Vital Circle

Term of use

Last updated: July 12, 2020

A. Vital Circle
a. Vital Circle, LLC. (“Vendor”) provides web-based symptom and contact tracing through proprietary technologies to organizations. Its technology does not prevent the spread of any disease, and is designed to give individuals and organizations the information they need to make decisions based on their own models.

B. Unacceptable Use
a. Vendor requires that all customers and other users of Vendor’s cloud-based service (the “Service”) conduct themselves with respect for others. In particular, observe the following rules in your use of the Service:

i. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

ii. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.

iii. Intellectual Property: Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

iv. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

v. Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.

vi. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

vii. Violations of Law: Do not violate any law.

C. Texting Program Terms and Conditions
a. Please read these terms and conditions carefully.

b. YOU EXPRESS CONSENT TO RECEIVE AUTOMATED TEXT MESSAGES FROM VITAL CIRCLE

c. By enabling text reminders from Vital Circle, you expressly consented to receive from Vital Circle text messages made using an automatic telephone dialing system (an “autodialer”) to any mobile phone number you provided to Vital Circle in creating your account. You also warrant and represent that you are either the account owner of any mobile numbers you provide to Vital Circle, or you have the express permission of the account holder to provide such numbers.

d. You must be 18 or older to enroll in Vital Circle’s texting program. Message and data rates may apply. You, not Vital Circle, will be solely responsible for any carrier charges because of text messages from Vital Circle. The following carriers are currently supported by Vital Circle’s texting program: ACS Alaska, AT&T, Alltel, Appalachian Wireless, Bluegrass Cellular, Boost (Sprint), Cellcom, Cellular One, C Spire (formerly Cellular South), Cincinnati Bell, Cricket, Cross, Eastern Kentucky Network, Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix Wireless, Inland Cellular, iWireless, MetroPCS, Mobi PCS, Mosaic, Nex-Tech Communications, nTelos, Panhandle, Pioneer Cellular, Plateau Wireless, Revol Wireless, Simmetry Wireless, Sprint/Nextel, Syringa Wireless, T-Mobile, Thumb Cellular, U.S. Cellular, Union Wireless, United Wireless, Verizon Wireless, Virgin Mobile, West Central Wireless. Additional carriers may be added as they become supported.

e. You may text HELP to any text you receive from us at any time if you require assistance with the texting program. Alternatively, you may email us at hello@vitalcircle.health or call [ADD NUMBER]. When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.

f. To opt-out of texts from Vital Circle, text STOP to any text you receive from us at any time. You agree to and will then receive a single final text message confirming your opt-out of the texting program.

g. You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that Vital Circle may or may not monitor or screen mobile message content you provide but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these terms and conditions.
h. Vital Circle is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and Vital Circle cannot guarantee that each user will receive the benefit of the texting program for each text message sent.

i. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary texts or other communications to Vital Circle in order to stop future text messages from being sent to that number. Vital Circle reserves the right, in its sole discretion, to cancel or suspend any or all of its texting program, in whole or in part, for any reason, with or without notice to you.

D. Consequences of Violation
a.Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. Vendor reserves the right to take any other remedial action it sees fit.

E. Reporting Unacceptable Use
a. Vendor requests that anyone with information about a violation of this AUP report it via e-mail to the following address: PO Box 10183, Chicago, IL 60610. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, as well as details of the violation.

F. Revision of AUP
a. Vendor may change this AUP at any time by posting a new ­version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.