Terms of Use

Updated as of January 27, 2021

Thank you for choosing NineBx, Inc. (“Company”) for your business. The Company provides its services vis a vis its mobile application (“App”), website located at www.ninebx.com (the “Website”), and all of the Company’s other products and/or services, interactive features, widgets, and/or other online services that post a link to these Terms of Use, and all content offered as a part thereof (collectively referred to as the “Services”).

These Terms of Use, including the End User License Agreement contained herein (collectively referred to as the “Agreement”) apply to any use of and access to our App, Website, and/or Services by you and/or your agents (collectively, “you”). When you use our App, Website, and/or Services, you are agreeing to our terms, so please carefully read the Terms of Use and the Privacy Policy, incorporated herein, as these documents contain important information regarding your legal rights and obligations.

THIS DOCUMENT, THE TERMS OF USE, IS A LEGAL AGREEMENT BETWEEN THE COMPANY AND YOU WHICH GOVERNS YOUR USE OF THE APP, WEBSITE, AND/OR SERVICES. YOUR USE OF THE APP, WEBSITE, AND/OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE AND THE PRIVACY POLICY INCORPORATED HEREIN; AND YOUR REPRESENTATION THAT YOU ARE:

(1) AT LEAST 18 YEARS OF AGE, IF YOU ARE THE PRIMARY ACCOUNT HOLDER OR CO-ADMIN;

(2) AT LEAST 16 YEARS OF AGE, IF YOU ARE A SECONDARY ACCOUNT HOLDER INVITED TO USE OUR APP, WEBSITE, AND/OR SERVICES BY THE PRIMARY ACCOUNT HOLDER OR CO-ADMIN; OR

(3) IF UNDER 16 YEARS OF AGE, YOU WERE INVITED TO USE OUR APP, WEBSITE, AND/OR SERVICES BY YOUR PARENT OR LEGAL GUARDIAN. In this case, the Company shall make reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility over anyone under 16 years of age, taking into consideration available technology.

IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, YOU ARE NOT PERMITTED TO USE THE SERVICES. If you accept these Terms of Use and using the Services on behalf of a company, organization, third-party individual, or other legal entity, you represent and warrant to the Company that you have full power and authority to do so.

Effective Date

This Agreement is effective (“Effective Date”) on the date you first access or use the App, Website, and/or Services, whichever is earlier.

The below terms in this End User License Agreement (“EULA”) specifically apply to your use of the App provided by the Company.

By continuing to use the App, you agree as follows:

If you do not agree with the terms and conditions in this EULA, please discontinue all further use of the App.

The Company grants you a single, non-exclusive, non-transferable and limited personal license, not business license, to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in this EULA. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof.

Any communications or material of any kind that you email, post, or otherwise transmit to the Company using the App, including data, with the express exception of any Personal Information, as the term is defined in the Company’s Privacy Policy, that you may provide to the Company; questions; comments; and/or suggestions to us (your “Communications”) will become the property of the Company. You hereby grant a license to the Company to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

You agree to be bound by any affirmance, assent, or agreement you transmit to the Company using the App, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the App, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.

Your carrier’s data rates may apply to your use of the App.

The following requirements apply to your use of the Application:

The App and Website are owned by the Company or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to the Company or its affiliates or agents. Nothing contained in the App or Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the App or Website without the written permission of the Company or such third party that may own the trademarks displayed in the App or Website. Your use of the trademarks displayed in the App or Website, or any other content in the App or Website, except as provided herein, is strictly prohibited.
Images displayed through the App, Website, and/or Services are either the property of, or used with permission by the Company or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the EULA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

By creating an online account with the Company (“Account”), you are granted a right to use the App, Website, and/or Services provided by the Company subject to the restrictions set forth in these Terms of Use and the Privacy Policy, incorporated by reference herein.

Our Account registration process will ask you for information including your name, email and/or physical address, phone number, etc. (hereinafter, collectively referred to as “Personal Information,” as defined in our Privacy Policy). By registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration process. You further agree that you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated information in your Account, or notify us in writing regarding your corrected or updated information.

We may verify your provided information, as required for your use of and access to the Services.You agree to maintain your Account solely for your personal, not business,use.

The foregoing “Age Restrictions” articulated above are incorporated here by reference. All users and invitees to the App, Website, and/or Services must comply with the foregoing “Age Restrictions” designated herein.

