This IHEALTH Software End User License Agreement (the “Agreement”)
governs your use of all software (“Software”) that you may download,
install, or use on your computer, mobile devices or other peripherals,
which software may include firmware that will run on hardware manufactured
by us (“Hardware”), as well as any updates, patches, fixes and revisions
that we provide thereto. By using the Software, you agree to be bound by
this Agreement. We may change these terms at any time. The Software is
intended to be used with the IHEALTH Service, use of which is subject to
the Terms and Conditions.
License. Subject to your compliance
with the terms and conditions of this Agreement, IHEALTH LABS, Inc.
(“IHEALTH” or “we” or “us”) grant you a limited, non-exclusive and
non-transferable license to use the Software on a computer or other
device, and to use the firmware on the Hardware manufactured by us for
your personal use. In the event you sell or otherwise transfer the
Hardware to a third party, such third party must agree to the terms of
this Agreement prior to using the Software. Your use of the Software may
also require you to use certain services provided by us, the use of which
is governed by our Terms of Service (the “IHEALTH Service”). For the
avoidance of doubt, Software may include desktop applications, firmware,
mobile applications and web applications. We recommend against installing
the Software on non-private computers as your private information may be
compromised.
Ownership. We and our licensors and/or suppliers,
as applicable, retain all right, title and interest to the Software,
including all patents, copyrights, trademarks, trade secrets contained
therein.
Restrictions. You may not distribute the Software,
including by electronic transfer from one computer to another, over a
network or otherwise. You may not (i) decompile, reverse engineer or
attempt to reconstruct, identify or discover any source code, underlying
user interface techniques or algorithms, disassemble, or otherwise reduce
the Software to a human perceivable form; (ii) modify, adapt, translate,
rent, lease, loan, resell, distribute, or create derivative works based
upon the Software; (iii) grant any sublicense, leases or other rights in
the Software to any third party; (iv) erase or otherwise attempt to create
your own software to use with the Hardware; or (v) take any action that
would cause the Software to be placed in the public domain. You agree not
to modify any data used by the IHEALTH Service, nor to access data in any
format except as provided via the IHEALTH Service. You may not remove the
copyright notices or other proprietary legends from the Software.
Warranty
Disclaimer: THE SOFTWARE IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT
EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. We will have no responsibility for any harm to your
computer system, loss or corruption of data (including your VITALS), or
other harm that results from your use of the Software. We do not warrant
that the Software will meet your requirements or that the operation
thereof will be uninterrupted or error free. Some states do not allow the
types of disclaimers in this paragraph, so they may not apply to you.
Not
Medical Advice. IHEALTH is not providing medical advice via the Software.
The Software is not intended for use in the diagnosis, cure, treatment or
prevention of disease.
Limitation of Liability: To the fullest
extent permitted by law, in no event will IHEALTH LABS, INC., its
affiliates, officers, employees, agents, suppliers or licensors be liable
for (1) any indirect, special, incidental, punitive, exemplary or
consequential damages (including loss of use, data, business or profits),
regardless of legal theory, even if we have been warned of the possibility
of such damages and even if a remedy fails of its essential purpose; (2)
direct damages for all claims arising from this Agreement in an amount
greater than $100. Some states do not allow the types of limitations in
this paragraph, so they may not apply to you.
Use of Data. By
using the Services you may upload personal information, such as your name,
email, height, weight and age (“Personal Data”), and information contained
in the hardware you purchase from us, (“Vitals”). The IHEALTH Service uses
the Personal Data and the VITALS to provide you with access to those
portions of VITALS that will help you utilize the IHEALTH Service.
“Viewable Data” is that portion of the VITALS and Personal Data that has
been analyzed by the Services and made available to you for viewing as
part of the Services. Our use of Personal Data, VITALS and Viewable Data
is outlined in our Privacy Policy.
You May Share Your Data. The
Services provide features that allow you to share Viewable Data with
others or to make it public. There are many things that users may do with
Viewable Data, and Viewable Data may provide intimate personal information
about you to the viewer. Please consider carefully what you choose to
share or make public. IHEALTH has no responsibility for the portions of
the Viewable Data that you elect to share. We will not share your Data
with a third party or third-party product without your consent.
Feedback.
We do not grant you any right, title, or interest in the Services or any
Content on the Site. We appreciate it when users send us feedback, but
please only provide feedback, comments, or suggestions that you agree we
may use to provide the Service to you and others.
Miscellaneous
Legal Terms. This Agreement is governed by California law, excluding
California’s choice-of-law rules. The exclusive venue for any dispute
relating to these terms and conditions is San Francisco County California.
Both parties consent to the personal jurisdiction of these courts. Nothing
in this agreement limits either party’s ability to seek equitable relief.
This Agreement constitutes the entire and exclusive agreement between you
and IHEALTH Science, Inc. with respect to your use of the Software, and
supersedes and replaces any other agreements, terms and conditions
applicable to the Software. This Agreement creates no third party
beneficiary rights. Our failure to enforce a provision is not a waiver of
our right to do so later. If a provision is found unenforceable the
remaining provisions of the Agreement will remain in full effect and an
enforceable term will be substituted reflecting our intent as closely as
possible. You may not assign any of your rights in this Agreement, and any
such attempt is void, but we may assign its rights to any of our
affiliates or subsidiaries, or to any successor in interest of any
business associated with the Software.
Your Rights Regarding
Your Information and Accessing and Correcting Your Information. You can
review and change your Personal Data by logging into our Vitals and
visiting the profile page of our Vitals. You may also notify us through
the Contact Information below of any changes or errors in any Personal
Data we have about you to ensure that it is complete, accurate, and as
current as possible or to delete your account. You can submit a request to
delete data at any time, and we will delete the data immediately after
receiving the request. We cannot delete your personal information except
by also deleting your account with us. We may also not be able to
accommodate your request if we believe it would violate any law or legal
requirement or cause the information to be incorrect. We can provide data
storage services for more than 6 years. You can also submit a data export
request to us. We will send the exported data in the manner requested by
the user (such as email, letter, etc.) within two weeks.
Data
Security. We have implemented measures designed to secure your Personal
Data from accidental loss and from unauthorized access, use, alteration,
and disclosure. We use encryption technology for information sent and
received by us. The safety and security of your information also depends
on you. Where you have chosen a password for the use of our Vitals, you
are responsible for keeping this password confidential. We ask you not to
share your password with anyone. Unfortunately, the transmission of
information via the Internet is not completely secure. Although we do our
best to protect your Personal Data, we cannot guarantee the security of
your Personal Data transmitted through our Services. Any transmission of
Personal Data is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained on
the Services.
For iOS users,This app is using the Apple HealthKit framework, and will
NOT store any users’ health information in iCloud.This app will NOT use
user data gathered from the HealthKit API for advertising or other
use-based data mining purposes other than improving health, medical, and
fitness management, or for the purpose of medical research.
This
app will NOT share user data acquired via the HealthKit API with third
parties without user consent.