Terms & Conditions

Agreement to Terms of Service

The following Terms of Service, together with the terms of our Privacy Policy (collectively “Terms” or “Agreement”) govern your access to and use of the ProtectWell mobile applications (the “App”), website (the “Site”), and all other ProtectWell-related services (the “Services”) provided to you by Optum Labs, LLC and its affiliates, authorized service providers and agents (collectively, the “Company,” “us” or “we” or “our”).

Please read these Terms carefully. Your use of the App, Site, and Services constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not use the App, Site, or Services. This Agreement is divided into two parts. Part One explains all the terms that govern your use of the App, Site, and Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the App, Site, or Services, you must accept all the terms of this Agreement.

NOTICE: THIS AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.

Changes to Terms of Service.

We have the right to change or add to the terms of this Agreement (including the Privacy Policy) at any time by posting the amended Terms on the Site and/or App. Any use of the Site, App, or Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any claim in law or equity, controversy, or dispute regarding or relating to these Terms, or in connection with the App, Site, or Services, whether involving contract, tort, equitable, statutory, or any other legal theory, between you and Company including, but not limited to, any claims relating in any way to these Terms (including their breach, termination, or interpretation), the App, Site, Services, or advertising of any of the preceding, (“Dispute”) that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the Dispute arose. The term “Dispute” specifically does not include any claims between you and your Sponsor (as defined below); claims between you and your Sponsor may be governed by a different agreement to resolve disputes.

Part One: Terms Governing Use of the App, the Site and Services

You have downloaded the App and registered with ProtectWell for your personal use of the App or your use with one or more Sponsors or Projects (as defined below under “Sponsors” and “Projects”), which you may elect to “join” using the functionality of the App. If you previously downloaded the App and registered with ProtectWell for your use with one particular Sponsor (whether your employer or school), you may continue to use the Services with your previously associated Sponsor; you may also choose to add or substitute other Sponsors or Project from time to time, or you may choose not to use the App in connection with a Sponsor or Project and instead utilize the App for your personal use only.

Sponsors

You may elect to be associated with your employer, educational institution, or other specified sponsor (a “Sponsor”) in the App or Site if such potential Sponsor is a ProtectWell participating Sponsor. A ProtectWell participating Sponsor is any U.S. business that has a current subscription agreement in place with us for the Services and has provided you with a registration number that you can enter in the App or the Site to add such ProtectWell participating Sponsor as a Sponsor to your account. If you previously downloaded the App and registered with ProtectWell for your use with one particular Sponsor (whether your employer or school), your association with your original Sponsor will remain until you (or your Sponsor) disassociate yourself from such Sponsor in the App or on the Site.

When you choose to associate yourself with a Sponsor in the App or on the Site you may be required to enter certain information applicable to such Sponsor (“Sponsor Registration Information”) such as:

  • your work or school email address associated with such Sponsor;
  • your worksite or campus location; and
  • your employee or student ID (which identifies you to your Sponsor and which your Sponsor may have provided to you to enter into ProtectWell when associating with the Sponsor).

As further described below under Purpose of Use of App and Services, Sponsor Registration Information is some of the information we will share with the applicable Sponsor. Unlike other information we collect from you, Sponsor Registration Information may be updated and edited by the applicable Sponsor, including for example to update work or school email addresses or worksite or campus locations.

Unless prohibited by your Sponsor who is your employer, you may elect to disassociate yourself with any Sponsor at any time, meaning that they will cease to be your Sponsor and we will cease to provide them any information collected from you after such disassociation (including any Symptom Checker Responses or Vaccine Data collected after dissociation) that we provide to Sponsors.  However, if you have been instructed to use this Service by your Sponsor who is your employer or school, then prior to ceasing to use, you should consult your employer or school and/or employment counsel as to any employment or educational consequences that may arise from your having disassociated yourself from your Sponsor. Your Sponsor may also elect to disassociate itself with you under the Services at any time, in which case we will cease sharing information with such former Sponsor that we would otherwise share with them as a Sponsor as described above and in the Privacy Policy.

Projects

You may elect from time to time in the App or on the Site to participate in one or more research studies or other projects offered via the ProtectWell platform (each a “Project”). If you elect to participate in such a Project, you will be presented with any applicable supplemental terms and conditions and supplemental privacy policy that will apply with respect to such Project and your involvement with such Project (the “Supplemental Terms”). Except to the extent expressly overridden in such Supplemental Terms, these Terms and the Privacy Policy shall continue to apply.

