THIS IS A LEGAL DOCUMENT. YOU MUST AGREE TO BE BOUND BY IT TO USE AYBLE HEALTH PRODUCTS. IF YOU DO NOT AGREE, YOU MAY NOT USE AYBLE HEALTH PRODUCTS. SECTION 15 CONTAINS AN INDEMNIFICATION, WHICH MAY HAVE SIGNIFICANT LEGAL CONSEQUENCES. PLEASE READ IT CAREFULLY.
DO NOT USE AYBLE HEALTH PRODUCTS FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.
Ayble Health End User License Agreement
Welcome to Ayble Health! Ayble Health, Inc., a Delaware corporation (“Ayble Health”, “We”, or “Us”) is excited to work with you. Please read this End User License Agreement (the “Agreement” or “EULA”) carefully. If you are entering into this Agreement on behalf of your company, you represent that you are an authorized representative of your company, with the authority to legally bind your company to this Agreement. If you do not agree to the terms and conditions, or do not have such authority, you may not access the Ayble Health Products (as defined below).
This Agreement is a legal document. The terms and conditions contained in this Agreement apply to the Ayble Health website (located at www.ayblehealth.com, and referred to herein as the “Site”), the Platform (defined below), to account registration on the Site or Platform (“Registration”), and to any and all websites or applications associated with Ayble Health (collectively referred to as “Ayble Health Products”).
By accessing the Site or choosing to proceed with Registration, you accept all the terms and conditions of this Agreement.
1. Acceptance and Agreement to Be Bound
- (a) This Agreement forms a legally binding contract between you and Ayble Health for your access to and use of the Ayble Health Products. You represent and warrant that you have the right and authority to bind yourself to this Agreement. You also represent and warrant that you are at least 18 years of age. You further represent and warrant that all information you submit to Ayble Health is true and accurate.
- (c) Your use of the Ayble Health Products is also subject to compliance with all applicable local, state, national and international laws, rules, and regulations.
2. Ayble Health Products Do Not Provide Medical Advice
- (b) In the event you are connected through the Platform with a licensed healthcare provider, the information you submit or is collected through the Ayble Health Products may be “Protected Health Information” (“PHI”) and subject to the data privacy and security requirements under the Health Insurance Portability and Accountability Act (“HIPAA”). If your information is considered PHI under HIPAA, Ayble Health and the licensed healthcare provider will comply with HIPAA as it relates to your PHI.
- (c) Further, if you receive access to the Platform through Ayble Health’s contract with a third party, such as an employer or insurer, that is a “Covered Entity,” as that term is defined by HIPAA, your information may also constitute PHI, and Ayble Health may be subject to HIPAA through a Business Associate Agreement with the Covered Entity. To the extent Ayble Health is a Business Associate of the Covered Entity, use or disclosure of PHI shall be subject to the terms of that Business Associate Agreement.
- (d) UNLESS YOU ARE CONNECTED THROUGH THE PLATFORM WITH A LICENSED HEALTHCARE PROVIDER, THE CONTENT DOES NOT CONSTITUTE PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT, SUGGESTIONS, OR RECOMMENDATIONS. THE COMMUNICATIONS THROUGH THE AYBLE HEALTH PRODUCTS ARE NOT CONFIDENTIAL AND SHALL NOT BE THE SUBJECT OF ANY MEDICAL PATIENT PROVIDER PRIVILEGE. YOUR USE DOES NOT CREATE ANY DUTY FOR AYBLE HEALTH TO FOLLOW UP WITH YOU ABOUT ANY MEDICAL CONDITION, DIAGNOSIS, OR TREATMENT. AYBLE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANYONE CONCERNING THEIR HEALTH OR MEDICAL CONDITIONS. IF YOU RELY ON ANY CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY CONTENT RELEVANT TO YOU WITH OTHER SOURCES, INCLUDING FROM YOUR HEALTHCARE PROVIDER.
