Independent Health Terms of Use for Alexa Skill

This Agreement is made between Independent Health Association, Inc. (together, with its affiliates and subsidiaries, “Independent Health” or “us” or “we”) and enrollees of health plans operated or administered by Independent Health (“you”) and governs your use of the Independent Health skill on Amazon’s Alexa service (“Alexa”) on any Alexa-enabled device (the “Skill”). The Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with the products and services provided by Independent Health to you, including the Policies and Disclaimers or the use of the Skill.

Before using the Skill, please read these Terms of USE, the Policies and Disclaimers, HIPAA Privacy Statement and the Mobile Privacy Security Statement (collectively, the “Agreement”).

Your use of the Skill is conditioned on your acceptance of this Agreement. If you don’t accept these terms, you may not use the Skill.

Registration and Requirements

To use the Skill, you must (i) be an enrollee of health plans operated or administered by Independent Health; (ii) create an account, and establish a username and password (your “Account”); (iii) be at least 18 years of age or older, (iv) have an Alexa-enabled device, an internet connection, and an Amazon.com account, and (v) have a smartphone or computer in order to complete the account linking process. You cannot use the Skill otherwise. In addition, when using the Skill, you may be required to provide an additional unique identifier, password, PIN or token (such user name, password and other identifiers, collectively, “Credentials”). You will adopt and maintain reasonable and appropriate security precautions for your Credentials to prevent their disclosure to or use by unauthorized persons. You agree that you will not share your Credentials with any other person, and assume all responsibilities for and all risks of loss from providing your Credentials to any third party, including any website that spoofs or otherwise imitates the Skill, or by linking to third party websites from unauthorized email, and you hereby release Independent Health from all liabilities and obligations in connection with such actions. To help safeguard your security, you should change your password frequently.

Pilot Program and Accuracy

The Skill is part of an early-release pilot program. While Independent Health and Amazon are constantly working to improve the voice recognition and command recognition ability of the Alexa service and the Skill, not all commands may be understood. In addition, information provided through the Skill may be obtained from third parties, such as phone numbers and addresses. There may be delays, omissions or inaccuracies in the information provided. The information is not to be construed as an endorsement or recommendation, but solely as a resource to you. You agree that Independent Health and Amazon are not responsible for any inaccuracies that result from the use of this Skill. If you are unsure about the accuracy of any information delivered by this Skill, please confirm using the Independent Health website or contact Member Services at (716) 505-8593.

Privacy and Security

The Skill allows you to use your Alexa-enabled device (e.g., Amazon Echo) to communicate with Independent Health, by voice, regarding your Account. To use the Skill, you will have to speak commands and questions aloud to Alexa and you will receive responses aloud. We may use the information we collect in connection with your use of the Skill to communicate with you, respond to your requests, complete transactions, update you about new features and benefits, and improve the Skill, our website and our apps. Any communication to Independent Health via Alexa will be treated by Independent Health as a communication authorized by you, and any communication from Independent Health via Alexa in response to a request received from your Alexa-enabled device will be treated by Independent Health as a communication to you. In other words, you are responsible for all of the interactions with Independent Health via the Skill. For example, it is possible that someone other than you could interact with Independent Health via the Skill, or that someone could overhear you interacting with Independent Health via the Skill and learn information about your Account. It is also possible that Alexa (and the equipment Alexa is installed on) and/or Amazon will record your interactions with the Skill or with Alexa. Consult your agreements with Amazon to learn more about how Amazon and your Alexa-enabled device treat those interactions.

Third-Party Security Settings

Once you enable the Skill on your Alexa-enabled device, you are authorizing Independent Health to provide information to the device based on the device’s security settings. For example, the settings on your device may allow the device to retrieve information about your Account based on only verbal requests from anyone who uses your device, or to save information about your Account for easier access. By enabling the Skill on your Alexa-enabled device, you are responsible for how the Skill is used (including any communication to or from Independent Health from your device).

Release of Your Information to Amazon

Your interactions with Independent Health via the Skill are subject to the Amazon Terms of Use and the Independent Health HIPAA Privacy Statement. By using the Skill, you acknowledge that Amazon maintains a separate Privacy Notice concerning its use of information that it receives or stores in connection with such use. The information communicated to and requested from Independent Health in connection with your use of the Skill may contain Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and regulations thereunder, each as amended) and will be transmitted to Amazon. By installing or using the Skill, you are authorizing Independent Health to perform the actions and/or share with Amazon the information communicated to Independent Health, or requested from Independent Health, including PHI.

