Legal

Terms and Conditions

Privacy Policy

Business Associate Agreement

Terms and Conditions

1. Nature Of Services

FewGoodApps provides a software platform that enables Providers to offer their services and products directly to consumers and for consumers to purchase services directly from Providers. FEWGOODAPPS DOES NOT PROVIDE MEDICAL, DENTAL, OR HEALTH RELATED SERVICES AND DOES NOT PROVIDE INSURANCE OF ANY TYPE.

2. User Rights, Obligations and Restrictions

True and Accurate Information. As a User you agree to provide, as applicable, (i) true, accurate, current, and complete information about yourself when prompted; and (ii) maintain and properly update your FewGoodApps Account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that you have, or you intend to, violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate, as applicable, your use of your FewGoodApps Account, the FewGoodApps Services, and Provider services (or any portion thereof).

Access Credentials. You are solely responsible for (i) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (ii) not allowing another person to use your access credentials; and (iii) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. FewGoodApps is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of the Terms) to allow another person or entity to access and use the FewGoodApps Services using your access credentials. You must immediately notify FewGoodApps if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your FewGoodApps Account by using the contact information listed below.

No Responsibility for Provider Services or Products. Any healthcare or other service or product you receive from a Provider shall be between you and the Provider, and we shall have no responsibility for such services or products. We shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.

FewGoodApps does not provide medical advice; respond to medical inquiries; endorse any Provider; endorse any specific medical procedure, product, test, or opinion; or make any representation or warranties with respect to a Provider or the quality of services or products they may provide. FewGoodApps is not responsible for the healthcare or related services or products that a Provider may provide.

No Guarantee of Provider, Provider Services or Provider Products. We cannot guarantee that Providers or their services or products listed in the FewGoodApps Services will be available. Providers may choose to dis-enroll from, or not participate in, FewGoodApps at any time or change the services or products they offer. Although we cannot guarantee that Providers are available and can provide the desired services or products, we will use commercially reasonable efforts to ensure that all Provider listings within FewGoodApps Services are as accurate as possible.

Content for Informational Purposes Only. FewGoodApps provides content relevant to the Provider services and products that are offered on the FewGoodApps Services. The content provided in FewGoodApps Services, including information about participating Providers and their services and products, is provided for informational purposes only. If you choose to rely on any content on the FewGoodApps Services, you do so at your own risk.

You Will Not Misuse the FewGoodApps Services. The FewGoodApps Services are intended for your personal, noncommercial use in accordance with the Terms. You agree that you will not (i) use FewGoodApps Services for any purpose that is unlawful or prohibited by these Terms; (ii) copy, display, or distribute any part of the FewGoodApps Services in any medium, without our prior written consent; (iii) use the FewGoodApps Services in whole or part, or any benefit thereof, for any commercial purpose, including, but not limited to, selling, bartering, disposing of, or otherwise transferring any services obtained through the FewGoodApps Services in violation of these Terms or any of the Providers’ terms and conditions without our express written permission or the express written permission of the applicable Provider; (iv) use the FewGoodApps Services in any manner which could damage, disable, overburden, or impair FewGoodApps or interfere with any other party’s use and benefit of the FewGoodApps Services; (v) use any automated devices, such as spiders, robots, or data mining techniques, to catalog, download, store, reproduce, or distribute content available on the FewGoodApps Services; manipulate the FewGoodApps Services; or otherwise exceed the limited access granted to you by us; (vi) take action to interfere with, interrupt, destroy, or limit the functionality of the FewGoodApps Services or any computer software or hardware or telecommunications equipment; or (vii) distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.

You Must Be 18 Years of Age to Use the FewGoodApps Services. Individuals under the age of 18 may utilize the FewGoodApps Services only under the supervision of a parent or legal guardian, under such person’s FewGoodApps Account, and otherwise subject to these Terms.

Account Sharing. Because FewGoodApps allows its Members to add their family and friends to one FewGoodApps Account, it may become necessary for FewGoodApps to send care-related information of a FewGoodApps Member to the FewGoodApps originating Member who is responsible for and/or listed on the FewGoodApps Account. This disclosure may include information related to health care treatment. You hereby agree to hold FewGoodApps harmless for any losses or injuries that arise, directly or indirectly, from FewGoodApps’s sharing of your information with other FewGoodApps Members that share your FewGoodApps Account.

