End-User License Agreement for App Users (EULA)

Important information and who we are

These are the terms and conditions that apply to any mobile application (and any update/upgrade to it) that we make available for download (App or Service) and to the services we offer through the App. The Service is provided by or on behalf of HOPCo Digital, LLC, a Delaware limited liability company (Company, we, us and our).

We have created the App to help patients keep track of information about their treatment and recovery, including for use in clinical studies and research projects and to share the data with the healthcare partners that are involved in their treatment and/or developing new and existing technologies to improve healthcare. Our partners may include, for example, health professionals, research and pharmaceutical companies and medical device manufacturers.

By downloading, accessing and/or using the App, you confirm that you accept and agree to be bound by these terms and acknowledge that they constitute a legally binding contract between us and you. If you are downloading, accessing or using our App in the course of your employment or acting as a representative of another body (such as a company, public authority or other entity) then you also accept these terms on your own behalf and that of your employer or the entity that you represent. You warrant and represent that you have the authority to act on behalf of and to bind the relevant legal entity. In these terms, references to “you” includes both you in your personal capacity and your employer or other entities which you represent.

Use of your personal information submitted to or via the App is governed by our Privacy Policy. If you do not agree with any of the terms of this EULA or our Privacy Policy as they apply to you, you should not click accept to these terms and should refrain from using our Services.

We reserve the right to amend these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next access the Services. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new EULA.

PLEASE READ THIS EULA CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into this EULA.

UNDER NO CIRCUMSTANCES SHOULD USE OF OUR SERVICES BE TAKEN TO CREATE A DOCTOR-PATIENT RELATIONSHIP WITH THE COMPANY.

IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL CARE, YOU SHOULD IMMEDIATELY CALL 911. DO NOT RELY ON OUR SERVICES FOR IMMEDIATE, URGENT MEDICAL NEEDS.

IF YOU BELIEVE YOU HAVE ANY OTHER NON-URGENT OR NON-EMERGENCY ISSUE, QUESTION OR CONCERN REGARDING YOUR HEALTH OR A MEDICAL CONDITION, YOU SHOULD PROMPTLY CONTACT YOUR SURGEON, DOCTOR OR CLINICAL TEAM. NEVER DELAY OR DISREGARD MEDICAL OR PROFESSIONAL ADVICE BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH OUR SERVICES OR OTHER COMMUNICATIONS YOU RECEIVE FROM US.

WE DO NOT PROVIDE EMERGENCY MEDICAL OR HEALTH SERVICES OR ADVICE. IN THE EVENT OF AN EMERGENCY OR IF THE SERVICES ARE UNAVAILABLE, IMMEDIATELY CONTACT YOUR SURGEON, DOCTOR OR CLINICAL TEAM DIRECTLY AND NOT THROUGH OUR SERVICES, GO TO THE EMERGENCY ROOM OF THE NEAREST HOSPITAL, OR CALL FOR EMERGENCY HELP (E.G., DIAL 911 WHERE 911 SERVICE IS AVAILABLE).

Access to the Services

You should only access our Services if you are one of the following categories of user:

  • a Patient (Patient), who has been referred by a charitable organisation or your surgeon, doctor or other healthcare professional to download and use the App as part of your treatment or invited to use the App as part of your involvement in a clinical study or research project; or
  • a Healthcare Professional User (HCP) who recommends that App to Patients in your capacity as a person responsible (whether as a surgeon, doctor or other healthcare professional) for the medical care and treatment of Patients, and with the permission from those Patients to monitor such activity and other medical data as they may submit to the App in order to inform their care pre-and-post treatment, or as a person administering a clinical study or research project involving consenting App users for medical and device research purposes.

