End-user license agreement
NONAGON Ltd (“NONAGON”, “Company”, “we”, “us” or “our“) welcomes you to our mobile application (the “App”). The App is compatible with our handheld device which can assist in performing certain primary care exams (the “Device“) and together they are referred to herein as the “Product”). The App allows the recording of medical measurements via use of the Device, and the sharing of such measurements with a caregiver. The functionalities and services related hereto shall be referred to herein as the “Service(s)” (as further specified below). Any person installing and/or running the App may use the Services only in accordance with the terms and conditions hereunder and is referred to as “User(s)” or “You”.
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE SERVICES AND DO NOT INSTALL THE APP, DO NOT CONNECT TO, ACCESS OR USE THE APP, DO NOT USE THE DEVICE AND PROMPTLY ERASE THE APP FROM YOUR MOBILE DEVICE.
The download and install of the App and use of the Services are allowed only to individuals that are at least eighteen (18) years old who meet all of the following: (a) rightfully have hold of the Device, whether by virtue of purchase or by receipt from a medical provider; (b) that are using the App for a personal non-commercial use, for themselves or for their immediate household members; (c) that use the App only with the applicable Device; (d) are not using the App for any commercial purpose, and (e) that by use of the Services, are not in violation of any applicable law or regulation. If the Services or the Product are used by a User for the benefit of a person other than the User, whether such person does or does not meet the above requirements, the User will supervise and monitor all such use, and by such use the User agrees to be deemed and regarded as such person’s lawful guardian and/or authorized representative as the case may be, for the purpose of receiving the Services hereunder.
2. The Services: Device and App
The Device is intended to conduct certain primary examination as detailed in the Instruction Guide. The integration of the Device with Your mobile device on which the App is installed enables the recording of the measurements obtained via the Device and the sharing of such information with a caregiver. Guidelines for the use and maintenance of the Device are provided in the Instructions Guide.
The App is available to users of the Device and may include the following features, among others:
- Recording of measurements’ data obtained by use of the Device;
- View of such data that has been recorded in the past;
- Asynchronous sharing of such data with a physician;
- Synchronous sharing of such data with a physician via a VOIP session.
(all such features shall be included in the definition of the “Service(s)”)
The App may be used with our Device. Each use has its advantages or disadvantages. Please refer to the applicable Instructions Guide for more information.
THE SERVICES PER SE DO NOT AND CANNOT REPLACE PROFESSIONAL MEDICAL JUDGMENT. THE SERVICES PER SE ARE NOT A REMOTE DIAGNOSTIC TOOL AND SERVE MERELY AS A MESUREMENT TOOL THAT MAY BE USED AS AN AUXILIARY INSTRUMENT FOR THE COMMUNICATION BETWEEN YOU AND YOUR PHYSICIAN. ANY DECISION MADE OR ACTION TAKEN BY YOU BASED ON THE SERVICES, ITS OUTPUTS OR THE MEDICAL ADVICE GIVEN TO YOU BY A PHYSICIAN IN CONNECTION WITH USE OF THE SERVICES IS AT YOUR AND/OR THE RESPECTIVE PHYSICIAN’S SOLE RESPONSIBILITY AND LIABILITY.
The Services are available to registered Users who opened an “Account” in accordance with Section 3 below.
Please note that the App may only be available for certain operating systems or certain approved hardware (mobile device builds). The User may only download and use the App on a device running validly licensed copies of the operating systems on which the App was designed to operate. To be able to access and/or use the App, or any portion thereof, the User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense. In addition, You hereby acknowledge and agree that You may be charged for Internet and data usage charges made through use of the Services, in accordance with the applicable rates charged by Your respective third-party Internet and data usage service provider as may occur from time to time. NONAGON will not be liable for any Internet and data usage charges which You may be charged by your respective third-party Internet and data usage service providers. You may also be charged by Your medical provider certain fees in connection with Your use of the Product. NONAGON will not be liable to You for any respective medical provider’s fees imposed on You.
The App and/or the Services contain or provide You with additional resources that may also include text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the “look and feel” of the App and/or the Services, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features available on or through the App and/or Services (collectively, the “Content”).
