TERMS AND CONDITIONSThe following terms and conditions (“Agreement”) apply to Sequence Wiz web site located at sequencewiz.com, and all content, services and products available at or through the web site around the world (the “Site”). The Site is owned and operated by Sequence Wiz, LLC (“Sequence Wiz”). This agreement governs your use of and access to Sequence Wiz student management system and yoga sequence builder (“Service”), and other content located on the Site whether in connection with a service plan (as defined in the order form) or a free trial of the services.
You cannot use the Site until you have carefully read and agreed to this Agreement by clicking “I Accept”. If you disagree with the terms and conditions of this Agreement, you cannot use the Site. Furthermore, by accessing, loading, or otherwise using the Site, which may include related materials and documentation, or any portion thereof, you agree to be bound by all of the terms of this Agreement.
Disclaimer of liabilityThe content of the pages of the Site is for your general information and use only. It is subject to change without notice.
Neither Sequence Wiz nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Sequence Wiz expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the Site is entirely at your own risk, for which Sequence Wiz shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
You are solely responsible for your conduct and your data related to the Site. You warrant that you have all rights, licenses, authorizations and consents required to use the Site, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Sequence Wiz, LLC its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Site or violation of these Terms of Service.
ContentThis Site contains material, which is owned by or licensed to Sequence Wiz, LLC. This material includes, but is not limited to, the design, layout, look, appearance, graphics, scripts, software code, user interface, visual interface, design, and interactions amongst various elements on the Site. No part of the Site and no content may be copied, reproduced, uploaded, publicly displayed or distributed other than in accordance with the Permitted Use of the Service, which forms part of these Terms and Conditions.
All trademarks reproduced in this Site, which are not the property of, or licensed to the operator, are acknowledged on the Site.
In order to provide a more comprehensive and useful site, the Site contains links to other Web sites. These links are provided for your convenience. They do not signify that Sequence Wiz endorses the website(s). Sequence wiz has no responsibility for the content of the linked website(s).
Permitted Use of the Site.The Site, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights. You may download (in .pdf format) or create printouts of yoga sequences and forms designed by you using the Service, and any parts of Student Profiles. All reproduction and distribution of such printouts, and all downloading and electronic storage of materials created at the Site shall be for your own personal or internal business use. You may download educational Handouts in .pdf format for your own personal use and as physical and/or electronic handouts for your students. You may NOT include Handouts in your business, training or educational materials or publications of any kind. You may download individual pose images with Sequence Wiz watermark for your own personal or internal business use. You may include those images in your business, training or educational materials. You may NOT display, copy, reproduce, or distribute individual pose images without Sequence Wiz watermark. You may NOT display, copy, reproduce, or distribute written and video content from exclusive site for Sequence Wiz members.
Service availabilitySequence Wiz will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. Sequence Wiz may perform unscheduled maintenance at any time, but will do this outside of normal business hours where possible and will try to make this over a weekend period.
Site maintenanceSequence wiz shall use reasonable efforts to provide corrections to reported problems that (i) prevent the Service from conforming in material respects to its specifications, and (ii) are replicated and diagnosed by Sequence Wiz as defects in the Service. Sequence Wiz shall use commercially reasonable efforts to begin working on a resolution to your written notice of reported problems within seven (7) days, provided corrections shall be prioritized in Sequence Wiz reasonable discretion. A response is not a guaranty of a solution to the reported problem; however, Sequence Wiz will keep you apprised of the resolution closure. Additional features and functions are not included as part of the maintenance and support services.
FeesNo payment is required for 14-day trial period. Once you have completed your free trial period, you will be subject to the then-current subscription fees. You may pay the fees by recurring credit card or PayPal charge. Your account will be debited for the subscription, even if you are not actively using your account.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the Sequence Wiz application. Your credit card details are stored at a trusted and secure payment gateway used by Sequence Wiz for payment processing.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged the full amount for the new plan you have selected, and your next billing date will be adjusted accordingly. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. No refunds will be given for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, or if you are subject to currency conversion fees, you will be responsible for paying GST and currency conversion fees on top of the subscription fees.
Downgrading or cancelling your account may cause the loss of access, content or features of the Service. Sequence Wiz does not accept any liability for such loss.
All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 60 days' notice from Sequence Wiz. Such notice may be provided at any time by updates to the Sequence Wiz site, notices within the Service itself, or by email correspondence.
If you have any questions or concerns about charges made to your account, please contact Sequence Wiz immediately. If there are charges made in error, Sequence Wiz will credit your account for the appropriate amount.
TerminationYou may terminate your Sequence Wiz account at any time by clicking on CANCEL ACCOUNT button under MY ACCOUNT > SUBSCRIPTION tab. There are no refunds for any fees paid. You are solely responsible for terminating your account and this agreement. Sequence Wiz is not responsible for your failure to properly terminate your account and this agreement or for any credit card charges you incur as a result of your failure to properly terminate your Sequence Wiz account and this agreement.
