Last Updated: April 5, 2025

Please read these Terms of Use carefully before using our services. By using the Icario programs and services you are agreeing to these Terms and Conditions. Icario may update these Terms and Conditions from time to time.

By using this Icario website or any related tools, products or services (collectively, the "Program"), you signify your acceptance to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use our Program.

Icario, Inc. ("Icario") may revise, modify or amend these Terms and Conditions at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to the website or notifying you. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued use of this Program will mean you accept those changes.

Icario reserves the right at any time to modify or discontinue, temporarily or permanently, all or any part thereof, or our Content (as defined below), with or without notice.

Program Sponsor Terms and Conditions

Health plans (“Program Sponsors”) engage Icario to deliver the Program. Your Program Sponsor may have their own terms and conditions that apply to your participation in the Program. You should read the Program Sponsor’s terms and conditions and their privacy notice as well.

No Medical Advice

The content delivered to you as part of the Program, including text, graphics, images, tools, products, services and other material contained on this website ("Content") is provided by Icario for informational purposes only. Nothing contained in the Content is intended to be medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining professional medical advice from your doctor or other qualified health provider because of any Content provided as part of the Program.

Honesty and Accuracy

You agree to be honest and truthful in how you participate in the Program. You agree not to impersonate another member or to allow anyone else to participate in the Program using your credentials. You agree that all the information you provide us with will be true, accurate and complete to the best of your knowledge. You agree that you will utilize the Program for its intended purpose and not falsify information. We reserve the right to periodically review your activity information to safeguard against Program abnormalities and Program abuse.

Communications

By enrolling in the program and providing contact information, you are consenting to receive communications from us regarding the Program via email, SMS texting, recorded messages, and live agent phone calls. You may opt out of any of these communications by unsubscribing to emails, opting out of SMS texts, opting out of IVR calls, or declining live agent calls.

Rewards and Incentives

Depending on the design of your specific Program, you may be eligible for rewards and incentives for participating in the program. Those rewards and incentives may be in the form of gift cards, stored value cards or rewards cards (each a “Card”). You are responsible for reading the terms and conditions that apply to each Card when you choose it. Some Programs may also offer you an opportunity to choose from available items that you may have us ship to your address on file. All items will be offered as-is subject to the original manufacturer’s warranty. Icario does not offer any warranty on any items shipped to you, including the warranty of merchantability or fitness for a particular purpose.

Copyrights and Trademarks

Icario authorizes you to view, use, or download Content solely for your personal, noncommercial use. The Content is protected by copyright and trademark laws. Ownership of all intellectual property rights to the Content remains with Icario or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features of the Program are subject to change or termination without notice at the editorial discretion of Icario. All rights not expressly granted herein are reserved to Icario and its licensors.

No Unlawful or Prohibited Use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use this website, or any aspect of the Program, in any manner which could damage, disable, overburden, or impair the website or interfere with operating the Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Program. Unauthorized entry, referred to as hacking, into any portion of this website, or any services offered through the Program, may constitute a crime under federal or state law and may be prosecuted to the fullest extent of the law.

Disclaimers and Limitation of Liability

The Program, the Content and this website are provided on an “as is” basis. To the fullest extent permitted by law, Icario, its officers, directors, employees and agents disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose,

To the maximum extent permitted by law, in no event will Icario and its officers, directors, employees, or agents be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, whether in tort, contract or otherwise, relating in any way to your use or inability to use the Program or your reliance on any behavioral recommendations through the Program. In no event shall the aggregate liability of Icario, whether in contract, warranty, tort, strict liability or other theory, relating in any way to the use or inability to use the Program or your reliance on any behavioral recommendations through the Program, exceed the amount of rewards earned by you during the last 12 months. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

Security

Icario provides industry standard security to protect your information processed as part of the Program. However, no security program can guarantee total protection. As part of the security program, you are responsible for maintaining the security of your personal access credentials to access the Program to prevent unauthorized access by individuals using your username and password.

Links to Other Sites

Icario may provide you with links to other websites ("Linked Sites"). Icario is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site, or for webcasting or any other form of transmission received from any Linked Site. The Linked Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by Icario of the site or any association with its operators. Your use of any of the Linked Sites is at your own risk and discretion and subject to the terms and conditions of use for the Linked Sites.

Termination and Access Restriction

Icario reserves the right, in its sole discretion, to terminate your access to the Program and any portion thereof at any time, without notice, including removing your access to any websites.

Indemnification

You agree to defend, indemnify and hold harmless Icario and its affiliates, and their directors, officers, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Disputes

Any dispute or claim relating in any way to your participation in the Program will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

By agreeing to arbitration, you understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this agreement. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these rewards terms as a court would.

The arbitration will be conducted by the AAA under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

We both agree that we won’t bring any class or consolidated action suits under these Terms and Conditions. We also agree that we waive the right to any jury trial for any dispute brought in court rather than arbitration.

Applicable Law

The Federal Arbitration Act, applicable federal law, and the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that might arise between you and us.

Contact Information

If you have any questions, comments or concerns about this Notice, you may contact us via email at icariolegal@icariohealth.com.

Or you can write to us at:

Icario, Inc
Attn: Legal
5401 Gamble Drive; Suite 201
Minneapolis, MN 55416