Our Terms of Service & Your Privacy
Welcome to Backpack Health!
You have to be at least 13 years old to have an account
Parents or guardians can still upload and manage their dependents’ information, and it will be there for them when they’re old enough to use Backpack Health themselves.
We’ll keep your stuff safe – you should too
We don’t cut any corners with security, but digital services are never 100% safe. You can do your part by turning on Two-factor Authentication and securing your devices.
You must use Backpack Health responsibly
Please obey the law, be responsible for your own equipment and content, and don’t upload anything offensive to Backpack Health.
We won’t share or sell your personal information
We won’t reveal your identity or share your personal information (including your email) with anyone without your permission.
We will use data anonymously to improve Backpack Health
We’ll collect bits of information along the way to improve our services (like cookies, usage data, etc.), but those will not be connected to any of your personal information.
We may use data anonymously for research and marketing
We may share or sell de-identified data for the purposes of research or marketing, but we go through a rigorous process of making sure that nobody can connect that data to you.
Let us know if you have questions at [email protected]. We’re always here to help.
Terms of Service
These Terms of Service (“Terms”) govern your use of the Backpack Health product/service (“Backpack Health”) offered by Backpack Health, LLC (“The Company”), including the websites and digital applications that are associated with Backpack Health.
You must accept these Terms to create an account and use Backpack Health. You accept these Terms by using any part of the Backpack Health. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE ANY PART OF BACKPACK HEALTH.
Who May Use Backpack Health?
You may use Backpack Health if you are 13 years of age or older, are not barred from receiving services under applicable law, and have established a Backpack Health account. You may connect to Backpack Health using The Company’s digital applications, software developed by The Company, approved third-party applications, or via our website (“Approved Connections”). You may not connect to Backpack Health through any unauthorized application or third party connection, or by other means which are not Approved Connections. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access Backpack Health.
As a condition for your use of Backpack Health, you represent and warrant that (1) you possess legal authority to enter into these Terms and to perform obligations hereunder; (2) these Terms do not and will not violate any other agreement to which you are bound or subject; (3) you will safeguard your account information and will supervise and be responsible for any use of your account by anyone other than you; (4) you will not infringe any right of any third party or harm any Backpack Health user; (5) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (6) you are not listed on any U.S. government list of prohibited or restricted parties.
Creating an Account
You may create an account by providing us with a valid email address and password and signing up for a subscription to Backpack Health.
You are responsible for all activity that occurs in association with your account. The Company is not responsible for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that we may contact you regarding your Backpack Health account.
You may change your subscription options (including method of payment) or cancel your subscription at any time. If you change or cancel your subscription, the changes or cancellation will be effective as of the start of the next billing cycle. If you’ve cancelled your subscription, you may reactivate it at any time within one year after the date of cancellation provided you have not deleted your account.
If processing of payment for your subscription fails, you will be notified and will be given an opportunity to update your payment information. The Company will attempt to process payment three times at least three days apart, and you will be notified at the email you provided for your account after each failed attempt. If three successive attempts at processing your payment fail, your account will be cancelled after the third failed attempt. If your account is cancelled, you may reactivate it within one year after the date of cancellation by providing valid payment information. You may review additional details about managing your subscription by accessing your Backpack Health account.
The Company uses third party vendors to manage and process payments for subscriptions. If you sign up on the web, we use a service called Stripe. If you sign up on Apple’s iOS platform, we use Apple’s iTunes subscription service. If you sign up on Google’s Android platform, we use Google’s Play subscription service. By paying for a Backpack Health subscription through any of its third party payment processing services, you agree to the applicable terms and conditions of the respective vendor. Stripe’s terms and conditions are available at https://stripe.com/us/checkout/legal. Apple’s terms and conditions are available at https://www.apple.com/legal/internet-services/itunes/us/terms.html. Google’s terms and conditions are available at https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=en.
Your use of Backpack Health is dependent upon your use of a computer with adequate software or a mobile device and internet access. The maintenance and security of this equipment may influence the performance of, and your access to, Backpack Health, and it is your responsibility to ensure the equipment’s functionality and security.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use of Your Content on Backpack Health will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. You are liable for any harm caused by content that you upload and share with Backpack Health (for example, viruses).
Backpack Health General Guidelines
Backpack Health is intended for your personal, non-commercial use.
