Safari Health Inc.
BETA LICENSE AGREEMENT
Terms Safari Health Inc. MOBI End User License Agreement End User License Agreement terms and conditions governing download and use of this mobile application. Please read these End User License Agreement terms and conditions carefully. The following paragraphs set forth the terms and conditions (Terms) under which Safari Health Inc. a Sacramento, California based Health Informatics Company (alternatively referred to as us, we, our) offers you the right to download and use the MOBI mobile application (Application). By downloading or using the Application, you signify your agreement to the Terms and certify that you are at least 13 years old or older. If you do not agree to these Terms, or you are not at least 13 years old, you may not download or use the Application. If you are 13 years old or older but under the age of 18, you should review this Agreement with your parent or guardian. These Terms constitute an agreement strictly between Safari Health Inc. and you and you acknowledge that Safari Health Inc. (in accordance with the limitations herein) rather than is responsible for any claim or liability arising from your use of the Application including, but not limited to, any third party claim of infringement of intellectual property rights. Nevertheless, you agree to abide by all terms, conditions or usage rules imposed by Apple, Inc. (“Apple”) or Google, Inc. (“Google”) applicable to the use of this Application or the “Services” as defined by Apple or Google, including but not limited to their specific “App Store”.
1. Ownership, License and Restrictions The Application is licensed, not sold, to you. All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Application belong to us or our licensors. We grant you a nontransferable, revocable, limited license to use one copy of this Application on a mobile device that you personally own or control. You may not install or use a copy of the Application on a device you do not own or control. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. The Application is only for your personal non-commercial use. You may not sell, rent, lend, lease, redistribute, or sublicense the Application or work around any technical limitations in the Application. You may not copy, reverse engineer, decompile, disassemble, modify, create derivative works or otherwise attempt to derive the source code of this Application. This Application and its content are protected by copyright under both United States and foreign laws. Any use of the Application and its content not explicitly permitted by these Terms is a breach of this agreement and may violate the law. If you violate these Terms, your permission to use this Application automatically terminates and you must immediately cease using the Application and destroy all copies, full or partial, of the Application.
2. Your Responsibilities as the Application User Use of the Application requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. Safari Health Inc. is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password to or with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your phone when not in use to avoid any breach of the security of your information and or misuse of your identification, password or the Application. You agree not to use the Application or email to communicate in an offensive or obscene manner, spam, threaten, defame or harass other users. Safari Health Inc. is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. Any objectionable activity or language used in the Application may be removed by Safari Health Inc. at any time. Safari Health Inc. reserves the right to not publish or to terminate any, communication, email or posting it determines objectionable in its sole discretion.
3. Website Terms of Use THE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT FOR USE IN MEDICAL EMERGENCIES. YOU CANNOT CONTACT YOUR PHYSICIAN OR CARE TEAM USING THIS APPLICATION. IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER DIRECTLY OR CALL 911. The Application will enable access to relevant Safari Health Inc. websites. You hereby accept and agree to abide by all terms and conditions applicable to the use of any Safari Health Inc. website, incorporated herein by reference including, but not limited to, the Terms of Use Regarding Website Content, Notices of Privacy Practices and all other terms, policies, conditions or required disclosures provided by reference or embedded hyperlink on the Application or websites, which may be amended from time to time without notice to you. You further acknowledge that access to third-party or non-Safari Health Inc. services and websites (“External Services”) may require you to accept additional terms and conditions. You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither Safari Health Inc. nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to additional third party websites. By using the External Services, you acknowledge and agree that neither Safari Health Inc. nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Neither Safari Health Inc. nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you
4. Privacy Statement BY USING THIS APPLICATION YOU ARE AGREEING TO SHARING YOUR COMPLETE USER DATA WITH YOUR CARE TEAM. YOU ARE ALSO AGREEING TO SHARING YOUR DE-IDENTIFIED/ANONYMIZED DATA WITH SAFARI HEALTH, INC. Safari Health Inc. will own and use your anonymized data to improve the quality of its product and services. This Agreement is governed by the terms and conditions of the Notices of Privacy Practices, available via embedded hyperlink on the Application and/or Safari Health Inc. websites, which may be amended from time to time without notice to you.
