SilverCloud Sign-up
SilverCloud Sign-up Start
Welcome to SilverCloud
Before we begin, please note:
Provision of Care
- Everything you do on SilverCloud will remain completely confidential, with should it become apparent that you or someone else is at risk of harm.
- If your supporter believes there is a physical danger to you or another person, or that intervention may be necessary to protect you or others from physical harm.
- If there is a legal requirement for your supporter to provide information to others.
- If your supporter feels that a child is at risk or is experiencing emotional, physical, sexual abuse or neglect this may have to be reported to social services in line with child protection guidelines.
- SilverCloud is not an emergency service as your supporter can’t respond to you in real-time. If you need urgent help please
Please Note: For your own and others’ safety, there are some situations where complete confidentiality cannot be guaranteed:
I understand that any disclosures made which give cause for safeguarding concerns involving children or vulnerable adults may need to be shared with other relevant and appropriate professionals (including my GP, social services or the police). We will always aim to discuss this with you first wherever possible.
Please see more details in contract below:
To commit to getting the most out of your programme, it is important that you .
SilverCloud is an online programme that uses Cognitive Behavioural Therapy (CBT). CBT is a psychological therapy that works on the relationships between thoughts (cognitions), behaviours and feelings. It has been widely studied and proven to work for a number of mental health difficulties.
We hope to help you develop your CBT skills in order to better recognise and tackle problems in the here and now, rather than in the past.
Throughout the programme, reference is made to your ‘supporter’. To clarify, your supporter will be the health boards Online CBT coordinator, who will offer online administrative and motivational support throughout the programme and will review your progress regularly. They can be contacted by email to silver.cloud@wales.nhs.uk or by telephone on 01874 712 428
We are happy to communicate with you in either Welsh or English and will reply in the language you choose to use. If you prefer to communicate in Welsh, please inform us by contacting Silver.Cloud@wales.nhs.uk
Should you require any clinical advice, please contact the healthcare professional who referred/signposted you to the programme.
If you are undertaking the Blended service, your ‘supporter’ will be your Blended Online CBT Practitioner, from Ponthafren or MIND, who will review your progress at your fortnightly face to face sessions.
Between these sessions, the health boards Online CBT Coordinator will monitor your account in terms of risk, as described in item 4 below. There are questionnaires to complete fortnightly which gives your supporter an idea of your general mental wellbeing and highlights any risk concerns. It can also provide an opportunity to check in with yourself and how you are feeling.
As an NHS service, we have a Zero Tolerance Policy against violence and aggression of any kind. Individuals behaving aggressively or inappropriately towards NHS staff members, verbally or through online communication, may result in being discharged from our service.
Definition of violence/aggression: offensive content, including verbal, text and unsuitable pictures, will not be acceptable – e.g. swearing, pornography, extremist language, racism, hate or anything that is deemed inappropriate by the team.
The client undertakes:
- I take full responsibility for working through SilverCloud at my own pace and choosing the activities I do.
- I understand that I may receive reminder emails or texts from the programme.
- I understand that SilverCloud is not an emergency support programme.
- I understand that my supporter will log in to review my progress regularly.
- I understand that only material I share with my supporter will be available for them to view.
- If the programme is not for me, I will inform my supporter before leaving SilverCloud.
- I will consult with a medical doctor if advised to do so.
- I understand that if I am in crisis or feeling very distressed I will contact supportive family, friends, my GP or one of the other contacts suggested on the "Find Help" page and listed below:
Community Advice & Listening Line (C.A.L.L) – 0800 132 737
The Samaritans – 116123
Childline - 0800 1111
(These are free phone numbers contactable 24hours a day, 7 days a week). - I understand that I am responsible for my own safety, and that of others, and have a responsibility to protect, maintain and improve my own wellbeing.
- If I self-referred, I confirm I am registered with a GP surgery in Wales and/or I am a Wales resident.
- I agree to use the programme regularly and to complete the therapy tasks available to me, which my supporter will review every two weeks.
- If I have any difficulties with the programme, I know I can speak to my supporter.
- If I have any difficulties managing myself and my safety, or if I tell my supporter that someone else might not be safe, I know that my supporter will contact my referrer or another appropriate clinician, in order to keep me, or another person, safe.
- I agree to share my correct contact details and correct GP details so that my supporter is able to get in touch with me if necessary.
Data from the programme and your experience will be used for research and service development studies. This will always be in an anonymised format, and no personal identifiable information will be used. As a User of SilverCloud you may be contacted at a later date asking if you would be willing to participate in the study at which point further details will be explained and you are then free to choose if you do or do not.
The supporter undertakes:
- To encourage you through the programme in order to help you develop CBT skills.