License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to: (i) download and install a copy of the FewGoodApps mobile app on any mobile device or computer that you own or control and to run such copy solely for your own personal use; (ii) view text, graphics, images, audio, video, or information (collectively, “Content”) that we make available through the FewGoodApps Services, including any Content licensed from a third party; and (iii) view any Content that a User posts, uploads, publishes, submits, or transmits for public dissemination and to be made available through the FewGoodApps Services (“User Content”) to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the FewGoodApps Services or Content, except as expressly permitted in these Terms or in express written consent from FewGoodApps. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

How We May Contact You. If you become a Member, we may use automated telephone dialing, text messaging systems and electronic mail to provide messages to you about matters related to your enrollment matters, such as scheduled payments, missed payments, support, and other important information. Any message related to your actual healthcare or benefits for that care will simply ask you to contact us. The telephone messages may be played by a machine automatically when the telephone is answered, whether answered by you or someone else. You give us your permission to call or send a text message to any telephone number you have given us or you give to us in the future and to play pre-recorded messages or send text messages over the phone. You also give us permission to communicate such information to you by e-mail. You understand that, when you receive such calls, texts, or e-mails, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services. You agree that we will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls, texts, or e-mails. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding our efforts to communicate only with you. If a telephone number(s) you have provided to us changes, or if you cease to be the owner, subscriber or primary user such telephone number(s), you agree to immediately give us notice of such facts so that we may update our records.

Copyright. The FewGoodApps Services and associated Content are owned by FewGoodApps or licensed by FewGoodApps from third parties, such as the Stripe Inc and product manufacturers. All rights reserved. You may not, except with our express written permission, distribute or commercially exploit the Content that appears on the FewGoodApps Services. Nor may you transmit it or store it in any other web site or other form of electronic retrieval system. Any unauthorized redistribution or re-servicing of any part or all of the Content in any form is prohibited.

Trademarks. The Content on the FewGoodApps Services, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, service and program names, slogans, and the compilation of the foregoing is protected in the U.S. and internationally under trademark and other intellectual property laws. You agree that you will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the FewGoodApps Services (or printed pages produced from the FewGoodApps Services).

You further agree to in no other way use any Content that appears on the FewGoodApps Services in a manner that is likely to cause confusion among consumers or that disparages or discredits FewGoodApps.

Posting Content. Some of the FewGoodApps Services allow you to upload, submit, store, send, or receive content (“User Content”). You retain ownership of any intellectual property rights that you hold in User Content. In short, what belongs to you stays yours. However, by posting any User Content, you hereby grant us a non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. You will follow these rules when posting User Content: (i) you will not post any content that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) you will not post any content protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) you will not post personal information about yourself or other Users; (iv) you will not post any content intended for a commercial purpose, including advertisements, without the prior express written approval of FewGoodApps; (v) you will not post any content that impersonates or misrepresents your affiliation with any person or organization; and (vi) you will not post any material that contains malware, which could impair the functionality of FewGoodApps.

We reserve the right to monitor the User Content that is posted on the FewGoodApps Services. We also reserve the right, in our sole discretion, to remove any User Content that we deem is posted in violation of the Terms.

Links to Third Party Web Sites. FewGoodApps Services may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of FewGoodApps, and FewGoodApps is not responsible for the contents of any Linked Site. FewGoodApps is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FewGoodApps of the linked Site or any association with its operators.

Accuracy of Content. Although we strive to ensure the accuracy of the Content on or available through the FewGoodApps Services, the Content may include inaccuracies or typographical errors. We cannot be held responsible by you for the accuracy of such Content. Content on the FewGoodApps Services may include User Content. We are not responsible for any User Content that is posted on the FewGoodApps Services and do not guarantee its accuracy or completeness. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all Content, including User Content, provided on the FewGoodApps Services.

3. Disclosures

Here is some important information to consider when purchasing a membership plan through the FewGoodApps Services:

• Membership plans are not (i) insurance, (ii) qualified health plans under the Affordable Care Act, (iii) pre-payment for future services, or (iv) payment for access to discounted services. Rather, Membership plans are direct payment arrangements between plan members and Providers for services, products and care provided.
• Membership plans run for 12 months and include an auto renewal feature. Plan members can opt out of the auto renewal at any time from the Member Portal.
• The membership plans are administered by Providers and NOT by FewGoodApps.
• Providers establish their own membership fees, treatment fees, and terms. Fees and terms may vary depending on Provider, services and products provided, and location.
• FewGoodApps does not make payments to Providers for medical services. Plan members and plan sponsors pay Providers for medical services and FewGoodApps charges Providers fees for use of the FewGoodApps platform and services.
• Payment for treatment not included in the membership plan is due at the time of service.
• The savings offered in the membership plan cannot be combined with any other offers or discounts.
• Refund policy for membership plan is determined by the Provider.  FewGoodApps has no role in determining the refund policy.