ALL RIGHTS IN AND TO THE CONTENT MADE AVAILABLE ON THE APP AND/OR THROUGH THE SERVICES ARE RESERVED TO NONAGON OR ITS APPLICABLE LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SERVICES, THE APP AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. NONAGON WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, THE APP AND/OR THE CONTENT AVAILABLE THEREIN.
3. Account Registration
In order to use the App and Services You must register and create an account, provided that You are eligible to use the Services in accordance with Section 1 of these Terms (the “Account”). For any individual other than You for whom You are accessing an Account, You herby acknowledge and agree to these Terms on behalf of such individual, and You hereby declare that You have all legal authority to bind such individual with these Terms and have all legal authority to access and transmit such individual’s personal information, including medical and health information. It is hereby acknowledged that You will be solely responsible and liable for all actions made by You on behalf of and/or for other individuals.
Uses of the App may require an email and password. We reserve the right to change the method of connecting to the Account at any time.
You are solely and fully responsible for maintaining the confidentiality of the password, Accounts opened by You and any other log-in details and for all activities that occur under such Account. You must notify us immediately of any unauthorized use of such Account, password or any other breach of security, and in such events, You must change the password immediately by (a) the settings of the Account (if applicable) or (b) sending us an email to Support@nonagon-care.com, or to Your medical provider’s IT support service as is or will be defined from time to time by the Company and/or by Your medical provider.
If you wish to either change a user name, phone, email address, or password to log-in to the Services, or cancel and remove an Account, You may use the setting menu or You can send us an e-mail of your request to: Support@ nonagon -care.com, or to Your medical provider’s IT support service as is or will be defined from time to time by the Company and/or by Your medical provider. Your Account will terminate within reasonable time following your request to terminate your Account.
CANCELLATION OF AN ACCOUNT MAY CAUSE INABILITY TO ACCESS THE ACCOUNT AND/OR THE LOSS OF CERTAIN INFORMATION (INCLUDING, WITHOUT LIMITATION ANY PERSONAL INFORMATION). IT IS YOUR SOLE RESPONSIBILITY TO DOCUMENT ANY INFORMATION HOSTED ON THE ACCOUNT.
4. Use Restrictions
There are certain conducts which are strictly prohibited when using the App and/or the Services. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may expose a User to civil and/or criminal liability.
USE OF THE APP WITHOUT THE APPLICABLE DEVICE AND VICE VERSA IS STRICTLY FORBIDDEN.
IN ORDER TO USE THE PRODUCT, YOU MUST POSSES THE KNOWLEDGE AND JUDGMENT TO THE EXTENT NECESSARY TO DECIDE WHETHER TO RELY ON ANY INFORMATION GENERATED FROM THE PRODUCT.
LOG-IN DETAILS TO AN ACCOUNT ARE PERSONAL AND MAY NOT BE SHARED WITH OTHERS.
You may not, whether by yourself or by anyone on your behalf, unless otherwise explicitly permitted under these Terms: (a) use the App, the Services and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App, the Services and/or the Content for non-personal or commercial purposes, without Our express prior written consent; (c) while using the Product, interfere with or violate any person’s rights to privacy and other rights, or harvest or collect Personal Information, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the App and retrieve, index and/or data-mine information, without obtaining the data subject’s express consent; (d) interfere with or disrupt the operation of the App or the servers or networks that host it, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (e) falsely state or otherwise misrepresent Your affiliation with any person or entity, or express or imply that the we endorse You, Your site, Your business or any statement You make, or present false or inaccurate information about the App and/or the Services; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our online-platform(s) infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any portion of the Content or publicly display, reproduce, create derivative works of, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (i) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to NONAGON’s proprietary rights, including our Intellectual Property (as defined below) in any way or by any means, unless expressly permitted in the Terms; (j) make any use of the Content on any other site or networked computer environment for any purpose, or replicate or copy the Content without our prior written consent; (k) create a browser or border environment around our Content (no frames or inline linking are allowed); (l) unless otherwise expressly permitted by us, sell, license, or exploit for any commercial purposes any use of or access to the App, Services and/or Content; (m) frame or mirror any part of the App without the Company’s prior express written authorization; (n) create a database by systematically downloading and storing all or any of the Content from the App (o) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (p) distribute, resell or offer the Product and/or Services for rent or lease or offer any of the above to the public in any manner, or integrate any of the above within a service of Your own, without the prior written consent of the Company; (q) access, or attempt to access, the Services other than through the interface that is provided by NONAGON, without the prior written consent of NONAGON; (r) remove or disassociate, from the Content and/or the Product and/or the Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (s) use an Account in any way that endangers the confidentiality of Personal Information (including health information); (t) infringe and/or violate any of the Terms; and/or (u) ship, transfer, or export the Product into any country, or make available or use the Product in any manner, prohibited by applicable laws.