5. Export Restrictions The Application is subject to United States export laws and regulations. You will not use or otherwise export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed in any U.S. Government list of prohibited or restricted parties.
6. Disclaimer of Warranty Any use of the Application for its intended purpose, including but not limited to, access to personal health information, claim or financial account information, nurse consultation, provider location services, [List any other here] (“the Services”) shall be at your sole risk. This Application and the information you access through the Application is provided on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis and without warranty, express or implied to the fullest extent permissible pursuant to applicable law. Safari Health Inc., Apple or Google, Wireless Carriers over whose network the Application is distributed and each of our respective affiliates and suppliers (“Distributors”) give no express warranties, guarantees, or conditions under or in relation to the Application. Distributors disclaim all express or implied warranties related to the Application including, but not limited to, implied warranties for merchantability, non-infringement, and fitness for a particular purpose. Distributors make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Application or any information accessed through the Application. Distributors cannot and do not warrant against human, services and machine errors, omissions, delays, failures, interruptions or losses. Distributors cannot and do not guarantee or warrant that the Application will be free of infection or viruses, worms, malware, Trojan Horses or other malicious codes. Safari Health Inc. reserves the right to terminate, without notice, your use of the Application at any time and for any reason. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7. LIMITATION OF LIABILITY Under no circumstances will Distributors be liable for damages you suffer as a result of your reliance on this Application or any content provided by the Application or third party Internet sites, nor will Distributors be liable for any incidental, special, consequential, indirect or punitive damages whatsoever, including, without limitation, loss of profits, loss of data, business interruption or any other personal injury or commercial damages or losses arising out of or that result from the use of, or the inability to use, the Application, regardless of the theory of liability (contract, tort, strict liability, negligence, guarantee or condition, or otherwise) even if advised of the possibility of such damages or repair or replacement of the Application does not fully compensate you for any losses. In no event shall Distributor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of 100 dollars ($100). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Maintenance and Support Services Any maintenance and support services made available by Safari Health Inc. are at the discretion of Safari Health Inc. which may initiate or cease providing maintenance and support services at any time without notice to you. You acknowledge that Apple or Google and your wireless carrier are not responsible for providing maintenance and support services for the Application.
9. Location Data Safari Health Inc., Apple, Google, Distributors or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Applications full functionality. By using or activating any location-based services on your mobile device, you agree and consent to Safari Health Inc.’s, and such parties’ collection, maintenance, publishing, processing and use of your location data to provide you with such services. Safari Health Inc. does not collect location data in a form that personally identifies you. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features will impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither Safari Health Inc., nor such parties guaranty the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.
10. Choice of Laws, Jurisdiction, Entire Agreement By downloading or using the Application, you expressly agree that these Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. You further expressly agree that exclusive jurisdiction for any dispute with Safari Health Inc. in any way relating to your use of this Application is in the federal or district courts of the State of California, Sacramento County, and you agree and expressly consent to the exercise of personal jurisdiction in state or federal court in the State of California, Sacramento County in connection with any such dispute including any claim involving Safari Health Inc. or its affiliates or content providers. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. As a user of the Application, you agree to contact us prior to seeking legal recourse for any harm you believe you have suffered from your use of the Application. In the event that you believe our Application has harmed you, you agree to inform us and to give us thirty (30) days to cure the harm before initiating any action. You also agree that you must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.
11. Indemnity You will defend, indemnify and hold Safari Health Inc., its officers, directors, employees, agents, licensors, and vendors, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms, whether by act, omission or negligence, including but not limited to any claims involving intellectual property, marks or copyrights.
12. Third Party Beneficiary Safari Health Inc. and you acknowledge that Apple or Google and their subsidiaries are third party beneficiaries to this agreement. Upon your acceptance of these Terms, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. Aside from Apple or Google, there are no third party beneficiaries to this agreement.
13. Amendment We have the right, at any time and without prior written notice, to add to or modify the Terms, by amending the Terms available within the Home page or by requiring you to accept an updated agreement upon accessing the Application. Your access or use of the Application after the date of such amended Terms constitutes acceptance of such amended Terms.
14. Contact us. For Technical Questions, call: 1-916-669-1160 (8:00 AM – 10:00 PM ET Monday-Friday)