Legal Agreements & Policies

Terms of Service

Website User Agreement

Welcome! Cappa Health's goal is to offer you a great experience. We accomplish that goal by providing a multitude of web-based services geared to deliver personalized instruction.

You may use the website, services, content, technologies and applications of https://dev1.cappahealth.com, and any subdomains or related domains (collectively, the “Website”) only on the condition that you abide by the following terms.

By using the Website, engaging our services, sending us submissions, and/or registering to open an account with us, you are acknowledging and agreeing to each and every one of the terms and conditions in this agreement (the “Site Terms”), and all other agreements that are (or will be) located at https://dev1.cappahealth.com/termsofservice (collectively, the “Agreement”).

The Website is a service made available by Cappa Health and its affiliates (“Cappa Health,” “Cappa Health DPP,” “Cappa Health 360,” “we” or “us”). The Site Terms govern your use of the Website, and have the same force and effect as does a written agreement with original signatures from all parties. If you do not agree to these Site Terms, do not use the Website.

We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Cappa Health before the changes take effect. Your continued use of Cappa Health after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the most current version of the Site Terms.

Account Registration

Registration is not required to visit the Website. However, if you desire to complete a transaction with us or engage our Services, you must create an account. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information.

Each registration is for a single person only. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Cappa Health immediately by emailing dev@cappahealth.com.

Content & Materials

The Website contains information, content, advertisements, text, photographs, designs, graphics, images, sound, and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Cappa Health or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners.

Permitted Use

Cappa Health provides the Website and the Materials for your individual, non-commercial use, solely for the purpose of carrying out individual transactions through the Website. Any other use of the Website or the Materials is strictly prohibited. You may not use the Website or Materials for any illegal purpose, or to transmit any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party.

Account Responsibility

By electronically signing up in any form to Cappa Health, you agree to adhere to Cappa Health's Terms of Service. You may need to set up an account in order to use some of the features of our Services. You may not use someone else's account without permission. When you are setting up your account, you must give us accurate and complete information.

You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission.

Educational Information Only

The information provided by a Cappa Health Registered Dietitian in response to your Submission is strictly for educational purposes only. The information is not intended to be a substitute or supplement to professional medical advice. Please consult a physician before using Cappa Health's Services. You should always consult your healthcare provider to determine the appropriateness of the information for your own dietary needs or if you have any questions regarding a medical condition or treatment plan. This site is not designed to, and does not provide, medical advice, professional diagnosis, opinion, treatment, or services.

Disclaimers & Warranties

The Website and Materials are provided by Cappa Health on an “AS IS” basis and is available without any warranty or representation of any kind, whether express, implied, statutory, or otherwise. Cappa Health expressly disclaims any and all warranties, express or implied, including, without limitation, warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, and the implied conditions of satisfactory quality and acceptance.

In no event shall Cappa Health, its directors, officers, employees, affiliates, agents, or contractors be liable for any compensatory, direct, indirect, incidental, consequential, or punitive damages, or loss of data, income or profit, loss of or damage to property, or any claims of you or other third parties whatsoever with respect to the Website or the Materials regardless of the legal theory on which the claim is based.

Indemnification

You agree to release, indemnify, defend, and hold harmless Cappa Health, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors, and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any representation or obligation under these Agreements.

Electronic Communications

You agree to transact business with us electronically. You authorize us to send you important notices by electronic means, including notices about the Website and any transactions. Such electronic means can include sending messages to the email address you provide, or posting a notice on the Website. It is your duty to keep your email address up to date, to maintain a valid email address, and to ensure that emails we send you are not filtered or stopped by spam filters.

Governing Law

This Agreement, the other agreements located at https://dev1.cappahealth.com/termsofservice, and these Site Terms are governed by and construed in accordance with Arizona law and to the extent applicable, the laws of the United States. Any action at law or in equity arising out of or relating to this Agreement will be filed only in state or federal court located in Phoenix, Arizona.

Termination

This Agreement is effective unless and until terminated by either you or Cappa Health. You may terminate this Agreement at any time. Cappa Health may terminate this Agreement at any time without notice and deny you access to the Website if, in its sole discretion, you fail to comply with any term or provision of this agreement. Upon any termination, you must promptly destroy all materials downloaded or otherwise obtained from this Website.