- (e) UNLESS YOU ARE CONNECTED THROUGH THE PLATFORM WITH A LICENSED HEALTHCARE PROVIDER, AYBLE HEALTH PRODUCTS DO NOT PROVIDE ANY LICENSED SERVICES. NOTHING ON ANY OF THE AYBLE HEALTH PRODUCTS, INCLUDING ANY CONTENT, IS INTENDED TO AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE, DIETETICS, OR SIMILAR LICENSED ACTIVITIES. ALTHOUGH AYBLE HEALTH PRODUCTS ALLOW USERS TO TRACK EATING PATTERNS FOOD INTAKE, FIND PRODUCTS AND RECIPES, AND ANY RELATED DIGESTIVE EFFECTS. AYBLE HEALTH PRODUCTS DO NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY CONDITION OR ILLNESS. AYBLE HEALTH PRODUCTS AND THE CONTENT ARE INTENDED FOR EDUCATIONAL PURPOSES AND SELF-MANAGEMENT ONLY BASED UPON THE PROFICIENCY IN, KNOWLEDGE OF, AND EXPERIENCE WITH THE SUBJECT MATTER OF THE AYBLE HEALTH PRODUCTS.
3. Ayble Health Products Are Not Intended for Children
- (a) Ayble Health Products are neither intended nor designed for children under the age of 18. Ayble Health does not knowingly collect or solicit personally identifiable information from any person known by Ayble Health to be a child under the age of 18. Should Ayble Health inadvertently come to possess personally identifiable information about a child under the age of 18, Ayble Health will not knowingly disclose contact information relating to a child under the age of 18 to any third-party.
4. Ayble Health Platform and Services
- (a) Ayble Health offers a digital platform (the “Platform”) that aims to help users with Irritable Bowel Syndrome (“IBS”), Inflammatory Bowel Disease (“IBD”), or other digestive conditions through an alternative approach to the elimination diet, and services related to such digestive conditions, as more specifically set forth on the Site (the “Services”).
- (b) The Platform may also develop community building and community communication aspects to the Platform (“Community Communication”) for purposes including, but not limited to, allowing users to communicate with each other about topics related to IBD and IBS, and other wellness topics. Community Communication is subject to the terms and conditions of this EULA, including, but not limited to, the Community Guidelines set forth in Section 17. If you participate in Community Communication, you agree to comply with these terms and conditions, including the Community Guidelines.
- (c) Ayble Health Products may use third-party products, including, but not limited to, fitness wearables or at home testing kits (“Third-Party Products”). Information from these Third-Party Products will be used to get a fuller picture of Client’s wellness status. Ayble Health does not warrant the accuracy, timeliness, or suitability of any of these Third-Party Products for any client. If you participate in information gathering through the use of Third-Party Products, your participation and provision of information is subject to the terms and conditions related to such Third-Party Products. You agree to hold Ayble Health harmless from any consequence related to any information provided by the Third-Party Products and that you have no recourse against Ayble Health for claims related to Third-Party Products. Ayble Health is not affiliated with any Third-Party Products and cannot make any warranties and guarantees about the effectiveness or accuracy of Third-Party Products. Claims against Third-Party Products must be brought against the Third-Party Product manufacturer.
5. License Grant and Permitted Use
- (a) Unless otherwise expressly stated in this Agreement, Ayble Health or its licensors own all right, title, and interest in the Ayble Health Products, including any patents, copyrights, trademarks, and any other intellectual property rights.
- (c) This License Grant does not grant the right to “framing” of the Content or Ayble Health Products or permit any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
6. Acceptable Use, Your Conduct, and Prohibited Countries
- (a) You acknowledge and agree that Ayble Health (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in Ayble Health Products, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of Ayble Health Products based on or substantially similar to Ayble Health Products.
- (b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of Ayble Health Products by you will be in accordance with the terms of this Agreement and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
- (c) Use of Ayble Health Products is subject to all terms and conditions of this Agreement, including Ayble Health’s acceptable use policies. You shall not (i) use, permit the use of or permit access to Ayble Health Products except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of Ayble Health Products; (iii) engage in, permit or continue to allow any unauthorized copying of Ayble Health Products; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view Ayble Health Products, or make any attempt to do so; (v) alter, remove, obscure or hinder the delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in Ayble Health Products; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use Ayble Health Products by any other customer; or (vii) take any action compromising, or that has the potential of compromising, Ayble Health’s rights in Ayble Health Products.
- (d) You shall not use Ayble Health Products to post, deliver, or send any of the following: unsolicited emails or advertisements; unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist, or potentially harmful content, including that sexual in nature; any content that infringes on third party intellectual property rights; malicious codes or software; any content that may cause harm to a third party; any content that can be construed as a violation of any applicable law or any content that may cause a violation of any applicable law.
- (e) You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service on the Platform or on any other Ayble Health Product. Ayble Health reserves the right but does not have an obligation to monitor all conduct on Ayble Health Products.
