I. General Provisions
II. The App, Websites and Services Specific Provisions
III. Third Party Providers Specific Provisions
I. General Provisions
I.1. Use of the App, Websites and Services
Healint provides the App, Websites and Services to assist people with migraines to self-manage their condition. Our App, Websites and Services require your active engagement and participation and you understand that, despite your efforts, individual user’s results will vary for a variety of reasons. We cannot guarantee that you will successfully manage your condition or be responsible for any health problems that may arise while or in connection with the use of our App, Websites or Services. We may also use third parties, in whole or in part, to provide our products and services.
You will receive a user account that requires a username (email address) and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use your best efforts to prevent unauthorized access to, or use of, the App, Websites and Services, and notify Healint promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the App, Websites and Services.
The Term of this Agreement will begin upon your successful registration and the activation of the App, Websites and Services by Healint and will continue until you cease using the App, Websites or Services unless a term is otherwise set forth in the registration. For those parts subject to a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as permitted herein.
(I) Healint reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the App, Websites and Services if you (a) breach any term of this Agreement, or (b) engage in any conduct that Healint determines in its discretion may have an adverse effect on Migraine Buddy or its reputation.
(II) You may terminate this Agreement for convenience upon written notice to Healint or its Third Party or through the applicable cancellation process. Healint may terminate for convenience upon sixty (60) days written notice.
(III) Upon termination, you will no longer have access to the App, Websites and Services. In addition to termination, Healint reserves the right to pursue all remedies available to it.
Healint shall guarantee the provision of paid content in accordance with the conditions of §§ 10.4.8 of the Singaporean Commercial Law.
I.6. Intellectual Property
Except for the limited license and use rights expressly granted to you under this Agreement, all titles to and the rights in the App, Websites and Services, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Healint’s or Third Party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of Healint and/or the applicable Third Party.
I.8. Non-Confidential Information
Trademarks, Migraine Buddy App, Websites and Services marks, graphics and logos used in connection with the App, Websites and Services are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the App, Websites and Services are owned by Healint, its service providers or other Third Party and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the App, Websites and Services, in whole or in part, is strictly prohibited. Except as expressly provided in this Agreement, no part of the App, Websites and Services and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Healint or the applicable owner.
I.10. Disclaimer and Limitation of Liability
The App, Websites and Services are provided on an “as is” basis and use of the App, Websites and Services is at your sole risk. Healint’s liability is limited to cases of intent or gross negligence. Healint shall not be liable for ordinary negligence. The liability limitations do not apply in the case of any physical damage or damage to health for which Healint is responsible. Where liability is exclusive to Healint, then such liability shall also apply to its agents. The company, its officers, directors, employees, agents, contractors, or third-party service providers specifically disclaim all warranties and conditions, whether expressed or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, accuracy, integrity or completeness of the content, Third Party content or that the App, Websites or Services will be error-free or uninterrupted. No oral advice or written information given by the company, its officers, directors, employees, agents, contractors, or third-party service providers will create a warranty.
Except where prohibited by law or public policy, in no event will the company, its officers, directors, employees, agents, contractors, or third-party service providers be liable for any (1) amounts in excess of fees paid during the applicable term or (2) indirect, incidental, special or consequential damages that result from your use of or inability to use the App, Websites and Services, including but not limited to reliance by you on any information obtained from the App, Websites and Services, regardless of the form of action.
Healint shall only be liable for its own content. Where Healint provides access to online services / web shops of Third Party via links, Healint shall not be liable for such Third Party content. Healint shall not appropriate the content of others as its own. If the user is of the view that certain content violates his rights, then he should report it to firstname.lastname@example.org.
I.12. Uploaded Content
Where Healint gives the user the possibility of publishing his content, for example uploading within a forum, then the following terms and conditions apply: the user’s uploaded content (commentaries, videos, pictures) are available for all users. As Healint cannot exercise direct control over the content, it follows that Healint cannot accept any responsibility for the content, the accuracy, and the form of such content. The user is responsible for his own content.
