Original Terms and Conditions Version 1.0.
By using this software (the “Hayver Software”), you agree to all the following paragraphs, which we call “Terms and Conditions.” If you don’t agree to all our Terms and Conditions, you may not use the Hayver Software. If you have assisted an adult sign up as a member for Hayver services, you must ensure that the member (not just you) agree to all of these Terms and Conditions. For example, if you are signing up your spouse, your spouse must agree to the Terms and Conditions. You cannot do it for him or her.
You may subscribe to and use the Hayver software only if your purpose is 1) to receive monitoring for a health concern or 2) to help monitor someone you think may have a health concern, 3) to show solidarity with someone you think may have a health concern, 4) to test the Hayver software to see if it is appropriate for someone you care about with a health concern, and 5) to help foster a workplace, home, or social environment focusing personal responsibility and group support in managing a health concern. You do not have permission to use the Hayver software if one of your purposes is to reverse engineer it, copy it, do anything that is contrary to law, or use it to harass or publicly embarrass another person. If you use our software to make public disclosures of a member’s information without the member’s permission, we have the right but not a duty to pursue you through legal channels.
You must be thirteen years or older to use the Hayver Software. If we find out you do not meet our age requirements, we will terminate your subscription.
If you stop paying our fees, we will interrupt your access to the Hayver Software.
The Hayver website is copyrighted and is provided to you “As Is” with no express or implied warrantees whatsoever as to content. You may download or print one copy of any materials on the site for your personal, non-commercial use. You may not modify the materials or any copyright or trademark notice.
The screens you see when you use the Hayver software are also copyrighted. You may not take a screenshot or photograph of or in any way capture or disseminate any of these screens. One reason for this rule is that we do not want any sensitive information on the screens regarding a member to be publicly disclosed.
These Terms and Conditions may change from time to time. Each time you log on, you agree that you will be subject to our latest Terms and Conditions, even if they have changed in material respects. Our latest terms and Conditions will be posted on Hayver’s website. If we make a material change, we will require you to reconfirm the Terms and Conditions when you log on. If you do not agree to reconfirm, contact our Customer Support so that we can cancel your subscription and issue any applicable refund.
You agree that both you and partners in your Circle of Support may receive communications about your use of Hayver’s services by email and text. Examples of emails that will be sent include but are not limited to welcome emails, notifications regarding check-ins, and notifications of testing and test results.
You understand that although Hayver Corp. was founded by a doctor, the Hayver Software does not counsel you or give you medical advice. We talk about trends, studies, and experiences. We implement systems we think work generally for the public. We cannot tell you what is medically correct for you or your friend or loved one as an individual. For that, you must personally consult with a licensed professional.
We can terminate your access to the Hayver software at any time if we feel that you are behaving inappropriately towards members or partners in Circles of Support. We get the final say on what is inappropriate.
You agree that if tracking by the USPS or by an independent carrier shows that your cups were delivered to you, that is the final word and Hayver Corp. will not be required to resend cups free of charge. If we do not use tracking, we will replace cups at our sole discretion. We are sorry to do this but the chance that a mail carrier or reputable delivery service has not delivered a package is nearly zero. The chance that a member gets the cups and throws them away is not zero. Choose a mailing address, such as a work address, where you can feel confident about receiving the cups we send you.
The Hayver software depends on the member checking in. If the member does not check in, we do not guarantee that he or she will receive the services that are advertised for the plan that was purchased. For example, if the member has purchased a plan for three random tests per month and does not check in one or more days, the member may not be randomly tested three times. We try to make allowances for missed check-in days but we also try to make our system of allowances difficult for users to predict. If we are unable to accommodate one or more of your missed check-in days, it’s on you.
A spot check either must be paid for as a separate service or it must be ordered as part of a plan you have selected. If you have an extra test cup, it does not give you the right to use it for a free spot check. For example, when you first sign up, we may send you an extra cup in advance. The extra cup is there so that if you decide to order (and pay for) a spot check, it will be there when you need it. Once you order a spot check, you will then be sent another test cup so that it will be there for you the next time you place an order. As another example, if you or your loved one does not check in and the result is a missed test, you do not get to use your unused test cup later for free spot check.
When a member purchases a spot check, that spot check may be ordered by any partner in the member’s Circle of Support. When a spot check is available as part of a member’s plan, it may be ordered by any partner in the member’s Circle of Support.
Some of our staff are recovering and/or recovered addicts and alcoholics. We think a lot of people deserve a second chance. That is one reason why we are in this business. By using the Hayver software, you agree to accept this policy.