If you are a Patient, you should only use this App if:

  • your surgeon, doctor, other healthcare professional has recommended you download and use the App as part of your care and recovery process pre-or-post treatment, or where you have been invited to use the App as part of your involvement in a clinical study or research project, or where you have been referred to App by a charitable organisation;
  • you consent to receive remote therapeutic monitoring services (collection of non-physiologic health data outside of a clinical setting and transmission of that data to your healthcare provider for evaluation;
  • you agree that you are responsible for all applicable copay and deductible amounts (including, if you are a Medicare beneficiary, the 20% copay for Part B services);
  • you agree to download and use the App in accordance with these terms;
  • you agree to provide your email address and telephone number to your surgeon, doctor or other healthcare professional responsible for the administration of your treatment, or responsible for the clinical study or research project in which you are participating, and agree that it can be shared with us to the extent necessary to provide you with the Services and as set out in our Privacy Policy; and
  • you acknowledge that the App is intended for use only by persons who are at least 13 years of age. The Children’s Online Privacy Protection Act 1998 15 U.S.C.§§ 6501–6506 requires that online service providers which are accessed by children under the age of 13 years old, obtain parental consent before they collect personally identifiable information online from these children. We do not knowingly collect Personal Data from children under the age of 13 and our Services are not directed at users under the age of 13. A parent, guardian or personal representative may use the Services on behalf of a child under the age of 13. By using the App, you confirm to us that you meet this requirement and that, if you are between the ages of 13 and 18, you have received permission from your parent or guardian before using the App.

You own or control the device on which you access the App: The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, and you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. This would, for example, include your use of the App on devices provided by your employer or borrowed from friends or family. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

Access to the Services: Internet access is required to fully access our Services. You acknowledge that the service provider for the device to which you download, or on which you access or use the Services may charge for internet access (for example mobile data usage) on that device. You understand and agree that we are not responsible for disconnections, connection quality issues, service interruption or other issues which you may experience when using our Services as a result of any issue with your device’s internet connectivity.

We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the downloaded App.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Services or that the Services will respond at a certain speed (since this depends on a number of factors outside our control).

After providing your email address and telephone number, you will receive an email with a link to download the App, as well as an SMS message containing your PIN code. Please do not share this PIN code with anyone else; it is for your personal use only.

Upon downloading the App, you must set up your account with us by completing the account registration form in the App. You will need to provide your name and email address, as well as the PIN code provided to you via an SMS. You only need to register once.

Your provision of contact and account information to us: you must ensure that any registration details you provide are accurate, current and complete information about yourself. Where your circumstances change, you must promptly update your information to keep it accurate, current and complete. You must not provide any information that attempts to impersonate another individual, or that is untrue, inaccurate or incomplete.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the Service, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or our Privacy Policy, or if any details you provide for the purposes of registering as a user prove to be false.

We may collect data you submit to the App: By using the App or accessing any of our other services, you agree to us collecting and using various information about you and the devices you access and use the Service on, to improve our products and to provide any services to you, in accordance with our Privacy Policy.

What you are allowed to do

In consideration of your compliance with these terms and subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store the App in electronic form incidentally in the normal course of use on your browser or mobile device.

You may only use the App for non-commercial use (unless expressly granted permission to do otherwise by us) and only in accordance with these terms. You may retrieve and display content from the App on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form.

Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms (or as otherwise agreed by us in writing), you are not allowed to:

  • rent, lease, sublicence, loan, provide, or otherwise make available the Services or any content made available through the Services, in whole or in part, to any person without prior written consent from us;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
  • obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
  • circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks;
  • engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by us from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network);
  • copy, modify, republish, redistribute, disassemble, de-compile, reverse-engineer, re-transmit, create derivative works based on the whole or any part of the Services or Software (as defined below), sell, assign, sublicense, or otherwise transfer any right in the Software, nor attempt to do such things or otherwise attempt to discover the source code of the Software;
  • transfer the Services to someone else, whether for money, for anything else or for free;
  • copy or store the Services other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the Services on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content (as defined below) from the Services;
  • remove or change any content of the Services other than User Content or attempt to circumvent security or interfere with the proper working of the Services or any server on which it is hosted;
  • submit User Content to the App which could be considered defamatory, offensive or otherwise objectionable;
  • use the Services in a way that might damage our name or reputation or that of any of our affiliates;
  • use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code (such as viruses, or harmful data) into the App; or
  • otherwise do anything that it is not expressly permitted by these terms.

