Terms and Conditions

Last Reviewed on 11/18/2011

General.

This website, including all of its features and content ("Website"), and the mobile information service, including all of its features and content ("Mobile Service") (collectively the “txt4health" or "Services") is managed by Voxiva and may be used solely under the terms and conditions found in this Agreement and those defined below (collectively the "Terms and Conditions").

Additional terms and conditions may apply if your use of the Services is provided by a sponsoring organization (such as an employer or insurance company). You will have been informed of these terms and conditions at the time of enrollment in the Services and they may be reviewed from the log-in page you have been provided with.

Your use of the Services is further subject to the terms of our Privacy Policy attached hereto and our Copyright and Trademark Notice, and Acceptable Use Policy, each of which is posted on the Voxiva Website (voxiva.com).

Your use of the Services constitutes your agreement to be bound by all of these Terms and Conditions. Should you object to any term or condition of the Terms and Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services.

Limitations on Use

The Service has been designed for people who are at risk of type 2 diabetes. Do not use this Service if you:

  • Are pregnant
  • Are under 18 years

Limited License.

Subject to these Terms and Conditions, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Services. Voxiva may revoke this license at anytime, for any reason.

Medical Disclaimer.

The Services do not provide medical advice, diagnosis or treatment and are intended for general information purposes. The Services are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment. Results from the use of the Services vary from person to person. There is no guarantee that the Services will result in identifying or preventing diabetes or any other medical condition.

General Disclaimer.

The Services are provided "as is," without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. Voxiva does not warrant the accuracy or completeness of the Services, the suitability of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Services. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Voxiva does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website is free of viruses or other harmful components.

Information You Provide.

Any personally identifiable information you provide to Voxiva via this Website or via text messaging belongs to you and is protected by and subject to our Privacy Policy, attached hereto.

Access or Delivery to Mobile Networks is Not Guaranteed.

Delivery of information and content from or to a mobile device may fail due to circumstances or conditions beyond Voxiva's control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Voxiva's control and Voxiva is not responsible or liable for such problems.

You May Be Charged A Fee for Message Transmission And Delivery By Your Network Operator.

You understand and acknowledge that your use of the Services from a terminal such as a mobile device or personal computer is subject to any agreements you have with your network service provider and any fees they may charge, including but not limited to fees for text messaging, data use or internet access, are your sole responsibility.

  • The content is NOT available on all carriers. For currently supported carriers for txt4health alert text messages, Click here.
  • Message Frequency : Message frequency will vary by user participation. Minimum of 4 messages per week.
  • Message Pricing: Message and data rates may apply.
  • Opt-Out: You can cancel at any time by texting STOP to 311411.
  • For HELP text HELP to 311411.
  • For Support e-mail to: support@voxiva.com
Text and E-mail Messages Are Not Encrypted.

Email and text message communications from the Services are not encrypted and therefore this information can be read if intercepted while in transit. Although Voxiva's use of this information is governed by the Privacy Policy attached hereto, it is possible for these communications to be intercepted or accessed without your authorization.
By using the Services you hereby release Voxiva from any liability arising from or related to any such unauthorized access.

Text and E-mail Messages Stored on Your Device are Your Responsibility.

Once delivered to your device or e-mail server, text and e-mail messages are under your control and are your responsibility. By using the Services you hereby release Voxiva from any liability arising from or related to access to these messages once they have been delivered.

Service May Be Limited By Your Operator Or Your Device.

You agree and accept that your use of the Services may be limited by your network operator or by the capabilities or capacities of your terminal or mobile device.

Mobile Network Operators May Not Support All Users.

You acknowledge that certain operators do not support or offer certain mobile network services, such as delivery of messaging and mobile internet access. You understand and agree that the Services may not, in part or in whole, be available to you if your mobile network operator does not support them in a standard the conforms to the Services.

Limitations of Damages.

In no event shall Voxiva or any of its affiliates, subsidiaries, licensors, directors, officers, or employees be liable to any entity for any direct, indirect, special, consequential, punitive or other damages of any kind whatsoever (including, without limitation, any medical expenses, lost profits or revenue, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Services (including any errors or omissions), materials, and functions of the Services, or any linked website, even if Voxiva is expressly advised of the possibility of such damages.

Changes in Content.

Voxiva may terminate, change, suspend or discontinue any aspect of the Services including the availability of any features at any time. Voxiva may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Changes in Terms and Conditions.

Voxiva reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted to our Website. Your continued use of the Services after any changes to the Terms and Conditions have been posted will be considered acceptance of those changes.

When we make changes we will also revise the "last modified" date at the top of the Terms and Conditions. For material changes to Terms and Conditions, we will notify you either by placing a prominent notice on the txt4health website or by sending you a notification directly. We encourage you to review this statement periodically. Please be aware that these Terms and Conditions do not necessarily apply to other separately operated products or services that we provide.

International Users and Choice of Law.

This Website and the Service is controlled by Voxiva from its offices within the United States. Voxiva makes no representation that materials at this Website or in the Service are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Website or export the materials in violation of U.S. export laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the District of Columbia, without giving effect to its conflict of laws provisions.

Spam is Prohibited and Causes Damages.

You will not use the Service to transmit, either directly or indirectly, any bulk mobile messages or unsolicited commercial mobile messages. You will not use the Service in any way that violates Voxiva's Acceptable Use Policy. A breach of any part of the Federal Anti-Spam Laws or the Company's Anti-Spam Policy is a breach of the Terms and Conditions and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Miscellaneous.

These Terms and Conditions, including the documents and policies referenced herein, constitute the entire agreement between Voxiva and you with respect to your access and use of the Services. Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of such provision as nearly as possible, and the remainder of these Terms and Conditions shall continue in full force and effect.

Contact Us.

If you have questions regarding our Terms and Conditions, please e-mail us at support@voxiva.com. You may also elect to stop receiving e-mail or SMS messages from us at any time by following the instructions provided in the message.

If you are experiencing problems with one of VOXIVA's services you can contact us by e-mailing support@voxiva.com. Please provide full problem description in the e-mail.