Accolade Mobile Terms of Use

Last updated: May 2017

These “Terms” govern your use of the Accolade Mobile app, the images and content provided via the Mobile app, and/or any other Accolade owned websites which are linked from the Mobile app (the “Accolade Mobile App”). By clicking “Accept” below, and using the Accolade Mobile App, you are expressly agreeing to be bound by these Terms.  Please read these Terms carefully.

Revisions to These Terms

These Terms were last updated as of the date indicated above. Accolade may revise these Terms at any time.  Accolade will indicate that a change has been made to these Terms on your next use of the Accolade Mobile App. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Accolade Mobile App on or after posting of such revision and/or addition.

Not Intended For Users Under Age 18

The Accolade Mobile App is not intended for use by anyone under the age of 18, and does not seek to obtain information from any person under the age of 18.  By using the Accolade Mobile App, you are attesting to the fact that you are at least 18 years of age, or older and possess the legal rights and ability to agree to these Terms.

No Medical or Legal Advice

Accolade is here to simplify healthcare and your health benefits for you and your family. We are here to help you understand your healthcare options, to facilitate your use of the healthcare system and to support you as you make your healthcare decisions. The content we provide you is for informational purposes only. No material contained within or provided through the Accolade Mobile App should be construed as medical advice and/or treatment.  Accolade does not practice medicine and no physician or nurse to patient relationship is created as a result of your use of the Accolade Mobile App.  You should seek the care of your healthcare professional.

IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROFESSIONAL IMMEDIATELY.

Nothing contained or provided through the Accolade Mobile App is intended or should be construed as legal advice or guidance.  No attorney-client relationship is created between you and Accolade or its personnel.  If you have any questions about any law, rule or regulation, or seek legal advice regarding your healthcare, you should contact your own legal counsel.

Description of the Accolade Mobile App

We are delighted to bring you the Accolade Mobile App, which permits you and your families the opportunity to receive the same great Accolade service that we provide to hundreds and thousands of families through our Accolade Health Assistants® in the form of a mobile app.  The Accolade Mobile App will allow you to communicate with your personal Accolade Health Assistant and to access certain information about your health benefits and claims.

In order to provide you with access to the Accolade Mobile App, there is certain personal and protected health information that the Accolade Mobile App will securely access and transmit.  Much of this information is similar to the information that our health assistants access for you today, and includes:

  • general personal and demographic information (e.g., name, sex, date of birth, address, dependents)
  • health plan benefits and eligibility information
  • health and claims information

We access and use this information only as minimally necessary to provide Accolade Mobile App to you.  Even if you decide not to use the Accolade Mobile App, Accolade will have access to certain of the above-referenced information in its role as your employer and as the administrator of your group health plan and other benefits.  As an employee of an Accolade customer, you have already consented to Accolade’s access to and use of information for these purposes.  This will not change whether or not you use the Accolade Mobile App.

These Terms of Use are designed to advise you of what information we will access, transmit, and store as part of your use of the Accolade Mobile App, how we protect that information, how such information may be used or disclosed, and what rights you have to access that information.

Other Agreements

These Terms apply to Accolade Mobile App generally and are subject to any other agreement between you and Accolade and such terms of use, legal notices or disclaimers applicable to specific products or services made available to you by Accolade.

Registering to use the Accolade Mobile App

Given the nature of the sensitive information available through the Accolade mobile App, Accolade has created certain security procedures, including the use of user ids, passwords, and in some cases biometric security means to assist you in keeping your information private and confidential. By registering to use the Accolade Mobile App, you agree to provide Accolade with true, accurate and complete information about yourself and to maintain and promptly update your information as may be necessary to keep it accurate and up to date. We reserve the right to terminate your access to the Accolade Mobile App at any time for any or no reason.

In order to verify your identity when registering to use the Accolade Mobile App, we will ask you to provide certain personal information, which may include your name, date of birth, home address, employee ID, social security number or other information as may be determined from time to time by Accolade to be required for your protection. If you are unwilling to provide this information, you will not be permitted to register for use of the Accolade Mobile App.