As regards his uploaded content, the user grants Healint a non-exclusive transferable, unlimited right of use and exploitation (i.e. also for citation and referencing purposes) in terms of time, subject matter and place. Healint is not obliged to make the content available. Healint may refuse, transfer, shorten or delete user content at any time.
The user warrants to Healint that he will not upload any content whose contribution, publication or use infringes any applicable law or Third Party rights. Specifically excluded are contributions of a racist, pornographic, degrading, insulting nature and those violating common decency. In particular, the user guarantees that the uploaded content does not infringe any (especially intellectual property) Third Party rights and that he does not merely have a transient usage right to reproduce, distribute or make available.
The user undertakes to indemnify and hold harmless Healint and its agents as regards all valid claims which are based on illegal content and to provide full satisfaction for the ensuing detriment caused; this also covers the costs of a necessary and appropriate legal defense. Where a Third Party asserts that his rights have been infringed, then Healint is entitled to pass on the user’s stored contact details.
You agree to defend, indemnify, and hold Healint, its officers, directors, Third Party, employees, contractors, agents, licensors, suppliers and Third Parties, harmless from and against any claims, actions or demands, liabilities including without limitation, reasonable legal fees, alleged to result from your use of the App, Websites and Services, and Third Party Services.
All other users agree (1) that all matters relating to access to or use of the App, Websites and Services, including all disputes, will be governed by the laws of Singapore without regard to its conflicts of laws’ provisions (2) to the personal jurisdiction, and (3) waive any objection to such jurisdiction or venue and the right to trial by jury in any judicial proceeding involving any dispute, controversy, or claim arising out of or relating to these terms and conditions or the products and services.
The parties acknowledge that they have agreed that this Agreement and all related documents be drawn up in the English language.
II. The App, Websites and Services Specific Provisions
During the term of this Agreement, Healint grants you a non-exclusive, non-transferable, non-sub-licensible, revocable and limited right to access and use the App, Websites and Services and any documentation made available to you by Healint solely for purposes of your personal use of the App, Websites and Services in accordance with the terms of this Agreement. The App, Websites and Services are enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the App, Websites and Services. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the App, Websites and Services. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the App, Websites and Services except to an authorized user. Other than as expressly set forth in this Agreement, no license or other rights in or to the App, Websites and Services are granted to you, and all such licenses and rights are hereby expressly reserved.
III. Third Party Providers Specific Provisions
III.1. Use of Service/Content by Third Party Providers
You acknowledge and agree that the you may, during the course of or in relation to the your use of a Service, be provided with the opportunity to obtain services from one or more third party service or content providers (“Third Party Providers”). The use of these Third Party Services will require your agreement to certain additional terms and conditions provided by the applicable Third Party Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Provider.
You acknowledge and agree that we may engage and incorporate the services/content of Third Party Providers to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Providers as we deem necessary to provide the Services to you. You will enjoy services/content provided by Third Party Providers only if you agree to their terms and conditions.
You acknowledge that Third Party Providers are independent contractors as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Providers in providing the Third Party Services/Content to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site.
In the event the performance of Third Party Services requires disclosure to and/or access of Your Content, you agree that you will not hold us responsible for any breach on the part of the Third Party Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of Your Content by the Third Party Providers.
You also acknowledge and accept that a Third Party Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services.
IV.2. What kind of Data we collect
We collect two main kinds of data: Restricted Data and Shared Data. Shared Data is viewable to those not registered to join Migraine Buddy. We report publicly Shared Data in aggregate, such as the number of patients on a particular treatment or the number of patients experiencing a particular symptom. Restricted Data is not automatically shared with, sold to, or displayed for other users or Third Party. Some information is also collected from Cookies.
Shared data is the information that we collect when:
You can customize your Migraine Buddy experience by recording biographical information, such as: Gender, Age (deducted from your Birthdate), location (city, state and country).
Full use of Migraine Buddy requires that you record information related to your migraines, such as your pain intensity, your pain location, your symptoms, your triggers, your medication, your reliefs, your menstruation, etc.
