Thanks for using our service! ehealthVitals® (ehv) is brought to you us to enhance effectiveness of the Health Care by reducing the cost and increasing the user/ care provider/care professional engagement, by considering all present day hurdles. By using ehv and any other products or services that we or our service providers offer you over your computer, the web, the ehv mobile app on mobile and tablet devices (the Mobile App), you are entering into a binding legal agreement with us, in which you agree to be subject to and bound by: (i) these Terms of Service; (ii) our Privacy Policy; and (iii) our Acceptable Use Policy.
If you are unwilling or unable to be bound by these Terms of Service, please don’t use the Service.
We sometimes use specially defined terms in these Terms of Service. When we do, we will capitalize that term once we’ve defined it. For example, when we use the word “Service,” we collectively mean ehv, and any other associated products or services that we or our partners or service providers might offer. That, lets people from around the world to know their healthcare vitals, provide or get the health care at the convenience of their respective locations, with minimal or no visit to the health care centers and to communicate with their care professionals and/or Physicians and/or their staff, get care support from friends and family, get prescriptions for tests and pharma supplies, in short we call all this as personal healthcare management for general users and Remote Health Monitoring for providers and professionals.
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To use the Service, you will need to request to create an account with us and provide certain information about yourself, including your name, mobile phone number and other data as required for the service and a password you create. Unless you are a parent who is creating an account for a child who is 13 or older, you agree not to create an account on behalf of anyone other than yourself, and you agree to provide accurate, current and complete information, to have more meaningful service. You are responsible to have synchronization with other gadgets, if needed, for the type of service you have selected with us. You are responsible for maintaining the confidentiality of your account password from your end. You agree that you are solely responsible for any activities that occur in connection with your account, whether or not you have authorized such activities. You agree to notify us immediately of any unauthorized use of your account.
Subject to your compliance with these Terms of Service, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to download and install a copy of the ehv web application and or ehv mobile app which allows you to access and use the ehv Service on web and/or mobile devices that you own or control the data only not the product, and to use those copies of the Mobile App solely for your own personal use or for your organization or for your assigned patients. We reserve all rights in the Web and/or Mobile App not expressly granted to you by these Terms of Service.
We currently offer our Services nominal charges, but we reserve the right to make changes to these paid features and/or charge(s) in the future. If we do so, you will be given the option to opt into these new features and/or charges. Regardless of whether we charge for all or any part of the Service, you agree that your carrier’s normal rates and fees will still apply for whatever device(s) you use to access the Service, and that you are fully responsible for paying all such charges, rates, and fees to your carriers / service providers. The sensors and wearable devices, we bundle in some of ehv business models needs specific requirements for extracting meaningful use of them, all such requirements are to be created by user at the point of use of our and/or ours collective services.
If you choose to purchase, you expressly authorize us or our payment processor to charge the payment you provide for all the applicable fees. Except as expressly set forth below, all fees are non-refundable. All fees and applicable taxes, if any, are payable primarily in United States dollars or as specified based on your contract and origination country.
When you purchase services we may offer, there will be a one-time charge for that purchase. Once you purchase these features and use all or any of them, or cancel your account before using all of them, you will not be entitled to any refund. We reserve the right to terminate or suspend your use of Services at any time and for any reason, without liability, pursuant to the terms of Section 13 of these Terms of Service. If we terminate or suspend your account with or without cause, in accordance with the terms of Section 13 of these Terms of Service, you will not be entitled to a refund for any fees you paid to us for these Services, unless provided otherwise in the terms of sale.
The Service may contain links to websites or applications offered by third parties, including advertisements (“Third Party Sites”). We don’t control or endorse Third Party Sites. Your use of any Third Party Site is entirely at your own risk and discretion.
“Content” means text, images, photos, audio, video, location data, Health demographics, reports, charts, prescriptions, usernames, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “ehv Content” means Content that we create (majorly reports, assessments, charts etc.,) and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than ehv or its users, which is made available in connection with the Service.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance upon its quality, accuracy, or reliability, or any disclosure you make that makes you personally identifiable. You acknowledge that you own, or have the necessary permissions to use and/or authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by ehv. You acknowledge that you may expose yourself to liability if: Your Content contains material that is false, intentionally misleading, or defamatory; violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including, but not limited to hate speech or spam; exploits or otherwise harms anyone; and violates or advocates the violation of any law or regulation.
We may use Your Content in a variety of different ways as permitted by our Privacy Policy, incorporating it into reports, collections, marketing materials and other works, creating derivative works, summaries, or aggregations from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you grant us (ehv, its subsidiaries, and affiliates) the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sub-licensable (through multiple tiers), transferable right to use Your Content for any purpose (including, without limitation, the rights to use, reproduce, publicly perform or display, distribute, adapt, publish, modify, translate, incorporate into other works in any form, media, or technology, and create derivative works of Your Content, in whole or in part, throughout the world in any media). Finally, you irrevocably waive, and cause to be waived, against ehv and its users any claims and assertions of moral rights or attributes with respect to Your Content.
We gather and compile information and data about our users and their usage of the Service on a collective basis, in a manner, which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge, and agree that we are the sole authorized of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any media or form, without harming your identity and related credentials.
We reserve the right to remove, screen, edit, or disable access to any of Your Content, without notice to you, that we consider, in our sole discretion, to be in violation of these Terms of Service or otherwise harmful to the ehv Service.
