Updated and Effective as of: January 18, 2021
1. Acceptance and Binding Effect
2. Changes to These Terms
NONE OF THE SERVICES OR INFORMATION PROVIDED BY US CONSTITUTE (a) MEDICAL OR PROFESSIONAL ADVICE OR RECOMMENDATION OF ANY KIND, or (b) AN INDICATION OF RESULTS THAT MAY BE ACHIEVED.
The App requires your active engagement and participation, and you understand that, despite your efforts, individual user’s results may vary. We do not guarantee that your use of any of our Services will allow you to effectively manage your condition.
Please consult with medical professionals for any changes in symptoms and before starting or stopping any medication. If you believe there to be a medical emergency, please call your doctor or 911 immediately. We do not recommend or endorse any specific physicians, tests, products, procedures, opinions, or other information that may be referenced in our Services.
5. Links from our Services
6. Intellectual Property Laws
Your use of the Services is governed and subject to laws regarding copyright ownership and intellectual property. You agree not to upload, post, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyright, trademark, or other intellectual property or proprietary rights. You will be solely responsible for any violations of relevant laws caused by your use of the Services.
7. User Registration and Content
A user account will require the submission of your email address and a password. You may also be prompted to provide optional biographical information. You are responsible for all activities that occur under your user account. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the data you provide. You agree to 1) maintain the confidentiality of your password and user account information; 2) use your best efforts to prevent unauthorized access to, or use of, your account and notify us promptly of any unauthorized use; and 3) comply with all applicable local, state, and federal laws in using the Services.
You grant us a license to use any content you submit in connection with your use of the Services. By posting, displaying, performing, transmitting, or otherwise entering information or other content on our Services (“User Submission”), you are granting us a license to use the User Submission, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Submission. You will not be compensated for any User Submission. You represent that you own the rights to the User Submission or are otherwise authorized to post, distribute, display, perform, or transmit the User Submission and grant a license for same.
8. Prohibited Use
You are prohibited from violating or attempting to violate any security features of our Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Websites or App or overloading their servers through use of robot, spider, or other automatic device, process, or means; and (d) using the Services to send unsolicited e-mails, including, without limitation, promotions or advertisements for products or services.
You agree not to upload, perform, transmit, or otherwise distribute any content on our Services that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate the transmission or distribution of any such material on any of our Services and, if applicable, to delete any such material from our Services.
10. Subscriptions and Payment Processors
The App offers three Auto-renewing Subscriptions for its Premium Services on Apple’s App Stores.
• One-month subscriptions: one-month subscriptions automatically renew after each month, at a rate of $1.99 per month.
• Six-month subscriptions: six-month subscriptions automatically renew at the end of six months, at a rate of $9.99 per six months ($1.70 per month for six months).
• One-year subscriptions: one-year subscriptions automatically renew at the end of a year, at a rate of $17.99 per year ($1.50 per month for 12 months).
Purchase of Subscriptions through Apple is governed by Apple’s terms: https://www.apple.com/legal/internet-services/itunes/us/terms.html. Subscriptions may be canceled through Apple (see https://support.apple.com/en-us/HT202039).
11. Disclaimer of Warranties
OUR SERVICES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKES NO REPRESENTATION OR WARRANTY THAT OUR CONTENT OR ANY SERVICES PROVIDED WILL BE ACCURATE, RELIABLE, ERROR-FREE, FREE OF VIRUSES, UNINTERRUPTED, OR OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF THE USER. YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE TRIAL BY JURY AND ANY RIGHT TO FILE A CLASS ACTION CLAIM OR SEEK RELIEF ON A CLASS-ACTION BASIS. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to firstname.lastname@example.org.
Notwithstanding the above, you agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
13. Limitation of Liability
To the extent permitted by law, our liability to you will be limited under the terms of this paragraph. In no event will the Company be liable for any indirect, special, incidental, consequential, or punitive damages related to your use or inability to use our Services or access any of their contents. This limitation shall apply whether the damages arise out of breach of contract, tort, or any other legal theory, and preclude recovery of damages such as pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business, loss of use, and loss goodwill, regardless of the foreseeability of those damages.
15. Governing Law
16. Entire Agreement
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