USA TERMS OF SERVICEEFFECTIVE DATE: 1 July 2018
Thank you for using rewellio! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the rewellio website, mobile application, any hardware used in conjunction with the mobile application, and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “rewellio” refer to rewellio Inc., a [Recht der Gesellschaft einfügen, zB Delaware]company. The Service enables licensed physicians, physical therapists, or other appropriately certified healthcare professionals(the “Therapist”) to provide an end-user of the Service who seeks physical therapy rehabilitation services (the “Patient”) with a fun and easy way to provide therapy sessions and track important information relating to the Patients’ therapy. Therapists and Patients are referred to in these Terms collectively as“you”, “your”, or “user,” however, at times, some of these Terms will apply only to a Therapistor a Patient, and in those situations the Terms will specify as such.
PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
Do not hesitate to contact us at firstname.lastname@example.org if you have any questions or want to discuss these Terms.
2. NO MEDICAL ADVICE; HEALTH DISCLAIMER
Our Service and any information provided through the Service, included but not limited to the Data (as defined below) are intended only to assist a Therapist’s physical rehabilitation recommendation efforts. The Data (as defined below) is provided to Patients, who then chose, at their sole discretion, to give access to such Data to a Therapist of their choosing. Further, the Data is for informational purposes only, and nothing stated or posted on the Service is intended to be, and must not be taken to be, the practice of medicine, the provision of medical care or medical advice, diagnosis, or treatment. If a Patient relies on the information that is available through the Service, including the Data, that Patient does so at his or her own risk. Patients should always seek the advice of their Therapist or any other licensed healthcare professional or other qualified medical professional with any questions the Patient may have about the Data or any other medical condition. If a Patient experiences any pain or exacerbation or has a change in medical condition, the Patient should immediately seek medical attention with their Therapist or a licensed healthcare professional or any other qualified medical professional.
IMPORTANT: All information provided to Patients via the Service, including but not limited to the Data, is provided for non-urgent purposes only. IF A PATIENT THINKS HE OR SHE IS HAVING A MEDICAL EMERGENCY, THE PATIENT SHOULD CALL 911 AND/OR GO TO THE NEAREST HOSPITAL, AS APPROPRIATE. Patients should not attempt to access emergency care through the Service. Patients should not ignore or delay obtaining professional medical advice or care because of information obtained through the Service.
Therapists hereby represent that he, she, and/or it is duly licensed by law to provide medical diagnoses, treatments, or any other medical services it provides to the Patients via the Service. Therapists hereby represent that he, she, and/or it is fully HIPAA-compliant. If the Therapist is a non-natural person, the individual registering for the Service on behalf of the Therapist hereby represents that he or she has the authority to bind the Therapist and enter into these Terms.
4. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”)
We are committed to the ideals of HIPAA. Therapists hereby certify that Therapists are “covered entities” under HIPAA, and the regulations promulgated thereunder, including but not limited to, the Standards for Privacy of Individually Identifiable Health Information, 45 CFR Parts 160 and 164, Subparts A and E (the “Privacy Rule”), and the Security Standards for the Protection of Electronic Protected Health Information, 45 CFR Parts 160 and 164, Subparts A and C (the “Security Rule” and, together with the Privacy Rule, the “HIPAA Rules”). As such, Therapists agrees to maintain full compliance with HIPAA and the HIPAA Rules, and any other laws, now or hereafter existing, that are applicable to Therapists, directly or indirectly, with respect to the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance or storage of health information.
5. AGE POLICY; PERMITTED USERS
The Service is not intended to be used by children under 13 years of age. By using the Service, you represent to us that you are over 13 years old and that you are legally able to enter into this Agreement. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any personal information in that user’s account and will terminate the Service. If you are between 13 and 18 years of age, you represent that you have permission from your parent or legal guardian to use the Service.
6. PERMITTED USE OF THE SERVICE
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.
7. OVERVIEW OF THE SERVICE
As part of the Service, you must first install the mobile application (the “App”) on your device. You will then have to create an account by registration on our webpage [link einfügen]. The registration process includes: providing your first name, last name, email address, physical address, gender, and age; creating a password; and selecting whether you are a Therapist or a Patient. After you complete this registration process, you will be asked to confirm your email address by clicking on a link sent to the email address you provide. Once you confirm your email address, you will have successfully registered and created an account. You will be able to access the App only with your log-in credentials (your email address and the password you created).
