Ejenta End User License Agreement and Terms of Service

Last Updated Date: May 1, 2020

1. Introduction and Eligibility

Please read this End User License Agreement and Terms of Use (the “EULA”) carefully before using the Ejenta mobile application.

Binding Agreement. This EULA constitutes a binding agreement between you and Ejenta, Inc. and its affiliates and subsidiaries (“Ejenta,” “we,” “us,” and “our”) governing your use of the App. “App” means our Ejenta mobile app (the “App”) and all Internet services under the control of Ejenta that are operated in connection with the App. “Services” shall refer to any services provided by Ejenta through your use of the App, including the provision of any information or data through your use of the App.  “You” and “users” mean all users of the App. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT DOWNLOAD OR USE THE APP.

You may use the App only if you are of legal age to form a binding contract (or, if you are a minor, if you have your parent’s or legal guardian’s permission to use the App, and your parent or legal guardian has read and agrees to this EULA on your behalf) and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You affirm that you have not been previously suspended from or removed as a user of the App.

You accept this EULA each time you access the App. If you do not accept this EULA, you must not use the App.

Revisions to Terms. We may revise this EULA at any time by posting an updated version. You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the App after a change to this EULA constitutes your binding acceptance of this EULA. Notwithstanding the preceding sentences of this paragraph, no revisions to this EULA will apply to any dispute between you and Ejenta that arose prior to the date of that revision.

Privacy Policy. This EULA includes the Ejenta Privacy Policy which is available at https://www.ejenta.com/ejenta-privacy-policy (the “Privacy Policy”) and which is incorporated by reference into this EULA. By using the App you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

To have a copy of this EULA and the Privacy Policy sent to you, contact Ejenta at privacy@ejenta.com.

Material Terms. As provided in greater detail in this EULA (and without limiting the express language of this EULA below), you acknowledge the following:

  • the App is licensed, not sold to you, and you may use the App only as set forth in this EULA;

  • the use of the App may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility;

  • you consent to the collection, use, and disclosure of information you provide and other information obtained about you from your use of the App or otherwise, including personally identifiable information and location information, in accordance with the Privacy Policy;

  • the App is provided “as is” without warranties of any kind and Ejenta’s liability to you is limited;

  • the App may require access to the following services or resources on your mobile device: applicable device identifier, phone state and identity, location, Bluetooth connection, data from other applications, websites and devices that collect data about you, and Internet and data services; and

  • if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” below.

2. The Ejenta App

The App allows you to record and share information collected from your device or collected by third party applications, websites and devices. The App may also allow you to communicate with other users by using messaging features. You may access the App for your personal informational purposes only and solely as intended through the provided functionality of the App and as permitted under this EULA.

You are responsible for all charges, including data fees, from your Carrier, that are incurred through access of the App through a mobile device.

Third-Party Services. The App may link or connect to third-party applications, websites or devices to facilitate its provision of services to you. You are responsible for evaluating whether you want to access or use them. Ejenta is not responsible for and we do not endorse any features, content, advertising, products, services, business practices or other materials on other third-party applications or websites, whether or not Ejenta is affiliated with those third-party applications or websites. Through our use, we do not endorse the organizations sponsoring those third-party applications and websites, or their products or services. You assume all risk and we disclaim all liability arising from your use of third-party applications or websites.

App Security. You are prohibited from violating, or attempting to violate, the security of the App. Any violations may result in criminal or civil penalties against you, as well as the termination of your privilege to use the App, at Ejenta’s sole discretion. Ejenta reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer the suspected violation to the appropriate law enforcement agencies and cooperate fully with the investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the App.

3.  License

The App is licensed, not sold, to you for use only under this EULA. Ejenta reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Ejenta hereby grants you a personal, limited, revocable, non-transferable license to use the App solely for your personal, non-commercial use, and to use the App on any compatible device that you own or control. You may not modify, alter, reproduce, distribute, or make the App available over a network where it could be used by multiple devices or users at the same time. You may not rent, lease, lend, sell, redistribute, copy or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or any content available through the App. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by Ejenta that replace or supplement the original App or any other portion of the App, unless that upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.