6. MEDICAL DISCLAIMER
THE DEVICE AND APP MUST BE USED IN ACCORDANCE WITH THE INSTRUCTIONS GUIDE. NONAGON IS NOT A HEALTH-CARE PROVIDER AND THE SERVICES PROVIDED BY NONAGON DO NOT CONSTITUTE MEDICAL ADVICE OR ANY SUBTITUTE FOR MEDICAL ADVICE OF ANY KIND. NONAGON IS NOT RESPONSIBLE FOR ANY OF THE MEDICAL INFORMATION GENERATED FROM THE USE OF THE PRODUCT IN THE EVENT THE PRODUCT WAS USED NOT IN COMPLIANCE WITH THE INTRUCTIONS GDUIDE, MISUESED OR USED WHILE THE PRODUCT WAS DEFECTIVE, NOT FIT FOT USE OR MALFUCNCTIONING. THE DEVICE GENERATES MEDICAL INFORMATION AND ALLOWS COMMUNICATION BETWEEN USER AND PHYSICIAN OR OTHER APPROVED MEDICAL CLINICIAN. NONAGON IS NOT RESPONSIBLE, IN ANY WAY, FOR THE QUALITY OR ACCURACY OF THE INFORMATION GENERATED BY THE PRODUCT AND IS NOT, AND WILL NOT, BE RESPONSIBLE FOR ANY MEDICAL DIAGNOSIS, RECOMMENDATION OR OPINION PROVIDED BY SUCH PHYSICIAN OR OTHER APPROVED MEDICAL CLINICIAN AND/OR TO ANY DECISION TAKEN BY USERS IN RELIACNE ON INFORMATION GENERATED FROM THE PRODUCT. NONAGON IS NOT, AND WILL NOT, BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM, DAMAGE OR LOSS CAUSED BY THE USE OF THE PRODUCT OR THE SERVICE.
WE ARE NOT, AND WILL NOT, BE RESPONSIBLE FOR ANY USE OF THE MEDICAL INFORMATION BY PARTIES WITH WHOM SUCH MEDICAL INFORMATION IS SHARED.
You herby acknowledge that no therapist-patient or similar relationship exists between NONAGON and You. You must obtain appropriate medical advice before relying on any medical information generated from the Service.
BY USING THIS PRODUCT, YOU AGREE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
7. Information Disclaimer
It is Your sole responsibility to comply with applicable laws when using the Product and/or the Account.
You are, at all times, solely responsible for obtaining and maintaining all consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view data of persons other than yourself.
To the extent local laws oblige You to comply with privacy or health-related-information requirements, You should inform us regarding such requirements.
NONAGON CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF MEDICAL DATA, PROTECTED HEALTH INFORMATION OR ANY OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY YOU WHILE USING THE SERVICES, BY THE RESPECTIVE PHISICIAN OR CLINICIAN OR FOR SUCH USE OR MISUSE BY YOU OF THIRD PARTIES’ INFORMATION.