Applicable lawsUnauthorized use of this Site may give to a claim for damages and/or be a criminal offence.
Use of the Site shall in all respects be governed by the laws of the state of Oregon, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Oregon courts located in Multnomah county, Oregon, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
The personal information we collect is used to bill you for your subscription and to send you notifications regarding your account. We also use personal information for distribution of our member-only weekly newsletter to keep you posted on latest article additions and other Service updates. If you don’t wish to be on Sequence Wiz mailing list, you can opt out at any time by following the link at the bottom of the newsletter.
HIPAA complianceSequence Wiz is in compliance with the Health Information Portability and Accountability Act's (HIPAA) Privacy Rule, Security Rule and Omnibus Rule. The full Sequence Wiz HIPAA Statement can be found here >
If you handle electronic protected health information (e-PHI), you must implement security protocols and privacy policies in your business practices which adhere to HIPAA's compliance guidelines. Sequence Wiz and you each agree to comply with your respective obligations in the Business Associate Agreement attached to this Agreement as Exhibit A.
SecuritySequence Wiz employs reasonable technical, administrative and physical safeguards to protect the confidentiality and security of your personal information to protect it from loss, misuse or unauthorized alteration. When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Secure Socket Layer (SSL) protocol. Notwithstanding our efforts, we cannot guarantee absolute or unqualified protection of this information given the open nature and resulting instability of the Internet and World Wide Web, and we make no representations or warranties as to the effectiveness of our security and assume no liability for security breaches or any failure in the security of your computer equipment, your internet service provider or other networks and communications providers.
Sequence Wiz and you agree that these Terms and Conditions form the statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms and Conditions.
BUSINESS ASSOCIATE AGREEMENTThis Business Associate Agreement (“BAA”) is hereby entered between Sequence Wiz (“Business Associate”) and the Customer of the Sequence Wiz student management system and yoga sequence builder (“Covered Entity”).
1. Statement of PurposeBusiness Associate has been engaged to provide certain services to Covered Entity as set forth in the Terms and Conditions (“Agreement”). The parties acknowledge that Business Associate may be exposed to, or become aware of protected health information (also referred to herein as “PHI”) in the performance of the services. The parties wish to enter into this agreement to provide Covered Entity with the written assurances required by the privacy rule and the security rule established pursuant to the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act (“HITECH act” and together, “HIPAA”) and to address the use and disclosure of PHI.
2. Definitions“Business Associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this BAA, shall mean Sequence Wiz.
“Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this BAA, shall mean Customer.
“HIPAA” shall mean the Health Insurance Portability and Accountability Act of 1996, and accompanying regulations, as may be amended from time to time.
“HIPAA Rules” shall mean the HIPAA Privacy, Security, Breach Notification and Enforcement Rules at 45 CFR Part 160 and Part 164. Any reference in this BAA to a section in the HIPAA Rules means the section in effect or as amended.
“HITECH Act” shall mean the applicable provisions of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009 and any accompanying regulations.
“Privacy Rule” shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR, Parts 160 and 164.
“Security Rule” shall mean the HIPAA Security Standards codified at 45 CFR Parts 160, 162, and 164.
The following terms used in this BAA shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Individual, Minimum Necessary, Protected Health Information (or “PHI”), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
3. Obligations and Activities of Business Associate under the HIPAA Rules to the Extent Applicable to the Services Provided Under the Agreement.(a) Business Associate may only Use or disclose PHI as necessary to perform the services set forth in the Agreement, as permitted or required by this BAA, the Agreement or as Required By Law. Additionally, Business Associate may Use or disclose PHI for the purposes authorized by this BAA only (i) to its employees, Subcontractors and agents, in accordance with this BAA, or (ii) as directed by Covered Entity, if such Use or Disclosure of PHI would not violate the HIPAA Rules. Except as otherwise limited in this BAA, Business Associate may Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate.
(b) Except as otherwise limited in this BAA, Business Associate may use PHI to provide Data Aggregation services relating to the health care operations of the Covered Entity.
(c) Business Associate’s Use, Disclosure or request of PHI shall utilize a limited data set if practicable or otherwise the Minimum Necessary PHI to accomplish the intended results of the Use, Disclosure or request.
(d) With respect to Electronic Protected Health Information, Business Associate will (i) implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Company, as required by the Security Rule; (ii) ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate safeguards to protect it; and (iii) report to Covered Entity any successful Security Incident of which it becomes aware.