4. Disclaimers

NO WARRANTY. ALL CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. FEWGOODAPPS AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE FEWGOODAPPS SERVICES FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FEWGOODAPPS AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FEWGOODAPPS EXPRESSLY DISAVOWS ANY WARRANTY OR GUARANTEE OF ANY KIND ON THE TITLE OR QUALITY OF ANY FEWGOODAPPS SERVICE OR PROVIDER SERVICE OR PROVIDER PRODUCT PURCHASED OR OTHERWISE OBTAINED FROM THE FEWGOODAPPS SERVICES.

INDEMNIFICATION. ANY CONTENT OR SERVICES OR PRODUCTS OBTAINED FROM THE FEWGOODAPPS SERVICES IN ANY MANNER WHATSOEVER ARE DONE AT YOUR OWN RISK. YOU HEREBY AGREE TO FULLY INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITY THAT MAY ARISE AS A RESULT OF ANY TRANSACTION OCCURRING BECAUSE OF YOUR USE OF THE FEWGOODAPPS SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LIABILITY OR CAUSE OF ACTION WHICH RESULTS FROM OUR NEGLIGENCE, GROSS NEGLIGENCE, OR RECKLESSNESS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ADDITIONALLY, THIS LIABILITY WAIVER AND INDEMNITY PARAGRAPH CONTAINS AND LIMITS ANY LIABILITY OF OURS ARISING FROM ANY STRICT LIABILITY OR INTENTIONAL TORT WE CAUSE, EITHER PROXIMATELY OR OTHERWISE, TO ANYONE.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL FEWGOODAPPS AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FEWGOODAPPS, WITH THE DELAY OR INABILITY TO USE FEWGOODAPPS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, INFORMATION, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH FEWGOODAPPS, OR OTHERWISE ARISING OUT OF THE USE OF FEWGOODAPPS SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FEWGOODAPPS OR ANY OF ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FEWGOODAPPS SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FEWGOODAPPS SERVICES.

System Outages, Slowdowns, and Capacity Limitations. At times you may experience difficulty accessing the FewGoodApps Services or communicating with FewGoodApps through the internet or other electronic services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an internet service provider’s, or FewGoodApps’s, can experience unanticipated outages or slowdowns or have capacity limitations. FewGoodApps makes no warranty whatsoever to you, express or implied, regarding the availability of the internet or cell or data service.

Protecting Your Devices and FewGoodApps Account. FewGoodApps makes no warranty whatsoever to you, express or implied, regarding the security of the FewGoodApps Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the FewGoodApps Services. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. FewGoodApps is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.

5. Termination By Us

We may terminate your FewGoodApps Account at our discretion without notice. If we do so, your Provider at their discretion may fulfill the services and products that you purchased or give you a prorated refund based on the number of months remaining on your Provider services. However, your Provider will not be obligated to provide any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the FewGoodApps Services, or is harmful to our interests, a Provider’s interests, or another User. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

6. Jurisdiction, Applicable Law and Mandatory Arbitration

Choice of Law. Except as set forth in the Mandatory Arbitration provision below, this agreement is governed by the laws of the State of Texas, and if for any reason a claim or dispute is not arbitrated, you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County for all disputes arising out of or relating to the use of the FewGoodApps Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FewGoodApps as a result of your use of FewGoodApps Services. FewGoodApps’s performance is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of FewGoodApps’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of FewGoodApps Services or information provided to or gathered by FewGoodApps with respect to such use.