While we are under no obligation to review or verify Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate Service third parties, and we may cooperate with such authorities as they may request, all without liability to us.
As between you and ehv, you own Your Content. We exclusively own the ehv Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service (excluding Your Content, User Content and Third Party Content).
We, or our licensors also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP” Rights) associated with the ehv Content and the Service. These Terms of Service do not grant you any right, title, or interest in the ehv Service, Network, or Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your Content (including, without limitation, the ehv Content, other User Content, or Third Party Content), in whole or in part, except as expressly authorized by the owner of the Content.
We welcome your feedback, ideas, proposals, comments and suggestions for improving our Service (collectively, “Feedback”). By sending us Feedback, you agree that: (i) your Feedback doesn’t contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, expressed or implied, with respect to your Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; (iv) we own all right, title and interest in and to your Feedback, even if you have designated it as confidential; and (v) we are free to use the Feedback for any purpose, without any restriction or compensation to you. You hereby irrevocably assign all right, title and interest in and to the Feedback to us.
We are under no obligation to enforce these Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion. You agree to comply with all of the terms, conditions, and restrictions set forth in the Acceptable Use Policy (need to create Hyper Link on upload). The Acceptable Use Policy is part of these Terms of Service, and is incorporated here by reference. The restrictions set forth in the Acceptable Use Policy apply only to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us at the address provided below, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
By creating an account, you agree to receive certain communications from us, other users, advertisers, our partners, and service providers in connection with the Service. In certain cases, you will have the option to “opt out” of receiving certain communications. Please review our Privacy Policy for more information on the types of communications you may receive, and whether you can opt out from receiving them.
ehv takes your privacy seriously. We have created a Privacy Policy to inform you about the kind of information we may collect and the ways we may use it. Please review our Privacy Policy carefully.
You represent that you have read, understood, and agreed to the terms of our Privacy Policy, which is incorporated herein by reference and made a part of these Terms of Service.
We respect copyright law and expect our users to do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe any Content or materials on the Service infringe your copyright, you agree to abide by the notice and takedown procedures set forth by such copyright holders.
You agree to indemnify and hold ehv, its subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable legal and accounting fees) in any way related to or arising out of: (i) your access to or use of the Service, (ii) Your Content, (iii) your violation of any of these Terms of Service; or (iv) the infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity. ehv reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. We will use reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it; however, our failure to notify won’t affect your obligations hereunder (except to the extent that our failure to notify you materially prejudices your ability to defend the claim).
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF ehv. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. YOU AGREE THAT THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, AND THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK (INCLUDING, WITHOUT LIMITATION, THE RISK THAT YOU MIGHT BE EXPOSED TO CONTENT THAT EXPOSE TO ACTUAL SCENARIO OF YOUR HEALTH VITALS AND REAL HEALTH SITUATION). WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE SAFETY OR SECURITY OF THE SERVICE, OR ANY CONTENT OR ITS IMPLICATIONS INCLUDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE.
B. WE MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH A THIRD PARTY ON THE SERVICE).
C. YOU AGREE THAT OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO ehv IN CONNECTION WITH THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
D. ehv DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SERVICE, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT by your authorized persons, LOSS or delay OF INFORMATION OR DATA, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES), WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE OR CONTENT, EVEN IF ehv HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Our Service is not directed to children under the age of 13, and we do not knowingly collect, solicit, or store personally identifiable information from, or about children under the age of 13. Though at sometimes such persons may join as users based on their health conditions, their parents or guardians will be responsible for such user accounts. For that reason, we ask you to confirm your age when you sign up for the Service by providing an accurate age. If a parent or guardian becomes aware that his or her under 13 child has provided us with personally identifiable information without his or her consent, he or she should contact us at privacy@ehealthvitals.com .
These Terms of Service are governed by the laws of the State of California, without to that State’s conflict of laws provisions. For any claim, cause of action, or dispute that may arise between us, you accept the exclusive jurisdiction of the federal and state courts located in the Northern District of California. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to these Terms of Service. Notwithstanding anything to the contrary in these Terms of Service, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any third party’s intellectual property and/or proprietary rights.
You may terminate these Terms of Service at any time by closing your account, discontinuing your use of the Service, and providing us with a notice of termination at the address provided below.
We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, without notice or liability of any kind (except as otherwise expressly provided in Section 2B of these Terms of Service). If we close or suspend your account for violating these Terms of Service, such closure or suspension shall be deemed a termination with cause. We may also modify or terminate the ehv Service without prior notice.
In the event of termination, whether by you or us, Sections 1, 3, 4, 5, and 9 through 14 of these Terms of Service will continue in full force and effect, including our right to use your Content as detailed in Section 3C.
We may provide you with notices by email, regular mail or communications through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (to the email address you provide in your account profile) satisfy any legal requirement that such communications be in writing.
You will comply with all applicable laws and regulations governing your use of the Service and posting of Your Content (including, without limitation, all applicable laws governing export control). In particular, but without limitation, you agree that:
If you have any questions about the Service, these Terms of Service, the Acceptable Use Policy, or the Privacy Policy, please contact us at feedback@ehealthvitals.com or at:
eHealthVitals Inc,
1250 Borregass Ave
Sunnyvale, CA 94089, USA