liable for any services of Sharecare’s third-party contractors or such contractors’ medical providers, who do not provide services on behalf of Sharecare, in connection with a Virtual Visit. If you or the provider feels at any time that a Virtual Visit is not adequate for your evaluation, either of you may request to discontinue the consultation and medical staff will assist you with getting an in-person medical consultation. If at any time you have questions about the risks, benefits or limitations of Virtual Visits, you can request additional clarification from the provider.

Sharecare does not store any clinical information arising out of your Virtual Visit unless you and/or your health plan or provider have authorised us to receive and store such information. You are responsible for informing our third-party contractor of the state in which you are located at the time of your Virtual Visit.

BY CONTINUING WITH THE VIRTUAL VISIT, YOU AGREE TO WAIVE ANY APPLICABLE INFORMED CONSENT REQUIREMENTS OR, TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW, THAT YOUR ELECTION TO CONTINUE WITH THE SERVICES CONSTITUTES INFORMED CONSENT.

Content Disclaimer

All content posted on this site is the responsibility of the party posting such content. Participation on this site by a party does not imply endorsement of any other party’s content, products or services. All trademarks, brands and content on this site are the property of their respective owners.

This Sharecare site contains content from credible sources representing different points of view. Sharecare may display certain content to users based on the geographic location of the user. Certain contributors on the Sharecare site pay money or provide other value to Sharecare in exchange for placement and/or additional messaging within the Sharecare site. In addition, certain contributors are also investors in Sharecare. If any participant in Sharecare’s programmes or services requests a list of advertisers or relationships where Sharecare has a financial arrangement with a provider of products or services shown on this site, the participant may request such information by contacting us at compliance@sharecare.com

The product information provided on this site is intended only for residents of the United States. Products identified on this site may have different product labelling and disclosure requirements in different countries.

Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not from Sharecare. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Sharecare Account

You may need a Sharecare Account in order to use some of our Services. You may create your own Sharecare Account.

To protect your Sharecare Account, keep your password confidential. You are responsible for the activity that happens on or via your Sharecare Account. Try not to reuse your Sharecare Account password on third-party applications. If you learn of any unauthorised use of your password or Sharecare Account, contact us.

Privacy

Sharecare’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Sharecare can use such data in accordance with our Privacy Policy.

Rights and Responsibilities

You have the right to:

• Receive understandable information.
• Receive information about Sharecare, including: services provided on behalf of your health plan, employer or plan sponsor; Sharecare colleagues and colleague qualifications; and contractual relationships.
• Decline participation, revoke consent or unenrol from services offered by Sharecare.
• Be treated courteously and respectfully by Sharecare colleagues.
• Communicate complaints to Sharecare and receive instructions on how to use the complaint or appeal process that includes Sharecare’s standards of timeliness for responding to and resolving complaints and quality issues.
• Have information about Sharecare (including programmes and services provided on behalf of the client organisation), its staff and its staff’s qualifications and any contractual relationship.
• Know which staff are responsible for managing their services and from whom to request a change.
• Be supported by Sharecare to make healthcare decisions interactively with their practitioners.
• Be informed of all treatment options included or mentioned in clinical guidelines, even if a treatment is not covered, and to discuss options with treating practitioners.
• Have personal identifiable data and medical information kept confidential; know what entities have access to their information; know procedures used by the organisation to ensure security, privacy and confidentiality.

You are expected to:

• Participate in the programme and follow care advice offered by Sharecare.
• Provide Sharecare with information necessary to carry out its services.
• Notify Sharecare and the treating practitioner if an individual revokes consent or unenrols from the programme.
• Submit any forms that are necessary to participate in the programme, to the extent required by law.
• Give accurate clinical or health condition information.
• Supply accurate contact information and notify Sharecare of changes in this information.
• Advise the participant’s treating provider of their participation in Sharecare programmes.