Mandatory Arbitration; Jury Trial and Class Action Waiver. The parties agree that any dispute, controversy or claim arising from or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, your access to or use of FewGoodApps Services at any time, whether before or after the date you agreed to the Terms, the relationships resulting from any of the foregoing, or the arbitrability of any claim or dispute, must be resolved by binding arbitration, and not by a judge or jury in a court of law. However, you and FewGoodApps each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. If the AAA is unable to serve and the parties cannot agree on a replacement, a court with jurisdiction will select the administrator or arbitrator. The Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., governs the interpretation and enforcement of this provision. The parties knowingly and voluntarily waive any right (a) to a trial by judge or jury, (b) to participate in a class action or other representative action in court or in class-wide arbitration, whether as a class representative, class member, private attorney general or otherwise, or (c) to join or consolidate claims in arbitration. If a determination is made that the class action waiver is invalid or unenforceable, only this sentence of this arbitration provision will remain in force and the remainder of this arbitration provision shall be null and void, provided that the determination concerning the class action waiver shall be subject to appeal. This arbitration provision shall survive any assignment, cancellation or termination or the bankruptcy of any party. The arbitrator’s decision will be final and binding, except for any appeal rights under the FAA. In the event of any conflict between this arbitration provision and the Terms or the AAA rules, this arbitration provision will govern.

Severability. Except as set forth in the Mandatory Arbitration provision above, if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Whole Agreement. Unless otherwise specified herein, these Terms constitute the entire agreement between the User and FewGoodApps with respect to FewGoodApps and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and FewGoodApps with respect to FewGoodApps. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents are drawn up in English.

7. Assignment

These Terms may be assigned by us, without your consent, to (i) a parent or subsidiary; (ii) an acquirer of FewGoodApps Inc or any of its assets; or (iii) a successor by merger.

8. Contact Us

If you have any questions or concerns, please contact us by email at support@fewgoodapps.comor by phone at 1-469-351-9615.

Privacy Policy

1. Nature of Services

FewGoodApps provides a software platform that enables Providers to offer their services directly to consumers and for consumers to purchase services directly (or through plans established by their employers) from Providers. FEWGOODAPPS DOES NOT PROVIDE MEDICAL, DENTAL, OR HEALTHCARE SERVICES AND DOES NOT PROVIDE INSURANCE OF ANY TYPE.

FewGoodApps takes the privacy of its users seriously and complies with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA). This Privacy Policy operates in conjunction with our privacy policies and procedures under HIPAA. For more information about those policies and procedures, see our Notice of Privacy Practices.

2. Information We Collect

We collect information to make your experience, and the experience of others, better. We may collect the following types of information from you:

• Basic Information: We may collect personal information such as your name, date of birth, telephone number, email address, zip code, login credentials, and credit or debit card account information. We will also collect any personal information that you choose to post on the FewGoodApps Services.
• Health Information: We may collect information about your healthcare or the healthcare of your dependents. We collect this information when you purchase or obtain Provider services, post content, submit information, or otherwise communicate with us. More information about how we handle this information may be found in our Notice of Privacy Practices under HIPAA.
• Device and Usage Information: We may also automatically collect certain anonymous information when you use FewGoodApps Services. This information may include, for example, your IP address, your Internet browser and operating system type, the date and time of your visit, and the URLs of other web sites that referred you to us.

3. Cookies and Other Tracking Technologies

We may DO NOT use cookies and other tracking technologies, such as web beacons, when you use FewGoodApps Services.

4. How We Use Collected Information

We take your privacy seriously. We do not sell, share, rent, or trade the personal information we have collected about you, other than as disclosed within this Privacy Policy or at the time you provide your information and subject to limits set forth in the Notice of Privacy Practices. We do not share your personal information with third parties for those third parties’ direct marketing purposes unless you consent to such use or sharing.

Below are some examples of how we use the information:

• To provide FewGoodApps Services, including creating and administering your FewGoodApps account;
• To purchase services from Providers;
• To pass payment information to Providers;
• To respond to and fulfill your support requests;
• To remind you of upcoming events, such as renewals;
• To communicate with you about your FewGoodApps account, such as payment reminders;
• To communicate with you about the FewGoodApps Services or Provider services, including changes to those services;
• To develop new products and services;
• To offer you tailored content on the FewGoodApps Services;
• To provide you with information about products and services that may interest you;
• For our legitimate business needs;
• To maintain and improve the FewGoodApps Services; and
• For any other purpose to which you consent.

5. How We Share Personal Information

We work with third parties that provide services and support for the FewGoodApps Services. We may share personal information with third parties for the following reasons:

• Providers: We may share your information with Providers in order to complete your purchase of services from Providers or so that Providers can provide you with their services.
• Service Providers: We may share information with service providers that help us deliver FewGoodApps Services.
• With Your Consent: We may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose.
• To Prevent Harm: We may share information if we reasonably believe it is necessary in order to protect your health or safety or the health or safety of others.
• As Required by Law: We will share information when we are legally required to do so, such as in response to court orders or legal process; to establish, protect, or exercise our legal rights; to defend against legal claims or demands; or to comply with the requirements of any mandatory applicable law.

