This is a legal agreement between you (either an individual or entity) and Appemble LLC (Appemble. "us", "we", "our") regarding the use of software products and services provided by Appemble including but not limited to "Jivayu, my health assistant" and the website at http://www.jivayu.com. This end user license agreement governs all use of the software and all content, services and products (including text, information, images, databases and other tools) under "Jivayu, my health assistant" name and the website http://www.jivayu.com (taken together, the Application). You agree that this agreement is between you and Appemble and not with Google™ or its affiliates (collectively called Google™) and Appemble is solely responsible for writing this software and its content.
Grant of License - Subject to the terms of this Agreement, Appemble grants you a limited, nonexclusive, personal, revocable, nontransferable license to access and use the Application. You may use one copy of the specified version of the software for personal educational and informational purpose only. You may install one copy of the software on any Android™ device permitted by the "usage rules" of the Google™ Play Store Terms of use agreement. The software application is licensed to you, not sold. All rights not expressly granted in this agreement are reserved by Appemble. You may not distribute this software through any medium to anybody. This right to use this software (license) will automatically terminate if you do not comply with the terms of this Agreement. You may not use, download, or export the Application in violation of any applicable laws or regulations.
2. Restrictions - You may not rent, lease, sell, sublicense, assign, reverse engineer, disassemble, decompile, loan, distribute, export or otherwise transfer, or allow others to use this Application, technology or other information, including any printed materials of the same, nor you may create derivative works of or otherwise modify the same. While signing up, you agree to provide a valid email address.
3. Ownership and Intellectual Property - This software is owned by Appemble and is governed by the copyright laws of United States of America (USA). Appemble retains all rights, patents, trademarks, copyrights, trade secrets and other intellectual property rights to this Application including but not limited to database, images, animation, themes, audio, video and text embedded in the Application.
4. Termination - Appemble may terminate your access to all or any part of the Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this you may simply discontinue using the Application. Upon termination you shall cease to use and shall permanently remove or uninstall all copies of the Application in its entirety. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If you wish to get your personal data removed from the Application's website, please contact us. The details of the contact information are at the bottom of this agreement.
5. Maintenance and Updates - This license is limited to the version of the Software downloaded and does not include subsequent versions or updates. Appemble may create and release updates of the Software from time to time. Appemble may make such updates available to you subject to your payments being current with no past dues. Appemble, at its sole discretion may provide maintenance and support services with respect to this application, however Google™ has not obligation whatsoever to furnish any maintenance and support service for this application.
6. Backup and Data Protection - You are solely responsible for the data provided by You to the Application, including its accuracy and security. In the event Appemble reasonably becomes aware of a security breach, including the unauthorized access of a User's data utilizing the Application which is not deemed to be a breach initiating with the User, then Appemble will provide notice to the User of such breach within 30 days of becoming aware of such breach. Such notice may be provided by e-mail provided you registered with a valid email address. Appemble is not responsible for any damages relating to the improper utilization of data or breach of security provisions.
7. Ability to Accept Terms of Service - You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Application is not intended for children under 13. If you are under 13 years of age, please do not use the Application.
8. Disclaimers
a. Health and Medical Information - This Application is provided only for informational purposes for your personal education and convenience. This application DOES NOT provide any medical diagnoses, treatment options, advice, or directions to care for individual patients. Any informational messages generated by this application MUST NOT BE considered as a substitute for a medical exam, medical advice or opinion from a licensed practioner, or considered as a definitive treatment option, (examples including but not limited to medication, physical activity advice, or nutritional counseling. YOU MUST CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE FOLLOWING THESE INFORMATIOAL MESSAGES. The informational messages CANNOT BE USED to refill prescription medications or choose one diagnosis or treatment over the other. You MUST ALWAYS seek appropriate advice from qualified medical professionals for any medical condition (new or existing) you may have and MUST NOT delay seeking a consultation based on any information provided by this application. YOU MUST ASSUME full responsibility and risk before following any of the INFORMATIONAL MESSAGES generated by this application.
b. Warranty and Waivers - This application is provided to you AS-IS without any warranties implicit or explicit. You assume all risks and responsibilities about the use of informational messages that you get from this application. Appemble makes no WARRANTY that the application will be error free, free from interruption or failure to the extent permitted by the law. Appemble disclaims all warranties explicitly written or implied of merchantability for a particular purpose and non-infringement with respect to this application and the accompanying written material. In the event of failure of the application to conform to any applicable warranty, you may notify Google™ and Google™ may refund the purchase price of this application as permitted by their company policy. To the maximum extent permitted by the law, Google™ will no other warranty obligation whatsoever with respect to this software and any other claims, loses, liabilities, damages, costs or expenses attributable to the failure to conform to any warranty will be Appemble's responsibility.
