Terms of Service

Last updated: October 7, 2020

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using any Expy Health mobile application or website that links to or incorporates these Terms (the “Service”, “Services”) operated by Expy Health Inc. a Delaware corporation (“Expy Health”, “us”, “we”, or “our”). Expy Health offers healthcare professionals (individually the “Provider” and collectively the “Providers”) a platform to deliver online telehealth consultations and secure messaging between Providers and their patients. (See Section 10 for supplemental terms applicable to Providers.)

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users who wish to access or use the Service.

You, your organization, or the organization providing you access to the Service may have entered into a separate license agreement with Expy Health that incorporates these Terms by reference (the “Master Software License Agreement”).  The provisions of this Agreement and the Master Software License Agreement, if applicable, shall, to the extent possible, be interpreted so as to supplement each other and avoid any conflict between them, but to the extent of any direct conflict, the terms of the Master Software License Agreement shall govern.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

IMPORTANT NOTICE: YOUR USE OF THE SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 18, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.  Please carefully review Section 18 for more information.

1. Privacy Practices

You agree that information provided by you in connection with the Service shall be governed by the Expy Health Privacy Policy, which is hereby incorporated and made a part of this Agreement.

2. Your License to Use the Service

The Service and its original content, features, and functionality, and any data, data sets, or databases created or derived by Expy Health through the Service, are and will remain the exclusive property of Expy Health and its licensors (the “Content”). The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, our trademarks, or trade dress, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

• On the condition that you comply with all your obligations under this Agreement, Expy Health grants you a limited, revocable, non-exclusive, non-transferable license to access the Service. Any use of the Service in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Service.

In addition, the right to access and use any Service licensed under the Master Software License Agreement will immediately terminate in the event Master Software License Agreement is terminated or expires.

3. Services Provided – No Medical Care or Advice

Expy Health offers an online communication platform for Providers and their patients to connect via the Service through the use of synchronous and asynchronous telecommunications technologies. The Service facilitates communication between patients and Providers.

The Service does not offer medical advice and is not intended to substitute for professional medical judgment in patient diagnosis or treatment. Any content accessed through the Service is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

Any information or advice received from a provider comes from them alone, and not from Expy Health. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Expy Health, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Service.

Call 911 or your doctor for all medical emergencies. EXPY HEALTH IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.

4. Restrictions on Your Use of the Service

You agree that when using the Service, you will not:

1. Delete, modify, or attempt to change or alter any of the Content or notices on the Service;
2. Introduce into the Service any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to the Service, or to otherwise harm other users, our Content, or any third parties, or perform any such actions;
3. Use the Service to commit fraud, impersonate another person, or conduct other unlawful activities;
4. Access or attempt to access any other person’s account, information, or content without permission;
5. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Service is based;
6. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Service for any reason;
7. Use any of our Content made available through the Service in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
8. Publish any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;
9. Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Service;
10. Connect to or access any Expy Health computer system or network without authorization; or
11. Use the information in the Service to create or sell a similar service. We may suspend or terminate, in whole or in part, your access to the Service and the related services if you violate the terms and conditions set forth in this Section.

5. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

6. Your Suggestions & Submissions

We welcome your comments regarding the Service, our Content, and our products. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us in connection with or related to the Service and our products (including any related technology), whether you send such information or materials to us through the Service or through a separate communication channel, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, disclose, reproduce, modify, license, transfer, and otherwise distribute, and exploit any such information or materials in any manner.

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission.” Some User Submissions are viewable by other users such as your Provider and/or Expy Health support. In order to display your User Submissions on the Service, and to allow other users to view them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Expy Health a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services. This is a license only – your ownership in User Submissions is not affected. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide.

Finally, you understand and agree that Expy Health, in performing the required technical steps to provide the Service to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

7. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number, you are agreeing to be contacted by or on behalf of Expy Health at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g. reminders) and communications relating to the Services. Message and data rates may apply. To stop receiving text messages email [email protected]. We may confirm your opt out by text message. Please note, that by withdrawing your consent, some Service features may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Your Provider may record (audio and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Service, and to help Expy Health improve the Site. Expy Health will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Service, you agree and consent to such Recordings for the purposes and uses set forth in these Terms and as otherwise set forth in the Privacy Policy.

8. Fees, Orders, and Payment Terms

If you are a user whose access to Expy Health’s Service is provided by your employer or insurance plan, the terms in this Section do not apply to you because your employer or insurance plan will pay Expy Health directly.

Online Payments
If a credit card account is being used for a transaction, Expy Health may obtain preapproval for an amount up to the amount of the payment.

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Subscriptions
You agree to pay the monthly subscription fee(s) at the rates in effect when the charges are incurred, including any applicable taxes. Any change in the subscription fee(s) will go into effect for the next billing period after we provide notice of the change.

YOU ARE RESPONSIBLE FOR PROVIDING EXPY HEALTH WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Expy Health’s third-party payment processor will automatically charge the credit card or payment account associated with your account at the beginning of the billing period, and billing will recur automatically at monthly intervals until you change or terminate your account. If you want to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account or by emailing [email protected]; this may temporarily disrupt your access to your account while Expy Health’s third party payment processor verifies your new payment information. Any change in the chosen payment method will go into effect for the next billing period.

Your subscription to Expy Health’s services may start with a free trial. The duration of the free trial period of your subscription lasts will be specified during sign-up and is intended to allow new and certain former users to try the service. Free trial eligibility is determined by Expy Health at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Individuals, households, or members of an organization with an existing or recent Expy Health membership are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Expy Health membership to determine eligibility. For combinations with other offers, restrictions may apply. We will charge the subscription fee for your next billing cycle to your payment method that you provide at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period. To view the applicable subscription price and end date of your free trial period, visit your account settings in the App or contact us at [email protected].

