TERMS OF USE AND CONDITIONS

Welcome to bosWell, Inc.’s website platform and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the bosWell, Inc. (“bosWell” or “our”) website platform (“Platform”) and mobile application (“App”). Please read the terms in full before using our Platform or App. By accepting these Terms, or by using our Platform or App, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Platform or App. We reserve the right to modify these Terms at any time without prior notice, and your use of the Platform and/or App binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

Access to Platform and App

You will only be able to access our Platform by registering with us and creating an account with bosWell.

You may only access our App by downloading it from third-party websites. These Terms are only applicable to the use of our Platform and App. We do not have any control over third-party websites or applications, and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our App.

Use of Platform and App

Our Platform, App, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of bosWell and are protected by U.S. and international copyright laws.

The contents of our Platform and App may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Platform or App are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that bosWell or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Platform or App for commercial profit or gain. Nothing in these Terms or on the Platform or in the App shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Platform and in the App.

As a condition of your use of the Platform and App, you will not use the Platform or App, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Platform or App are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the Platform or App contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Platform, App or any contents or services. You may not attempt to gain access to any portion of the Platform or App, or any of their contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the Platform and App content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from their use.

We make no representation or warranty, express or implied, with respect to the content of the Platform, App or links to other websites or applications, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Platform or App, or the results to be obtained from using the Platform or App. We make no representation or warranty that the Platform, App or content is free from defects or viruses. Your use of external links and third-party websites and applications is at your own risk and subject to the terms and conditions of use for such links and websites and applications.

While every effort is made so that all content provided on the Platform and App do not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Platform or App. While every effort is made for smooth and continuous operation, we do not warrant the Platform or App will operate error free.

By submitting a telephone number to bosWell you agree that a representative of bosWell can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.

As permitted by applicable law(s), You hereby grant to bosWell and its subsidiaries, successors, and assigns, the absolute right and permission to use in perpetuity the data you submit to us through this Platform or App, either alone or accompanied by other material, in any manner and in any medium, at any time, and to modify, edit or combine such data with other materials and create derivative works, in whole or in part, for any other lawful purpose. Your information will be de-identified as required by law(s).

DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.

Platform and App Uptime

We take all reasonable steps so that our Platform and App are available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if the Platform or App is unavailable at any time.

Our Platform and App may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obligated to do so.

User Conduct

When using our Platform or App, you shall not post or send to or from either the Platform or App:

  1. content for which you have not obtained all necessary consents;
  2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Platform or App is being used;
  3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Platform or App in breach of the this section.

You shall not use our Platform or App while distracted or preoccupied, such as when operating a motor vehicle. You should access our Platform and App only with due regard for your own safety and the safety of others.

Links to and from Third Party Websites

Any links furnished through our Platform or App may allow you to leave our Platform and App. These third party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked websites or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website.

If you would like to link to our Platform or App, you may only do so on the basis that you link to, but do not replicate, any page of our Platform or section of our App, and subject to the following conditions:

  1. do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  2. do not misrepresent your relationship with us or present any false information about us;
  3. do not link from a website that is not owned by you; and
  4. website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Platform or App in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

MEDICAL INFORMATION DISCLAIMER

ACKNOWLEDGE THAT INFORMATION IN THE PLATFORM AND APP IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH INDIVIDUAL MEDICAL NEEDS.

Disclaimers

All information on our Platform and App is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Platform or in our App. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Platform or App or your reliance on the information from either.

THE PLATFORM AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE PLATFORM OR APP, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

BOSWELL DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR PLATFORM, APP OR SERVICES.

Limitation of Liability p | YOUR USE OF OUR PLATFORM AND APP IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, APP OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE PLATFORM, THE APP, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR PLATFORM OR APP, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification | You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Platform and/or App or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content, Platform or App is appropriate or may be used or downloaded outside the United States. Access to Platform, App and/or the content may not be legal in certain countries outside the United States. If you access the Platform or App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Platform or App.

Our Platform and App are created and controlled by the laws of the Commonwealth of Massachusetts, United States of America. The Platform and App, and their contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the Commonwealth of Massachusetts and applicable United States federal laws. Use of our Platform and/or App constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Platform and App are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data in our Platform and/or App, as may be required.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us in the Platform or App, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Platform and App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

bosWell, Inc.
c/o Social Enterprise Greenhouse
10 Davol Square Unit 100
Providence, RI 02903
P: (401) 216-7539

Effective Date: August 25, 2019