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Backpack Health consistent with these Terms. Additionally, with respect to Backpack Health’s digital applications that you access through the app store developed and maintained by Apple Inc. (“Apple App Store”), you are granted a non-transferable license to use such digital applications on any iPhone, iPad or iPod touch that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. For Backpack Health’s applications that you access through the app store developed and maintained by Google Inc. (“Google Play”), you are granted a non-transferable license to use such applications as permitted by Google’s terms of service, available here: https://www.google.com/intl/en/policies/terms/, and the Google Play terms of service, available here: https://play.google.com/intl/en-us_us/about/play-terms.html.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any text, graphics, images, music, software, audio, video, works of authorship of any kind, or information or other materials that are posted, generated, provided or otherwise made available through Backpack Health to you, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Backpack Health.
You additionally agree that you will not: (1) use, display, mirror or frame Backpack Health or any element within Backpack Health, Backpack Health’s name, any of The Company’s trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without The Company’s express written consent; (2) access or tamper with non-public areas of Backpack Health; (3) test the vulnerability of any of The Company’s systems or breach any security or authentication measures; (4) circumvent any technological measure implemented by The Company or any of The Company’s providers or any other third party (including another user) to protect Backpack Health; (5) access Backpack Health through the use of any mechanism other than through the use of an Approved Connection; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that The Company provides to you.
You also agree that Your Content will comply with the following community guidelines:
- Your Content will not include any defamatory, profane, explicit, obscene, pornographic, vulgar or offensive content;
- Your Content will not include any photos that might be considered inappropriate;
- Your Content will not include any communications that could be interpreted as threatening or harassing to any person or entity;
- You will not post, advertise, or promote products or services commercially;
- You will not post content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Your Content will not include any content that is fraudulent, false, misleading or deceptive; and
- Your Content will not promote illegal or harmful activities or substances.
Our Enforcement Rights
We are not obligated to monitor access to, or use of, Backpack Health or Your Content or to review or edit any of Your Content, but we have the right to do so for the purpose of operating Backpack Health, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable your access to Backpack Health or Your Content at any time and without notice, and at our sole discretion, if we determine that Backpack Health, Your Content, or your use of Backpack Health is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects Backpack Health.
BACKPACK HEALTH IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Backpack Health will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of Backpack Health. We additionally make no warranty of any kind regarding the digital applications through which you may access Backpack Health, including but not limited to the Apple App Store and Google Play, third party payment processing services you may utilize to pay for a subscription to Backpack Health, including but not limited to Stripe, or any other third party service or product that you use in association with Backpack Health. You acknowledge and agree that if you rely on Backpack Health in any respect, you do so solely at your own risk.
Backpack Health is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor. We are not responsible for any health problems that may result from products or information you learn about through Backpack Health. If you engage in any activity you learn about through Backpack Health, you agree that you do so at your own risk and are voluntarily participating in these activities.
The Company respects copyright law and expects its users to do the same. The Company reserves the right to terminate users’ accounts and access to Backpack Health by individuals who infringe the rights of copyright holders.
Feedback and Complaints
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by The Company, or obtained from sources other than you.
With respect to The Company’s digital applications that you use through the Apple App Store, you and The Company acknowledge that The Company, not Apple, is responsible for addressing any claims of you or a third party relating to such applications or your possession and/or use of such applications, including, but not limited to: (i) product liability claims; (ii) any claim that a digital application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Alerts and Notifications
As part of your use of Backpack Health, you may receive notifications, text messages, alerts, or emails from The Company. You agree to the receipt of these communications. You can control receipt of communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Third-Party Links on Backpack Health
Backpack Health may contain links to third-party websites, apps, services and resources (collectively “Third Party Resources”) that are not under The Company’s control. We are not responsible for the content, products or services that are available from Third Party Resources. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Resources.
Changes to Backpack Health
The Company may change or discontinue, temporarily or permanently, any feature or component of Backpack Health at any time without notice. The Company is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of Backpack Health. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.
If you violate these Terms, we reserve the right to deactivate or suspend your account or terminate your access to Backpack Health, or any component thereof, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time within the application. Upon any termination, discontinuation or cancellation of Backpack Health or your account, the following provisions of these Terms will survive: Your Content; Backpack Health General Guidelines; Our Enforcement Rights; Disclaimer; Termination; Indemnification; Limitation of Liability; and Miscellaneous Terms.