- To regularly review your progress.
- To keep your personal contact information private – You have a username and password so that no-one else can access the details you enter into the programme. Only the material you to choose to share with your supporter will be reviewed along with the clinical questionnaires asked at certain points throughout the programme.
- To inform your GP and/or healthcare professional of your participation in the programme and progress if you've been referred into the service.
- I will not disclose information about you except in the event of any risk concerns based on your questionnaire answers and/or any content shared with me on the platform. Clinical advice will be sought and your GP or referring healthcare professional informed, where appropriate, as per the health board’s policy.
- If you have self-referred to SilverCloud, and in the event of a ‘risk alert’ following the completing of the risk questions, this will be dealt with by the supporting team who will take appropriate action, as per the health board’s policy.
- On reviewing your progress, if reports of criminal activity are noticed then clinical advice will be sought and judgment will be taken as to whether the disclosure meets the threshold of the Department of Health NHS Codes of Practice: Supplementary Guidance Public Interest Disclosures. If the disclosure does meet the threshold, then the Online CBT coordinator or reviewing clinician will contact the appropriate authority.
Please note: Personal information will only be accessed by your ‘Supporter’ but will be shared, if required, in compliance with the service policies and protocols, including UK data protection legislation. However, as Powys Teaching Health Board (PTHB) is the overarching SilverCloud platform holder for NHS Wales, they have the ability to access all data and personal information, if appropriate.
Data from the programme may be used for research and service development however this will always be in an anonymised format, no personal identifiable information will be used for this purpose.
As a rule, we do not delete data, as the information you share with us will make up part of your medical records. When we collect and use your personal information, we will ensure this is processed in accordance with at least one of the lawful basis available to PTHB under data protection legislation. For further information on how the health board manages your data, please see the health board Privacy Notice Privacy - Powys Teaching Health Board (nhs.wales)
Privacy and terms of use
- To give you the best experience there are elements of your information that we need to store and process, in line with our
- information you enter directly;
- information given about you (by a supporter);
- and information collected automatically when you use the platform.
- By signing up you are agreeing to the
- Privacy
- Important information about your use of the services
- Account enrollment (if applicable)
- Prohibited conduct
- Intellectual property rights
- Service credential security
- Website and third-party content
- Consent to services
- Disclaimer of warranties; limitation of liability
- Indemnification
- Choice of law and forum; Contracting entity
- Miscellaneous
- Termination
- impersonate or attempt to impersonate another user, or any other person or entity (including, without limitation, by using email addresses) transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- provide information that is untrue, inaccurate, not current, or incomplete;
- transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item;
- use the Services to send spam, surveys, or any commercial communications that are not an authorized part of the Services;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
- engage in unauthorized spidering, "scraping," or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;
- access the Services for the purpose of (1) copying its features, functions, designs, or content; or (2) creating a competing product or service; or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
- Your device may temporarily store or cache such materials incidental to your accessing those materials.
- You may print or download one copy of a reasonable number of pages of the Services, including your patient record, for your own personal, non-commercial use.
- If we provide summaries, worksheets, or other documents for download, you may download a single copy for your own personal, non-commercial use.
- transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
- copy, store, host, transmit, send, use, publish or distribute any malicious software or other harmful item;
- If we provide desktop, mobile, or other applications for download, you may download a copy to your device for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- Modify copies of any materials from this site.
- Use any images, video or audio separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
SilverCloud takes your privacy and security very seriously, and we consider carefully any information that we need to collect or store.
The only information that we collect is:
This includes personal details, information about your mental health or usage details (for example when you log in and which pages you viewed).
We do this in order to make the platform work (for example, in order to show you which pages you have viewed or to communicate with your supporter), and also to better understand how it is being used so that we can keep improving.
If you would like to know more, you can read our full privacy notice at any stage by visiting your help centre. Or by using the link at the bottom of every page.
These terms of service are effective as of October 16 2024
Table of Contents
General Terms
These Terms of Use ("Terms") govern your use of the American Well Corporation ("Amwell," "we," "us," or "our") website and any other website or online service that Amwell or one of its affiliates operates and that links to these Terms (collectively, the "Services").
Companies such as hospitals, healthcare providers including primary care practitioners, specialists, and/or subspecialists ("Providers"), employers, and others (collectively, "Customers") engage Amwell to provide the Services on their behalf to users. User refers to an individual end user of the Services, who may be a patient of a healthcare provider, an employee or other staff or workforce member of an employer, or any other individual user for whom the Services are being provided.
Please review these Terms carefully before using the Services. We may change these Terms or modify any features of the Services at any time. The most current version of the Terms can be viewed by clicking on the "Terms of Use" link posted through the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes. If you do not agree to these Terms, you are not authorized to use the Services and should exit immediately.