If you sell any device on which the App is installed or on which the Services have been accessed you must remove the App from it and ensure any stored login credentials or other shared data, such as cookies, have been removed to prevent unauthorised to the Services by third parties.

Competitors: No employee, independent contractor, agent, or affiliate of any competing [patient portal] company is permitted to view, access, or use any portion of the Service without express written permission from us. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of us or any of our affiliates, or acting on behalf of a competitor of us in using or accessing the Service.

We may terminate your rights to use the Services if you breach these terms: All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them. If we exercise our right to terminate your use of the Services for such reasons:

  • your access to the Services will be wholly or partially suspended;
  • you must stop all activities authorised by these terms, including your use of the Services;
    • if you are a Patient it is your responsibility to contact your surgeon, doctor, other healthcare professionals, and the administrators of any clinical studies or research projects you are participating in via the App or with whom you are connected through the App to inform them that you are no longer contactable through the App; and
    • if you are a HCP it is your responsibility to contact your Patients to inform them that you are no longer connected to them or receiving information from them through the App.

To do anything with the Services that is not expressly permitted by these terms, you will need a separate license from us. Please contact us using the details set out in the “Contacting Us” section at the end of these terms.

Third-party platform providers & application stores

The Services may be made available through the Apple App Store, the Google Play Store, or other distribution channels (Distribution Channels). These Distribution Channels, with whose devices and/or operating systems the Services have been designed to be compatible, oblige us to include certain additional provisions in these terms. These provisions come from the relevant third-party platform providers, not us.

Distribution Channels are operated by the relevant third-party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any Distribution Channel from which you download the App. We are not responsible for these Distribution Channels or (with the exception of the Services) for anything provided by them and do not guarantee that they will be continuously available.

Mobile App License: Subject to this EULA, Company hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the App on one mobile device and (b) use the App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the App on another device on which you also agreed to this EULA. Each instance of this EULA that you agree to in connection with downloading an App grants you the aforementioned rights in connection with the installation and use of the App on one device.

Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Company, its affiliates, and its licensors (including the App, the Software). Any rights not expressly granted herein are reserved by Company.

Special Notice for International Use; Export Controls: Company is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

Apple-Enabled Software: With respect to the App that is made available for your use in connection with an Apple-branded product (Apple-Enabled Software), in addition to the other terms and conditions set forth in this EULA, the following terms and conditions apply:

  • Company and you acknowledge that this EULA are concluded between Company and you only, and not with Apple Inc. (Apple), and that as between Company and Apple, Company, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Company’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Company and you acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
  • In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Company as follows: help.us@appsupport.team, US: +1 954 870 4726, HOPCo 18444 N. 25th Ave., Ste. 320, Phoenix, AZ 85023.

  • You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.

  • Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.

Google-Sourced Software: The following applies to any App you download from the Google Play Store (Google-Sourced Software): (a) you acknowledge that this EULA is between you and Company only, and not with Google, Inc. (Google); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Company, and not Google, is solely responsible for Company’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or this EULA; and (f) you acknowledge and agree that Google is a third-party beneficiary to this EULA as it relates to Company’s Google-Sourced Software.

Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Company or its affiliates or partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of Company or its affiliates or partners. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts or other telephonic communications. You do not have to consent to receive calls or text messages from Company or its affiliates or partners for marketing or solicitation purposes to purchase Company’s products or services. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify Company or its affiliates or partners, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to a person that acquires your old telephone number.

There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.

You understand and acknowledge that SMS text messages are not encrypted and there is a risk that information contained in SMS text messages may be viewed without your authorization.

By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.