(e) Business Associate agrees to mitigate, to the extent practicable and within the limits of liability established in the Agreement or to a maximum of six (6) months of charges paid by Customer to Sequence Wiz, whichever is less, any harmful effect that is known to Business Associate of a Breach of Unsecured PHI or Use or Disclosure of PHI by Business Associate as a result of Business Associate’s Breach of this BAA. This is Sequence Wiz’ maximum liability for any and all claims, causes of action, fines, penalties, damages, costs or expenses arising hereunder.
(f) Business Associate agrees to report to Covered Entity any use or disclosure of PHI not permitted by this Agreement of which it becomes aware. In addition, Business Associate will report, following discovery and without unreasonable delay, any “Breach” of “Unsecured Protected Health Information” as defined by the HITECH Act and any implementing regulations. Any such report shall include the identification (if known) of each individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. Business Associate shall report Security Incidents to Covered Entity with the exception of unsuccessful Security Incidents (such as pings, broadcast firewall attacks, port scans, and unsuccessful log-on attempts) which Covered Entity hereby acknowledges occur regularly and no further notice is necessary. Business Associate shall mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement;
(g) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), Business Associate agrees to ensure that any agents and subcontractors of Business Associate to whom Business Associate provides PHI received from, or created or received by Business Associate on behalf of Covered Entity agree to substantially the same restrictions and conditions that apply to Business Associate with respect to such information;
(h) To the extent (if any) that Business Associate maintains a Designated Record Set for Covered Entity, Business Associate agrees to provide access, to the Covered Entity at its request, to PHI in a Designated Record Set, so that Covered Entity may respond to an Individual in order to meet the requirements under 45 CFR 164.524. Any request from an Individual directly to Business Associate shall promptly be forwarded to Covered Entity for a response.
(i) To the extent (if any) that Business Associate maintains a Designated Record Set for Covered Entity, and is notified by Covered Entity that an amendment to PHI in a Designated Record Set is required, then Covered Entity shall instruct Business Associate to retrieve the record or any other such document identified by Covered Entity in a Designated Record Set so that Covered Entity may make any such amendment to the PHI as may be required by either the Covered Entity or an Individual.
(j) Business Associate agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Secretary of Health and Human Services for purposes of determining Covered Entity’s compliance with the Privacy and Security Rules;
(k) At termination of this Agreement, if feasible, Business Associate agrees to return or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity, that Business Associate still maintains in any form and to retain no copies of such information, or, if such return or destruction is not feasible in the sole discretion of Business Associate, extend the protections of this Agreement to such PHI and limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible. In no event will Business Associate agree to maintain PHI beyond 6 years after an account becomes inactive.
(l) With respect to Electronic Protected Health Information, Business Associate will (i) implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that it creates, receives, maintains, or transmits on behalf of Company, as required by the Security Rule; (ii) ensure that any agent or subcontractor to whom it provides Electronic Protected Health Information agrees to implement reasonable and appropriate safeguards to protect it; and (iii) report to Covered Entity any successful Security Incident of which it becomes aware.
4. Obligations of Covered Entity.a) Covered Entity shall use and disclose PHI only in accordance with the Privacy Rule, the Security Rule, and any other applicable law concerning PHI. Covered Entity shall limit disclosures of PHI to Business Associate in accordance with minimum necessary practices. Covered Entity shall follow all data security instructions communicated by Business Associate or set forth in the applicable Business Associate Service description or statement of work.
(b) Covered Entity shall be solely responsible for establishing the applicable HIPAA Security Rule safeguards and associated policies for protecting PHI in its facilities.
(c) Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under applicable laws concerning PHI. Covered Entity shall notify Business Associate of any limitation(s), restriction or changes on the use or disclosure of PHI of which it becomes aware that may affect Business Associate’s use or disclosure of PHI.
5. Miscellaneous.(a) Term and Termination. The term of this Agreement shall be the same as the term of the Service Agreement. Upon Covered Entity’s knowledge of a material breach of this Agreement by Business Associate, Covered Entity shall notify Business Associate of the breach in writing, and shall provide an opportunity for Business Associate to cure the breach or end the violation of thirty (30) business days after such notification; provided that if Business Associate fails to cure the breach or end the violation within such time period, Covered Entity shall have the right to terminate this Agreement upon written notice to Business Associate. In the event that termination of this Agreement is not feasible as mutually agreed to by Business Associate and Covered Entity, Business Associate hereby acknowledges that Covered Entity shall have the right to report the breach to the Secretary of Health and Human Services. This Agreement shall terminate immediately in the event that a HIPAA business associate agreement is no longer required under applicable laws.
(b) No Third Party Beneficiaries. No provision of this Agreement is intended to benefit any person or entity not a party to this Agreement, nor shall any person or entity not a party to this Agreement have any right to seek to enforce or recover any right or remedy with respect hereto.