We require that our third parties only use shared personal information to perform the services requested in accordance with this Privacy Policy and have adequate security measures in place to protect any of your shared personal information.

We may also share information within our corporate family, such as with subsidiaries, joint ventures, or affiliates, to the extent permitted by law. In the event that we enter into a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), we may transfer personal information that we have collected to the relevant third party.

We may share non personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or FewGoodApps Services, or for other business purposes.

All uses and disclosures that involve your personal health information that is protected by HIPAA will also be subject to the terms set forth in our Notice of Privacy Practices.

6. How We Protect Personal Information

We work hard to protect your personal information. We use commercially reasonable physical, technical, and administrative security measures to protect personal information we collect from loss, misuse, unauthorized access, or improper disclosure. Please understand that no security technology is completely secure, and remember that when communicating with FewGoodApps, email is not a secure form of communication when transmitting sensitive or personal information.

7. Third Party Data Collection

Some content or applications on the FewGoodApps Services may be provided by third parties, including analytics companies and advertising providers. The FewGoodApps Services may also include social media features, such as the Facebook “Like” button, and other widgets, such as the “Share” button or interactive mini-programs provided by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use the FewGoodApps Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different web sites and other online services.

One of the third-party services that we use is Google Analytics, which is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of our web site and may share this data with other Google services. You can learn more about how Google uses and shares personal information and about any choices you may have with regards to your personal information by visiting their web site at www.google.com/policies/privacy/partners/. The FewGoodApps Services may also use Google Analytics Advertising Features, including Remarketing with Google Analytics, to advertise online. Third-party vendors, including Google, may show our ads on websites across the Internet. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Double Click cookie) together to inform, optimize, and serve ads based on your past visits to the web site. To opt out of Google’s use of cookies, you may visit Google’s Ads Settings.

8. Links to Other Web Sites

The FewGoodApps Services may contain links to third party web sites, such as social media web sites. This Privacy Policy is only applicable to the FewGoodApps Services. FewGoodApps has no control of these third party web sites or how they handle your personal information. Please be sure to review these third party web site privacy policies before visiting their web sites.

9. Do Not Track

The Site is not currently configured to respond to Do Not Track signals.

10. Children’s Privacy

FewGoodApps Services are not intended for persons under the age of 18. We do not knowingly collect, maintain, or use personal information from children under the age of 13. If we become aware that a child under the age of 13 has submitted personal information to us through the FewGoodApps Services, we will immediately delete such information.

11. Contact Us

If you have any questions or feedback, please contact us by phone at 1-469-351-9615 or by email at support@fewgoodapps.com.

Business Associate Agreement

This Business Associate Agreement (this “BAA”) is entered into by and between FewGoodApps Inc, a Texas C Corporation (“Business Associate”) and the customer identified in the Service Agreement (“Customer”) (each a “Party” and collectively the “Parties”), who entered into the Service Agreement (as defined below) with Business Associate. This BAA hereby amends and is incorporated into the Service Agreement between Customer and Business Associate. To the extent that the provisions of this BAA conflict with those of the Service Agreement, the provisions of this BAA shall control.

RECITALS

WHEREAS, Business Associate now and in the future may have relationships with Customer in which Business Associate creates, receives, maintains, or transmits Protected Health Information (as defined below) for or on behalf of Customer through the performance of the Services (as defined in 2.1 below) to Customer.

WHEREAS, Business Associate and Customer desire to meet their obligations, to the extent applicable, under the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Rule”) and the Security Standards for the Protection of Electronic Health Information (the “Security Rule”) published by the U.S. Department of Health and Human Services (“HHS”) at 45 C.F.R. parts 160 and 164 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) and implementing regulations.

WHEREAS, the Parties desire to set forth the terms and conditions pursuant to which Protected Health Information received from, or created, received, maintained, or transmitted by the Business Associate on behalf of, the Customer, will be used and disclosed.

NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

TERMS AND CONDITIONS

1. Definitions

1.1 Unless otherwise specified in this BAA, all capitalized terms used in this BAA but not otherwise defined shall have the same meanings as those terms are defined in HIPAA and HITECH, as each is amended from time to time.