Purpose of Use of App and Services

You may use the App and Services to (the “Purpose”):

  • Self-attest whether you have any of the COVID-19 symptoms tracked by the Services (“Symptom Checker Responses”);
  • Upload your vaccination information, including but not limited to a photograph of your vaccination card, provider information, vaccination date(s), vaccination type and dosage, and any other information related to your receipt of a vaccination (individually and collectively, “Vaccine Data”);
  • Elect in the App or Site to be associated with an employer, educational institution, or other specified sponsor (a “Sponsor”), in which case you affirmatively agree that:
    • We may share with your Sponsor the information described in the Privacy Policy, including:
      • Your name;
      • Your email address;
      • Sponsor Registration Information (but only with the Sponsor to whom such Sponsor Registration Information pertains);
      • Vaccine Data;
      • ongoing Symptom Checker Responses, which may include whether you have reported testing positive or negative for COVID-19, and Symptom Checker Response status information such as (but not limited to):
        • when you made such COVID-19 symptom self-attestations (or whether you have not);
        • self-reported initial date of symptoms and/or last date of exposure; and
        • whether you resubmitted symptoms from a previous Symptom Checker Response
      • whether you are “cleared” by ProtectWell for purposes of returning to work based solely on your Symptom Checker Responses and any Test Results (determined in part based on Center for Disease Control guidelines); and
      • if you are in a self-quarantine period at home under the ProtectWell protocols, then the remaining number of days in such quarantine period.
    • Where your Sponsor has subscribed for integrated COVID-19 testing and reporting services, you may be offered a COVID-19 test from a third-party lab (a “Lab”) in response to your Symptom Checker Responses and/or your Sponsor’s policies. In such case, the Services will prompt and help you order or schedule a COVID-19 test with a participating COVID-19 test laboratory, at no charge to you. The results from such test (the “Test Results”) will be reported back to us from the Lab and we will share those Test Results with you through the App and with your Sponsor.
  • When and if made available in the Service, and solely in your discretion, we may enable you to show to:
    • Visually show the “ProtectWell Cleared” screen on your App to a participating ProtectWell business or person who requests evidence of your Symptom Checker Response status (a “ProtectWell Participating Business”) and/or otherwise electronically transfer your current Symptom Checker Responses and related information, including, if any, recent Lab Test results to such ProtectWell Participating Business.
    • Visually show your Vaccine Data on your App to a ProtectWell Participating Business that requests evidence of your vaccine status and/or otherwise electronically transfer your Vaccine Data to such ProtectWell Participating Business.
  • If you join a Project, then in addition to the uses and purposes described in this Agreement and the Privacy Policy, to also share information and enable its use as described in and in accordance with the separate Project Supplemental Terms you agreed to when registering for such Project.

Emergencies

The Services do not comprise an emergency-response or emergency-monitoring service and any person who is aware of an emergency situation or believes that a person may be at risk of injury or death or who may harm themselves or another person should dial “911” or an appropriate emergency responder. Company is under no obligation to monitor or respond to communications made to the App or the Site.

Age Limitations

The App, Site and the Services are intended and only suitable for individuals 13 years of age and older, except where the Sponsor is a K-12 school and we have obtained the consent of such school or school district or, as applicable, parent (a “K-12 Sponsor”). Except in the context of a K-12 Sponsor, we do not authorize individuals who are under the age of 13 to use the Site or Services, nor do we direct the Site or Services to those under 13 years of age. Company hereby disclaims all liability for use by individuals under the age of 13.

Term and Termination of Use

As between you and ProtectWell, your use of the App and Services is voluntary, and you may cease using at any time. However, if you have been instructed to use this Service by your Sponsor who is you employer, then prior to ceasing to use you should consult your employer and/or employment counsel as to any employment consequences that may arise from your having disassociated yourself from your Sponsor.

We may terminate or suspend your access to the App and these Services at any time, including due to your breach of these Terms, any security concerns, or our termination of this service.

Medical Disclaimers

The App, Site, and Services are intended only as an information tool to assist users of the App (“Users”) in efficiently informing Sponsors and ProtectWell Participating Businesses (a) whether, to the User’s knowledge, the User is experiencing any of the tracked COVID-19 symptoms and related information, communicated in the form of identifying the User as either being “ProtectWell Cleared” or not, and/or (b) whether the User has received a COVID-19 vaccination, communicated in the form of the User’s Vaccine Data. Although this information may be useful to support Sponsors’ and ProtectWell Participating Businesses’ decision-making regarding management of workplace, business, or campus safety, neither “ProtectWell Cleared” nor a User’s Vaccine Data is a determination that the User does not have COVID-19 or is not contagious.