4.  Medical Information Disclaimer

The information in the App is for informational purposes only. This information is in no way meant to be a substitute for medical treatment and may not be construed as medical advice, diagnosis, or treatment. Nothing contained in the App is intended to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your jurisdiction. No action or inaction should be taken based solely on the information made available through the App. Instead, patients should consult with appropriate health professionals on any matter relating to their health and well-being. If you have any questions or concerns about treatment for medical issues, you should contact your healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information provided in the App.

5.  Third Party Software

The software you download consists of a package of components, including certain third party software (“Third Party Software”) provided under separate license terms (the “Third Party Terms”), which can be found in the documentation for the App or the applicable help, notices, about, or source files. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.

6.  Your Account

Upon launching the App, if you do not already have an account, you will be prompted to create one. You may be allowed or required to create an account by using log-in functionality or information provided by your health provider. You represent and warrant that the information you provide to Ejenta or that is provided to Ejenta on your behalf by your health provider to sign into the App will be true, accurate, current, and complete upon registration and will ensure that this information is kept accurate and up-to-date at all times.

Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Cancellation. As permitted under the terms of this EULA, we have the right at any time for any reason or no reason to suspend or terminate your account, terminate this EULA, or refuse any and all current or future use of the App without notice, obligation, or liability to you.

7.  Location-Based Services

Some of the features of the App may enable Ejenta to access your location in order to tailor your experience with the App based on your location (“Location-Based Services”). In order to use certain Location-Based Services, certain features of your mobile phone must be enabled, such as GPS, Wi-Fi, and Bluetooth, which enable Ejenta to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. To the extent your location is collected through Wi-Fi or Bluetooth sensors, those sensors, and the associated data services, may be provided by a third party, and you agree and acknowledge that the third party may access that information for the purpose of providing the data services to Ejenta. If you choose to disable any Location-Based Services on your device, you will not be able to utilize certain features of the App. By enabling Location-Based Services on your device, you agree and acknowledge that (a) device data we collect from you is directly relevant to your use of the App, (b) Ejenta may provide Location-Based Services related to and based on your then-current location, and (c) Ejenta may use any information collected in connection with the provision of Location-Based Services in connection with its provision of the App. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND Ejenta DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES.

8.  Communications

You consent for Ejenta to communicate with you through the methods outlined below. You understand that these communications may involve the use and disclosure of your personal information or protected health information (if provided by a HIPAA covered entity) to carry out operations related to the App and all services under the control of Ejenta that are operated in connection with the App. You further understand that you may change your communications preferences with Ejenta at any time in the App, or by emailing privacy@ejenta.com, or mailing a written request to the address below.

Email. You consent to receive email from Ejenta at the email address you provided, for customer service-related purposes and in connection with providing communications that are features of the App (e.g., reminders, notifications and alerts). We may also send you push notifications for those same purposes through the App itself. You consent for Ejenta to contact you via unencrypted email in reference to any items that assist Ejenta in providing services related to the App, such as reminders, shipment and delivery of equipment and any communications pertaining to your care.

Electronic Notices. By using the App, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by sending you a notice via the App or sending an email to you.

Text Messages. By providing us with your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive unencrypted SMS text messages at that number as requested. The App may allow you to receive messages from other users or from Ejenta via SMS. You consent for Ejenta to contact you via unencrypted SMS text messages in reference to any items that assist Ejenta in providing services related to the App, such as reminders, shipment and delivery of equipment, and any communications pertaining to your care.

While we do not charge a fee for text messages, your wireless service carrier may charge standard messaging, data, and other fees. You are responsible for these charges. You may be able to change your text message preferences using the App. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.

Telephone. You consent for Ejenta to call your home number, mobile number or other alternative number and leave a message on voicemail in reference to any items that assist Ejenta in providing  services related to the App, such as reminders, shipment and delivery of equipment, and any calls pertaining to your care. 

Sending Chat Messages Through the App. The App may include functionality that allows you to send and receive chat messages from your health provider or other App users. You agree that you will not send messages to individuals who have requested that you not send them messages. We reserve the right to restrict the number of communications that you send to other users in any specified period to a number that Ejenta deems appropriate in its sole discretion. You agree that your use of the App will not include sending unsolicited marketing messages or broadcasts (i.e., spam).