We exclusively own all the data that we collect though our program except for your personal information such as your name and address. We have the right to keep a copy of all the data (personal and non-personal) we collect, both during the time you are a subscriber and after your subscription ends. We may use personal data:
- to communicate with you and help us serve your needs;
- to allow an affiliated corporation (such as a subsidiary, parent or a Hayver foundation) to communicate with you and help serve your needs;
- to allow an independent contractor to perform Hayver-related services for us (such as our customer support, credit card billing services, or cloud services);
- to communicate with your Circle of Support about your progress and about your compliance or noncompliance;
- to encourage you to return to Hayver or seek alternative care should your Hayver subscription lapse;
- to study the efficacy and success of Hayver’s processes and services;
- to provide data and services to your recovery center, your sober living home, or your other care providers (your Hayver Care Network);
- to protect ourselves legally; and
- to fulfill our legal duties.
When we mention “Hayver Care Network” in this agreement, what we mean is your recovery treatment center, your sober living home, or another care professional who has worked with you and who is included in a Hayver network of care professionals. Hayver does not provide any warrantees with respect to anyone in the Hayver Care Network. What we do is to work with others to help develop and measure the processes that help people stay clean.
By inviting someone into your Circle of Support, you agree that that person will have access to all the information you have given Hayver except billing information. If someone in your Circle of Support shares your confidences with a third party without your permission, Hayver is not be liable for that. Choose your Circle of Support wisely. Be clear with your Circle of Support what they are and are not authorized to disclose and to whom. Putting it in writing is a good idea too.
Certain information such as a screen display name or a profile photo and any information you post to a forum might identify you. If you do not want to be easily identified by persons outside your Circle of Support, it is your duty to exercise care. Do not choose a screen display name like your real name. Choose a photo that does not identify you. Do not give details in your postings about who you are.
We have the right to use data that has been de-identified for any lawful purpose and assert exclusive ownership of such data. An example of “de-identified data” would be information that categorizes members by gender, age, and/or city or zip code but does not reveal names, street addresses, or phone numbers.
We have the right but not the duty to change or expunge users’ data. For example, for security purposes, we may convert a positive test result to a decline test result or delete user messages after a specified period of time.
There is no warranty that the Hayver software will reduce your dependency on drugs or alcohol, improve your health, or cure you. How well you do using the Hayver software will depend on many things, most important of which is YOU. The Hayver software is a tool that, assuming you or your loved one is receiving the proper level of care, can help YOU to achieve your goals. Whether you are a member receiving monitoring or are partner in a Circle or Support, you are likely to fall a few times before you get to where you need to be. Don’t blame us when you fall. Remember, success comes from getting back up and trying again. And if you don’t think the Hayver software is right for you or your loved one, cancel your subscription and look for another solution.
You understand that Hayver makes no promises that the success rate of its monitoring will be 78%. Ninety percent is the rate achieved in some studies involving highly-motivated individuals, such as licensed professionals and truck drivers. Hayver believes that a 78% success rate is a reasonable goal for highly motivated persons. It invites its members to join the ninety-percenters. It does not promise that 78% of persons using the Hayver will be successful.
Hayver does not make judgments or statements about whether you are using drugs or alcohol. Instead, we measure whether the person logging in as a member is complying with Hayver’s procedures. If we reset your monitoring metrics, our decision is final and non-appealable. One important purpose of this rule is to protect you. A third party will not be able to ask you, “if Hayver was wrong to reset your metrics, why didn’t you call them up and make them fix it?” The answer to that question is, “Hayver is a system of monitoring compliance with Hayver procedures. It is not a system of certifying drug or alcohol use. There was nothing to fix.”
If your access to the Hayver Software is interrupted because of something we did wrong, for example, one of our developers caused the Hayver Software to be unusable for more than 10 hours, your sole remedy will be to demand that we extend your subscription by the number of days that our failure caused you to miss using our system. To take advantage of this remedy, you must notify us by e-mail within 7 days of when the problem started and ask us for an extension. We will investigate and if we determine we were at fault, we will extend your subscription. We cannot be responsible for stuff that is beyond our control. For example, we use one of the best providers in the world for our cloud services (Amazon). If Amazon goes haywire (and we don’t expect it to), that is beyond our control. If there is a cyber-attack that takes down the internet or our site—again, it is beyond our control. If we thought it made sense, we could give you a guarantee against every imaginable nightmare but then we would have to charge you a lot more money. So, in the end, OUR ONLY WARRANTEE IS THAT WE DO SOMETHING WRONG THAT RESULTS IN YOUR NOT BEING ABLE TO CHECK-IN FOR ONE OR MORE DAYS, WE WILL GRANT REASONABLE REQUESTS FOR AN EXTENSION EQUAL TO THE NUMBER OF DAYS YOU LOST. ALL OTHER EXPRESS AND IMPLIED WARRANTEES ARE EXCLUDED TO THE FULLEST EXTENT OF THE LAW. (We just shouted that at you because we want you to pay attention to it.)