The App, Site, and Services do not diagnose COVID-19 or any other illness or provide any therapeutic or other services. The Company does not provide any therapeutic services to Users. The App, Site, and Services are not designed or intended to replace care from a healthcare provider. Users should receive care from their own health care providers and should contact their own health care provider(s) with questions regarding diagnosis, treatment, or medication. To the extent that any health care services are offered or referred to Users of the App, Site, or Services, those health care services are provided by the applicable health care provider and not by the Company. You agree to release the Company from any and all claims, demands, damages and liabilities, of any type and nature, arising out of or in any way connected with the provision of health care services by any provider.

Your Privacy

Any information you provide or is collected by Company through the App, Site, or Services shall be handled in accordance with Company’s Online Privacy Policy, which is hereby incorporated by reference.

Upon acceptance of these Terms, you confirm that you have read, understood, and accepted Company’s Online Privacy Policy. The App, Site, and Services may include a COVID-19 symptom checker and features facilitating COVID-19 testing and reporting of test results to you and your Sponsor through the App, Site, or Services. The App, Site, and Services also include a feature that permits you to upload COVID-19 vaccination information, including but not limited to a photograph of your vaccination card, provider information, vaccination date(s), vaccination type and dose, and any other information related to your receipt of a COVID-19 vaccination.

Upon acceptance of these Terms, you agree that if you elect to associate your ProtectWell account with a Sponsor, you permit us to share your symptom checker responses, COVID-19 testing status and results, and your Vaccine Data with your Sponsor so that we may support your Sponsor’s decision-making regarding your ready-to-work or return-to-school status, or general site safety. We are not responsible for the decisions you and your Sponsor make, and we hereby disclaim and any all liability resulting from such decisions.

Security

Any information you provide or is collected by Company through the App, Site, or Services shall be handled in accordance with Company’s Online Privacy Policy, which is hereby incorporated by reference. We have implemented technical and organizational measures designed to secure your personal information submitted through the App, Site, or Services from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

Registration

Registration is not required to view certain content on the Site. However, to use App, the Services, and some parts of the Site, you will be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of the Site, App, or Services, you accept responsibility for all activities that occur under your registration account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the App, Site, or Services using your Credentials without your authorization, e-mail us immediately at protectwellsupport@uhg.com.

Copyright Notice

The App, Site, and Services are owned and operated by Company. The entire contents and design of the App, Site, and Services are protected by U.S. and international copyright law. All rights regarding the App, Site, and Services and materials contained on or in the App, Site, and Services are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of the App, Site, and Services.

Trademark Notice

Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing in the App, Site, and Services are the property of their respective owners.

Part Two: Additional Legal Terms

Representation and Warranties

You represent and warrant to us that: (a) you are at least thirteen (13) years of age and using the App, Site, and Services solely while in the United States of America; (b) you shall use the App, Site, and Services as intended by these Terms and shall not submit inappropriate, unresponsive, or irrelevant content—as determined in our sole discretion—through the App, Site, and Services; (c) the information you submit through the App, Site, and Services, including your personally identifiable information, your Symptom Checker Responses, and your Vaccine Data shall be truthful, accurate, and in no case shall be knowingly false; and (d) your use of the App, Site, and Services will otherwise be in compliance with these Terms.

No Warranties

Use of the App, the Site and the Services is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SITE AND SERVICES ARE PROVIDED “AS IS”, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

No advice or information obtained by you from Company or through the App, Site, or Services shall create any warranty not expressly stated in these Terms.

Without limiting the foregoing, Company, its processors, its licensors, its vendors, its business partners, and its affiliates, and any and all health care providers and/or testing labs (and their respective subsidiaries, affiliates, agents, directors, and employees) do not warrant that:

  1. the content on the App, Site, or Services is accurate, reliable or correct;
  2. the App, Site, or Services will meet your requirements;
  3. the App, Site, or Services will be secure, uninterrupted, or available at any particular time or location;
  4. any defects or errors will be corrected; or
    the App, Site, or Services are free of viruses or other harmful components.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, Site, or Services, any hyperlinked website or service contained on the App, Site, or Service, or featured in any banner or other advertising through the App, Site, or Services, and Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Limitation of Liability and Damages