Intellectual property rights

Service Content: You acknowledge and agree that the Service may contain content or features (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) (Service Content) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you upload to or make available through the Service in accordance with this EULA. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks: The Company name and logos are trademarks and service marks of Company (Company Trademarks). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Company. Nothing in this EULA or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

User Content: You represent and warrant that you own all right, title and interest in and to the User Content, including all copyrights and rights of publicity contained therein. You hereby grant Company and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (Usage Data). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (Submissions), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce this EULA; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Company, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

The Services may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Services incorporate any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third-party licensor (Open Source License Terms) and not under these terms, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any of the Services and the relevant Open Source License Terms will be made available to you upon request.

Features & content accessed through the Services

We reserve the right to change the format and features of the Services from time to time. We may do this by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where we make content available through the Service, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide, whether temporarily or permanently, and/or update content to the Service, with or without notice to you, if we need to do so for security, legal any other reasons. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We maintain the right to withdraw your ability to use the App at any time, if we understand, after consultation with your surgeon, doctor or other healthcare professional or the administrators of a clinical study or research project in which you are involved, that the App may no longer be suitable for your medical needs. You agree to cease using the App where you are advised by your surgeon, doctor or other healthcare professional that it is no longer suitable for you to use.

We are not responsible for third-party content or other websites you link to: The Services may contain links to other independent websites which are not provided by us. We include these to provide you with access to information, products or services that you may find useful or interesting. Such independent sites are not under our control and we do not guarantee that they will be continuously available. You acknowledge that we have not pre-screened or reviewed such content and are not responsible for the content, including any errors or omissions in any content, of these sites or third-party materials or for anything provided by them, or for any loss or damage of any kind incurred as a result of the use of any such content, and the fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters. Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any content that violates this EULA or is deemed by Company, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Patients should always consult their surgeon, doctor or other healthcare professional before using any such information to make any decisions about theirs, or anybody else’s, health or healthcare.

If you visit external links and third-party content you must consult the privacy policy and terms and conditions of each such website or online application that you visit.

Limitations to the Service

While we aim to keep all information provided through our Services up-to-date, medical treatment and knowledge is ever-evolving and the information contained in the Services should not be considered error-free or comprehensive.

Limitations to the App for Patients:

  • The App is provided for general information purposes only and does not provide medical advice or diagnosis. Any information in the App is designed as educational material only and should not be taken as a recommendation for treatment of any particular person. We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
  • You should never use the information found on our Site or in the App to replace a relationship with your surgeon, doctor and other healthcare professional and should not rely on that information as professional medical advice. You should always obtain the professional advice of your surgeon, doctor or other healthcare professional before taking, or refraining from, any action on the basis of information obtained from the App. In the case of a health emergency, seek immediate assistance from emergency medical professionals. Never delay in obtaining medical advice, or disregard the advice of a medical professional, because of something you have read, or not read, on our Site or App.
  • Although we try to personalise your experience by referring to possible individual circumstances, this should by no means be used as a substitute for professional medical advice, diagnosis or treatment, and should not be relied on to make decisions about your health.
  • We do not endorse, and are not responsible for, any medical advice provided through the App by your surgeon, doctor or other healthcare professional.
  • Never ignore professional medical advice in seeking treatment because of something you have learned or seen using the App. As you continue to recover, you should continue to be in contact with your surgeon, doctor or other healthcare professional as instructed by them.
  • The authors of any materials in the App have formulated the information available with a reasonable standard of accuracy but this information has not been developed to meet your specific individual requirements. Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content in the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the App or relying on any of its content.
  • Where any part of the App is unavailable for any period of time you should continue to contact the healthcare professionals responsible for your care as usual and as necessary for your treatment using other appropriate means. We accept no liability for your failure to do so. You should not rely on the App as your sole means of contact or engagement with any healthcare professional.