(c) Modification of Agreement. No alteration, amendment, or modification of the terms of this Agreement shall be valid or effective unless in writing and signed by Business Associate and Covered Entity.
(d) Non-Waiver. A failure of any party to enforce at any time any term, provision or condition of this Agreement, or to exercise any right or option herein, shall in no way operate as a waiver thereof, nor shall any single or partial exercise preclude any other right or option herein. In no way whatsoever shall a waiver of any term, provision or condition of this Agreement be valid unless in writing, signed by the waiving party, and only to the extent set forth in such writing.
(e) Severability. If any provision of this Agreement is found to be invalid or unenforceable by any court, such provision shall be ineffective only to the extent that it is in contravention of applicable laws without invalidating the remaining provisions hereof.
(f) Relationship to Services Agreement Provisions. In the event that a provision of this Agreement is contrary to a provision of the Service Agreement, the provision of this Agreement shall control. Otherwise, this Agreement shall be construed under, and in accordance with, the terms of the Service Agreement.
END OF EXIBIT
Sequence Wiz, LLC
HIPAA StatementThe Health Insurance Portability and Accountability Act (“HIPAA”) sets forth privacy and security standards for any entity that uses or discloses protected health information. For information on HIPAA, visit the U.S. Department of Health and Human Services website.
For any business that treats patients/clients and is subject to HIPAA, compliance is an organization-wide obligation requiring procedural standards and business practices that protect the privacy and security of patient/client information. As part of these obligations, the business must ensure it only utilizes software that has adequate safeguards to protect patient/client information. Sequence Wiz student management system and yoga sequence builder incorporates such technological and procedural safeguards, as detailed below.
Sequence Wiz employs the following technological safeguards to facilitate your compliance with HIPAA: patient/client information is transferred using 168-bit SSL encryption; accounts require secure login with minimum password length enforcement; the production environment is protected by stand-alone firewalls with access limited to authorized personnel via encrypted channels; and offsite backups are made daily and stored in an encrypted state.
Further, Sequence Wiz requires all personnel with access to patient/client information for purposes of providing technical support to be trained in the privacy requirements of HIPAA. In accordance with the law, Sequence Wiz has appointed a HIPPA Compliance Officer and HIPAA Security Officer. Sequence Wiz does not share, sell, disclose or provide patient/client information to third parties unless required by law; for details, see the Sequence Wiz Terms and Conditions.
Sequence Wiz also provides numerous settings and features—including user-specific login, optional 2-factor authentication, and sample HIPAA Notice of Privacy Practices to govern the use and disclosure of protected health information between you and your students—to facilitate procedural standards that enable you to maintain overall HIPAA compliance. Though, as with any technology, it’s incumbent upon you to properly incorporate Sequence Wiz into your business practices and make your own assessment of your resulting overall HIPAA compliance, you can use Sequence Wiz to keep records of your work with your yoga students while meeting your HIPAA obligations.
HIPAA Notice of Privacy PracticesThis notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
YOUR RIGHTSWhen it comes to your health information, you have certain rights. You have a right to:
- Get an electronic or paper copy of the health information your yoga teacher/therapist has about you. You can request a copy or a summary of your health information, and your yoga teacher/therapist will provide it to you within 30 days of your request. They may charge a reasonable, cost-based fee.
- Ask your yoga teacher/therapist to correct your health records if you think that they are incorrect or incomplete. Your yoga teacher/therapist will make a decision on whether or not to correct your records and will give you a written notice about their decision with 60 days of your written request.
- Request confidential communications. You can ask your yoga teacher/therapist to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- Ask your yoga teacher/therapist not to use or share certain health information for treatment, payment, or their operations.
- Complain if you feel that your rights have been violated by contacting your yoga teacher/ therapist by email or phone. You can also file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
YOUR CHOICESYou have both the right and choice to tell your yoga teacher/therapist whether or not to
- Share information with your family, close friends, or others involved in your care
- Share information with other health care providers
- Share information in a disaster relief situation
- Marketing purposes
- Most sharing of your teacher/therapist’s session notes
USES AND DISCLOSURESYour yoga teacher/therapist typically uses or shares your health information to:
- Treat you
- Run their operations
- Bill you for your services
- Comply with the law (Your yoga teacher/therapist will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that they’re complying with federal privacy law.)
- Respond to lawsuits and legal actions (Your yoga teacher/therapist can share health information about you in response to a court or administrative order, or in response to a subpoena.)
RESPONSIBILITIESYour yoga teacher/therapist is required by law to
- Maintain the privacy and security of your protected health information.
- Notify you promptly if a breach occurs that may have compromised the privacy or security of your information.
- Follow the duties and privacy practices described in this notice and give you a copy of it if you request it.
- Not use or share your information other than as described here unless you tell them otherwise in writing.