Your sole remedy for dissatisfaction with one or more of the App, Site, or Services is to stop using the App, Site, and Services. You agree that under no circumstance shall any of Company or any affiliated company entity, their officers, directors, employees, contractors, agents, and representatives, and any and all of the company’s licensors, vendors, business partners, and affiliates, and any and all providers and/or testing labs (and their respective subsidiaries, affiliates, agents, officers directors, and employees) (collectively, “Company Parties”) be liable for any damage resulting from your use or inability to use the App, Site, or Services, or for you and your Sponsor’s decisions based on use of the App, Site, or Services, including without limitation, decisions regarding whether or not you should report to work/school, continue to work/remain on campus, or cease working/being on campus. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.

Disputes

If a Dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact protectwellsupport@uhg.com with any Dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive Dispute resolution process requiring individual arbitration.

Binding Individual Arbitration
You and Company agree to arbitrate all Disputes, which are limited to any claims between you and Company that relate in any way to these Terms (including its breach, termination, or interpretation), the App, Site, Services, or advertising of any of the preceding. This agreement to arbitrate specifically does not apply to any claims between you and your Sponsor; your relationship between you and your Sponsor may be governed by a different agreement to resolve disputes.

Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Any arbitration under this Agreement will be only be on an individual basis; class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted, and you are waiving your rights to have your case decided by a jury and to participate in a class action against Company.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies.

If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in Hennepin County, Minnesota, or another mutually agreeable location, or a location ordered by the arbitrator.

The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.

For purposes of this arbitration provision, references to you and Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns.

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in Hennepin County, MN, or federal court for the District of Minnesota.

Jurisdiction

Information provided on the App, Site, or Services is not targeted to Users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction.

The App, Site, and Services are provided by Company and do not constitute any contact with any jurisdiction outside the State of Minnesota. Use of the App, Site, or Services is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the App, Site, and/or Services illegal. Users in such jurisdictions visit and use the App, Site, and Services entirely at their own risk.

Choice of Law

This Agreement is entered into and performed in the State of Minnesota, United States of America. It is governed by and shall be construed under the laws of Minnesota, exclusive of any choice of law or conflict of law provisions.

Requests for Information

If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You acknowledge and agree that we may use and share information that you provide to us as described in our Online Privacy Policy, which is incorporated by reference herein.

Limitation on Time to Initiate a Dispute

Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

Links to Other Websites

The App, Site, and Services may contain links to third-party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Company. You agree that you access any such website at your own risk, and that such third-party website is not governed by the terms and conditions contained in these Terms. Company expressly disclaims any liability for these third-party websites. Please remember that when you use a link to go from our App, Site, or Services to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our App, Site, or Services is subject to that website’s own rules and policies.

Protection of Your Mobile Device or Computer

You are responsible for implementing sufficient computer virus and security protective procedures and checks on your mobile device or computer, and for maintaining a data back-up or other means for the reconstruction of any lost data on your mobile device or computer.

Notice for California Users

If you have a question or complaint regarding the Services provided to you by Company please contact us at protectwellsupport@uhg.com to receive further information regarding the Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

California Residents: To learn more about our privacy practices under the California Consumer Protection Act of 2018 (CCPA), see our CCPA Notice.

Other Provisions

Except as expressly provided in these Terms, these Terms are a complete statement of the agreement between you and Company, and they describe the entire liability of Company and its vendors and suppliers and your exclusive remedy with respect to your access and use of the App, Site, or Services. In the event of a conflict between these Terms and any other Company agreement or policy, these Terms shall prevail on the subject matter of this Agreement. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Company may have under trade secret, copyright, patent, or other laws. Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Assignment

You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.

Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

Waiver

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notices

You agree that we may provide any and all notices to you in accordance with Company’s Online Privacy Policy, which is hereby incorporated by reference.

Severability

If any of the provisions of this Agreement are held unenforceable by an arbitrator, court, or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

Entire Agreement; Amendment

This Agreement and Company’s Online Privacy Policy, which is hereby incorporated by reference, constitutes the entire agreement between you and Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

Conflicting Terms

Anything in the App, Site, or Services that is inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.

Contact Information

Please contact us with any questions or concerns regarding this Agreement at:

UnitedHealth Group
Attn: General Counsel, Optum Labs
5995 Opus Parkway, Suite 200
Minnetonka, MN 55343
Email: protectwellsupport@uhg.com

Last updated on February 8, 2021.