Migraine Buddy, like most online communities, is a public forum, and users acknowledge and accept that any information shared through free text fields (e.g. forum, treatment evaluations, surveys, annotations, journals, feeds, adverse event reports) or images might be connected to users’ Shared Data (which may be shared with, sold to, or displayed for others). The personal notes that you can record in Migraine Buddy are Restricted Data.
Restricted data is the information that we collect when:
If you want to access data collected by your Device, you must create a Migraine Buddy account. When you create a Migraine Buddy account, we ask for some personal information, including your email address and a password. Your email address will be used to log-into your account.
You can also create your Migraine Buddy account using a different credential such as a Facebook or Google account. We will ask permission to access basic information from that account, such as your name. You can stop sharing that information with us at any time by removing Migraine Buddy’s access to that account.
You can customize your Migraine Buddy experience by adding other types of information to your account, such as: First Name, Nickname, Birthdate, or personal notes.
Only your Gender and your age deducted from your Birthdate may be included in de-identified and aggregated Shared Data.
When you sync your Device through Migraine Buddy, data recorded on your Device about your activity is transferred from your Device to our servers. This data is stored and used to provide Services and is associated with your account. Each time a sync occurs, we log data about the transmission. Some examples of the log data are the sync time and date, device battery level, and the IP address used when syncing.
Whenever you contact Healint for help, we collect your email address along with additional information you provide in your request so that we can provide you with assistance and improve the Services. If you contact us when you are already logged in to your account, the web form automatically pre-fills this information, so you don’t have to type it manually. You can also contact Healint on public forums such as Twitter or Facebook; however, we cannot maintain the privacy of your communication to us if you contact us through these channels.
You can invite your buddies who are already Migraine Buddy users or invite friends who have not yet joined. You can invite Buddies in several ways, such as by providing their email addresses, or by accessing social networking accounts or from the contact list on your phone. When you share your Buddies’ contact information with us to add them as a friend, we will only use it for this purpose. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.
The App and Services include features that require the collection of specific location data, including GPS signals, in order to detect weather parameters (humidity, pressure, temperature) which can trigger your migraines. We only collect this type of data when you activate a location feature. We stop collecting this type of data when you deactivate the feature. We store this information in your Migraine Buddy account.
A cookie is a small data file that often includes an anonymous, unique token, which is sent to your browser from a website’s computers and may be stored on your computer’s hard drive. Cookies do not store any Personal Information.
IV.3. How we use Restricted Data
We may use your Personal Information, such as your name and email address, to:
As we deem appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence.
IV.4. How we use Shared Data
By using, accessing and inputting information in the App, Websites and Services, you agree that any and all data that you have entered or may enter at a future time, into the App, Websites and Services, as well as any data you may enter into related features or Services of the App which are not present at the moment within the App but which may be introduced at any time in the future, you consent to the compilation, processing, analyzing as well as anonymous disclosure and sale of the aforementioned data to a Third Party.
The main objective of data collection is to assist and further migraine research as well as improve and quantify our Services. In lieu of these objectives, the above-mentioned compilation, processing, analysis, and anonymous disclosure of data may be conducted with the purpose of:
1) Developing anonymous aggregated reports, analysis, charts, tables, infographics in order to:
You can still opt-out at any time by going into "My profile" and adjust the "opt-in for research" button.
2) Improving Healint’s algorithms in order to:
You can still opt-out at any time by going into "My profile" and adjust the "opt-in for research" button.
3) Quantifying how Healint’s services are utilized
4) Developing consequently related new products, services and features which may be used to improve the App or may be sold to you or a Third Party.
Healint may also periodically ask users to complete short surveys about their experiences (including questions about the Apps, Websites and Services). Survey responses are analyzed, combined with users’ Shared Data and shared with and/or sold to Third Party. User participation in these surveys is not required, and refusal to do so will not impact a user’s experience on the App, Websites or Services.
