Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the websites, applications, demonstrations, communications, and other services made available by Positivo AI, Inc., a Delaware corporation with offices in Boxford, Massachusetts (“Positivo,” “we,” “us,” or “our”).
By accessing or using our website or services, including participating in a Positivo product demonstration, you agree to these Terms. If you do not agree, please do not use the applicable services.
1. About Positivo
Positivo provides technology that enables healthcare organizations to design, manage, and execute personalized communications and workflows, including SMS, voice, web-based interactions, surveys, care-navigation workflows, health-risk assessments, quality-measure outreach, appointment communications, and other engagement programs.
The information presented on our public website and during product demonstrations is intended to describe and demonstrate Positivo’s technology and capabilities.
2. Product Demonstrations
Positivo may conduct live demonstrations for prospective customers, partners, and other authorized participants.
Demonstrations may include simulated healthcare communications such as health surveys, appointment reminders, care-management interactions, quality-measure outreach, health-risk assessments, or gap-in-care communications.
Unless Positivo expressly agrees otherwise in writing, information used during demonstrations should be sample or simulated information and not actual patient, member, or protected health information.
Demonstration content is provided solely to illustrate product functionality and does not constitute medical advice, diagnosis, treatment, or a recommendation regarding an individual’s health or medical care.
3. SMS Demonstration Program
Positivo may offer an SMS messaging program to individuals participating in Positivo product demonstrations.
By opting in to the Positivo SMS demonstration program, you consent to receive text messages from Positivo relating to the demonstration, which may include sample surveys, sample healthcare engagement messages, responses to your demonstration interactions, and related demonstration communications.
Message frequency varies. Message and data rates may apply.
Consent to receive SMS messages is not a condition of purchasing any Positivo product or service.
You may opt out at any time by replying STOP to a Positivo SMS message. After opting out, you may receive one additional message confirming that your opt-out request has been processed.
For assistance, reply HELP or contact Positivo using the contact information below.
Wireless carriers are not liable for delayed or undelivered messages.
SMS consent applies only to the Positivo messaging program for which consent was provided and is not transferred to another company or messaging program.
4. Consent and Acceptable Use
You agree not to use Positivo’s website, demonstration environment, or services to:
Violate any applicable law or regulation.
Send unsolicited or unauthorized communications.
Impersonate another person or organization.
Upload malicious software or interfere with the operation or security of the services.
Infringe another party’s intellectual-property, privacy, or other legal rights.
Attempt to gain unauthorized access to Positivo systems, accounts, data, or networks.
Reverse engineer, decompile, or otherwise attempt to derive source code or proprietary technology except where expressly permitted by law.
Customers using Positivo’s communications technology are responsible for obtaining any consent required for communications they initiate and for complying with applicable communications, privacy, healthcare, and consumer-protection laws.
5. Healthcare Information and Medical Disclaimer
Positivo provides communications and workflow technology. Positivo is not a healthcare provider and does not provide medical advice, diagnosis, or treatment.
Communications delivered through Positivo on behalf of a healthcare organization are determined or configured by that organization.
If you have questions regarding your health, treatment, medications, or medical condition, contact an appropriate healthcare professional.
Positivo services should not be used for emergency medical communications. If you believe you are experiencing a medical emergency, call 911 or your applicable emergency service.
6. Customer Data and HIPAA
Certain Positivo customers may use the Positivo platform to process information regulated under the Health Insurance Portability and Accountability Act (“HIPAA”) or other healthcare privacy laws.
When Positivo processes protected health information on behalf of a healthcare customer, that processing is governed by Positivo’s applicable customer agreement, Business Associate Agreement, and the instructions of the healthcare organization.
The public website and product-demo provisions of these Terms are separate from those contractual arrangements.
7. Intellectual Property
The Positivo platform, website, software, workflows, interfaces, designs, graphics, documentation, trademarks, logos, and other proprietary materials are owned by Positivo or its licensors and are protected by applicable intellectual-property laws.
Except as expressly authorized by Positivo, you may not copy, modify, distribute, sell, license, reproduce, reverse engineer, or create derivative works from Positivo’s proprietary technology or materials.
“Positivo” and associated names, logos, and branding are trademarks or service marks of Positivo, Inc.
8. Third-Party Services
Positivo’s services may interact with or link to third-party products, communications networks, websites, healthcare systems, or technology services.
Positivo is not responsible for the availability, content, security, or practices of third-party services that are not controlled by Positivo. Your use of such services may be subject to separate terms and privacy policies.
9. Availability of Services
We may modify, suspend, discontinue, or update any portion of our public website or demonstration services at any time.
SMS, email, voice, internet, and other electronic communications depend on third-party networks and services. Positivo does not guarantee that any particular communication will be delivered without delay, interruption, or error.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLIC WEBSITE, DEMONSTRATIONS, AND RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
POSITIVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Nothing in this section modifies any warranty expressly provided in a separate written agreement between Positivo and a customer.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSITIVO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO USE OF THE PUBLIC WEBSITE OR DEMONSTRATION SERVICES.
Any rights or remedies available under a separate written agreement between Positivo and a customer are governed by that agreement.
12. Privacy
Your use of the website and Positivo’s demonstration services is also subject to the Positivo Privacy Policy, available at:
https://www.positivo.ai/privacy
13. Changes to These Terms
We may update these Terms periodically. When we do, we will update the effective date shown above.
Your continued use of the website or applicable services after updated Terms become effective constitutes acceptance of those updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where applicable law requires otherwise.
15. Contact Us
Positivo AI, Inc.
Boxford, Massachusetts
United States
Email: support@positivo.ai
For SMS assistance, reply HELP to a Positivo message or contact us at support@positivo.ai.