Limitations to the Services for HCPs:

  • If you are a HCP, you should continue to engage with any of your patients who use the App as usual in accordance with good medical practice and should not solely rely on the information they submit to the App in order to discharge your responsibility for their care.
  • In particular, you must not rely on the App as your sole means of contact with your patients. Where any part of the App is unavailable for any period of time you should continue to contact your patients and administer their care as usual by other appropriate means in accordance with good medical practice. We accept no liability for your failure to do so. You must not rely on our Services as your sole means of contact or engagement with any of your patients.
  • We are not responsible for any actions, decisions or recommendations of you or other medical professionals. We are not a registry, and as such, we do not review, and are not required to review, the data submitted or received through the App, you, other medical professionals or any user of the Services. We are not responsible for highlighting or rectifying any anomalies, inaccuracies, errors or issues with the data that you submit or any advice you may provide to a Patient by reference to that data. To the extent permitted by law, we exclude all liability for any losses incurred in association with the actions, decisions and recommendations made by you or other medical professionals associated with the care that you are providing to the Patient (in each case, whether arising as a direct loss, indirect loss or otherwise).

User content

The Service may, from time to time, allow you to submit user-generated content and information (User Content). You agree that you are solely responsible for all User Content including all code, video, images, text, software, music, sound, photographs, graphics, messages, and other information, data or materials that you upload, post, publish, display or submit to the App or Site.

If you are a Patient, you agree that any User Content that you choose to submit or create via the App may be shared with HCPs in your healthcare team, in accordance with our Privacy Policy. HCPs may wish to share User Content that you submit with other individuals involved in your treatment in order to progress your recovery, or as part of any research projects or clinical studies where you have agreed to be a subject. By submitting such User Content to the App, you grant us and those HCPs permission to share your User Content in this way in accordance with our Privacy Policy. Please see our Privacy Policy for more information on how we use your data.

If you are a HCP, you agree that any User Content that you choose to submit or create via the Services may be shared with the Patients to whom such content relates and with other members of an individual Patient’s healthcare or research study team to whom you and/or the Patient have granted access permissions.

We accept no liability for the accuracy, integrity or quality of any User Content.

By uploading or submitting User Content, you represent and warrant that:

  • you own or control all rights and interests in such User Content;
  • you have the right to grant us a licence to use such User Content in accordance with this agreement; and
  • all User Content you submit, to the best of your knowledge:
    • is accurate and up-to-date;
    • is not false, inaccurate or misleading;
    • does not violate these terms or any laws; and
    • does not conflict with the rights of any third parties.

User Content submitted by you must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person; be defamatory or in breach of any contractual duty or any obligation of confidence; be obscene; sexually explicit; threatening; abusive; harassing; inciteful of violence or hatred; discriminatory (on any ground); be liable to cause anxiety, offense, alarm or embarrassment, knowingly false or misleading; pose or create a privacy or security risk of any person; be content that you do not have a right to upload under any law or under contractual or fiduciary relationships; or be content that does not comply with all applicable laws and regulations or is otherwise objectionable (Prohibited Content);
  • impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
  • contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material commercial activities, “junk mail,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” and/or or any other form of solicitation (spam);
  • transmit or distribute any virus and/or other code that has contaminating or destructive elements; or
  • in our sole judgment, be objectionable or restrict or inhibit any other person from using or enjoying the Service, or expose us or our users to any harm or liability of any type.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:

  • issue of a warning to you;
  • immediate, temporary or permanent removal of any content submitted by you;
  • immediate, temporary or permanent withdrawal of your right to use any Service;
  • legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
  • disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.

The rights described above are cumulative and are not limited, and we may take any other action we deem appropriate.

Upon termination of any contract or Service or your account, for any reason:

  • all rights granted to you under these terms will immediately cease;
  • you must promptly discontinue all use of the App and delete or remove the App from all devices in your possession;
  • it is your responsibility to contact your surgeon, doctor and any other healthcare professional with whom you are connected through the App to inform them that you are no longer contactable through the App; and
  • you must pay us all outstanding amounts that you owe us, if any.

Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim in accordance with the procedure set forth below.

Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at legal@hopco.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at 18444 N. 25th Ave., Ste. 320, Phoenix, AZ 85023.

To be effective, the notification must be in writing and contain the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
  • identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
  • identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

  • your physical or electronic signature;
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Arizona and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing them that Company may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Company or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, the accounts of users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnification; liability

Other terms may apply: Where you obtain products or services from us, the supply of such products is subject to this EULA and may also be subject to other terms of sale as notified to you, which may contain different limitations and exclusions of liability and which supersede the terms set out below, insofar as any liability arising out of the supply of such products is concerned.

Indemnification: To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the Company Parties) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of this EULA, or your violation of any rights of another. Company will provide notice to you of any such claim, suit, or proceeding. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Company’s defense of such matter. You may not settle or compromise any claim against the Company Parties without Company’s written consent.

Disclaimer of Warranties: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON ANAS ISANDAS AVAILABLEBASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIESTOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THIS EULA, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLEDINDEMNIFICATION”, “DISCLAIMER OF WARRANTIESANDLIMITATION OF LIABILITYARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

No agency: No agency, partnership, joint venture, employment relationship or franchise relationship is intended or create between you and use as a result of your use of the Services or by you entering into any agreement with us to buy our products or services.

We are not liable for medical advice you receive: We are not affiliated to, nor are we an agent of, your surgeon, doctor or other healthcare professional and are not liable for any advice given to you by your surgeon, doctor or other healthcare professional, or other medical advisers or third parties delivered through the App or otherwise.

Dispute resolution by binding arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This “Dispute resolution by binding arbitration” section is referred to in this EULA as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this EULA (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this EULA, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

c. Pre-Arbitration Dispute Resolution

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help.us@appsupport.team. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to Company should be sent to 18444 N. 25th Ave., Ste. 320, Phoenix, AZ 85023. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this EULA as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this EULA and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Company or you under the AAA Rules, Company and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this EULA will continue to apply.

h. Future Changes to Arbitration Agreement

Notwithstanding any provision in this EULA to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this EULA (or accepted any subsequent changes to this EULA).

General

Governing law and venue: This EULA will be governed by the laws of Arizona without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Company submit to the personal and exclusive jurisdiction of the state and federal courts located within Maricopa County, Arizona.

You must bring any claims hereunder within one year: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this EULA and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How you should contact us: All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us. The Service may also provide notices to you of changes to this EULA or other matters by displaying notices or links to notices generally on the Service.

Even if we delay in enforcing this contract, we can still enforce it later: If we fail to enforce any of our rights, that does not result in a waiver of that right. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of this contract, this will not mean that you do not have to do those things and it will not prevent us taking action against you at a later date.

If a court finds part of this agreement illegal, the rest will continue in force: If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

You may not vary these terms: These terms may not be varied except with our express written consent.

Interpretation: The section titles in this EULA are for convenience only and have no legal or contractual effect. As used in this EULA, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”

No default for force majeure event: Company will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Company’s reasonable control.

This is the entire agreement between us: These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any contract. We are required by law to advise you that contracts may be concluded in the English language only and that no public filing requirements apply.

We may assign this agreement to someone else: We may assign our rights and obligations under these terms, in whole or in part, without restriction.

You may not assign your rights to someone else: We are giving you personally the right to use the App as set out in these terms. You may not assign your rights or obligations under these terms without our prior written agreement. You agree that if you sell any device on which the App is installed, you must remove the App from it.

No rights for third parties: You may not share the Services with any other person and this agreement does not give rise to any rights to any third-party to enforce any term of this agreement.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at HOPCo, 18444 N. 25th Ave., Ste. 320, Phoenix, AZ 85023.

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

Contacting us

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Service ordered by email to [support@myrecovery.ai] or write to us at: msk.ai, Runway East Aldgate East, 2 Whitechapel Street, London E1 1EW, United Kingdom.