1.2 “Breach” shall mean the acquisition, access, use or disclosure of Protected Health Information in a manner not permitted by the Privacy Rule that compromises the security or privacy of the Protected Health Information as defined, and subject to the exceptions set forth, in 45 C.F.R. § 164.402.

1.3 “Electronic Protected Health Information” shall mean Protected Health Information or PHI, as defined in Section 1.5, that is transmitted or maintained in electronic media, including but not limited to, hard drives, disks, on the internet, or on an intranet.

1.4 “HITECH” shall mean Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009, 42 U.S.C. §§17921-17954, and any and all references in this BAA to sections of HITECH shall be deemed to include all associated existing and future implementing regulations, when and as each is effective.

1.5 “Protected Health Information” or “PHI” shall mean Protected Health Information, as defined in 45 C.F.R. § 160.103, and is limited to the Protected Health Information received from, or created, received, maintained, or transmitted on behalf of, Customer by Business Associate pursuant to performance of the Services.

1.6 “Privacy Rule” shall mean the federal privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, codified at 45 C.F.R. Parts 160 and 164 (Subparts A & E).

1.7 “Security Rule” shall mean the federal security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, codified at 45 C.F.R. Parts 160 and 164 (Subparts A & C).

2. Permitted Uses and Disclosures of Protected Health Information

2.1 Services.

(a) Business Associate provides services (which may include, but is not limited to, transaction services, servicing hardware, or software products, and data exchange and analytic services) (“Services”) that involve the use and/or disclosure of PHI. These Services are provided to Customer under various agreements (collectively, the “Service Agreement”) that specify the Services to be provided by Business Associate. Except as otherwise specified herein, Business Associate may make any and all uses anddisclosures of PHI created or received from or on behalf of Customer necessary to perform its obligations under the Service Agreement.

(b) Business Associate may provide Data Aggregation services relating to the Health Care Operations of Customer in accordance with the Privacy Rule.

2.2 Business Activities of the Business Associate. Unless otherwise limited herein, the Business Associate may:

(a) consistent with 45 C.F.R. § 164.504(e)(4), use and disclose the PHI in its possession for its proper management and administration and to fulfill any present or future legal responsibilities of the Business Associate, provided that (i) the disclosures are Required by Law; or (ii) any third party to which Business Associate discloses PHI for those purposes provides reasonable assurances that the information will be held confidentially and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the third party, and the third party promptly will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information has been breached; and

(b) de-identify any and all PHI in accordance with 45 C.F.R. § 164.514(b). Customer acknowledges and agrees that de-identified information is not PHI and that Business Associate may use such de-identified information for any lawful purpose, and there will be no restriction on Business Associate’s use or disclosure of the de-identified health information once it has been so de-identified.

3. Responsibilities of the Parties

3.1 Responsibilities of the Business Associate with Respect to PHI. With regard to its use and/or disclosure of PHI, Business Associate agrees to:

(a) not use or further disclose PHI other than as necessary to provide the Services, as permitted or required by this BAA, and in compliance with each applicable requirement of 45 C.F.R. § 164.504(e) or as otherwise Required by Law; provided that, to the extent Business Associate is to carry out Customer’s obligations under the Privacy Rule, Business Associate will comply with the requirements of the Privacy Rule that apply to Customer in the performance of those obligations;

(b) implement and use appropriate administrative, physical, and technical safeguards and comply with the applicable requirements of the Security Rule with respect to Electronic PHI, to prevent use or disclosure of PHI other than as provided for by this BAA;

(c) without unreasonable delay, report to the Customer: (i) any use and/or disclosure of the PHI of which Business Associate becomes aware that is not permitted or required by this BAA, in accordance with 45 C.F.R. § 164.504(e)(2)(ii)(C); and/or (ii) any Security Incident of which Business Associate becomes aware in accordance with 45 C.F.R. § 164.314(a)(2)(C);

(d) without unreasonable delay, and in any event no later than sixty (60) calendar days after Discovery, Business Associate shall notify Customer of any Breach of Unsecured PHI. The notification shall include, to the extent possible and subsequently as the information becomes available, the information required by 45 C.F.R. § 164.410;

(e) in accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of Business Associate agree, in writing, to the same restrictions and conditions on the use and/or disclosure of PHI that apply to the Business Associate, including complying with the applicable Security Rule requirements with respect to Electronic PHI;