These General Terms apply to all Services.
1. Privacy
By using the Services, you acknowledge that you understand and agree with our processing your information consistent with our Privacy Policy (https://business.amwell.com/privacy-policy)
2. Important information about your use of the services
DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY INCLUDING A MENTAL HEALTH EMERGENCY, CALL 999 OR THE APPROPRIATE NATIONAL MEDICAL EMERGENCY NUMBER, OR GO TO THE NEAREST HOSPITAL EMERGENCY DEPARTMENT IMMEDIATELY.
| Country | Medical Emergency Number |
|---|---|
| Australia | 000 |
| Canada | 911 |
| Europe (most countries) | 112 |
| Ireland | 999 or 112 |
| South Africa | 10 177 |
| United Kingdom | 999 or 112 |
| United States | 911 |
NEITHER AMWELL NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
YOU MUST READ THE IMPORTANT INFORMATION FOR EACH SERVICE THAT YOU USE IN THE SERVICE-SPECIFIC SECTIONS BELOW.
The content on the Services should not be considered medical advice, other than information received directly by you from Providers. The content on the Services should not be used as a substitute for patient-specific treatment provided by a qualified healthcare professional, should not be relied on as health or personal advice, and it is not intended to be used to diagnose, treat, cure or prevent any disease, nor should it be used for therapeutic purposes or as a substitute for your own health professional's advice. The provision of content on the Services is in no way intended to create a patient to health care provider relationship between you and Amwell.
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. AMWELL DOES NOT REPRESENT OR WARRANT THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. Amwell does not recommend or endorse any specific tests, providers, medications, products, or procedures.
Use of the Services requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.
3. Account enrollment
In some cases, account enrollment is necessary to access Services. To access such Services you must first establish an individual user account ("Account") by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of accounts established for minor children of whom you are a parent or persons of whom you are a legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.
Where applicable in your jurisdiction, you represent and warrant that you possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or person of whom you are a legal guardian, to agree to these Terms.
4. Prohibited conduct
You may not access or use, or attempt to access or use, the Services to take any action that is likely to (1) cause harm, offense or nuisance to us or any third party, (2) interfere with the operation of the Services, or (3) violate any laws. For example, and without limitation, you may not:
Violations of system or network security may result in civil or criminal liability. We may investigate, take appropriate legal action, and work with law enforcement authorities to prosecute users who violate the Terms. We may also suspend or terminate your access to the Services for any or no reason at any time without notice. If we block your access to the Services, you agree not to attempt to circumvent our action (such as by creating or using a different Account.)
5. Intellectual property rights
The Services are protected under the copyright laws of the United States, UK, EU and other countries. All copyrights in the Services are owned by us or our third-party licensors to the fullest extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Amwell or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Amwell, its affiliates, or any third party.
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platforms, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms you must, at our option, return or destroy any copies of the materials you have made.
Subject to the arrangements set out in our Privacy Policy, in respect of all content or material that you submit via the Services or otherwise, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights; and you confirm that you have obtained the consent of any individual identified in such material to the submission of the material via the Services or otherwise.
6. Service credential security
You are solely responsible for the security of your credentials for the Services—such as username and password, unique access token, or multi-factor authentication (MFA) key—and for any use of the Services using your credentials. You should not share your credentials with any third party or allow any third party to access the Services using your credentials. You agree to notify us immediately if you have any reason to believe that your credentials have been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your credentials at any time.
7. Website and third party content
The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
You may link to the Service homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link that in any way suggests any form of association, approval or endorsement on our part where none exists.
8. Consent to services
Amwell respects and upholds patient confidentiality and privacy. With respect to personal data concerning health as defined by the General Data Protection Regulation ("GDPR") any sharing of such data, subject to GDPR, will happen only with express patient consent or another lawful basis.
Communications. By using the Services you consent to receiving customer support, account-related, or transactional communications by telephone, text, email, or postal mail from us or the Customer with whom you are associated.
Communications via Texting/SMS. By giving Amwell or the Customer your mobile phone number, you are agreeing to receive text messages from Amwell or our service providers including invitations and other communications. Message frequency varies; you may receive multiple messages per day. You acknowledge that message and data rates charged by your wireless carrier may apply and that you will be responsible for any associated costs. You may reply STOP at any time to stop getting future text messages. You may reply HELP for help or chat support.
Amwell uses SMS short code for certain notifications and reminders. Please reference this page for more details: https://business.amwell.com/app-support/amwell-enhanced-notification-short-code-program/
Communications via Email. By using the Services you are agreeing to receive email messages from Amwell or our affiliates and business partners that include invitations and other communications. You may unsubscribe from such future emails at any time by selecting the "unsubscribe" link in the email. You may also contact our Customer Support team at customer.support@amwell.com.