As primary Account holder, you agree to be responsible for ensuring that all users on your NineBx account comply with these Terms and Privacy Policy. You herein acknowledge that NineBx uses Account credentials to know whether users using services are authorized to do so. You agree to be responsible for acts of any users that access the App, Website, and/or Services under your Account credentials.

A designated co-admin must follow the same guidelines issued to primary Account holder. If you are a co-admin, by using the App, Website, and/or Services, you agree herein to these Terms.

You are solely and entirely responsible for maintaining the confidentiality of your Account, and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account, including any charges incurred relating to the Services. Should you choose to voluntarily share your Account or the contents therein with any other person or party, you share the foregoing at your own risk.

The primary Account holder must select account Master Password at time of signup. The Master Password is known only to account user(s), and is used to encrypt/decrypt all uploaded data, with the express exception of any account-related Personal Information or data required by the Company to administer the Account. Users may store the foregoing data in the App, and this data is synced and backed up on NineBx servers. The primary Account holder will be required to share the account Master Password with others who s/he has invited to have Account access.

For your security, the Master Password is never stored on our servers. Neither NineBx employees, nor any of its contractors will have access to your account Master Password. Please remember your Master Password. NineBx will not ask users for their password via mail, email, or phone, or in any other manner. Users should not share their Master Passwords with anyone who claims to be a NineBx employee or representative.

The Company is not liable for any harm caused by or related to the theft of your Account, your disclosure of your Account, or your authorization to allow another person to access or use the Services using your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services and/or the Website cannot be guaranteed in the event of breach.

As part of the functionality of the Services, and pursuant to our Privacy Policy, which is incorporated herein, we offer you the option to link your Account with online accounts you may have with third parties such as Facebook, Google, etc. (“Third Party Account”). For example, if you “Like” or “Tweet” material on our App or Website, you may be redirected to Facebook or Twitter to log in to share said material. In doing so, you may allow the Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you own and are entitled to disclose your Third Party Account login information to the Company and/or grant the Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account. The Company will not pay any fees or be subject to any usage limitations imposed by such third party service providers.

By granting the Company access to any Third Party Accounts, you understand that: (i) the Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (hereinafter, “Simple Notification Service Content” or “SNS Content”, as abbreviated herein) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) the Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Please note that if a Third Party Account or associated service becomes unavailable or the Company’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services.

Depending on the Third Party Accounts you choose to link with the App, Website, and/or Services, and subject to the privacy settings that you have set in the Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the App, Website, and/or Services. Depending on your privacy settings, the Company may access your contacts associated with a Third Party Account, solely for the purposes of identifying and informing you of those contacts who have also registered to use the App, Website, and/or Services, unless you expressly tell us not to do so in writing.

Finally, you will have the ability to disable the connection between your Account and your Third Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.

The Company makes no effort to review SNS Content by any Third Party Accounts for any purpose, including but not limited to, for accuracy, legality or non-infringement, and the Company is not responsible for any SNS Content by Third Party Accounts.

By creating an online Account with the Company, you will get access to a basic version of the App, Website, and/or Services, with limited features and functionality at no cost to you. In order to be able to access premium features and functionality, you will have to upgrade your plan to an annual, auto-renewing subscription (“Paid Account”), in accordance with the terms below:

You authorize us to receive payment(s) for the App, Website, and/or Services, vis a vis our third-party payment providers, using the payment information you have supplied. Specifically, you will be required to provide your credit card or bank account details to the third-party service providers such as, but not limited to, Google and Apple, and/or register with the third-party service provider to process payment(s) for the Services. You agree to provide the third-party service provider with accurate and complete information about you for the purpose of processing payment(s), including but not limited to the service fees owed to Company for the use of the Service and App.

The Company reserves the right, in its sole discretion (but not the obligation), to: (i) place on hold any payment and out of pocket expenses; and/or (ii) refund, provide credits or arrange for the third-party service provider to do so, as necessary.

If you believe a payment has been processed in error, you must provide written notice to the Company at support@ninebx.com within thirty (30) days after the date of payment specifying the nature of the error and the amount in dispute. If the Company does not receive notice within such thirty (30) day period, the payment will be deemed final and valid.

While the Company takes what it believes to be reasonable efforts to ensure secure transmission of your information to the third-party service provider that assesses and processes payment(s), the Company is not responsible for any fees or charges assessed by third party service providers, or any errors in the processing of payment(s) by third party service providers, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. Your sole recourse is with the third-party service provider that processed the payment(s).