Your Responsibility for Security of Your Access Information

You are responsible for securing your personal mobile device and your access information to prevent unauthorized third persons from accessing your information via the Accolade Mobile App. You will be responsible for all activities taken during use of the Accolade Mobile App using your access information. You must exit from the Accolade Mobile App after each use to ensure no information is available after you end a session on the Accolade Mobile App. Accolade will not be liable for any losses or damages arising from your failure to comply with these Terms.

If you believe that your access information has been compromised or become aware of any other security incident involving the Accolade Mobile App or your account, you agree to immediately notify Accolade.

No Misrepresentation of Your Identity

You will not falsely state or otherwise misrepresent your identity or affiliation with another person or entity to obtain access to the Accolade Mobile App or to access another person’s information.  Except where expressly authorized by law, e.g., in the case where you are an authorized personal representative for another person, you will not use another person’s access information to access the Accolade Mobile App. Violation of this provision may subject you to civil and criminal penalties.

Communicating with Your Accolade Health Assistant

The Accolade Mobile App contains functionality for you to create an asynchronous messaging session (e.g., chat) with your Accolade Health Assistant®.  We try to connect you with your personal Accolade Health Assistant, but cannot guarantee that your personal Accolade Health Assistant® will always be available at the times you attempt to contact them.  If your personal Accolade Health Assistant is not available, you will have the option to leave a message for them to get back to you, or connect with another Accolade Health Assistant.

Be courteous.  Your Accolade Health Assistant® is there to help you.  However, Accolade follows strict anti-harassment and anti-discrimination policies and will not tolerate inappropriate behavior.  Your access will be immediately terminated, in our sole and absolute discretion, if you harass, discriminate, threaten, or otherwise engage in any inappropriate behavior during any communication with your Accolade Health Assistant.  Subject to applicable law, such behavior may be reported to your employer and you expressly agree to such disclosure.

Accolade’s typical hours of operation are between 8 a.m. through 8 p.m. eastern standard time.  If your employer is based on the west coast of the United States, Accolade’s hours of operation may be extended to 8 p.m. pacific standard time.  Your Accolade Health Assistant may not be available at all times.

Accolade prides itself on providing accurate, up-to-date information to you in helping you navigate your healthcare.  However, the content and information contained on and provided through the Accolade Mobile App may contain inaccuracies and typographical errors, and is provided on an “as is” basis. Accolade makes no representations about suitability, accuracy, completeness, reliability or timeliness of information, content or services. If you are dissatisfied with information provided on the Accolade Mobile App, please advise Accolade immediately. Accolade will not be responsible or liable for any direct, indirect, equitable, consequential, special or monetary damages resulting from your use of the Accolade Mobile App. The use of this information is at your own risk.

Third Party Information

Whether via your Accolade Health Assistant® or through the Accolade Mobile App, Accolade may provide links to other third-party websites that are not under our control. Accolade is not responsible for the content found on any third-party sites. We provide these links for your convenience and for information purposes only.

Use of Information You Provide

Accolade complies with all laws and regulations which apply to our collection, retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorized or accidental access, erasure or use.

You may post information about you and your family members, including minor children for whom you are the legal guardian or personal representative. You are solely responsible for the information that you submit. You agree that Accolade may access and use this information to provide services to you and your family. All information or content provided by you to Accolade will be used by Accolade in accordance with our Privacy Policy.

Accolade may monitor your usage of the Accolade Mobile App in order to improve quality, and to enhance our service to you.

In addition, certain information that Accolade will collect and use via the Accolade Mobile App may constitute Protected Health Information (PHI) under HIPAA.  Your employer and Accolade have contracted with various health-related and insurance-related service providers.  Some of these service providers provide health-related services that may be of interest to you, such as tele medicine, second opinion services, cost transparency, or services that can assist you with specific conditions, such as diabetes or obesity.

While Accolade does not sell your information to any third parties for remuneration, and complies with applicable law regarding the disclosure of PHI, in order to provide you with the full benefit of Accolade services and the services that your employer or health plan may offer to you, Accolade may provide certain information, including PHI, to such service providers in order to assist you in using such services.  Disclosure may also be made as permitted by applicable law for the purpose of treatment, payment or health care operations as permitted by HIPAA.  You expressly authorize Accolade to make sure disclosures.

