Alea Diagnostics Terms and Conditions of Use
SUMMARY: Accepting these terms and conditions constitutes a legally binding agreement between you and Alea Diagnostics (“Alea”).
1. Accepting the Terms of Service and Conditions of Use.
Please read these Terms of Service and Conditions of Use (“Terms of Service”) carefully before using this website or any part of the related services, as they constitute a legally binding agreement between you and Alea Diagnostics (“Alea“, “us“, “our” or “we“), and check them periodically for changes.
ANY USE OF THIS WEBSITE, OUR MOBILE APPLICATION (“MOBILE APP”) OR THE SERVICES AVAILABLE FROM TIME TO TIME ON OR IN CONNECTION WITH OUR WEBSITE OR APPLICATION (COLLECTIVELY, THE “SERVICE”), IS SUBJECT TO AND CONDITIONED UPON ASSENT TO AND COMPLIANCE WITH, ALL OF THESE TERMS OF SERVICE. BY USING THE SERVICE YOU SIGNIFY YOUR CONSENT TO BE BOUND BY THESE TERMS OF SERVICE AND THAT YOU ARE OF LEGAL AGE AND CAPACITY TO FORM A BINDING CONTRACT. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE FOR ANY PURPOSE.
We may change these Terms of Service from time to time by posting notice on our website at AleaDx.com. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use the Service.
SUMMARY: Alea is a personal tool for recording, saving, and displaying child health and developmental data by a parent, or at the invitation of a parent. No health care or advice is provided as a part of this service. We are not a health service provider or a medical organization and cannot give out medical advice or diagnosis.
THE SERVICE IS A PERSONAL TOOL FOR SAVING AND DISPLAYING HEALTH, WELLNESS, AND DEVELOPMENT DATA AND IS INTENDED ONLY TO ASSIST A PARENT, AND OTHERS THEY DESIGNATE, IN MAINTAINING A LONGITUDINAL RECORD OF HEALTH AND DEVELOPMENTAL OBSERVATIONS AND HISTORY. NO HEALTH CARE IS PROVIDED AS PART OF THE SERVICE AND WE ARE NOT A HEALTH CARE ORGANIZATION. THE SERVICE DOES NOT, IN ANY WAY, CONSTITUTE MEDICAL ADVICE OR A SUBSTITUTE FOR SEEKING PROFESSIONAL ADVICE OR SERVICES. WE EMPHASIZE THAT WE ARE NOT IN ANY WAY A HEALTH SERVICE PROVIDER OR A MEDICAL ORGANIZATION AND CANNOT GIVE OUT MEDICAL ADVICE OR DIAGNOSIS.
We have no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals or other health service providers).
We are not a HIPAA “Covered Entity” and the Service is not intended for use by a HIPAA Covered Entity in place of an electronic medical record or similar application. The platform we use to collect data is HIPAA and GDPR compliant.
SUMMARY: This Service may be used solely for your own personal use. You may add and edit self-entered data. We anticipate providing you with a way to import data that originates from patient portals and other data sources. Data from other sources may be read only and cannot be altered. Any inaccuracies must be corrected at the source.
3. The Service.
• Access and use of the Service and any content made available through the Service or that you otherwise obtain in connection with the Service (“Content“), is permitted only for your own personal use for the purpose of organizing health data, and only for so long as you are in compliance with these Terms and Conditions.
• You will be able to add self-entered data. You will be able to edit the data you contribute. We anticipate a future capability of allowing you to import your data from a health record. It is your responsibility to confirm the accuracy of all information uploaded to this Service.
SUMMARY: We reserve the right to refuse or terminate products and services at our discretion. With our best efforts we cannot guarantee that there will not be service disruptions. We will attempt to give notice for scheduled maintenance. You may terminate your use of the Service at any time with written notice.
4. Termination and Cancellation.
We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse the Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, our determination that you violated the letter or spirit of these Terms of Service or an infringement of the rights of others or any applicable laws or regulations. Upon termination of your right to use the Service, or our termination of the Service, all licenses and other rights granted to you by these Terms and Conditions will immediately terminate.