We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. The Company further reserves the right, in its sole discretion, to terminate your Account on the App, Website, and/or Services if you violate these Terms of Use or for any reason or no reason at any time. We may also suspend your access to the App, Website, and/or Services, and your Account if you: (a) have violated the terms of these Terms of Use, any other agreement you have with the Company; (b) pose an unacceptable credit or fraud risk to us or Users; (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct; or (d) for any other reason in the Company’s sole discretion, including but not limited to your (in)activity on the Account.

Termination of Service includes removal of access to Service and barring of further use (unless you re-subscribe). Termination may also include deletion of Account Credentials, Synched Data and all related information, files and content associated with or inside your Account. Please note that any termination of the Services will not delete any Stored Data on your device and/or computer, and you are solely responsible for the deletion of such Stored Data. NineBx will not have any liability whatsoever to you for any suspension or termination, including deletion of your Synched Data. In most cases, in the event we elect to close your Account, we will provide at least thirty (30) days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from providing such notice or enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that Account or otherwise use the Service through that Account.

If your Account is terminated or suspended by us for any reason or no reason, you agree: (a) to continue to be bound by these Terms of Use; (b) to immediately stop using the Services, (c) that any licenses granted to you under these Terms of Use shall end; (d) that we reserve the right (but have no obligation) to hide or delete all of your information and account data stored on our servers; and (e) that the Company shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion or hiding of your information or account data. You agree that the Company may retain and use your information and account data as needed to comply with investigations and applicable law, and as indicated in the Company’s Privacy Policy.

You may self-terminate your Account by notifying NineBx at any time. Notice in writing may be sent to support@ninebx.com from the email address associated with your Account. After confirming you are the Account owner, we will remove your accounts, transactions, and login information from our records and will only continue to retain such information as we are required by law to retain.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the App and Services, or in connection with any termination or suspension of the Account on our App or our Services. Any termination of these Terms of Use does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us, as provided in these Terms of Use.

Your content/Account will remain private and confidential, even after your death or incapacity. Your content/Account may only be accessed by someone who holds your Account master password. As the Company does not know your Account master password, we are not able to provide your Account login information or your Content, to anyone, even next of kin. In the event of death or incapacity, you may implement a process of providing your Account Information/credentials to a third-party, within the guidelines listed herein, such that said person may access and/or terminate your Account after your death or incapacity. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account, after your death or incapacity, will have the means to do so

We recognize that you may want to tell your friends and colleagues about our App, Website, and/or Services. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to this Website, our App, and/or Services, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with the Company or cause any other confusion, and (c) the links and the content on your website do not portray the Company or its App or Services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to the Company. The Company reserves the right to suspend or prohibit linking to the Website, App, and/or Services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

As discussed in the Company’s Privacy Policy, incorporated herein, the Company owns all rights, title and interest in and to the App, Website, and/or Services, the Company Data and Aggregated Data, including, without limitation, all intellectual property rights therein. Subject to the limited rights expressly granted to you under this Agreement and the Privacy Policy, the Company reserves all rights, title and interest in and to the Services, the Company Data and Aggregated Data, including, without limitation, all related intellectual property rights. The Company’s service marks, trademarks, logos and product and service names are owned by the Company. You agree not to display or use any the Company marks in any manner without the Company’s express prior written permission.

In addition, any trademarks, service marks and logos associated with a Third Party Offering may be the property of the third party provider, and you should consult with their trademark guidelines before using any of their marks.

Any information and data that you submit to the App, Website, and/or Services must not violate the intellectual property rights of third parties.

Finally, as specified in the Company’s Privacy Policy, you grant us a license to use your customer feedback in connection with providing the Services and for general marketing purposes, unless you notify us otherwise in writing.

As indicated in our Privacy Policy, incorporated herein, we offer publicly accessible message boards, blogs, and community forums to which you or other Users may contribute. Our blog/public forum allows you and other Users to guest blog and post content such as videos, photos, and advertisements with respect to the Services. Posted information on our blog/public platform may be collected and used by others.

You agree not to post any content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy.

The Company reserves the right, but is not obligated, to reject and/or remove any User content on the blog/public forum that the Company believes, in its sole discretion, violates these provisions. We also reserve the right to block or remove any content we deem inappropriate, obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, tortious, illegal, threatening, or otherwise objectionable, regardless of whether it was intended to be private or public. Since we do not review all content on our Website, we cannot guarantee that we will be able to take protective measures in the event that any User posts content that violates the terms of this provision. However, when we become aware of content that we consider violates this provision (i.e., is offensive or could compromise the privacy of your personal or confidential information or that of another person), we will make a good-faith, reasonable effort to block or remove such content.