9.  Ejenta’s Content Ownership and Use

The contents of the App include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and Ejenta content (collectively, the “Ejenta Content”). All Ejenta Content and the compilation (meaning the collection, arrangement, and assembly) of all Ejenta Content are the property of Ejenta or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to this EULA, to access and use the App and Ejenta Content solely for the use of the services provided by Ejenta, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Ejenta Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Ejenta Content on any copy you make of Ejenta Content.

You may not copy, reproduce, republish, upload, post, transmit, or distribute material made available on or through the App in any way without written permission of the copyright owner. You may not download or copy materials that we do not make expressly available for download without our prior written permission. Modification of materials obtained from the App, including, but not limited to, User Content (as defined below), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Ejenta or its licensors, unless you have obtained express written authorization to the contrary.

No Commercial Use. No materials obtained from the App, even if authorized for download from the App, may be redistributed, nor may they be used for any commercial purpose, without Ejenta’s prior written permission.

Additional Licenses. Certain materials made available for download from or through the App may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license. Any of those terms and conditions will be identified in advance for those materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with those terms and conditions.

No Implied Rights. There are no implied licenses granted in this EULA. All rights not granted in this EULA are expressly reserved by Ejenta, our licensors, or the copyright owner of any User Content.

Ejenta Marks. Ejenta, the Ejenta logo, and other Ejenta logos and product and App names are or may be trademarks of Ejenta or its licensors (the “Ejenta Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Ejenta Marks.

10.  Intellectual Property Rights and Our License to Use

Your User Content. Except for Ejenta Content provided to you on or through the App, you agree that you, solely, are responsible for, and assume all liability and consequences regarding, the data, photos, video, audiovisual, audio, text, and any other content that you submit, directly or indirectly by a third party on your behalf, through the App or to Ejenta (including, without limitation, data submitted to or collected by the App or Ejenta from any of your devices or third party applications, websites and devices that provide information or data about You), along with all associated metadata (which may include, without limitation, your device type, applicable device identifier, IP address, phone state, as well as date, time, and application and location data associated with Internet and data services and the creation or submission or a particular piece of content) (collectively “Your User Content”).

You Must Have Rights to the Content You Submit. You represent and warrant that: a) you own all intellectual property rights in any information You submit, directly or indirectly by a third party on your behalf, through the App or to Ejenta (including, without limitation, data submitted to or collected by the App or Ejenta from any of your devices or third party applications, websites and devices that provide information or data about You) or that You have the appropriate license rights from the owner to submit such information, including, without limitation, any data submitted to or collected by the App or Ejenta from any of your devices or third party applications, websites and devices that provide information or data about You. (b) the submission and use of Your User Content on or through the App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; (c) the submission of Your User Content on the App will not require Ejenta to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (d) the submission of Your User Content on the App does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of submitting Your User Content through the App. You also acknowledge and agree that Your User Content is non-confidential.

Ejenta’s Use of Your User Content. By submitting or sharing Your User Content through the App or permitting such information to be collected by the App or Ejenta, You grant Ejenta a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use in any manner, copy, modify, adapt, publish, translate, create derivative works, publicly perform or display, and distribute Your User Content for any purpose without compensation to you, including for the purpose of promoting Ejenta and the App, including after your account is cancelled or otherwise terminated. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you, but please let us know if you object to any of those uses and where appropriate in our sole discretion, we will attempt to address your concerns. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion. You acknowledge that Ejenta has the perpetual and irrevocable right to delete any or all of your content and data from our servers and from the App, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

You warrant that any information You submit to the App is free of any software viruses, malware, worms, Trojan horses, or other computer code, files, or programs that may disrupt, damage, or interfere with the proper functioning of the App, Content, or Services. Ejenta reserves the right to remove any information You submit at any time for any reason or for no reason. Except as required by any applicable statute, Ejenta shall not be responsible for any use or disclosure of any information You submit to the App or Ejenta. You acknowledge that information, such as electronic data from applications, websites and devices or Content, may be compromised or impermissibly obtained by third parties, particularly during transmission of such data, and that Ejenta shall not be responsible for any disclosure or use of such information impermissibly obtained by a third party.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the App, any right, title, or interest (including intellectual property rights) in content delivered via the App.