• Although we try to make the Service always available to you, we cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not. For example, we may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
• You may terminate your use of the Service at any time and for any reason by sending written notice. Upon any termination by you, your account will no longer be accessible.
Following the termination of your account, subject to provisions of applicable law, we reserve the right to permanently delete your Content, within one hundred twenty (120) days both from our servers and from any data backups and have no obligation to provide you with a copy of such Content.
Subscription to Prototype and Beta Service
Our Services are currently offered as a closed prototype ("Prototype") for the purpose of development, testing, and evaluation. If you are not a part of our invited closed prototype testing group, we will inform you when the prototype is open and available as a beta product using your registration email. The prototype will be open as a beta product at our sole discretion. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of prototype and any future versions of our products and services. We will be the sole judge of the success of our testing and the decision, if any, to offer the prototype or beta services as commercial services. You will be under no obligation to acquire a subscription to use any paid products or services as a result of your registration. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the prototype or beta products and services with or without notice to you. You agree that Alea will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the prototype or beta products or services for any reason.
SUMMARY: Access to Alea Products and Services are available only to registered users. Only registered users may use the Products and Services. Your registration data should be true, current and complete.
• Access to the Products and Services are available only to registered users. As part of the registration process you may be requested to provide certain personal data, including among others, name and email address, address and phone number (collectively, “Registration Data”).
You agree to:
• Provide true, accurate, current and complete Registration Data.
• Maintain and promptly update the Registration Data to keep it accurate, current and complete.
• Maintain the security and confidentiality of any usernames, passwords and other information used by you to access the Service (if any).
• Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity.
• Immediately notify Us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data or any other breach of security that you become aware of involving or relating to the Service.
SUMMARY: You are at least 18 years of age and you have the right, power and authority to engage with the products and Service. We reserve the right to monitor, edit and partially or fully remove any Content.
6. Submission of Content.
• As a condition to submit Content to the Service (either directly or via others), you warrant and represent that (i) you are at least eighteen (18) years of age; (ii) all of the submissions are and will be true, complete and accurate and in compliance with all of the terms of this Agreement and any applicable laws and regulations; and (iii) you have all necessary right, power and authority to enter into and perform under this Agreement.
• You are entirely responsible for all your submissions of Content and the consequences of submitting them on the Service.
• Although we have no obligation to review or monitor any submissions of Content, we reserve the right, in our sole discretion, to monitor, edit and partially or fully remove any Content without prior notice at any time for any reason.
SUMMARY: You will abide by the local, state, federal and international law and the rules of this Service, only make use of information that you own or have a right to use, and only act appropriately.
7. General User Conduct.
In connection with the Service, you agree (i) to abide by all applicable local, state, federal, national and international laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
• Allow or facilitate a third party, to violate or infringe any of our rights or those of others or our policies or the operational or security mechanisms of the Service.
• Use the Service and any Content in any way that restricts or inhibits the use of the Service.
• Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service but excluding Content provide entirely by you).
• Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices.
• Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrape information from the Service.
• Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
We cannot and do not assure that other users of the Service are or will be complying with these Terms and Conditions, and, as between us, you assume all risk of harm or injury resulting from any such lack of compliance.
SUMMARY: The “Alea Diagnostics” name, Mobile App, trademarks, website and any information and data we created and posted on the Mobile App and website ("Alea Content") are protected by U.S. and international copyright, trademark, and other laws.
9. Proprietary Rights.
The “Alea Diagnostics” name, Mobile App, trademarks, website and any information and data we created and posted on the Mobile App and website ("Alea Diagnostics Content") are protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Alea Diagnostics Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happened to be registered. You will not acquire any intellectual property rights in the Alea Diagnostics Content through your use of the Service
10. User Supplied Material and Feedback.
From time to time, we may request that you provide us with feedback regarding your use of the Service. Any feedback you provide us about the Service or our company (collectively “Feedback Information”) becomes our property. You hereby assign all right, title, and interest worldwide in the Feedback Information and the related intellectual property rights to Alea Diagnostics and agree to assist, at its expense, in perfecting and enforcing such rights.