The Company takes no responsibility and assumes no liability for any User content that you or any other User or third party posts or sends over the App, Website, and/or Services, or any action you take in reliance on any User content posted by another User. You shall be solely responsible for your User content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User content.

Furthermore, you understand and agree that you may be exposed to other people’s User content that may be inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that the Company shall not be liable for any damages you allege to incur as a result of exposure to such User content.

You may self-edit and/or remove the content you posted on the App, Website, and/or Services by logging into your Account. Or, to request removal of any content that you believe violates this provision or that you previously posted on our blog/community forum, please contact us at support@ninebx.com. In some cases, we may not be able to remove your content, especially if it was already re-posted by another User. If this is the case, we will let you know if we are unable to do so and why in response to your request.

The Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Services, Website, or App, then you may send us a written notice that includes all of the following:

(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website and/or App screens on which the material appears);

(iv) your full name, address, telephone number, and email address;

(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

(vii) your electronic or physical signature.

The Company will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses set forth in the “Notice” section of this Agreement.

It is often difficult to determine if your copyright has been infringed. The Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and the Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting the Company’s other rights, the Company may, in appropriate circumstances, terminate a repeat infringer’s access to the Services, Website, and/or any other website owned or operated by the Company.

Counter-Notification. If access on the Website or App to your submission to the Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

(i) a legend or subject line that says: “DMCA Counter-Notification”;

(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Website from which the material was removed or access to it disabled);

(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(iv) your full name, address, telephone number, e-mail address, and the username of your account;

(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of Indiana), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and

(vi) your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

As specified in the Company’s Privacy Policy, incorporated herein, we will own all Aggregated Data, and the Privacy Policy will govern how we collect and use Personal Information that is submitted through the App, Website, and/or Services. By accessing or using the App, Website, and/or Services, you agree to that you have read and accept our Privacy Policy.

As explained in our Privacy Policy, we have controls in place to prevent outside parties from stealing or accessing your data and Personal Information, but they are not foolproof. Please exercise caution when disclosing any Personal Information while using our App, Website, and/or Services. We will notify one another if either of us becomes aware that your Personal Information has been compromised.

As outlined in the Company’s Privacy Policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk, and agree that you have read and assented to the Company’s Privacy Policy.

Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information. There is a section in the App where users can enter their personal health information. However, all such information is fully encrypted, and stored only in the user’s Account.

Any Personal Information related to your or other’s health is not provided to us via our App as an official diagnosis by a healthcare provider. Since our App merely helps you record your own health data, we do not fall under HIPAA. Our App is not required to be HIPAA-compliant.

If you are concerned about the security of your health information, you should not share it, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, vis a vis our App.

The App, Website, and/or Services are not intended to communicate protected health information, nor comply with HIPAA, as our App does not fall under HIPAA. If you do share any protected health information, you do so at your own risk.

The Company may display advertisements and promotions on or in connection with the App, Website, and/or Services, some of which may be paid for by third parties. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other advertising messages. Your interactions with advertisers found on or through the App, Website, and/or Services, including, without limitation, all reliance upon advertising, all commercial transactions arising out of said advertising, and any legal obligations associated with said advertising, are solely between you and such advertisers.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE APP, WEBSITE AND/OR SERVICES.

THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APP, WEBSITE AND/OR SERVICES WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE APP, WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE APP, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “THE COMPANY PARTIES”).

You agree to indemnify, defend, and hold harmless the Company and its Parties from and against any and all third party claims alleged or asserted against any of them, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys’ fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of this Agreement; (b) any access to or use of the Services, App, and/or Website; (c) any actual or alleged violation by you, an affiliate, or end User of the intellectual property, privacy or other rights of a third party; and (d) any dispute between you and another party and/or User regarding ownership of or access to the data you enter on our App.

THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF PAYMENT DATA IN CONNECTION WITH OUR APP, WEBSITE, AND/OR SERVICES. THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES PAID PRECEDING THE DATE OF THE INCIDENT. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES.

IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF SERVICES OR OTHERWISE.

THE FOREGOING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

These Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

I hereby acknowledge that I have read and understand the foregoing terms of use, including the company’s privacy policy, and agree that my use of the services is an acknowledgment of my agreement to be bound by the terms and conditions of these terms of use and the company’s privacy policy incorporated herein.