Advertising

We and our service providers may use information about your interactions with our Services to predict your interests and select the ads that you see on and off our Site. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (‘DAA’). Sharecare does not advertise, market or promote products or services to patients, participants or practitioners who receive services as part of a Sharecare Enterprise Programme, meaning that you receive Sharecare’s services via your participation with your employer or health plan. In the event that your health plan sponsor, employer or health plan, through which you receive services, instructs us to provide advertising content on this site, Sharecare would first obtain your valid authorisation in compliance with applicable data privacy laws.

Click on the on the ADCHOICES icon at the bottom of every page of the Sharecare websites to opt out of interest-based advertising from Sharecare.

For more information about interest-based advertising and how you can opt out, visit:

• Digital Advertising Alliance: https://www.aboutads.info/choices/
• Network Advertising Initiative: https://www.networkadvertising.org/choices/

Mobile opt-outs:

The DAA offers a separate choice tool for the collection of cross-app data on a mobile device for interest-based advertising and other applicable uses. To exercise choice for companies participating in this choice tool, you can install the DAA’s AppChoices app (see https://www.aboutads.info/appchoices). Many mobile devices also offer their own opt-outs for interest-based advertising. Please refer to your device settings and instructions for additional information.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or via our Services, you give Sharecare (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure that you have the necessary rights to grant us this licence for any content that you submit to our Services.

Our automated systems analyse your content to provide you with personally relevant product features. This analysis occurs as the content is sent and received, and when it is stored.

If you have a Sharecare Account, we may display your Profile name, Profile photo and actions that you take on Sharecare or on third-party applications connected to your Sharecare Account in our Services, including displaying in ads and other commercial contexts. If you have a Sharecare Account as part of an Enterprise Programme, we may display your Profile name, Profile photo and actions that you take on Sharecare or on third-party applications connected to your Enterprise Programme in connection with individual and group challenges that you choose to join.

You can find more information about how Sharecare uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

Sharecare gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Sharecare as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sharecare, in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open-source software is important to us. Some software used in our Services may be offered under an open-source licence that we will make available to you. There may be provisions in the open-source licence that expressly override some of these terms.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Sharecare may also stop providing Services to you or add or create new limits to our Services at any time.

We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care, and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SHARECARE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THEIR RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES ‘AS IS’.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, SHARECARE AND SHARECARE’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SHARECARE AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING THE SERVICES TO YOU AGAIN).

IN ALL CASES, SHARECARE AND ITS SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms, except as may be modified or superseded by another agreement, if applicable. Except to the extent another agreement applies, such business will hold harmless and indemnify Sharecare and its affiliates, officers, agents and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs and lawyers’ fees.

Copyright Protection, Notice and Procedure for Making Claims of Copyright Infringement

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any content on our site is infringing upon your copyright, please send a copyright infringement notification to Sharecare in accordance with the terms below.

To be effective, the notification must be a written communication and must:

1. Include a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly;
4. Include information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. Include a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
6. Include a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Be delivered to:
   
   Sharecare, Inc.

Attn: Legal

255 E Paces Ferry Rd. NE

Suite 700

Atlanta, GA 30305-2233

To expedite our ability to process your request, such written notice should be sent via email to legal@sharecare.com.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

About these Terms

Our Terms of Use may change from time to time. If we change this Terms of Use, we will post any applicable changes on this page and, if the changes are material, we will provide a more prominent notice by sending you an email and/or posting a notice in the Services. Sharecare reserves the right to modify this Terms of Use document at any time, so please review it frequently.

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Sharecare and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The laws of Georgia, USA, excluding Georgia’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services.

Resolving Disputes

You and Sharecare agree that any judicial proceeding will be brought in the federal or state courts with jurisdiction over Atlanta, Georgia, USA. Both you and Sharecare consent to venue and personal jurisdiction there.

Contact Us

For information about how to contact Sharecare, please visit our contact page.

Last modified: 5 February 2021.