SUMMARY: The Service contains links and references to websites and applications of others. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk.
11. Links to Other Websites and Applications.
SUMMARY: We respect the rights of copyright owners and expect our users to do the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent
12. Copyright Protection – Digital Millennium Copyright Act.
We respect the rights of copyright owners and expect our users to the same. If you are a copyright work owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Our Designated Copyright Agent with the following information in writing (“Notice“):
(i) sufficient details to enable identification of the copyrighted work that has been allegedly infringed, if multiple copyrighted works are claimed to be infringed, a representative list of such works;
(ii) a description of where the content that you claim is infringing is located in the Service;
(iii) your contact information at which you may be contacted (for example, your address, telephone number, and email address);
(iv) a statement that you have a good faith belief that the use of the content identified in the Notice is not authorized by the copyright owner, its agent, or the law;
(v) a statement, under penalty of perjury, that the information in the Notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
(vi) the physical or electronic signature of the owner of the allegedly infringed copyrighted work or any person authorized to act on behalf of such owner.
• Following receipt of your Notice, we will take whatever action, in our sole discretion, as we deem appropriate, including removal of the challenged content from the Service. We may ask you to provide further or supplemental information, prior to removing any content, as we deem necessary to comply with the provisions of the DMCA.
• It is our policy to respond only to Notices of alleged infringement that comply with the provisions of this section.
• Our Designated Copyright Agent for notices of claims of copyright infringement may be reached through the contact page on our website
SUMMARY: OUR USE OF THE SERVICE AND CONTENT, AND ANY ACTION OR INACTION BY USERS OF THE SERVICE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
13. Disclaimers of all Warranties.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUBMISSION OF CONTENT BY YOU OR OTHERS DOES NOT IMPLY ENDORSEMENT BY US OF THE CONTENT. WITHOUT LIMITING THE ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO (I) THE SERVICE MEETING YOUR REQUIREMENTS, OR BEING UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; (II) WHETHER YOUR USE OF THE SERVICE OR THE CONTENT WILL GENERATE ANY RESULTS OR CONSEQUENCES, NOR IN TERMS OF THE CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH SUBMISSIONS OR PREVENTION OF UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT; OR (III) YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
SUMMARY: Our liability is limited according to these terms.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING THE SERVICE), (II) IN CONNECTION WITH THESE TERMS OF SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you. However, we will be liable to you for direct damages to you that arise out of any willful act on our part in an amount up to one dollar ($1).
SUMMARY: Claims must be filed within one year.
15. Limitation of Claims.
Any claim or cause of action arising out of or related to use of the Service or to these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
SUMMARY: We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE OR THE CONTENT, INCLUDING WITHOUT LIMITATION OUR ACTIONS OR OMISSIONS WHILE PROVIDING THE SERVICE (EXCEPT FOR OUR BREACH OF THESE TERMS OF SERVICE AS A RESULT OF WILLFUL MISCONDUCT OR FRAUD ON OUR PART); (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THESE TERMS OF SERVICE BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; OR (VI) YOUR ACCOUNT, BY YOU OR BY ANY ONE ACCESSING THIS SERVICE WITH OR WITHOUT YOUR CONSENT.
SUMMARY: These Terms of Service shall be governed by the laws of the State of Delaware.
17. Governing Law and Exclusive Courts.
These Terms of Service shall be governed by the laws of the State of Delaware without regard to its choice of law or conflicts of law principles. You consent to the exclusive jurisdiction and venue in the courts in Delaware, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court.
In the event that either you or we institutes any legal suit, action or proceeding against the other party arising out of or relating to the Service or these Terms of Service, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys’ fees and expenses and court costs.