By agreeing to use the Services, which involve sending you invitations and other communications by ordinary email or text messages, as applicable, you are indicating that you understand that ordinary email or text may not be secure, and you nonetheless want to receive your invitations and other communications via ordinary email or text messages. We do not include any sensitive details about your health in the invitations that we send by email or text. Instead, your email or text invitation will take you to a dedicated website or app to access the Services.
9. Disclaimer of warranties: limitation of liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS ("AMWELL PARTIES") BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORM, OR TROJAN HORSE, LOSS OF DATA, OR USE, MISUSE, RELIANCE, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE AMWELL PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AMWELL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CUSTOMER AND YOU AND BETWEEN AMWELL AND YOU, AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
YOU ACKNOWLEDGE AND AGREE THAT AMWELL IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT AMWELL IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. AMWELL, ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
Whilst we endeavour to ensure that the Services are normally available 24 hours a day, we are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or media players due to technical problems or traffic congestion on the internet or on the Services or combination thereof, including any injury or damage to you or to any person's computer related to or resulting from participation in connection with the Services. You acknowledge that access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will use reasonable endeavours to correct any errors or omissions as soon as practicable according to severity.
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, CUSTOMERS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST, AND YOU MAY NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
11. Choice of law and forum: contracting entity
11.1 Choice of law and forum
Unless otherwise specified in service-specific terms below, you agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the applicable state or country identified below without regard to principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved the applicable courts identified below, unless agreed upon by all parties.
| If you are a patient or individual client of a Customer located in: | Governing law: | Courts with personal jurisdiction: |
|---|---|---|
| United Kingdom | England and Wales | Courts of London, England, UK |
| Any country within the European Economic Area | Ireland | Courts of Ireland |
| Australia | Victoria, Australia | Courts of Victoria, Australia |
| United States, Canada, or any country not listed below. | Commonwealth of Massachusetts, USA | Federal district court located in Boston, Massachusetts, USA |
11.2 Contracting entity
Unless otherwise specified in service-specific terms below, you are entering into these Terms with the Amwell entity identified below.
| If you are a patient or individual client of a Customer located in: | Amwell entity: |
|---|---|
| United Kingdom | American Well Corporation UK Limited, a company registered in England and Wales, whose registered address is 124 City Road, London, EC1V 2NX, United Kingdom |
| Any country within the European Economic Area | American Well Corporation Ireland Limited, a company registered in the Republic of Ireland, whose registered address is 1 Stephen St. Upper, Dublin, D08 DR9P, Ireland |
| Australia | SilverCloud Health Australia Pty Ltd ACN 647 757 346 an Australian Private Company, at 7 Southport Street, West Leederville, WA 6007, Australia |
| United States, Canada, or any country not listed below | American Well Corporationa Delaware corporation, with a place of business at 75 State Street, 26th Floor, Boston, MA 02109, USA |
11.3 Waiver of Trial by Jury
YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY.
12. Miscellaneous
These Terms, including our Privacy Policy incorporated herein, constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. If we enter into an additional or separate written agreement with you, the terms of that agreement will supplement these Terms and will control to the extent they are contrary to these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Amwell's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Amwell may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Headings in these Terms are solely for convenience.
Any notices or other communications provided by Amwell under these Terms, including those regarding modifications to these Terms, will be given via email, text or via the Services. For notices made by email or text, the date of receipt will be deemed the date on which such notice is transmitted. You consent to the use of these electronic methods of communication from us and agree that all communications, including Terms and agreements, that we provide electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Amwell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
Amwell shall not be liable for delay or failure to perform any of its obligations under these Termswhere and to the extent that such delay or failure results from any circumstances beyond its reasonable control.
Nothing in these Terms or the Privacy Policy shall be deemed to confer any third-party rights or benefits.
13. Termination
We may terminate your access to and use of the Services at any time and for any reason, including upon termination or expiration of our agreement with the Customer or upon the request of the Customer. You may stop using the Services at any time. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: the provisions entitled "Important Information About Your Use of the Services," "Intellectual Property Rights," "Website and Third-Party Content," "Termination," "Disclaimer Of Warranties; Limitation Of Liability," "Miscellaneous," and any provisions that, by their nature, should survive termination.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of the Services. When a breach of these Terms has occurred, we may take such action as we deem to be appropriate, including suspending or terminating your use of the Services.
Contact information
If you have any questions about these Terms or feedback, comments, complaints and suggestions for improvements to the Services, please contact Amwell. For contact details please see https://business.amwell.com/contact-us.