The App contains content from users and other Ejenta licensors. Except as provided within this EULA, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the App.

Consent to Use of Data. You agree that Ejenta may collect and use technical data and related information, including, but not limited to, unique device identifiers and other technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App, and to track and report your activity inside of the App, including for analytics purposes. Please see the Ejenta Privacy Policy at https://www.ejenta.com/ejenta-privacy-policy for more details regarding the information Ejenta collects and how it uses and discloses that information.

11.  Intellectual Property Policy

Ejenta respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the App.

12.  Suggestions and Submissions

We appreciate hearing from our users and welcome your comments regarding the App. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:

  • have a perpetual, irrevocable, non-exclusive right in and to any Creative Ideas and will own exclusive any derivative works based upon your Creative Ideas created by or for us;

  • not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and

  • be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

13.  Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by users (“User Content”). You accept that any reliance on material submitted by other users or third-party service providers will be at your own risk. By using the App you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the App. Ejenta does not endorse any, nor is it responsible for, User Content on the App. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You understand that by using the App, you may encounter data, information, applications, or materials from third parties, including other users of the App and other content, including Ejenta Content (as defined below) (collectively, “Content”), that may be deemed offensive, harmful, indecent, objectionable, inaccurate, deceptive, or otherwise inappropriate which Content may or may not be identified as having explicit or inappropriate language or other material. Nevertheless, you agree that your use of the App and reliance upon any Content accessible through the App is at your sole risk and that Ejenta will not have any liability to you for content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable or inappropriate.

You agree to use the App only for its intended purpose. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the App are prohibited. You may not:

  • attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the App, user accounts, or the technology and equipment supporting the App;

  • bypass, circumvent, damage, or otherwise interfere with any security or other features of the App designed to control the manner in which the App is used, harvest or mine Content from the App, or otherwise access or use the App in a manner inconsistent with individual human usage;

  • use data mining, robots, or other data gathering devices on or through the App;

  • post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

  • post or otherwise disclose personal information about another person via the App (including photos of other people) or obtained from the App without the consent of that person, or collect information about users of the App;

  • post objectionable material;

  • “stalk,” harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Ejenta employees;
    sell, transfer, or assign any of your rights to use the App to a third party without our express written consent;

  • post advertising or marketing links or content, except as specifically allowed by this EULA;

  • use the App after your account has been terminated or disabled, without our consent;

  • use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to Ejenta or others;

  • buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account without Ejenta’s prior written consent;

  • access the App from a jurisdiction where it is illegal or unauthorized;
    reproduce any part of the App;

  • solicit personal information from anyone under the age of 18;
    promote any criminal activity on the App; or

  • assist or permit any persons in engaging in any of the activities described above or otherwise prohibited under this EULA.

14.  Consequences of Violating this EULA

We reserve the right to suspend or terminate your account and prevent access to the App for any reason, including if you engage in activity that, in Ejenta’s sole judgment, violates this EULA, without notice and at our discretion. We reserve the right to refuse to provide the App or any portion thereof to you in the future and we may block or prevent your future access to and use of the App or any portion thereof.

Ejenta may review and remove any User Content at any time for any reason, including if you engage in activity which, in Ejenta’s sole judgment: violates this EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, or illegal; or violates the rights of, or harms or threatens the safety of, users of the App.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the App.

You are solely responsible for maintaining backup copies of any User Content you post to the App. We are not responsible for the deletion or unavailability of any User Content.

15.  Ejenta’s Liability

Changes to the App. We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the App. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Ejenta of all claims, demands, and damages in disputes among users of the App. You also agree not to involve us in those disputes. 

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the App. Use the App at your own risk.

Use of the App. We make no promises and disclaim all liability of specific results from the use of the App.