Community Guidelines & Content Policy

User Content

Parts of the Platform allow you to submit content — for example, dietary information, photos, and other materials you submit to a Registered Dietitian (your “Submissions”), messages you exchange with your coach or care team, and any other text, images, or materials you provide through the Platform (collectively, “User Content”).

Zero Tolerance

Cappa Health has zero tolerance for objectionable content and for abusive users. Objectionable content includes, without limitation, content that is illegal, harmful, threatening, harassing, defamatory, obscene, hateful, pornographic, discriminatory, or that violates another person’s rights or these Terms. Posting objectionable content, or engaging in abusive behavior toward any user, coach, dietitian, or staff member, is grounds for immediate removal of the content and termination of your account.

Content Moderation and Filtering

Community posts and comments are automatically screened for objectionable language before they are published, and our team reviews content that is reported. We may remove, refuse, or restrict any User Content at any time, at our sole discretion, with or without notice.

Reporting Objectionable Content

You can report any community post or comment in the mobile app by using the “Report” control displayed with it. To report any other User Content, email us at dev@cappahealth.com. Reports are delivered to Cappa Health immediately.

Blocking Abusive Users

You may block any community member whose content or behavior is abusive by using the “Block” control on their posts and comments in the mobile app. Blocking a member immediately hides all of their community posts and comments from your view and notifies Cappa Health so we can review their conduct. You can see and undo your blocks at any time under Settings → Blocked Users.

Action Within 24 Hours

Cappa Health reviews every report of objectionable content or abusive behavior and acts on it within 24 hours. If we determine that content violates these Terms, we will remove the content and eject the user who provided it by terminating their account.

Contact

Questions about this policy, and reports of objectionable content or abusive behavior, may be sent to dev@cappahealth.com.

Privacy Policy

Please read the following to learn more about our privacy policy, the types of personal information we gather, and the measures we take to safeguard your privacy when you use the Website, applications, and services we provide (the “Services”).

https://dev1.cappahealth.com, and any subdomains or related domains (collectively, the “Website”) is provided by Cappa Health and its affiliates (“Cappa Health,” “we,” or “us”). This policy covers how we protect personal information collected and used on or through the Services and other related websites where this policy is posted. The Website may contain links to other sites. Once you enter another website, be aware that Cappa Health is not responsible for the privacy practices of other sites.

Information We Collect

When you use the Services, you provide information to us. Cappa Health collects two types of information: (1) information that you provide that lets us know who you are (“Personally Identifiable Information”) and (2) information that does not by itself identify a specific individual (“Non-personally Identifiable Information”).

You can browse the Services' Websites without informing Cappa Health who you are or revealing any personal information about yourself. However, when you transact with us or register to open an account with Cappa Health, we ask for personal information such as your name, email address, and zip code, which we collect and use as disclosed below in this Privacy Policy.

We may also collect additional information about you when you engage in certain activities facilitated by our Services, such as: when you enter promotions or sweepstakes; when you sign up for special offers; when you visit the Services' Web pages or the pages of certain Cappa Health partners; when you interact with offers and advertisements; when you contact us for help or customer support; when you access the Services with your account; when you complete a survey; or when you post content or provide us with feedback.

How We Use Your Information

We will use Personally Identifiable Information primarily for the following purposes: to provide you with the Services; to customize the advertising and content you see; fulfill any transactions, including your requests for products and services; improve our Services and offerings to you; conduct research; provide you with support, technical or otherwise; provide you with updates and notices about the Services, our Privacy Policy, and terms and conditions; provide you with promotional offers from our affiliates and from third parties that may be of interest to you; and provide anonymous reporting for internal and external clients.

We will use Non-personally Identifiable Information to diagnose problems with our servers and software, to administer the Services, and to gather demographic information. Our third-party advertising networks and servers will also supply reports that will inform us how many ads were presented and clicked upon on https://dev1.cappahealth.com in a manner that does not identify personally any individual.

Cookies & Pixel Tags

Cappa Health may set and access cookies on your computer. Upon your first visit to the Website, a cookie is sent to your computer that uniquely identifies your browser. A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your hard drive when you visit a website. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services.

We may also use “pixel tags,” which are small graphic files that allow us to monitor the use of the Services. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.