(f) make available its internal practices, books and records relating to the use and/or disclosure of PHI to the Secretary of HHS for purposes of determining the Customer’s compliance with the Privacy Rule;

(g) document and within thirty (30) days after receiving a written request from Customer, make available information necessary for Customer to make an accounting of disclosures of an Individual’s PHI, in accordance with 45 C.F.R. § 164.528 and, as of the date compliance is required by final regulations, 42 U.S.C. § 17935(c);

(h) within fifteen (15) days of receiving a written request from Customer, make available (in accordance with the requirements of 45 C.F.R. § 164.524) PHI necessary for Customer to respond to Individuals’ requests for access to PHI about them, including, providing or sending a copy to a designated third party and providing or sending a copy in electronic format, to the extent that the PHI in Business Associate’s possession constitutes a Designated Record Set. In the event any Individual requests access to PHI directly from Business Associate, the Business Associate may provide such information directly to the Individual or to such third party as may be designated by the Individual; and

(i) to the extent that the PHI in Business Associate’s possession constitutes a Designated Record Set, make available, within thirty (30) days after a written request by Customer, PHI for amendment and incorporate any amendments to the PHI as directed by Customer, all in accordance with 45 C.F.R. § 164.526.

3.2 Responsibilities of the Customer with Respect to PHI.

(a) With regard to the use and/or disclosure of PHI by the Business Associate, the Customer agrees: (i) to obtain any consent, authorization, or permission that may be required by the Privacy Rule or any other applicable federal, state or local laws and/or regulations prior to furnishing Business Associate the PHI pertaining to an Individual; and (ii) that it will not furnish Business Associate PHI that is subject to any arrangements permitted or required of the Customer, including but not limited to, arrangements agreed to by Customer under 45 C.F.R. § 164.522 that may impact in any manner the use and/or disclosure of PHI by the Business Associate under this BAA and the Service Agreement.

(b) Customer represents and warrants that its notice of privacy practices permits Customer to use and disclose PHI in the manner that Business Associate is authorized to use and disclose PHI under this BAA.

4. Term and Termination

4.1 Term. This BAA shall become effective on the date on which both Parties have executed the Service Agreement (the “Effective Date”). This BAA shall continue in effect unless terminated as provided in this Section 4, provided, that certain provisions and requirements of this BAA shall survive the expiration or termination of this Agreement in accordance with Section 6.4 herein.

4.2 Termination. If either Party knows of a pattern of activity or practice of the other Party that constitutes a material breach or violation of this BAA then the non breaching Party shall provide written notice of the breach or violation to the other Party that specifies the nature of the breach or violation. The breaching Party must cure the breach or end the violation on or before thirty (30) days after receipt of the written notice. In the absence of a cure reasonably satisfactory to the non-breaching
Party within the specified timeframe, or in the event the breach is reasonably incapable of cure, then the non-breaching Party may terminate this BAA.

4.3 Automatic Termination. This BAA will automatically terminate with respect to any Business Associate without any further action of the Parties upon the termination or expiration of the Service Agreement between Customer and such Business Associate.

4.4 Effect of Termination or Expiration. Within sixty (60) days after the expiration or termination for any reason of this BAA, Business Associate shall return or destroy all PHI, if feasible to do so, including all PHI in possession of Business Associate’s
subcontractors. In the event that Business Associate determines that return or destruction of the PHI is not feasible, Business Associate shall notify Customer in writing and may retain the PHI subject to this Section 4.4. Under any circumstances, Business Associate shall extend any and all protections, limitations and restrictions contained in this BAA to Business Associate’s use and/or disclosure of any PHI retained after the expiration or termination of this BAA and shall limit any further uses and/ordisclosures solely to the purposes that make return or destruction of the PHI infeasible.

5. Limitation of Liability

BUSINESS ASSOCIATE’S LIABILITY ARISING OUT OF OR RELATED TO THIS BAA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY), OR UNDER ANY THEORY OF LIABILITY, IS SUBJECT TO THE “LIMITATION OF LIABILITY” SECTION OF THE SERVICE AGREEMENT AND ANY REFERENCE IN SUCH SECTION TO BUSINESS
ASSOCIATE’S LIABILITY MEANS BUSINESS ASSOCIATE’S AGGREGATE LIABILITY UNDER THE SERVICE AGREEMENT AND THIS BAA.