9. Limitation of Liability - You agree that any damages (incidental, direct, indirect, punitive, special consequential or exemplary) or loss which may be incurred by you as a result of use of this software, you will assume them to the maximum extent permitted by the law. This shall include, but not limited to any loss or profit (directly or indirectly), any loss of goodwill or loss of data, cost of procurement of substitute goods or services or other tangible losses. In no event Appemble will be liable by you or any third party acting on behalf of you for including but not limited to loss of data, damage to equipment, hardware or software failure or any loss arising out of the use of this application or not being able to use this application even if you have been advised to make Appemble liable. Appemble does not guarantee that the informational messages produced by this application will meet your requirement and does not warrant that all errors detected during the course of the use of this application will be fixed. Appemble does not assume any liability for not providing adequate support or fixing these errors, defects or deficiencies. Appemble's aggregate liability arising out of or related to this agreement will not exceed the total amount you paid to procure this application.
10. Privacy - This application helps you to manage and monitor your medical conditions. To get a comprehensive assessment of your health, this application may allow you to import your Electronic Health Record (EHR), Lifestyle data (including but not limited to activities, nutrition and sleep), or data from third party devices/sensors/or applications. As a result, a limited amount of data may be stored on the cloud as well via a secured socket layer (SSL) to improve the quality of the application and the informational messages that it provides to you in accordance with our privacy policy . This data stored in the cloud may o be derived from your EHR and/or life style data, and/or data collected from you by the application. The data on your device remains private to you, but the data on the cloud may be accessed in accordance to the privacy policy that is referenced in this document and on application's website at http://www.jivayu.com. Appemble reserves the right to change its privacy policy, in its sole discretion, without other specific notification other than posting an update on application's website. Appemble shall not bear any liability for any direct or indirect loss, damages or expenses incurred by you as a result of change of privacy policy. Every time you use the application, you consent to the collection and use of personal information by Appemble according to the Privacy Policy existing at the time of use of the application. You also agree that third parties including but not limited to Google™ may collect the information of your mobile device while using this application and that such collection, use or disclosure is subject to the third party's privacy policies.
11. Indemnification - You or any third party representing you agree to indemnify and hold Appemble harmless from any claims and proceedings directly or indirectly due to or arising out of (a) Your use of this software application or (b) Your negligence or breach of this agreement and (c) Your violation of any law or the rights of any third party pertaining to the use of this software. In this agreement claims means counterclaims, demands, liabilities, causes of actions, legal fees, third party claims, damages including but not limited to attorney fees, court fees of any kind. Proceeding means third party law suits, actions, and hearings of third party's intellectual property rights. You agree that for any claims and proceedings related to use of this software or breach of this agreement, Appemble and not Google™ will be responsible. This includes (a) investigation, defense and settlement and discharge of any intellectual property infringement claims, (b) product liability claims (c) any claims that the software fails to conform to any applicable regulatory requirements (d) claims arising from consumer protection or other similar laws.
12. Compliance and Applicable Laws - By using this software or visiting this software's website, you agree that you will comply with all application local, state and federal (or national) and international laws and regulations including but not limited to privacy of data generated by this software, unauthorized export and transmittal of data generated by this software, unauthorized reverse engineering, de-compilation or debugging of the application, export technical data and other confidential materials . By using this software your agree that
(a) you are not located in a country that is subject to US Government embargo
(b) you are not a member of an organization that has been designated by US Government as a "terrorist" organization
(c) you are not listed on any US Government list of prohibited or restricted parties. You agree that your use of this software is at your own willful initiation and are responsible to comply with all local laws pertaining to the user of this software. Appemble and its other authorized third parties reserve the right to change, disable or remove the access to the software with or without prior notice. In no circumstances, Appemble will be not held liable for any loss or damage incurred by you or anybody representing you for the removal or disable access to this software.
13. Disputes - You agree that any claims or disputes concerning or involving this Agreement, or the use of this Software or its website, shall be governed in accordance with the laws of the State of California. You hereby consent to the personal jurisdiction of the courts located in Santa Clara County, State of California, USA for resolution of all disputes concerning or involving this Agreement, or Your use of this Software Application. You also agree that you will communicate regarding any disputes with Appemble in English only.
14. General -
(a) This agreement between you and Appemble supersedes any other communications, advertisement in any media with respect to this Application.
(b) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.
(c) You agree that Google™ or its affiliates are third party beneficiaries of this agreement and after your acceptance to Terms of use agreement of this agreement, will have the right to enforce this agreement against you as a third party beneficiary thereof.
15. Contact Information - In case of any questions, support and claims with respect to this agreement or the user of this software or other questions you may reach us at
Appemble LLC
PO Box 2805,
Sunnyvale, CA 94087-0805
Email - support AT jivayu dot com