- (f) You further agree and commit not to engage in conduct that is harmful, unethical, fraudulent, deceptive, or offensive.
- (g) Ayble Health Products are subject to restrictions concerning the export of products or technical information from the United States or other countries that may be imposed on the Ayble Health from time to time. You agree that you will not export, directly or indirectly, any technical information acquired from Ayble Health under this Agreement or through the use of any Ayble Health Products to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so from the appropriate agency or other governmental entity in accordance with applicable law. It is solely your responsibility to determine if you may lawfully use Ayble Health Products in any particular country or jurisdiction.
7. Creating an Account and Registration
- (a) You may need to create an account through Registration to access the Platform or other Ayble Health Products. You may need to furnish the following information to create an account: your name, date of birth, cell phone number, email address, sex, race, or ethnicity, self-reported health information such as IBD, IBS or other digestive diagnosis, co-morbidities, information about gastrointestinal and bariatric surgeries, medication regimen, pregnancy status, history of eating disorders, a “baseline” symptom severity survey for IBD, IBS or other gastrointestinal symptoms, and other similar background information.
- (b) Ayble Health, at its sole discretion, may terminate your use of Ayble Health Products or your Registration at any time and for any reason without notice for any conduct which violates this Agreement. You agree that if your use of Ayble Health Products is terminated pursuant to this Agreement, you will not attempt to use Ayble Health Products under any name, real or assumed.
8. Account Registration and Security
- (a) You agree and acknowledge that your user account and Registration on Ayble Health Products are for your use only and not for the use of any other party or organization.
- (b) If you provide any untruthful, misleading, inaccurate or incomplete information, or if Ayble Health reasonably suspects such, Ayble Health may suspend or terminate your account and Registration and refuse your future use of Ayble Health Products.
- (c) You are solely responsible for your own account activity. You agree to maintain the confidentiality of your own secure password and not use any other person’s password or login credentials. You further agree not to share or sell your password or login and to notify us if you suspect unauthorized use of your account. You must immediately alert Ayble Health to any unauthorized use of your account, password, username, email, or other breaches of security. To report such unauthorized activity, email Ayble Health at firstname.lastname@example.org.
9. Subscription to the Service
- (a) Fees. We may offer paying subscriptions to our Service. If you purchase a subscription for Ayble Health Products, you agree to pay the charges for the subscription (“Fee”) on a monthly basis. We may also offer subscriptions in multi-month packages, such as a three-month or six-month subscription. Applicable Fees are detailed on the Site.
- (b) Free First Week. We may offer one week of free trial access to Ayble Health Products. At the end of this first week, the purchase of a subscription will be required to maintain access to Ayble Health Services.
- (c) Payment. The payment can be made via Stripe or another third-party vendor integrated into Ayble Health Products (“Payment Processor”). Your payment of the Fee using a Payment Processor is subject to the Payment Processor’s terms and conditions of use.
- (d) Authorization. By providing payment information to us, you grant the Payment Processor and us your consent and authorization for your credit card to be charged for the Fee. All overdraft, chargebacks, and bank fees are your sole responsibility.
- (e) Cancellation of Subscription and Refunds. You may cancel your month-to-month subscription at any time. Ayble Health does not offer refunds for multi-month prepaid subscription packages.
- (f) Taxes. The Fee is exclusive of value-added, goods and devices, sales, or other tax. You are solely responsible for such payment and compliance with such taxes.
- (g) Termination. We reserve the right to terminate your access to Ayble Health Products if you do not make payment or violate any of the terms of this Agreement.
10. Consent to Electronic Communications and Information You Provide
- (a) By providing Ayble Health with your email address, you consent to receive unencrypted and unsecured email communication from us; however, you may be directed to your dashboard to view your health or other sensitive data. You agree that any notices, agreements, disclosures, or other communications that Ayble Health provides to you by email satisfy any legal communication requirements.
- (b) Ayble Health has the right, but not the duty, to monitor your use of the Platform, including any information you provide. The Platform provides you the option to communicate with Ayble Health through email, text, or through messaging in the Platform. This option is provided solely for your convenience, and it may not be secure. Any information you send to Ayble Health by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email. By using email, you agree that Ayble Health is not responsible for the privacy of any email messages. Ayble Health does not warrant the confidentiality or security of any email transmission.
- (c) You are responsible for all information you send through the Platform. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Ayble Health may edit, delete, modify, or ban such information and take necessary legal action.
