Sageworks® Terms and Policies 

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (IN THE US) or 999 (IN THE UK), OR OTHER NATIONAL EMERGENCY PHONE NUMBER DEPENDING ON YOUR LOCATION.

Please read these Terms of Use carefully (“Terms”). These Terms govern and apply to your access and use of the services offered by Sageworks® in connection with the massage therapy services we provide via the Sageworks® website at www.sageworks.life  (“Website”) and Sageworks® mobile app (“App”) (all hereinafter collectively, “Sageworks®” and the “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you”, “your,” and “yourself” refer to the individual user of the Service.

These Terms are between you and Sageworks®, and not with the App Provider (such as the Apple App Store, Google Play Store, or other similar platforms) where the App is made available (each such distribution platform an “App Provider”). The App Provider has no obligation to furnish any maintenance and support services with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App will be the sole responsibility of Sageworks®.

Emergency Contact Information

You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to your Provider (defined below) to be used in case of an emergency. 

You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Emergency Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.

By using our Services you agree to these Terms and acknowledge the terms of the Notice of Privacy Practices (for US members only) and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.

Account Eligibility and Enrollment

To access the Services, you must first establish an individual user account (“Account”), by providing certain information as set out in the Privacy Policy. You agree that you will not create more than one Account or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: 

• provide true, accurate, current, and complete information about yourself as prompted by our Account enrollment form; and 
• to maintain, and promptly update such Account information, each time you log on, as far as possible to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Sageworks® has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, Sageworks® reserves the right to disable your account or take other steps as appropriate. 
• certify that you are (i) over the age of eighteen (18), or have the legal ability to consent to the Services or have your Parent/Guardian consent to the Services.
• remain responsible for maintaining the confidentiality of your Account password and username (if any), and any other security information related to your Account at all times. Sageworks® will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Acceptable Use

You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit any of the following:

• a message or information under a false name; 
• information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person;  
• unsolicited email and/or advertisement or promotion of goods and services;
• any content that may cause damage to a third party; 
• any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and 
• information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. 

You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Service for any purpose. Neither Sageworks® nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

If you download the App, you agree that from time to time, the software may require that you download upgrades, updates, and additional features we publish in order to improve, enhance, and further develop the software, Service, or App.

Payment

You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the terms and rates published by Sageworks® from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information in your Account. By providing Sageworks® with payment information, you authorize Sageworks® to bill and charge your credit card or other payment method.

If you access the Services through an EAP or an employer sponsored benefit plan or other insurance backed plan, your payment will be arranged by a third party “Payor” which is a third party that administers or insures the benefit program you are a member of through your employer. Your co-payments, coinsurance, or deductible may be charged automatically at the beginning of the session period or after the claim is processed by your insurer.

Providers

You are always advised to exercise a high level of care and caution when making any decision regarding your body or health. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider, or because of information you saw on the Website or App or advice you received through the Provider. Sageworks® endeavors to connect you with a professional who will provide high quality massage services. If you feel that the Provider does not meet your expectations, you may change to a different Provider at any time.  

The graphics, educational and research sources and other incidental information on the Website or the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular treatment is safe, appropriate, or effective for you. Sageworks® does not endorse any specific tests, medications, products, or procedures.

Sageworks® reserves the right to limit the scope of services provided.

Intellectual Property

All Content available on or through the Service is the property of Sageworks® or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, exploit, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Sageworks® or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.

“Sageworks®” and “Feel Amazing” are copyrighted terms. All rights reserved. Subject to the Terms of this Agreement, Sageworks® hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the software, facilities, and content to the extent, and only to the extent, necessary to access and use the Service.

The license granted herein does not permit you to, and you agree not to: 

• modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or 
• transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 

WITHOUT LIMITING THE FOREGOING, SAGEWORKS® DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU AGREE THAT YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ANY OTHER SECURITY INFORMATION RELATED TO YOUR USE OF SAGEWORKS®. YOU AGREE TO NOTIFY SAGEWORKS® IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD. 

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. SAGEWORKS® CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, APP OR SERVICES OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS, YOU AGREE THAT SAGEWORKS®’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER CONTRACTUAL, TORTIOUS OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF PAYMENT MADE BY YOU TO SAGEWORKS® IN THE PAST 12 MONTHS, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.  

UNDER NO CIRCUMSTANCES SHALL SAGEWORKS®, ANY SAGEWORKS® LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Hyperlinks

Any link (including a hyperlink, button, or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation, or certification by Sageworks®, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship to Sageworks®. Sageworks® does not endorse the content on any third-party websites. Sageworks® is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Sageworks® does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights, or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

Termination

Sageworks® has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization for any illegal or improper use of the service, nonpayment or other material misuse of the services. Sageworks® reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Gift Cards

Gift cards are available for purchase to be used solely towards the use of the Service (“Gift Card”). A Gift Card is not a credit or debit card and has no implied warranties. A Gift Card is not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Gift Cards are not valid or redeemable after the expiration date associated with the Gift Card. Sageworks® reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.

Lost or stolen Gift Cards can only be replaced upon presentation of original sales receipt for any remaining balance. It will be void if altered or defaced.

Sageworks® is not responsible for emailed Gift Cards that do not reach their intended recipient for any reason. Bounced email is not monitored.

SAGEWORKS® MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR SAGEWORKS® BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN NATIONAL AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Vouchers / Coupons / Promotions & Trial Subscriptions

To redeem your coupon or voucher code, you must provide Sageworks® with the requested coupon or voucher information. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable terms associated with each promotional offer (“Promotional Terms”). Sageworks® reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Sageworks® reserves the right to change, amend and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. Sageworks® does not guarantee that any promotional offers are or will be available to you at all, or in connection with any services desired by you. 

From time to time, Sageworks® may offer a Trial Subscription (“Trial Subscription”) to receive introductory services. You may only receive one Trial Subscription. Without limitation, any attempt by You to receive more than one Trial Subscription, such as by creating alternate accounts, will be considered a material breach of these Terms.