Contacting You

We may seek your constructive feedback on the Skill, including problems you encounter, aspects that work well, and suggestions for improving it. You agree that Independent Health may email you from time to time about your experience with the Skill.

Changes or Amendments

We may change, suspend, or discontinue the Skill, or any part of it, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on our website. Your continued use of the Skill after the effective date of the revised Agreement constitutes acceptance of the terms.

Termination/Suspension

Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Skill. We may also suspend access to the Skill pending your cure of any breach of this Agreement, or in the event we determine in our sole discretion that your access to or use of the Skill may jeopardize the Skill or the confidentiality, privacy, security, integrity or availability of information within the Skill, or has jeopardized or may jeopardize the rights of any third party, or that any person is or may be making unauthorized use of the Skill with any Credentials assigned to an Account. Our election to suspend the use of the Skill shall not waive or affect our rights to terminate this Agreement.

Compliance with Law

You are solely responsible for ensuring that your use of the Skill complies with applicable law and regulations.

Disclaimer of Warranty and Limitation of Liability

ACCESS TO THE SKILL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, AND WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SERVICES OR THE INFORMATION IN THE SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SERVICES. Without limiting the Disclaimer of Warranties and Limitation of Liability terms SET FORTH ABOVE, and unless otherwise required by applicable law, in no event will INDEPENDENT HEALTH’S aggregate liability with respect to any claim arising from or relating to this Agreement or your use of THE SKILL exceed fifty dollars ($50.00).

Unavailability

The Skill may be unavailable when systems require maintenance or upgrades or major unforeseen events occur, such as earthquakes, fires, floods, computer failures, interruptions in telephone or other telecommunications service, electrical outages, civil unrest or riots, war, or acts or threaten acts of terrorism or other circumstances beyond our control. We shall have no liability for interruptions or delays in Services due to any such unavailability.

Governing Law; Jurisdiction; Venue

This Agreement shall be governed by the laws of the State of New York, notwithstanding conflict of law rules. You agree that all disputes arising out of or related to your use of the Skill shall be heard in the state or federal courts located in Erie County, New York, and you irrevocably and unconditionally submit to the exclusive jurisdiction and venue of such courts.

Severability

In the event any of the provisions of this Agreement shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.

Survival

Sections in this Agreement concerning use of information, compliance with law, disclaimer of warranty, governing law and jurisdiction shall survive the termination of this Agreement for any reason.

Electronic Records

Independent Health may adopt or accept authentication procedures and security procedures to: (a) verify the identity of a sender of agreements, disclosures, notices, records or data (“Electronic Records”) , (b) determine the Electronic Record has not been altered during electronic transmission or storage, and (c) authenticate the sender's Electronic Signature and attribute the Electronic Record to such sender, which authentication procedures may be logically associated with such Electronic Records. You may adopt as your signature an electronic identification consisting of symbol(s) or code(s) or by clicking on an "accept" or similar button, or providing a unique identifier, password, PIN or token ("Electronic Signatures"). To the extent permitted by applicable law, such Electronic Signature shall be sufficient to verify and authenticate your identity and to evidence your acceptance of and agreement to be bound by the terms and conditions of such Electronic Record.

Authorization to Disclose Protected Health Information

By registering to the use the Independent Health Alexa skill (the “Skill”), you authorize of Independent Health Association, Inc. (together with its affiliates and subsidiaries, “Independent Health”) to use and disclose your health information to Amazon Digital Services LLC (with its affiliates and subsidiaries, “Amazon”) in connection with your use of the Skill. Completion of this authorization form is voluntary. You may refuse to agree to the authorization, but then you will not be able to use the Skill. Signing or not signing the authorization will not affect any payment, enrollment or eligibility for benefit decisions made by Independent Health. Because Amazon is not a health care provider or health plan covered by federal privacy regulations, you acknowledge that the information described in this authorization may be disclosed by Amazon to other individuals or institutions and no longer protected by these regulations. Please see Amazon’s

Alexa terms of use for further information concerning its use and disclosure of your information.

The authorization will expire one year from the date of your registration to use the Skill, unless revoked. Upon such date, your access to the Skill will be suspended until a new authorization is signed.

You may revoke the authorization in writing at any time by sending Independent Health a letter or calling Independent Health’s Member Services Department at (716) 631-8701 or 1-800-501-3439, Monday – Friday, 8 a.m. – 8 p.m. Telecommunications Device for the Deaf (TDD): 711. Your revocation notice will not apply to actions taken by the requesting person/entity prior to the date we receive your written request to revoke this authorization. Your revocation notice will result in the termination of your ability to use the Skill.