Effective Date: August 15, 2017
The Company reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have engaged in any of the prohibited acts or practices set forth in these Terms. Such action may include cancelling your account, terminating your license to use the App, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Company.
NOTE: THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY DISEASE, OR TO REPLACE THE ADVICE OF A QUALIFIED PHYSICIAN. ANY ACTIONS TAKEN IN RELIANCE UPON INFORMATION OBTAINED VIA THE SERVICE IS AT YOUR SOLE RISK.
1. Service Description. For the purposes of these Terms, the Service offered by the Company means all functionality associated with the WoMoApp mobile application, which enables individuals primarily suffering from Inflammatory Bowel Disease (IBD) to input a variety of personal data, including activities, lifestyle choices, physical characteristics, and symptoms, for the purpose of obtaining insights into potential symptom triggering events and guidance on improving their quality of life, together with any future modifications and enhancements that may be provided by us. The Company reserves the right to modify or change the Service, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Service or any portion thereof, for any reason at any time, without notice.
2. End User License Agreement (EULA).
(a) Our License to You: The Company hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. The Company retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from the Company.
3. Age Restriction. The Service is not intended for children under 13 years of age, and you may not download the App or use the Service if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
4. License Prohibitions. You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Service;
(c) Modify, interfere with or disrupt the Service, or servers and networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Service;
(d) Reproduce, print, cache, store or distribute any information or content belonging to WoMoApp without our prior written permission;
(e) Access the Service by any means other than through the interface that is provided by WoMoApp;
(f) Collect or store personal data about other WoMoApp users;
(g) Use the Service to violate any law (whether local, state, national, or international), or the privacy rights of others, including but not limited to revealing personal information;
(h) Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or post any material that contains software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
5. Using the Service. To use the Service, you must create an account by establishing a username and password, and providing your email address, gender, diagnosis type, age, height, weight, and current medications. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password. The following terms apply to your use of the Service:
(a) Event Records: Once you have created your account, you will be able to input certain data elements (“Events”) that, when taken together, help us formulate a complete picture of how your activities and lifestyle affect your condition. This information will be transmitted to our servers and analyzed to generate useful statistics which can help you to better understand your condition and how to control your symptoms.
(b) Account Preferences and App Settings: You may adjust how you use the Service by adjusting your account preferences and App settings.
7. Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our Service, including but not limited to any reliance placed on the result data and other information provided through the Service. THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY DISEASE. In no event shall the Company be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your usage of the Service, including without limitation to losses incurred due to: (a) any injuries, death, or monetary loss resulting from your use of the Service; (b) software glitches, server failures, power outages, or any other issue beyond the Company’s control; (b) any delays in or failure of the Service to operate as described; (c) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.
8. Indemnification: You agree to defend, indemnify and hold the Company, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
9. No Warranty: the Company makes no representation or warranty that: (a) the Service will consistently provide accurate and reliable data; (b) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (c) servers that house the System are free of viruses or other malicious code; and (d) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
10. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration to be held in Nevada, USA before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
11. Choice of Law; Forum: You agree that the Service shall be deemed based in Nevada, USA, and is housed on a passive server that does not give rise to personal jurisdiction over the Company, either specific or general, in any jurisdiction other than Nevada, USA. This document shall be governed in all respects by the laws of Nevada, without regard to conflicts of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Las Vegas, Nevada. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Nevada for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
12. Limitation of Actions. Any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
13. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Service and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting a notice, and will also post the effective date of the change. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
16. For Certain Device Users: The Service may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the iOS or Google version of the Service, the following additional terms apply:
(a) These Terms are between you and the Company only, and not with the Platform Provider. The Platform Provider is not responsible for the Service or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of the Company.
(b) In unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
(c) The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Company is solely responsible for addressing any such claims.
(d) In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, the Company, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If you have any questions or concerns with respect to these Terms, please see our Support Page.
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