DISCLAIMER OF WARRANTIES

THE APP, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EJENTA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EJENTA DOES NOT WARRANT THAT THE APP, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP, CONTENT, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EJENTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE APP, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP, CONTENT, OR SERVICES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE APP, CONTENT, OR SERVICES, INCLUDING ANY DAMAGES TO YOUR HEALTH, INCLUDING DEATH, OR DAMAGES RESULTING FROM COMPUTER VIRUSES. EJENTA DOES NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY WARRANTIES MADE BY ANY THIRD PARTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT THE APP, CONTENT, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP, CONTENT, OR SERVICES, DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND SHOULD NOT BE RELIED UPON AS SUCH AND THAT YOUR USE OF THE APP IS NOT A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AS THAT IS THE RESPONSIBILITY OF YOUR PHYSICIAN OR HEALTH CARE PROVIDER. YOU REPRESENT AND WARRANT THAT YOU HAVE CONSULTED A PHYSICIAN BEFORE USING THE APP, CONTENT, AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP, CONTENT, OR SERVICES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

NEITHER EJENTA NOR ANY OTHER PARTY INVOLVED IN CREATING OR DELIVERING THE APP, CONTENT, OR SERVICES SHALL BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE APP, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP, CONTENT, OR SERVICES. THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION (WHETHER BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR EQUITABLE CLAIM), EVEN IF EJENTA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE FOREGOING LIMITATION APPLIES TO ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, OR INABILITY TO USE, THE APP , PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS RELATED TO THE APP, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; AND/OR (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE APP, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP CONTENT, OR SERVICES. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. EJENTA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY A PHYSICIAN OR HEALTH CARE PROVIDER’S USE OR RELIANCE UPON THE APP, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA PROVIDED BY THE APP, CONTENT, OR SERVICES, IN PROVIDING MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT TO YOU. EJENTA’S AGGREGATE LIABILITY TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO $100. 

You agree to defend, indemnify, and hold harmless Ejenta, its licensors, licensees, distributors, agents, representatives and other authorized users, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, attorneys’ fees, and expenses arising out of or in connection with (i) your use, including, without limitation, your use for a third party or any third party’s use on your behalf, of the App, Content, or Services, including, without limitation, any information or data provided by the App, Content, or Services, (ii) your violation of this EULA, (iii) your violation of any third party right, including, but not limited to, copyright, trademark, or privacy right, and (iv) any submission by You that causes damage to a third party. You shall cooperate as fully as reasonably required in the defense of any claim. Ejenta reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You shall not enter into any settlement agreement that affects the rights of Ejenta without Ejenta’s prior written approval. Ejenta will use reasonable efforts to notify you of the claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Ejenta is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding Ejenta’s inability to contact you in a timely manner.

16.  General Terms

This EULA constitutes the entire agreement between you and Ejenta concerning your use of the App. Our failure to exercise or enforce any right or provision of this EULA does not constitute a waiver of that right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect. Any summary sections, section titles, and annotations in this EULA and the Privacy Policy are for convenience only and have no legal or contractual effect. The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, Sections 9 (Ejenta’s Content Ownership and Use), 10 (Intellectual Property Rights and Our License to Use), 12 (Suggestions and Submissions), 13 (Content Disclaimers, Limitations, and Prohibitions), 15 (Ejenta’s Liability), 16 (General Terms), and 17 (Governing Law and Venue).

17.  Governing Law and Venue

This EULA and the relationship between you and Ejenta shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Ejenta that arises in whole or in part from your use of the App, Content, or Services shall be decided exclusively by a court of competent jurisdiction located within San Francisco County, California or by the United States District Court for the Northern District of California, and You agree to the personal jurisdiction of such courts.

18.  Contact Information

Ejenta
181 Second Street
San Francisco, CA 94105
info@ejenta.com

NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Ejenta only, not with Apple or your phone manufacturer, and Apple or your phone manufacturer, are not responsible for the App or the content thereof. Apple or your phone manufacturer have no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple or Google and Apple or Google will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple or Google have no other warranty obligation whatsoever with respect to the App. Apple or Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple or Google are not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, Google and their subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby 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. If Ejenta provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.