Sharing Your Information

Cappa Health does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We provide the information to trusted partners who work on behalf of or with Cappa Health under confidentiality agreements. These trusted partners may use your personal information to provide services to you on our behalf, evaluate the effectiveness of the services, and to help Cappa Health communicate with you about offers.
We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Cappa Health's terms of use, or as otherwise required by law.
We may transfer information about you if Cappa Health is acquired by or merged with another company. In this event, Cappa Health will post a notice on its website before information about you is transferred and becomes subject to a different privacy policy.

Data Security

We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure.

However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Your Account & Preferences

Registered users can edit their Cappa Health account information, including contact preferences, at any time from their “My Account” account management page which you can find at https://dev1.cappahealth.com/profile. We may, from time to time, send you e-mail regarding our products and services and third party products and services that may be of interest to you. You will have the opportunity to opt out of any further mailings at any time.

You can delete your Cappa Health registered account by requesting an account deletion via email to dev@cappahealth.com. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.

Children's Privacy

Cappa Health is intended for general audiences. Cappa Health does not collect or maintain information from those that Cappa Health knows are under 13, and no part of the Cappa Health Services are targeted to attract anyone under 13.

California Privacy Rights

If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: the categories of information we disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is dev@cappahealth.com.

Changes to This Policy

We may amend this Privacy Policy at any time by posting the amended terms on the Website. All amended terms automatically take effect immediately upon being posted. In addition, we will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Cappa Health account or by placing a prominent notice on our site. If you do not agree to the changes, you may terminate your account by requesting an account deletion via email to dev@cappahealth.com.

HIPAA Notice of Privacy Practices

This notice describes how medical information about you may be used and disclosed by Cappa Health and how you can get access to this information. Please review it carefully.

Cappa Health is committed to protecting the privacy of your health information. This Notice of Privacy Practices describes how we may use and disclose your protected health information (PHI) to carry out treatment, payment, and health care operations, and for other purposes permitted or required by law. It also describes your rights to access and control your health information.

Our Responsibilities

We are required by law to maintain the privacy and security of your protected health information. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We must follow the duties and privacy practices described in this notice and give you a copy of it.

We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.

How We May Use Your Information

For Treatment: We may use your health information to provide, coordinate, or manage your health care and related services. This may include sharing information with health coaches, registered dietitians, or other care team members involved in your care.
For Payment: We may use and disclose your health information so that the treatment and services you receive may be billed to and payment collected from you, an insurance company, or a third party.
For Health Care Operations: We may use and disclose your health information for health care operations purposes, such as quality assessment and improvement activities, training programs, and administrative and management activities.
Appointment Reminders & Health-Related Communications: We may use your information to send you reminders, notifications, and other communications about your participation in Cappa Health programs.

When We May Disclose Your Information

As required by law: We will disclose information when we are required to do so by federal, state, or local law.
Public health risks: We may disclose information for public health activities, such as reporting disease outbreaks or adverse events.
Health oversight activities: We may disclose information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections.
Lawsuits and disputes: We may disclose information in response to a court or administrative order, or in response to a subpoena, discovery request, or other lawful process.
Law enforcement: We may disclose information to law enforcement officials for law enforcement purposes, subject to certain conditions.
To avert a serious threat to health or safety: We may use and disclose information when necessary to prevent or lessen a serious and imminent threat to your health and safety or the health and safety of the public or another person.
Workers' compensation: We may disclose information as authorized by and to the extent necessary to comply with laws relating to workers' compensation or similar programs.

Your Rights

You have the following rights regarding your health information:

Right to inspect and copy: You may request to review and obtain a copy of your health information.
Right to amend: You may request that we amend your health information if you believe it is inaccurate or incomplete.
Right to an accounting of disclosures: You may request a list of certain disclosures we have made of your health information.
Right to request restrictions: You may request that we limit the use or disclosure of your health information for treatment, payment, or health care operations.
Right to request confidential communications: You may request that we communicate with you about your health information in a certain way or at a certain location.
Right to a paper copy of this notice: You may request a paper copy of this notice at any time, even if you have previously agreed to receive it electronically.

Changes to This Notice

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on our website. The notice will contain the effective date.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services. To file a complaint with us, contact us at dev@cappahealth.com. You will not be penalized or retaliated against for filing a complaint.

Contact Information

If you have any questions about this notice or our privacy practices, please contact us at:

Cappa Health, Inc.
7575 E Pinnacle Peak Rd. #150
Scottsdale, AZ 85255
Email: dev@cappahealth.com