YOU MUST COMPLY WITH ALL APPLICABLE PRIVACY LAWS AND REGULATIONS. YOU MUST REFRAIN FROM UPLOADING OR SUBMITTING PERSONAL MEDICAL DATA WHICH MIGHT BE CONSIDERED AS PROTECTED HEALTH INFORMATION UNLESS YOU HAVE OBTAINED THE NECESSARY AUTHORIZATIONS AND CONSENTS TO ALLOW SUCH UPLOADING OR SUBMISSION. OBTAINING THE APPROPRIATE AUTHORIZATION AND CONSENT IS IN YOUR SOLE RESPONSIBILITY. BY UPLOADING OR SUBMITTING INFORMATION, YOU REPRESENT AND WARRANT THAT YOU CAN UPLOAD OR SUBMIT SUCH INFORMATION IN FULL COMPLIANCE WITH ANY APPLICABLE PRIVACY LAWS AND REGULATIONS. WE WILL NOT ASSUME ANY LIABILITY IN THIS RESPECT.
8. Intellectual Property Rights
Our Intellectual Property
Subject to these Terms, NONAGON hereby grants to You, and You accept, a personal, nonexclusive, non-commercial, non-transferable, non-sublicensable and fully revocable limited license (i) to download and use the App on Your authorized mobile device that You own or control, solely for the limited purpose of using the App for Your internal use, and for no other purpose, strictly in accordance with these Terms, the applicable Usage Rules (defined below) and applicable law; and (ii) to use the App and Content provided therein in accordance with these Terms.
The Terms do not convey to you an interest in or to the Company’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in these Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent You provide any feedbacks, comments or suggestions to NONAGON (“Feedback”), NONAGON shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of NONAGON current or future products, technologies or services and use same for any purpose, all without further compensation to You and with no need to request your approval. Furthermore, You warrant that Your Feedback is not subject to any license terms that would purport to require NONAGON to comply with any additional obligations with respect to any of NONAGON’s current or future products, technologies or services that incorporate any Feedback.
If NONAGON may provide You updates, upgrades and new versions of the App (“Updates”) according to its then policies, it may include automatic updating or upgrading of the App, with or without any additional notice to You. In such scope and when necessary, NONAGON will circulate to Users of the App Updates compatible to operating system updates. You hereby permit NONAGON to deliver these Updates to You and install them automatically on Your device, as part of Your continued use of the Services. In the event that such Updates must be manually updated or upgrade by You, then You will be required to download such Updates. If You do not follow NONAGON’s request to update the App to the most current version then NONAGON may not be able to provide You with the Services. These Terms will govern any such Updates, unless they are accompanied by a separate written license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, NONAGON has no obligation to provide Updates, except that if NONAGON becomes aware of any material security vulnerabilities in the App it will make best commercial efforts to eliminate such potential threat by providing Users with an appropriate Update.
Your Intellectual Property
You represent and warrant that You have (and will continue to have) the rights, consents, and permissions with respect to the use of the Product, by You including in respect of any information you transmit or make available via our Services. When you transmit or make available such information on the App.
You hereby agree that we may retain copies of certain information You transmit or make available via our Services, as necessary for us to comply with applicable law, including without limitation, for, among others, archival or backup purposes and to enforce the Terms, including investigation of potential violations thereof. Accordingly, we will retain the information for a period of 5 years from the date they are uploaded to the App and/or Account or as prescribed for by law.
9. Trademarks and Trade Names
All marks and logos and all other proprietary identifiers used by the Company in connection with the Product and/or Services (“Company Trademarks”) are all trademarks, service marks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App, and/or Services belong to their respective owners (“Third-Party Marks”). No right, license, or interest to the Company Trademarks and the Third-Party Marks is granted hereunder, and You agree that no such right, license, or interest may be asserted by You with respect thereto and therefore You will avoid using any of those marks, except as permitted herein.
10. Special provisions relating to Third-Party Components
The App and/or Services may use or include third-party software, files and components that are subject to open source and third-party license terms (“Third-Party Components”). Your right to use such Third-Party Components as part of, or in connection with the App and/or Services is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components. Under no circumstances shall the App and/or Services or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The App’s and the Services’ availability and functionality depend on various factors, such as software, hardware and the Company’s service providers and contractors. The Company does not warrant or guarantee that the App and/or the Services will operate at all times without disruption or interruption, or that they will be immune from unauthorized access or error-free.