As an alternative option you may also chose to register over your Therapist’s account. In this case the Therapist can start with the therapy immediately and the Data will be collected only on rewellio’s servers and not on the Therapist’s device. Once the therapy session is over the Therapist will not have access to the Data. The Therapist will only receive access to the Data in case the Patient grants access to the Data to the Therapist. The Patient receives access to the Data once he has registered over rewellio’s website. The Patient may grant access to the Data to the Therapist in the course of the registration.
As a Patient uses the Services, either with the assistance of a Therapist or without, that Patient’s therapy data, including information and reports generated by the App when the Patient uses the Services (the “Data”), is collected on the Patient’s account. If a Therapist registers on the App by following the process described above, the Therapist may request to add a Patient, and that Patient may or may not accept such request. A Patient may also grant a Therapist access to the Patient’s to view the Patient’s Data. A Patient may revoke a Therapist’s ability to access and view the Patient’s Data at any time, and may also give such access to other Therapists at any time.
8. SUBSCRIPTION FEE
9. LIMITATIONS ON USE OF THE SERVICE
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by us; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.
10. OWNERSHIP OF THE SERVICE
The Service contains important and proprietary property owned by us, including software and hardware that constitute our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.
Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.
11. THIRD PARTY SITES AND SERVICES
Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of rewellio. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
12. UPDATES TO THE SERVICE
We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.
13. INFORMATION YOU PROVIDE TO US
Further, by using the Service, you agree that we may use this information, including your email address, to send you information regarding Updates to the Service, problems with the Service, and any other communications pertaining to the functionality of the Service.
14. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to us that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.
15. ACCOUNT TERMINATION
16. USERNAMES AND PASSWORDS; ACTIONS FROM YOUR ACCOUNT
As part of our Services, you will be required to create an account with your email address and password that will provide you access to your account. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You are solely responsible for keeping your password safe from disclosure to third parties. You may not use anyone else’s account, including their username or password. If you become aware of any unauthorized use of your account, username, or password, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your account, username, or password, either with or without your knowledge. Further, you agree that because you are responsible for maintaining access to your account, that you are solely responsible for any harm caused by use or misuse of the Service originating from your account, whether or not you were actually the person who used or misused the Service.
17. INAPPROPRIATE CONTENT
You shall not make inappropriate content available on, or through, the Service, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, or use the Service to transmit such content, we may remove such content from our servers and terminate your account.
18. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND REWELLIO AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
REWELLIO AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THOUGH THE SERVICE, INCLUDING ANY MEDICAL ADVICE RECEIVED FROM A THERAPIST SHALL CREATE ANY WARRANTY.
REWELLIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFOMATION ADVERTISED OR OFFERED BY A THIRD PARTY, INCLUDING A THERAPIST, THROUGH OR IN CONNECTION WITH THE SERVICE, AND REWELLIO IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES, INCLUDING A THERAPIST.
REWELLIO MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING ANY CONTENT PROVIDED BY A THERAPIST, AND REWELLIO WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
19. LIMITATION OF LIABILITY
Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) REWELLIO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF REWELLIO KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) REWELLIO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. REWELLIO DISCLAIMS ALL LIABILITY OF ANY KIND OF REWELLIO’S LICENSORS AND SUPPLIERS.
You agree to defend, indemnify and hold harmless rewellio, its directors, officers, and agents, as well as its licensors, suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. We reserve 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 such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
21. GOVERNING LAW
These Terms shall be governed by, and construed and interpreted in accordance with the laws of the United States where the applicable user resides to the exclusion of its conflict of laws provisions, and are subject to the exclusive jurisdiction of the competent court in/for Bad Ischl, Austria as regards any claim or matter arising hereunder.
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at email@example.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation, which shall take place in Bad Ischl, Austria, and the costs of which shall be divided equally between you and rewellio. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration, which shall take place in Bad Ischl, Austria.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, all disputes or claims arising out of or in connection with this contract, including disputes relating to its validity, breach, termination or nullity, shall be finally settled under the Rules of Arbitration (Vienna Rules) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one arbitrator appointed in accordance with the said Rules.
In the event of arbitration or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor rewellio, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND REWELLIO EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
23. TERM AND TERMINATION
These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.
24. SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by us without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
26. MODIFICATIONS TO THESE TERMS
We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.
27. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.