While we are on the topic of things beyond our control, we need to address hackers. They are out there and they are dogged and brilliant enough to hack into the State Department and the Pentagon. We take security seriously but we cannot guarantee that we will not be hacked or that your information will not be stolen.
We have the right to shut our website down for maintenance or to respond to a security threat. If that happens, we will do everything we can to get the site back up as soon as is reasonably possible.
Now some more shouting. TO THE MAXIMUM EXTENT THAT THE LAW ALLOWS, YOU AGREE TO LIMIT ANY LIABILITY BY HAYVER (INCLUDING ITS OFFICERS, EMPLOYEES, AND DIRECTORS) TO THE GREATER OF $300 OR THE AMOUNT THAT YOU HAVE PAID TO HAYVER DURING THE PRECEDING TWELVE MONTHS FOR SUBSCRIBING TO HAYVER’S SERVICES. THIS LIMITATION WILL APPLY REGARDLESS OF THE TYPE OF LEGAL THEORY YOU ARE ASSERTING. TO THE MAXIUM EXTENT THE LAW ALLOWS, THIS SAME LIMITATION APPLIES 1) TO THIRD-PARTY CONTRACTORS WHO PERFORM SERVICES FOR HAYVER SUCH AS CUSTOMER SUPPORT, SOFTWARE DEVELOPMENT, CLOUD SERVICES, OR CREDIT CARD SERVICES AND 2) TO HAYVER CARE NETWORK MEMBERS WHO RELY ON THE HAYVER SOFTWARE SUCH AS RECOVERY CENTERS AND SOBER LIVING HOMES.
TO THE MAXIMUM EXTENT THE LAW ALLOWS, HAYVER (INCLUDING ITS OFFICERS, EMPLOYEES, AND DIRECTORS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THAT INCLUDES BUT IS NOT LIMITED TO LOSS OF WAGES, MEDICAL BILLS, DAMAGE TO REPUTATION, LOSS OF CONSORTIUM, AND EMOTIONAL SUFFERING. THE LIST IS LONG. TO THE MAXIUM EXTENT THE LAW ALLOWS, THIS SAME LIMITATION APPLIES 1) TO THIRD-PARTY CONTRACTORS WHO PERFORM SERVICES FOR HAYVER SUCH AS CUSTOMER SUPPORT, SOFTWARE DEVELOPMENT, CLOUD SERVICES, OR CREDIT CARD SERVICES AND 2) TO HAYVER CARE NETWORK MEMBERS WHO RELY ON THE HAYVER SOFTWARE SUCH AS RECOVERY CENTERS AND SOBER LIVING HOMES.
In the event you have a dispute with Hayver (including one or its officers, employees, or directors), either of us may choose to resolve the dispute by binding arbitration instead of in court. Any claim (except for a claim challenging the duty to arbitrate and the class action waiver below) may be resolved by arbitration if either side requests it. IF THERE IS A DUTY TO ARBITRATE AND IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER OF US WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. ALSO, DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OF OTHER USERS IN ARBITRATION. YOU ALSO MAY NOT ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
Only a court, and not an arbitrator, may determine the validity and effect of the class action waiver above. Even if all parties have chosen to litigate a claim in court, you or we may choose arbitration with respect to any claim made by a new party or any new claims that are asserted later in that lawsuit.
Hayver will not choose to arbitrate any claim you bring in a small claims court. However, if your claim is transferred, removed or appealed to a different court, Hayver may then choose to arbitrate.
Arbitration must proceed only with the American Arbitration Association (AAA) or JAMS. The rules for the arbitration will be those in this arbitration agreement and the procedures of the arbitration organization. The rules in this arbitration agreement will be followed if there is disagreement between the agreement and the organization’s procedures.