11. Submissions of Information
- (a) If you send any ideas, suggestions, materials, concepts, or other information relating to Ayble Health Products (collectively “Information”) to Ayble Health, Ayble Health owns all right, title, and interest in the Information. This means that Ayble Health will have unrestricted use of the Information for its business and commercial purposes. Ayble Health will not compensate you for the Information and will not be liable to you or any other provider of the Information.
- (b) If you send Information to Ayble Health, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Ayble Health; and (iv) that the Information does not infringe or misappropriate any proprietary right of any third party.
- (c) Ayble Health is not obligated to maintain the confidentiality of any Information submitted, and Ayble Health disclaims any liability that may result from its disclosure of any Information submitted by you.
- (d) You further agree not to:
- Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
- Impose an unreasonably large amount of Information on Ayble Health Products or otherwise interfere with or inhibit any other user from using or enjoying Ayble Health Products;
- Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
- Access, use, or copy any portion of the Platform using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
12. Intellectual Property
- (a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of Ayble Health Products, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Ayble Health reserves all rights not expressly granted.
- (b) Except as expressly set forth in this Agreement, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in this Agreement; or (iv) continue to use any Content after the termination of this Agreement.
- (c) Ayble Health and its licensors own and retain all right, title and interest (including copyright, trademark, patent, trade secret, and any other intellectual property rights) throughout the world in, to, and associated with Ayble Health Products. You acknowledge and agree that Ayble Health Products and all copyrights, patents, trademarks, trade secrets, and any other intellectual property rights associated therewithin are and will remain the property of Ayble Health. You acknowledge and agree that the source and object code of Ayble Health Products and the format, directories, queries, algorithms, structure, and organization of Ayble Health Products are the intellectual property and proprietary and confidential information of Ayble Health and its licensors. All rights not expressly granted under this Agreement are reserved to Ayble Health and its licensors. You are not authorized to use Ayble Health trademarks in any advertising publicity or in any other commercial manner.
13. Disclaimer of Liability, No Warranty, and Operation of Products
- (a) ALL INFORMATION IN AYBLE HEALTH PRODUCTS IS PROVIDED ON “AS IS” BASIS. ACCORDINGLY, AYBLE HEALTH MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, CONCERNING AYBLE HEALTH PRODUCTS OR CONTENT OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, AYBLE HEALTH DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- (b) AYBLE HEALTH GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF AYBLE HEALTH PRODUCTS, THE SITE, THE SERVICES, AND THE CONTENT OR OF ANY LINKED WEBSITE.
- (c) IN NO EVENT SHALL AYBLE HEALTH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO USE, MISUSE, OR OMISSION TO USE, THE AYBLE HEALTH PRODUCTS, INCLUDING, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY DAMAGE, INCIDENTAL DAMAGE, LOST PROFITS OR DATA, DAMAGES TO YOUR COMPUTER RESULTING FROM VIRUSES, LOSS OF OR DAMAGE TO OTHER PROPERTY, CLAIMS OF THIRD PARTIES, OR COPYING OR DISPLAY OF THE WEBSITE, THE SERVICES, AND THE CONTENT OR AYBLE HEALTH PRODUCTS. AYBLE HEALTH IS NOT LIABLE, REGARDLESS OF WHETHER AYBLE HEALTH HAS BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST AYBLE HEALTH IS TO STOP USING AYBLE HEALTH PRODUCTS.
- (d) Ayble Health makes all reasonable efforts to keep Ayble Health Products operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and system outages.
14. Indemnification for Your Use of Ayble Health Products
- (a) You agree to indemnify, defend and hold harmless Ayble Health, its affiliates, partners, officers, directors, employees, consultants, service providers and agents from any and all third-party claims, liability, losses, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Service or any Ayble Health Products, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of this Agreement, or your infringement, or infringement by any other user of your accounts, of any intellectual property or other right of any person or entity.
15. Links to Third-Party Websites and Services
- (a) Ayble Health Products occasionally provides links to third-party websites and services. Ayble Health does not control and is not liable for their content, regardless of whether your access is provided by Ayble Health or by another third-party. Ayble Health does not warrant the accuracy, timeliness, or suitability of the content of any third-party website or service.
- (b) By providing a link to a third-party website or service, Ayble Health does not endorse the products or services of that linked websites or services, nor does it endorse the third-party website’s or services’ sponsoring organization. Your sole and exclusive recourse for claims arising from any such third-party products or services is against the third-party provider and not Ayble Health.