You will indemnify and hold harmless The Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of Backpack Health, (ii) Your Content, or (iii) your breach of any provisions included under these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability
NEITHER THE COMPANY, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING BACKPACK HEALTH WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BACKPACK HEALTH, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE BACKPACK HEALTH EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
These Terms May Change
These Terms are subject to change. If we make changes to the Terms, we will post the modified Terms on our website or notify you in some other manner. When you use Backpack Health after a modification is made to these Terms, you expressly agree to the modified Terms.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between The Company and you regarding Backpack Health, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Company and you regarding Backpack Health. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You and The Company acknowledge that these Terms are between you and The Company only, and though you may access The Company’s digital applications through the Apple App Store or Google Play, The Company, not Apple or Google, is solely responsible for those digital applications and the content thereof as specified in these Terms. Accordingly, you and The Company acknowledge that Apple or Google does not have any obligation to furnish any maintenance or support services with respect to such digital applications. Additionally, in the event of any third party claim that any such digital application or your possession or use thereof infringes that third party’s intellectual property rights, The Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
Any notices or other communications provided by The Company under these Terms, including those regarding modifications to these Terms, will be given via email communication, notification via app, or by posting to our website.
You may not assign your rights or obligations under these Terms, and any attempt by you to assign will be void. The Company may assign its rights and obligations under these Terms without restriction.
You and The Company acknowledge and agree that, with respect to provisions under these Terms relating to The Company’s digital applications used through the Apple App Store, Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The exercise by either party of any of its remedies under these Terms shall not prejudice or affect its other remedies under these Terms.
Please feel free to contact us if you have questions, comments or complaints about these Terms:
Backpack Health [email protected]
3 Bridge Street Dover, MA 02030
Data Backpack Health May Collect
YOUR BACKPACK HEALTH ACCOUNT
USING BACKPACK HEALTH
When you download or use Backpack Health, you may be asked to enter information about yourself and your health. We use this information to provide Backpack Health to you. You can also use Backpack Health to store files and notes, such as medical records, photos, videos and health data from third party applications and other sources.
VISITING OUR WEBSITES
The Company collects industry standard data from individuals who visit our websites, even if you don’t have a Backpack Health account. This includes information such as your browser type, the URL of the page that referred you to our website, the different actions you performed, and the IP address you used to access pages on our website. We use this type of information to prevent website misuse and to ensure our websites are working properly. We also collect data from cookies. (For further description of cookies, see the “Cookies and Other Usage Tracking Technologies” section below.)
CONTACTING THE COMPANY
The Company utilizes third party software to help provide customer support, and your personal contact information, along with the content of your support inquiries, are held in this software. We maintain this information within the customer support platform so that we can assist you and improve Backpack Health. If your inquiry relates to a payment issue, we may send it to our third party payment vendors. We do not otherwise disclose the information you provide to any third parties.
ACTIVATING LOCATION FEATURES
Backpack Health includes features that may require the collection of specific location data, including GPS signals and Wi-Fi access points. We store this information in your Backpack Health account. We only collect this type of data when you have activated location features for Backpack Health. You may deactivate a location feature at any time, and we stop collecting this type of data when you deactivate the feature.
The Company also collects less-specific location data from your internet IP address every time your account is accessed to help you keep your information secure and identify fraudulent activity.
Why The Company Collects Data
The Company uses your data to help you make the most of Backpack Health and to assist us in improving Backpack Health. For example, your contact information is used to send you notifications and to inform you about new features or products that we think may be of interest to you. You can opt out of receiving messages from us. (Please see the “Opting Out of Receiving Emails and Notifications from The Company” section below for information on how you can opt-out of future communications from us.) Data are used to understand and improve Backpack Health, to troubleshoot Backpack Health, to detect and protect against error, fraud or other criminal activity, and to enforce the Backpack Health Terms of Service.
De-identified data that does not identify you may be used for research, marketing and promotional use, or for sale to third parties. (See “De-identified Data” below for further explanation.)
What Kinds of Data The Company Shares
PERSONALLY IDENTIFIABLE INFORMATION
Personally identifiable information is data that includes a personal identifier like your name, email address, certain health data, and other data that could reasonably be used to identify you. We store your personally identifiable information for as long as you maintain a Backpack Health account, and we retain basic contact information if you deactivate your account. We will only share this data under the following circumstances:
- With companies that are contractually engaged in providing us with services, such as management of our website or Backpack Health. These companies will be obligated by contract to safeguard any personally identifiable information they receive from us.
