Terms of Service
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Last updated: Jan 15, 2023

‍Introduction

These Terms of Service are a contract between you and Anywell Hosting Solutions (referred to as "anywell"). By using the Services of anywell on the web or on any other applications that give access to anywell (e.g. within another platform like Slack or Google Calendar), you are bound to agree to the following Terms of Use.

  • If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.
  • anywell reserves the right to update and modify the Terms of Use at any time without notice. New features that may be added to the Service shall be subject to the Terms of Use. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

Account Terms

  • You may use the Services only if you are 16 years or older and capable of forming a binding contract with Anywell hosting solution and are not barred from using the Services under applicable law.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • anywell may communicate with you via email, in-app messages or pushed notifications regarding your account, system updates, or other issues related to your account.
  • You are responsible for all Content send and activity that occurs under your account (even when Content is send by others to your account).
  • You may not use anywell for any illegal or unauthorized purpose. You must not, in the use of anywell, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • anywell may refuse service to anyone for any reason at any time.

Payment and Access

  • Free accounts are not required to provide a credit card number.

 

Modifications to the Service and Fees

  • anywell reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
  • anywell reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

 Cancellation and Termination

  • You alone are responsible for properly cancelling your Account. An email or phone request to cancel your Account shall result in cancellation.
  • Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from anywell once your account is cancelled.
  • Please be aware that you can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
  • anywell reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if anywell believes that You have violated these Terms of Use.
  • anywell will use all reasonable efforts to contact You directly to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. anywell shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

 

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Ownership and Proprietary Rights

The Things You Own…

  • As between us on the one hand, and Customer on the other, Customer will own all data, material, or other content that Customer or its users make available or upload to the Services or to which we gain access via your Third Party Accounts (collectively, the “Customer Data”). 
  • Customer grants us a worldwide, non-exclusive, royalty-free, limited term license to access, use, process, copy, perform, export and display Customer Data, as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the DPA; or (d) as expressly permitted in writing by Customer. Customer represents and warrants that: (i) it has secured all rights in and to Customer Data as may be necessary to grant this license; (ii) the Customer Data it or any user submits to the Services does not and will not infringe upon the intellectual property rights of any third party; (iii) the Customer Data it or any user submits to the Services does not and will not contain any “sensitive” personal data or “personal health information”, as defined by applicable laws, unless you have signed a separate written agreement with us relating to the processing of such data.  Customer acknowledges that it is entirely responsible for Customer Data, and for any harm or liability resulting from or arising out of Customer Data — this responsibility applies whether or not you were the original creator of the Customer Data.

…And the Things We Own

  • We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer to use the object code version of these components, but solely as necessary to use the Services and in accordance with these Terms. All of our rights not expressly granted by this license are hereby retained.

Usage Data

  • We will collect general information about your configuration and use of the Services (collectively, “Usage Data”) as part of our efforts to continuously improve our Services, and you agree that we have the right to collect and use Usage Data for that purpose.

Aggregated or Anonymized Data

  • You acknowledge that we have the right to collect, use, and share data that has been aggregated or anonymized (so that it does not directly or indirectly identify you or your users) for the purpose of developing new services and features, as well as promoting our products and services through, for example, publishing analyses of general patterns and trends.

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General Conditions

  • Your use of the Service, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of these Service.
  • You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of anywell.
  • You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
  • You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.
  • You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.
  • anywell makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. anywell and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  • If any provision of the Terms of Use is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  • anywell may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
  • The failure of anywell to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Use sets forth the entire understanding between you and amywell as to the Service and supersedes any prior agreements between you and anywell (including, but not limited to, prior versions of the Terms of Use).
  • Any questions regarding the Terms of Use should be addressed to contact@anywell.com

 

‍Governing Law

  • Unless otherwise required by law – and which shall only be applied strictly for its intended purpose, it is expressly agreed that US law shall be the law applicable to these Terms of Use and any litigation between you and Subcurrent, Inc. related to the use of the anywell Service shall be submitted to the jurisdiction of a competent court in Delaware.
  • These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

 

To support delivery of our services, anywell may use data processors with access to certain customer data (referred to as subprocessor). For such purposes, we will provide information about the identity, location, and role of each subprocessor.

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Third Party Subprocessors

Last modified, Jan 15, 2023

 anywell uses several third-party subprocessors to provide infrastructure services, customer support and relationship management, performance analytics, and email communications. Prior to use of any of these third-party services, anywell conducts a thorough evaluation of their privacy, security, and confidentiality practices before implementing them.

  • Amazon Web Services, Inc., Cloud Service Provider, USA
  • DynamoDB, Cloud based database, USA
  • OpenSearch, Cloud based database, USA
  • Auth-0, Identity provider for login and authentication, USA
  • MixPanel, User behavior analytics, USA

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  1. Questions/Contact Us

Should you have any questions or if you want to know more about these Terms, you are welcome to contact us at welcome@anywell.com. You are also welcome to read our Rules and Policies document, which might already have an answer to your question, and available at KG41