1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and ēpi Health Optimization Platform ("ēpi Health", "we", "our", or "us") governing your access to and use of the ēpi Health platform, website, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
2. Changes to Terms
We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by updating the date at the top of these Terms and by maintaining a current version of the Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
3. Privacy Policy
Our Privacy Policy describes how we handle the information you provide to us when you use our Services. By using our Services, you consent to our collection and use of personal data as outlined in our Privacy Policy.
4. Account Registration and Security
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. User Content
Our Services may allow you to store, share, or otherwise make available certain information, text, graphics, videos, or other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post to our Services.
By providing User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform such User Content for the purposes of operating and providing our Services.
You represent and warrant that:
- You own the User Content or have the right to grant the rights and licenses described in these Terms.
- The User Content does not violate these Terms, applicable law, or the rights of any third party.
6. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Using the Services for any illegal purpose or in violation of any local, state, national, or international law.
- Violating or infringing other people's intellectual property, privacy, publicity, or other legal rights.
- Engaging in, promoting, or encouraging illegal activity.
- Interfering with or disrupting the Services or servers or networks connected to the Services.
- Attempting to gain unauthorized access to our Services, user accounts, or computer systems.
- Harvesting or collecting email addresses or other contact information of other users from the Services.
- Impersonating another person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
- Uploading or transmitting viruses, malware, or other types of malicious software.
- Engaging in any automated use of the system, such as using scripts to send messages or posts.
7. Health Information and Disclaimer
The Services may provide general health and wellness information. This information is not medical advice and should not be used for diagnosing or treating health problems or diseases. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Services.
8. Intellectual Property Rights
The Services and their original content (excluding User Content), features, and functionality are and will remain the exclusive property of ēpi Health and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ēpi Health.
9. Termination
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ĒPI HEALTH, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless ēpi Health, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.
13. Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
14. Dispute Resolution
Any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration will be conducted in San Francisco, California, unless we mutually agree to hold the proceedings elsewhere.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ēpi Health regarding the Services and supersede all prior agreements and understandings, whether written or oral.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@epihealth.com
Address: ēpi Health, Inc., 123 Health Street, San Francisco, CA 94105, USA