Expy Health itself does not collect or store payment card information. Our payment processor is PCI-compliant.

If Expy Health’s third-party payment processor is unable to successfully charge your credit card or payment account for fees due, we reserve the right to revoke or restrict access to your account, or terminate your account. If you terminate your account for any reason or if we terminate your account due to your breach, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid for that billing period. Further, you agree to reimburse us for any collection costs and interest for any overdue amounts.

We may contact you via email regarding your account, for reasons including, without limitation, a problem with your credit card or payment account.

Payment Processing
Payment processing services for patients and Providers on Expy Health are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Expy Health Terms of Use or continuing to operate as a patient or therapist on Expy Health, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Expy Health enabling payment processing services through Stripe, you agree to provide Expy Health accurate and complete information about yourself, and you authorize Expy Health to share it and transaction information related to your use of the payment processing services provided by Stripe.

Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered via our Service.

Typographical Errors and Incorrect Pricing
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.

8. Links to Other Web Services

Our Service may contain links to third party web sites or services that are not owned or controlled by Expy Health.

Expy Health has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Expy Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Verify a License

Each country has a licensing agency that oversees the regulation of Physical Therapists. To determine if your Physical Therapist has a license, visit your state or jurisdiction’s website to find additional instructions on how to verify a license.

United Kingdom

10. Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Service (for purposes of this Section, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Expy Health users is directly between you and the patient. The patient will never have a physician-patient relationship with Expy Health. Expy Health does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is responsible for all billings and collections from patients and other consumers, and Expy Health shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

Expy Health does not provide any legal advice, or representations in any way regarding any legal issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Expy Health agree that Expy Health is not providing to customers, patients, or anyone else, medical or legal advice.

Provider will use the Services only in accordance with applicable standards of good medical practice. While software products such as the Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Expy Health and waives any and all potential claims against Expy Health as a result of Provider’s use of the Services, and the provision of services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Expy Health harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Expy Health, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Services. To the extent applicable, Provider will obtain Expy Health’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Expy Health or defect in the Services. Expy Health will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Service (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree NOT to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Expy Health that you have the legal right and authorization to upload all Provider Content to the Service. Expy Health shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Expy Health desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Expy Health is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.

Expy Health does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Service. You grant Expy Health the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Service or provide to patients or other consumers. Expy Health and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

11. Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Expy Health may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Expy Health agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Expy Health, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Expy Health, and you do not have any authority of any kind to bind Expy Health in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and Expy Health agree there are no third-party beneficiaries intended under these Terms.

12. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Indemnification

You agree to defend, indemnify and hold harmless Expy Health and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

14. Limitation of Liability

In no event shall Expy Health,  nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

IN ANY EVENT, THE MAXIMUM TOTAL LIABILITY OF EXPY HEALTH, ITS SUPPLIERS, LICENSORS, PARENT, AND AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNEES, OR SUCCESSORS-IN-INTEREST, FOR ANY CLAIM WHATSOEVER RELATING IN ANY WAY TO THIS AGREEMENT, INCLUDING CLAIMS FOR BREACH OF CONTRACT, TORT (INCLUDING, NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND YOUR SOLE REMEDY, SHALL BE AN AWARD FOR DIRECT, PROVABLE DAMAGES NOT TO EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).

15. Disclaimer

You acknowledge that the use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Expy Health its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

The Service provided by Expy Health under these Terms should not, in any case, be deemed or understood as a recommendation, endorsement, guarantee, or warranty of the professional services of any providers who render health care services.

16. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

18. Agreement to Arbitrate

All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Service shall be resolved by final and binding arbitration to be held in the English language in Los Angeles, California pursuant to the Commercial Arbitration Rules of the American Arbitration Association.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part, of this Agreement is void or voidable.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

19. Changes

Changes to these Terms

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. Expy Health reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the “Last Updated” date at the top of the Terms and post the updated version. In the case of a material change, we may notify you by e-mail or another means. What constitutes a material change will be determined at our sole discretion.

By continuing to use the Services after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. If the amended Terms are not acceptable to you, your only recourse is to stop using the Services.

No other modification, amendment, supplement of or to the Terms will be binding on Expy Health unless it is in writing and signed by an authorized representative of Expy Health.

Modifications and Updates to the Service

Expy Health reserves the right, in its sole discretion, to modify or discontinue offering the Service, in whole or in part, including any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.

We may from time to time develop and provide updates for the App, which may include upgrades, bug fixes, patches, and other error corrections and/or new features, functionality, tools, or content (collectively, “Updates”). Updates may also modify or delete features, functionality, tools, or content in their entirety. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the App may not properly operate. All Updates will be deemed part of the App and be subject to all terms and conditions of the Terms.

You agree that Expy Health has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

20. Additional Terms Applicable to iOS Devices

The following terms only apply if you install, access, or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).  If you use the App on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.

1. You acknowledge that this Agreement is concluded solely between the parties, and not with Apple. Expy Health, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
2. Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules.
3. Maintenance and Support. You and Expy Health acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Expy Health. However, you understand and agree that in accordance with this Agreement, Expy Health has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
5. Product Claims. You and Expy Health acknowledge that as between Apple and Expy Health, Expy Health, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the App or your possession and/or use of the App, subject to Expy Health’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights. The parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, Expy Health, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
9. Third-Party Beneficiary. The parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
   

21. Contact Us

If you have any questions about these Terms, please contact us at [email protected].