12. Termination of these Terms
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall allow us to terminate your license and these Terms. In the event of Your failure to comply herewith we may immediately (temporarily or permanently) limit, suspend or otherwise terminate, Your Account and/or Your access to the App without notice. Without limiting the generality of the foregoing, we may terminate or suspend Your Account if we believe in our sole discretion that any of the following events occurred: (a) there is a threat to the security or integrity of Your Account, our network or our servers; (b) suspension or termination is needed to protect the rights (including without limitation, privacy rights), property or safety of the Company, Users or the public; (c) we have reasonable grounds to suspect that You do not meet the eligibility requirements specified in Section 1 above; (d) You are using the Services in order to compete with NONAGON; (e) You have violated any of these Terms; and/or (f) we are required to by law.
If You object to any term hereof, as may be amended from time to time, or become dissatisfied with the Services, You may terminate these Terms at any time by closing Your Account, uninstalling our App and stopping Your use of our Services and this will be Your sole remedy in such circumstances.
Upon termination of these Terms: (i) the license and all other rights granted to You hereunder will automatically terminate; (ii) You must immediately cease all use of the App and Services, delete and destroy all copies of the App in Your possession or control, and (ii) the provisions of these Terms that, by their nature and content must survive the termination of these Terms shall so survive.
We shall use reasonable efforts to provide You a notice in the event of termination or suspension of Your Account. During the suspension period, You will not have the ability to use or access Your Account. In the event that we determine, in our sole discretion, that the reason for suspension of access to Your Account has been resolved, we will restore access to Your Account.
14. Usage Rules
Since You may be downloading the App from a third-party platform (“Platform Provider”) Your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to Your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply and it is Your responsibility to determine what other Usage Rules are applicable to Your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to Your use of the App are incorporated herein by reference. In the event of a conflict between these Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is hereby expressly prohibited.
15. GENERAL DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE APP, THE SERVICES, THE CONTENT AND THE THIRD-PARTY COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NONAGON AND ITS VENDORS, INCLUDING NONAGON’S AND SUCH VENDORS’ SHARHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.
IN ADDITION TO OTHER DISCLAIMERS CONTAINED IN THESE TERMS, AND UNLESS OTHERWISE STATED IN A WARRANTY STATEMENT, WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE APP OR SERVICES IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APP AND/OR SERVICES, UNLESS SPECIFIED OTHERWISE IN THESE TERMS, (III) THAT THE APP WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR MOBILE DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, AND/OR (IV) MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE APP AND/OR CONTENT (INCLUDING THAT THE RESULTS OF USING THEM WILL MEET YOUR WISHES). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE APP AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO THEIR AVAILABILITY, RELIABILITY OR QUALITY, AND IT IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND INFORMATION DISPLAYED WITHIN THEM.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SERVICES, THE PRODUCT AND/OR THE CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COVERED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA), UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), RESULTING FROM OR IN CONNECTION TO THE PRODUCT, THE SERVICES AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THEM OR THEIR FAILURE TO PERFORM AS REPRESENTED OR EXPECTED, ANY OTHER ACT OR OMISSION OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER NONAGON OR ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COVERED PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCT, SERVICES OR CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DEVICE.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
17. Export and the Location of the User
The App may be subject to export laws of certain jurisdictions. The User agrees not to ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws.
18. Changes to the Terms
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between You and the Company, (b) any claim relating to the Product, the Content or the Services or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel. Without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Product, the Content or the Services will be brought in, and You hereby consent to exclusive jurisdiction and venue in, the competent state courts of Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, NONAGON may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between You and the Company, (e) no waiver by Company of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PRODUCT, THE CONTENT AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) You may not assign or transfer Your rights under these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void and may allow the termination of the Services in accordance to section 12. We may assign or transfer these Terms without restriction or notification except that You will have a right to terminate these Terms upon such assignment, (i) no amendment hereof will be binding unless in writing and signed by NONAGON, and (j) NONAGON will not liable for any delay or failure to provide the App and/or Services resulting from circumstances or causes beyond the reasonable control of NONAGON (i.e. force majeure).
20. Contact Information
If You have any questions (or comments) concerning the Terms, You are most welcome to send us an e-mail to the following address, and we will make an effort to reply within a reasonable timeframe: Support@nonagon-care.com, or to Your medical provider’s IT support service as is or will be defined from time to time by the Company and/or by Your medical provider.