WorkingWell App Terms of Use

Last Updated: June 18, 2021

Welcome to the WorkingWell app. Amazon.com Services LLC and/or its affiliates (“Amazon” or “we”), through the Amazon Workplace Health & Safety team, makes the WorkingWell app available to Amazon employees to promote injury prevention, health and wellness. Before using the WorkingWell app, whether accessed and used through any Amazon website or mobile property, and including all interactive features and communications we make available in connection with the application (the “App”), please read these WorkingWell App Terms of Use and any other applicable rules, policies and terms available through the App (collectively, this "Agreement"). By using the App, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the App.

1. Eligibility. You must be an Amazon employee and 18 years of age or older to use the App. You certify that you are 18 years old and agree to be bound by this Agreement. The App is intended for, and should only be used, for use by persons in the United States.

2. Not Job-Related. Your use of the App and participation in any WorkingWell activities or features is strictly voluntary and not job-related. Whether you choose to use the App or any of its features or to participate in any WorkingWell activities or not, there is no impact on your employment with Amazon whatsoever, including related to position, compensation, standing, evaluations, or future prospects. Any costs incurred by an you in downloading or using the App are incurred voluntarily, are not job-related, and you will be solely responsible to bear any such costs.

3. Not Medical Advice or Health Care Services. The App and all information, content, materials, products (including software) and services included or available to you on or through the App (collectively “Content”) is provided for informational purposes only. You should not use App or any Content for diagnosing or treating any disease or condition, cure or prevent any disease or condition. The App does not provide or constitute any health care services or medical advice. The App cannot and is not intended to replace the relationship between you and your health care provider.

DO NOT USE THE APP IN AN EMERGENCY. IF YOU BELIEVE THAT YOU HAVE ANY CONDITION, ILLNESS, OR INJURY MAY BE SERIOUS OR LIFE-THREATENING, CALL 911 (WHERE 911 SERVICE IS AVAILABLE) OR GO TO THE NEAREST EMERGENCY ROOM. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BASED ON YOUR USE OF THE APP OR CONTENT.

ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROVIDER WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A DISEASE OR MEDICAL CONDITION. THE APP AND CONTENT ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ANY INFORMATION PROVIDED THROUGH THE APP ABOUT HEALTH, NUTRITION, EXERCISE, DISEASES, CONDITIONS, DIAGNOSES, TREATMENTS OR ANY OTHER INFORMATION IS NOT MEDICAL ADVICE FROM AMAZON.

4. License. Amazon grants you a limited, revocable, non-exclusive, non-transferable license to access and use the App and Content solely for your personal, non-commercial use in accordance with this Agreement. You are responsible for obtaining any necessary permission before reusing any Content that is available on or through the App and for using Content in accordance with all applicable laws, rules and regulations. All rights not expressly granted to you herein are expressly reserved by Amazon and its licensor(s). You will not, in whole or in part: (a) copy the App or any Content; (b) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works based on the App or Content; (c) rent, loan, sub-license, lease, distribute, or attempt to grant any rights to the App or Content to third parties; or (d) permit access to the App or Content of any kind to any third party or otherwise exploit the App or Content for any purpose.

5. Privacy Notice; Policies. Amazon will use information about you that arises from or relates to your use of the App in accordance with the privacy notice located at https://inside.hr.amazon.dev/us/en/employment/getting-hr-help-global/employee-privacy-notice.html (and any successor or related locations designated by us) as it may be updated by us from time to time (the “Privacy Notice’). You agree to use the App in accordance with the Privacy Notice, the other policies and guidelines that apply to your employment with the Amazon company you work for, including those available on or through https://inside.hr.amazon.dev/us/en/employment.html (and any successor or related locations designated by us) as it may be updated by us from time to time, all restrictions described in the App, and any other policies and terms referenced in or incorporated into this Agreement (the “Policies”).

6. Acceptable Use. You will not, and you will not permit or assist others: (i) to use the App in any way that violates any trademark, copyright, patent, trade secret, publicity, privacy, or other right of any third party or any applicable laws, rules or regulations; (ii) to abuse or fraudulently use the App; (iii) to access, alter, or destroy any Content or information of any user of the App by any fraudulent means or device, or attempt to do so; or (iii) to take any action that: (a) interferes or attempts to interfere with the proper working of the App or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the App; (b) circumvents, disables, or interferes or attempts to circumvent, disable, or interfere with security-related features of the App or features that prevent or restrict use, access to, or download or copying of any Content, or enforce limitations on use of the App or Content; or (c) imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on the App infrastructure. Any unauthorized use automatically terminates the permissions and licenses granted to you by us.

7. Proprietary Rights.

(a) App. The App, including all software, technology, its design and content, and all related rights, are owned by and will remain the exclusive property of Amazon or its licensors. You will not remove any copyright, trademark, or other proprietary notice from any material found on the App. You shall comply with all applicable laws, rules, and regulations regarding your use of the App.

(b) Trademarks. All trademarks, service marks, and trade names of Amazon used in the App, including but not limited to the Amazon and WorkingWell name and logos, (collectively “Marks”) are trademarks or registered trademarks of Amazon or its licensors. You may not use or display any Marks in any way without our prior written consent.

(c) Feedback. If you give to Amazon any idea, proposal, suggestion, or feedback, including without limitation ideas for new features, products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you give to Amazon, without charge, royalties, or other obligation to you, the right to make, have made, create derivative works, use, share, and exercise all rights in and to your Feedback in any way and for any purpose, including commercialization and other exploitation. Amazon will treat any Feedback you provide to Amazon as non-confidential and non-proprietary. You agree that you will not submit to Amazon any information or ideas that you consider to be confidential or proprietary or that confidential or proprietary to others.

8. Modifications; Suspension and Termination. We may make changes to the App, Content, the Privacy Notice, other Policies and these Terms of Use at any time. In addition, we may discontinue the App and/or any Content at any time. You or we may suspend or terminate your use of the App at any time, for any reason or for no reason, with or without prior notice. Your right to use the App will terminate if you are no longer employed by Amazon. We also may block your access to the App in the event that you or your use of the App (a) breaches this Agreement, (b) poses a security risk to the App, Content or any third party, (c) could adversely impact our systems, the App, Content or any other user of the App, Amazon employee or customer; or (c) could subject us, our affiliates, or any third party to liability or other harm. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

9. DISCLAIMERS. THE APP AND ALL CONTENT ARE PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS. Amazon does not WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE APP. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE APP OR ANYCONTENT , AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE APP AND ANY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. THE aPP AND content MAY BE OUT OF DATE, AND Amazon DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO, OR TO REQUIRE OTHERS TO, UPDATE the app or any CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP AND CONTENT IS AT YOUR SOLE RISK.

10. LIMITATIONS OF LIABILITY. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APP, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

11. General.

11.1. Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.1 will be void. We may assign this Agreement without your consent (a) in connection with a merger, acquisition or sale of all or substantially all of our assets, or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Amazon as a party to this Agreement and Amazon is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

11.2. Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement.

11.3. Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

11.4. Governing Law. The Governing Laws, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

11.5. Disputes. By using the App, you agree that applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Amazon related to the App or this Agreement.

11.6. Sanctions and Export Policy. You may not use the App if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the App. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

11.7. No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

11.8. No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

11.9. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.