- With anyone you choose to share your information with, including health care providers, as a part of Backpack Health, and with your express permission.
- If we believe that disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g., subpoena or court order), governmental request, to enforce the Terms of Service, and/or to protect the rights, property, or safety of The Company, its employees, Backpack Health users, or others, in all cases consistent with applicable law.
The Company may share or sell aggregated, de-identified data that does not identify you with third parties in a variety of ways, such as by providing reports about health conditions, diet, activity and health patterns. When we provide this information, we ensure that the data is properly de-identified so that it does not identify you.
Ways You May Share Information
PRIVACY SETTINGS AND SOCIAL TOOLS
You may choose to share certain data with other Backpack Health users. When you interact with other users in these ways, you will be displaying your data based upon the privacy settings you choose in your account settings. For example, you may choose to share health related information or comments with some users that you do not share with others. If you have questions about how to control your privacy settings, you may contact The Company at [email protected]
CONTACTING THE COMPANY
As noted above, when you contact The Company with questions or to ask for assistance, you share your name, email address and the information you provide in your communication to us. We maintain the privacy of your communication, and use it solely to respond to your request and to improve Backpack Health. Your name, email address, and information you provide are shared with our customer support service for the sole purpose of providing you assistance in using Backpack Health.
Backpack Health allows you to ‘invite’ others to see your information and/or become users of Backpack Health themselves. The names and email addresses of others that you provide to Backpack Health will not be sold or shared with other parties. Backpack Health will use that information only to fulfill your request for invitations.
How You May Modify or Remove Your Data
Data that you provide to The Company or to other Backpack Health users may be modified through your use of Backpack Health. If you choose to remove data from your Backpack Health account, it will no longer be accessible by you or other Backpack Health users. Personally identifying data that you remove from your account may be retained by The Company for a period of time as backup data, but such backup data will be securely destroyed on a routine basis.
Security of Your Data
The Company implements physical, technical and administrative security measures to maintain the security of your data and protect against unauthorized access. The Company provides security training to its employees that access personally identifiable data as part of their job function. The Company also ensures that third parties with whom it shares personally identifiable data agree to implement security measures similar to those used by The Company. Keep in mind, however, that no internet transmission is ever completely secure or error-free. The safety and security of your information also depends on you. Never share your password with anyone else, and notify us promptly if you believe your password security has been breached. Remember to logout of Backpack Health if you use it on a non-trusted device (for example, a public computer). We strongly urge you to employ the security features that we have made available in Backpack Health (for example, Two Factor Authentication on your account, and security measures on your trusted devices, such as device passwords and fingerprint authentication).
Cookies and Other Usage Tracking Technologies
The Company may collect information known as “behavioral metrics” that provide information on how users are navigating within and using Backpack Health. This allows The Company to improve its services.
We may collect non-personally identifiable information about your use of our websites through technology such as cookies and web beacons. A “cookie” is a unique numeric code that is transferred to your computer to track your interests and preferences and to recognize you as a return visitor. A “web beacon” is a transparent graphic image placed on a website that enables the monitoring of things such as user activity and site traffic. These technologies help track your preferences on a site and allow us to provide you with the features that are likely to be of greatest interest to you on the basis of your previous activities on our websites. Your browser software can be set to reject all cookies, but if you reject our cookies, certain features on our websites may not be available to you. The Company will not share data obtained from cookies with third parties for advertising purposes.
Do Not Track Signals
Although we would like to honor those browsers set with a “Do Not Track” signal, our websites do not currently respond to a such signals because an industry standard has not yet been established on how to respond to these signals.
Opting Out of Receiving Emails and Notifications from The Company
You can opt-out of receiving certain email communications and notifications from us by changing the notification preferences in your account settings or by unsubscribing via the “Unsubscribe” link in some Backpack Health emails. However, opting-out will not end your receipt of important service-related emails and notifications that we believe are necessary for your use of Backpack Health.
Children Under 13
Our Terms of Service require that you must be 13 years of age or older to use Backpack Health. As Backpack Health is not directed to persons under the age of 13, we do not knowingly collect any personally identifiable information from children under 13. If you are aware of any child under 13 sharing personally identifiable information through use of Backpack Health, please contact us at [email protected].
You can email us with any questions or comments at [email protected].