By accessing, using, or submitting any information through the Biostimulator Application (the “App”), you acknowledge and agree to the following:
The App is for informational, educational, and personal wellness purposes only. The App does not provide medical advice, diagnosis, treatment, or clinical services. The Company is not a physician, healthcare provider, therapist, or medical entity. No information generated by the App shall be interpreted as medical advice or a substitute for consultation with a licensed healthcare professional. You agree that you are solely responsible for any decisions made based on information obtained through the App. If you have a medical condition, are experiencing symptoms, or require medical care, you shall consult a qualified healthcare provider.
You understand and acknowledge that:
The Company is not a “Covered Entity” or “Business Associate” as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) with respect to your use of this App. Accordingly, information you voluntarily submit through the App is not protected under HIPAA. You acknowledge and agree that HIPAA privacy and security protections do not apply to data you provide through the App.
By submitting information to the App, you grant the Company a perpetual, worldwide, royalty-free, transferable, sub-licensable license to use, store, analyze, aggregate, modify, and otherwise process such information. The Company shall not intentionally disclose your personally identifiable information to third parties except as described in its Privacy Policy or as required by law. You understand and agree that once information is de-identified or aggregated, it may be used without further notice or compensation to you. The Company may:
While the Company implements reasonable safeguards, no method of transmission over the internet or electronic storage is completely secure. You acknowledge that you provide information at your own risk and that the Company does not guarantee absolute security.
The App is intended solely for individuals who are eighteen (18) years of age or older. By accessing or using the App, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. The App is not directed to children under the age of thirteen (13), and the Company does not knowingly collect personal information from children under thirteen (13). If the Company becomes aware that information has been collected from a child under thirteen (13) without verifiable parental consent, such information shall be deleted as required by applicable law. If you are under eighteen (18), you are prohibited from using the App. Any use of the App by a minor without lawful authority shall constitute a material breach of this Agreement. A parent or legal guardian who permits a minor to access the App assumes full responsibility and liability for the minor’s use, including compliance with this Agreement and any resulting claims or damages.
You acknowledge that:
To the maximum extent permitted by law: The Company, its officers, directors, employees, contractors, affiliates, and agents shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from:
In jurisdictions where limitations of liability are permitted, the Company’s total aggregate liability shall not exceed the amount you paid to access the App in the preceding twelve (12) months. Nothing in this Agreement limits liability for gross negligence, willful misconduct, or violations that cannot be waived under applicable law.
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses arising from:
Your use of the App does not create a physician-patient, therapist-client, or other regulated professional relationship.
The Company reserves the right to modify the terms of this Agreement at anytime provided written notice.
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from: (a) Your use of the App; (b) Your violation of this Agreement; (c) Your submission of information; (d) Your reliance on App outputs in lieu of medical advice.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the App shall be resolved exclusively through binding arbitration on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding. You further waive the right to a jury trial to the fullest extent permitted by law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any arbitration or permitted court proceeding shall take place in Maricopa County, Arizona. You consent to personal jurisdiction in Arizona for purposes of enforcing this Agreement.
By using the App, you acknowledge that you:
You acknowledge that this Agreement is presented as a clickwrap agreement. By clicking “I Agree,” “Accept,” or any similar affirmative button, or by accessing or using the App after being presented with this Agreement, you affirmatively agree to be bound by its terms. You agree that your electronic acceptance constitutes a legally binding signature under the Arizona Electronic Transactions Act and other applicable laws governing electronic signatures. You further agree that electronic records and electronic communications satisfy any legal requirement that such communications be in writing. If you do not affirmatively agree to these terms, you shall not access or use the App.
