POLICY & INFORMATION
Terms of Service
This agreement is between Healthion Technologies LLC (“Healthion”) and users of Healthion’s products, services, applications and websites (“You”).
1. YOUR ACCEPTANCE
The terms of this agreement (“Terms of Service”) govern the relationship between you and Healthion (hereinafter “Healthion” or “Us” or “We”) regarding your use of Healthion’s applications (including mobile applications), websites and related services (the “Service”).
Use of the Service is also governed by Healthion’s Privacy Policy and other relevant policies, which are incorporated herein in this website by reference.
Before accessing or using the Service, including browsing any Healthion website or accessing any Healthion application, you must agree to these Terms of Service and the Privacy Policy.
You may also be required to register an account on the Service (an “Account”). By registering for an Account or otherwise using the Service, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Healthion reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant Healthion policies at any time by posting the amended terms on the Healthion Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Healthion Privacy Policy, or any other Healthion policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
2. GENERAL USE OF THE SERVICE
Healthion grants You permission to access and use Healthion’s Apps and Websites (“Service”) as set forth in the Terms of Service, provided that: You agree not to alter or modify any part of the Service. You agree not to use the Service for any of the following commercial uses unless you obtain Healthion’s prior written approval:the sale of access to the Service; or the sale of advertising, sponsorships, or promotions placed on or within the Service, including any content shared on the Service. In your use of the Service, You will comply with all applicable laws.Healthion reserves the right to discontinue any aspect of the Service at any time.
2.1 License
Subject to the terms of this Agreement, Healthion grants you a non-transferable, non-exclusive, license to (a) use for your personal use, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each Service on a mobile device that you own or control for your use (the “License”). Apps provided to you are licensed to you and not sold.
Healthion (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content (defined below).
This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The Healthion name, logo, and the product names associated with the Apps belong to Healthion (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Healthion (and its licensors, where applicable) reserve all rights not granted in this Agreement.
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App;(b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law;(c) you shall not access any Service in order to build a similar or competitive service or application;(d) except as expressly stated herein, no part of any Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or(e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Service.
Any future release, update, or other addition to functionality of any Service (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Service content must be retained on any copies.
3. YOUR USE OF CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of musical content (“Content”):Content on the Service, and the trademarks, service marks and logos on the Service, are owned by or licensed to Healthion, subject to copyright and other intellectual property rights under the law.
You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under the Terms of Service.
You shall not copy, distribute, broadcast, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Healthion or the respective licensors of the Content. Healthion and its licensors reserve all rights not expressly granted in and to the Service and the Content.
Certain contents available through the service may be offered through the use of Content Partners APIs and Services (“Partner Services”), such as video streaming services. By continuing to use our software you also agree to Partner Services specific Privacy Policies and Terms of Service, made available through links within the Service.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or Partner Services, to prevent or restrict use or to copy of any Content or enforce limitations on use of the Service or the Content therein. You specifically agree not to download, store or share media content made available through Partner Services.
You understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Healthion with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Healthion, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
4. YOUR CONTENT; LICENSE TO HEALTHION
As a Healthion account holder, You may submit Content to the Service. You understand that Healthion does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting your Content on the Service.
You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content You submit; and You license to Healthion all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to the Terms of Service. You retain all of your ownership rights in your Content.
However, by submitting Content to Healthion, You hereby grant Healthion a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and Healthion’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Content through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under the Terms of Service.
Many of Healthion’s products are interactive, and, as such, may be modified by other Users of the Service without Your prior approval. Such modifications may enhance or detract from your Content and You.
You acknowledge and agree that other users of the Service may so modify your Content at any time following submission thereof and assume the risks related thereto.
You are free to remove your Content at any time. You understand and agree, however, that Healthion may retain, but not display, distribute or perform, server copies of your Content that have been removed or deleted by You.
Further, You understand and agree that any Content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person.
You further agree that Content You submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Healthion all of the license rights granted herein. Healthion expressly disclaims any and all liability in connection with Content.
Healthion does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Healthion will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Healthion reserves the right to remove Content without prior notice.
5. ACCOUNT TERMINATION POLICY
Healthion will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to have infringed the Terms of Service.
Healthion reserves the right to decide whether Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length.
Healthion may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of the Terms of Service.
6. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHION ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. HEALTHION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HEALTHION’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. HEALTHION DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HEALTHION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHION SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEALTHION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, HEALTHION SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO HEALTHION IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO HEALTHION DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND HEALTHION’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH HEALTHION IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify, defend and hold Healthion (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
YOU SPECIFICALLY ACKNOWLEDGE THAT HEALTHION SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either 13 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
9. ASSIGNMENT
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Healthion without restriction.
10. APPLE APPLICATION STORE ADDITIONAL TERMS AND CONDITIONS
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store.
To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Apps from the Apple Application Store.
1 .Acknowledgement: Healthion and you acknowledge that this Agreement is concluded between Healthion and you only, and not with Apple, and Healthion, not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
2 Scope of License: The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
3. Maintenance and Support: Healthion is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. Healthion and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
4. Warranty: Healthion is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Healthion’s sole responsibility.
5. Product Claims: Healthion and you acknowledge that Healthion, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Healthion’s liability to you beyond what is permitted by applicable law.
6. Intellectual Property Rights: Healthion and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, Healthion, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Healthion’s contact information for any end-user questions, complaints or claims with respect to App is set forth in www.healthion.com. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using App.
9. Third Party Beneficiary: Healthion and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.