6. Miscellaneous

6.1 Entire Agreement. This BAA and all attachments, schedules and exhibits hereto, together with the Service Agreement, constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous written or oral memoranda, negotiations, arrangements, contracts or understandings of any nature or kind between the Parties with respect to the subject matter hereof.

6.2 Change of Law. Customer shall notify Business Associate within ninety (90) days of any amendment to any provision of HIPAA or its implementing regulations, and/or HITECH or its implementing regulations, which materially alters either Party’s or the Parties’ obligations under this BAA. The Parties agree to negotiate in good faith mutually acceptable and appropriate amendment(s) to this BAA to give effect to such revised obligations; provided, however, that if the Parties are unable to agree
on mutually acceptable amendment(s) within ninety (90) days of the relevant change of law, either Party may terminate this BAA consistent with Sections 4.3 and 4.4.

6.3 Construction of Terms. The terms of this BAA to the extent they are unclear shall be construed to allow for compliance by Customer and Business Associate with HIPAA and HITECH.

6.4 Survival. The provisions of this BAA that by their context are intended to survive the expiration or termination of this BAA, including, without limitation, Sections 1, 4.4, 5, 6.3, 6.8, 6.10, 6.11, 6.13, and this Section 6.4., will survive the expiration
or termination of this Agreement.

6.5 Amendment; Waiver. This BAA may not be modified, nor shall any provision hereof be waived or amended, except in a writing duly signed by authorized representatives of the Parties. A waiver with respect to one event shall not be construed as continuing, or as a bar to or waiver of any right or remedy as to subsequent events.

6.6 Notices. Any notices to be given hereunder to a Party shall be made via U.S. Mail or express courier to such Party’s address given above, and/or via facsimile to the facsimile telephone numbers listed above. Each Party may change its address and that of its representative for notice by the giving of notice thereof in the manner herein above provided.

6.7 Execution in Counterparts; Facsimiles. This BAA may be executed in any number of counterparts, each of which shall be deemed an original and all of which will be one and the same document. Facsimile copies hereof shall be deemed to be originals.

6.8 Disputes. If any controversy, dispute or claim arises between the Parties with respect to this BAA, the Parties shall make good faith efforts to resolve such matters informally.

6.9 Binding Agreement; New Parties; Agency.

(a) This BAA shall be binding upon the Parties and their successors and permitted assigns. Any one or more additional subsidiaries of Business Associate with a relationship with Customer in which such entity creates, receives, maintains or transmits PHI for use in providing services or products to Customer (each a “New Party”) may join this BAA as a Party and a Business Associate by executing and delivering a counterpart of this BAA. In addition, Business Associate, from time to time may list on its corporate website its subsidiaries which are business associates for purposes of HIPAA and HITECH compliance (“HIPAA BA Subs”). Each HIPAA BA Sub that creates, receives, maintains or transmits PHI for use in providing services orproducts to Customer shall be deemed to be a New Party without further action by any Party hereto.

(b) The Parties acknowledge that Business Associate is executing and delivering this BAA solely in its capacity as agent for the Business Associates. Upon Customer’s acceptance of this form, an Order Form, or the Services Agreement, this Agreement will become binding on Customer and Business Associate.

6.10 No Third Party Beneficiaries. Nothing in this BAA shall confer upon any person other than the Parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever.

6.11 Contradictory Terms. Any other provision of the Service Agreement that is directly contradictory to one or more terms of this BAA (a “Contradictory Term”) shall be superseded by the terms of this BAA to the extent and only to the extent of the contradiction, only for the purpose of Customer’s compliance with HIPAA and HITECH, and only to the extent reasonably impossible to comply with both the Contradictory Term and the terms of this BAA.

6.12 Independent Contractor. Business Associate and Customer are and shall remain independent contractors throughout the term. Nothing in this BAA shall be construed to constitute Business Associate and Customer as partners, joint venturers, agents or anything other than independent contractors.

6.13 Governing Law and Venue. This BAA shall be governed by and construed in accordance with the laws of the state of Texas without regard to the conflicts of law principles of such state. Any suit brought herein shall be brought in the state or federal courts located in Dallas County, Texas.

6.14 Privacy Contact. Customer acknowledges and agrees that Business Associate and Customer may update their privacy contacts from time to time, depending on changes to the business. Customer may contact support@fewgoodapps.com for any
inquiries related to this Business Associate Agreement.