Accolade, your employer, and your health plan and such third party service providers may want to provide you with relevant products and service offerings, from time to time, and you expressly authorize Accolade and such entities to use your information to contact you about these products and services.  You acknowledge that you are not required to use or purchase any of these products or services.

However, if you do choose to purchase or use such products or services, you may be asked by such service provider to provide additional personal information in order to receive such products or services.  Accolade is not responsible for any information that you choose to provide to such service providers, and you understand that such service provides may not be subject to health information privacy laws. Accolade will not disclose any such information to service providers that are not be subject to health information privacy laws unless they abide by specific safeguards and contractual restrictions that protect your privacy.

Your authorization hereunder is voluntary.  We will not, and do not have the ability to condition your enrollment in any health plan or eligibility for benefits or payment of claims in a health plan on your accepting such authorization.

Intellectual Property

All of the information and content displayed and used on the Accolade Mobile App – photographs, articles, text, guides, images, designs, video and audio clips, as well as Accolade’s trademarks, logos, domain names, and any and all copyrightable materials and any other material relating to the “look and feel” of the Accolade Mobile App – is owned by or licensed to Accolade and is protected as intellectual property or otherwise. Subject to your strict compliance with these Terms of Use, Accolade grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access, download, view, use the content and information on the Accolade Mobile App. You must retain all copyright, trademark and other proprietary notices contained on the Accolade Mobile App. You have no other rights or interests, and you will not permit any improper or unauthorized third-party use or access.

UNAUTHORIZED USE, COPYING, REPRODUCING, STORING, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVING OR ALTERING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Accolade Mobile App.

If you believe that any content on the Accolade Mobile App contains content that violate your rights or has been copied in a way that constitutes a copyright infringement, please let Accolade know immediately at the address listed below.

Accolade reserves the right to suspend or terminate your access to the Accolade Mobile App if we believe that the information you submit infringes another’s rights or otherwise violates any law, rule or regulation.

DISCLAIMERS/LIMITATIONS ON LIABILITY

THE ACCOLADE MOBILE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE ACCOLADE MOBILE APP, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ACCOLADE MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE ACCOLADE MOBILE APP; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE ACCOLADE MOBILE APP; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE ACCOLADE MOBILE APP; (D) THE MESSAGES AND INFORMATION SENT FROM THE ACCOLADE MOBILE APP BY USERS; (E) ANY INFORMATION, PRODUCTS OR SERVICES OFFERED VIA THE ACCOLADE MOBILE APP OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ACCOLADE MOBILE APP OR ANY LINKED SITE. ACCOLADE DOES NOT WARRANT THAT THE ACCOLADE MOBILE APP, ANY OF THE ACCOLADE MOBILE APP’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE ACCOLADE MOBILE APP OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ACCOLADE SHALL NOT BE LIABLE FOR THE USE OF THE ACCOLADE MOBILE APP INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

YOU UNDERSTAND AND AGREE THAT ACCOLADE LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE ACCOLADE MOBILE APP AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND. IF YOU ARE DISSATISFIED WITH THE ACCOLADE MOBILE APP OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE ACCOLADE MOBILE APP OR THE CONTENT.

CONTACT US

If you have any questions, comments or concerns about the Accolade Mobile App or these Terms of Use, please contact us as follows:

ONLINE

Privacy@Accolade.com

MAIL

CHIEF PRIVACY OFFICER
ACCOLADE, INC.
660 WEST GERMANTOWN PIKE, SUITE 500
PLYMOUTH MEETING, PA. 19462

Your Acceptance

You can accept these Terms of Use and the Authorizations herein by selecting “I ACCEPT”.  You understand that this will mean that you have read and understood these Terms and the Authorizations and will be bound thereby.  You may revoke your acceptance to the terms by ceasing use of the Accolade Mobile App.

You may also separately revoke your Authorization granted to Accolade to use your information to contact you about other products and services by updating your profile to indicate that you no longer authorize such use. You understand that your PHI can continue to be used for purposes permitted by the privacy rules, regardless of such revocation.

Any revocation will not affect actions taken by Accolade in reliance of your acceptance and authorization prior to such revocation.