If Hayver initiates an arbitration action against you, it will be brought in the county or federal judicial district where you live. If the AAA and JAMS are not active in your county or district, an arbitration action may be brought in another location in your state where one of them is active. If you initiate an arbitration action against Hayver, it will be commenced in the county where Hayver is headquartered. You and Hayver will both agree to allow witnesses and representatives to speak and testify remotely.
A single arbitrator will be appointed. The arbitrator must:
- Follow all applicable substantive law, except when contradicted by the FAA;
- Follow applicable statutes of limitations;
- Honor valid claims of privilege;
- Issue a written decision including the reasons for the award.
Once an arbitration action is initiated, compulsory counterclaims must be brought in the same proceeding.
These arbitration provisions will continue even if you cancel your Hayver subscription or declare bankruptcy.
If you cannot afford the arbitrator fees in an arbitration action, contact Hayver Corp. and request assistance in paying the fees. We don’t want to be subjected to unreasonable litigation but we also do not wish for you to have no avenues for resolving a genuine dispute.
There are two exceptions to the agreement to arbitrate.
First, a special set of rules applies if you or your attorney subpoena our records for the purpose of showing a member’s purported drug or alcohol use. To make things clear, let’s call that type of subpoena an Unwelcome Subpoena. We are not interested in helping you with an Unwelcome Subpoena. If you or your lawyer gives one of them to us, two things will happen. First, we will send you a bill for our reasonable attorneys’ fees and expenses. If we think the Unwelcome Subpoena is unreasonable and choose to fight it, our bill will also include reasonable attorneys’ fees for fighting the subpoena. We may sue you to collect on our bill and if we do, this is an instance in which arbitration will not be available to either you or us. If we sue to collect on a bill for an Unwelcome Subpoena, you waive any objections to our bringing suit against you in Fulton County, Georgia, or any other place where Hayver Corp. is headquartered. You agree that Georgia law will be applied, even if Georgia’s conflict rules says another state’s law should apply.
The second thing that will happen if you or your lawyer gives us an Unwelcome Subpoena is that we will provide affidavits attesting that the records we maintain have very little reliability from a legal perspective. For example, we measure compliance with Hayver procedures, not alcohol or drug use. Anyone with a password can pretend to be a member. The test cups are screening tests, not definitive tests. Tests are conducted at home and without any legal proof that the test specimen belongs to a member. A Sobriety Date, while designed to be set by the member, may have nothing at all to do with actual intake of drugs or alcohol. The list of our disclaimers is long.
The second exception to arbitration comes into play if you are using our site or our software without authorization. If you fall into this category, only Hayver will have the right to choose arbitration. If Hayver does not choose to arbitrate, you will be forced to present any defenses and pursue any claims you might have in a court of law. The determination as to whether you have authorization to use our software will be made in a court of law, not in arbitration.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND HAYVER CORP. WILL BE DETERMINED UNDER GEORGIA LAW EVEN IF GEORGIA’S CONFLICT RULES SAY OTHER RULES APPLY. YOU ALSO AGREE THAT YOU WILL ONLY BRING ACTIONS (INCLUDING ARBITRATION, LEGAL, AND THIRD-PARTY CLAIMS) AGAINST HAYVER CORP. (OR ANY OF ITS OFFICERS, EMPLOYEES, OR DIRECTORS) IN FULTON COUNTY, GEORGIA, OR WHERE HAYVER CORP HAS ITS CORPORATE HEADQUARTERS. IF YOU ARE AN AUTHORIZED USER, HAYVER WILL ONLY BRING ACTIONS AGAINST YOU IN A COUNTY, FEDERAL JUDICIAL DISTRICT, OR STATE WHERE YOU RESIDE.
IF THERE IS NO ARBITRATION AND A LEGAL ACTION PROCEEDS IN A COURT OF LAW, SUCH SUIT MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OF OTHER USERS, OR LITIGATE IN COURT ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. TO THE MAXIUM EXTENT THE LAW ALLOWS, THIS SAME LIMITATION APPLIES 1) TO THIRD-PARTY CONTRACTORS WHO PERFORM SERVICES FOR HAYVER SUCH AS SUPPORT SERVICES, DEVELOPMENT SERVICES, OR CREDIT CARD SERVICES AND 2) TO HAYVER CARE NETWORK MEMBERS WHO RELY ON THE HAYVER SOFTWARE SUCH AS RECOVERY CENTERS AND SOBER LIVING HOMES.
These Terms and Conditions cannot be modified unless they are modified in writing by us. No oral statements by us will change what is written.
If any part of our Terms and Conditions is found to be invalid, the parts that are valid will still apply.
Partners can use spot check.