Certain areas within our App (ex: Buddies section), Websites or Services are provided with the support of Third Party. These Third Party may have adverse event reporting requirements that relate to regulated products that are used by users of our community, and Healint assists such Third Party with reporting adverse events to regulatory agencies.
All and any data you enter into the App shall be treated with absolute anonymity and any information that is sold or provided to a Third Party in the form, including but not limited to aggregated reports shall not include any personal information, including first name, last name, email, phone number, date of birth of a person who has downloaded, accessed and used Services in connection to the App ("User").
IV.5. Disclosing Data to a Third Party
Your data may be disclosed to a Third Party in the following instances:
1) As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution or similar event relating to all or a portion of our business or assets, your personal information and data may be part of the transferred assets.
2) We may also disclose your data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public.
3) Your data can include in anonymous & aggregated reports, analysis, charts, tables, infographics to support research and awareness of migraine, more in How We Use Your Data, 1).
We store your Personally Identifiable Information as long as you maintain a Migraine Buddy account.
IV.6. How to edit or modify Data
Personal information and data that you provide to Healint can be modified from your Migraine Buddy account (ex: modify your user’s email address from your Migraine Buddy profile). If you remove data from your account, it will no longer appear to you. Backups of that data will remain associated with your Migraine Buddy account and in our archive servers.
IV.7. How to deactivate your Migraine Buddy Account
You can deactivate your Migraine Buddy account by contacting email@example.com from your user’s email address. When you do, data that can identify you will be removed from the Services, including but not limited to your email, name, Buddies list and links to sites such as Facebook. Backup copies of this data will be removed from our server based upon an automated schedule, which means it may persist in our archive for a short period. Healint may continue to use your de-identified information after you deactivate your account.
IV.8. Other security issues
Healint cannot guarantee the identity of any other users with whom a user may interact in the course of using the App, Websites or Services or who may have access to a user’s Shared Data. Additionally, we cannot guarantee the authenticity of any data that users may provide about themselves.
Finally, users should know that Healint takes commercially reasonable technical precautions to help keep user data secure.
IV.9. Risks and benefits
While our goal is to help patients improve health outcomes, there are no certain benefits to using our App, Websites and Services. However, keeping track of personal well-being, treatments, and symptoms has been shown to be helpful in improving overall health.
There are also no known risks to using the App, Websites and Services, but there is a possibility that users may feel uncomfortable sharing information online. For example, it is possible that employers, insurance companies, or others may discriminate based on health information. Therefore, we invite users in keeping their information private, and use nicknames when exchanging with other users or sharing data outside of Migraine Buddy.
In using the App, Websites and Services, users are free to skip any non-required questions or data fields. Users are also free to stop using this service at any time. If a user chooses to deactivate his/her account, Healint will not display or sell the data in that account as of the date of deactivation. However, the user’s data will remain in the system for auditing purposes, and research conducted prior to the deactivation of a user’s account will still include the user’s data.
IV.10. Other important notices
If you are under thirteen, please do not submit any Personal Data and Information through the App, Websites or Services without consent from a parent or guardian. Parents who are using the App, Websites or Services for their children who are under 13 will be responsible for any data and Personal Information they enter into the App, Websites or Services.
Do not send e-mail communications containing personal health information to us. We cannot secure any Personal Information sent by e-mail because such information can be accessed by other internet users. If you send us a question by e-mail, our use and disclosure of that information will be limited to the minimum necessary to respond to your question.
On occasion, we may make arrangements with certain customers or business partners to share certain de-identified aggregate pattern information in order to assist such customers or business partners to improve their services (such as evaluating patterns, utilization, usage and trends). We may also share such information with you or other users of our service. This type of information may be based in part on information related to you, but does not allow for the personal identification of any individual (in other words, it is “de-identified”). This information will not be used by the customer or business partner for marketing and/or any purpose other than as set forth above.
We remove your identity from your Personal Information (contact, health and/or financial) and may work with it as anonymous (“de-identified”) information. De-identified individual information is information about a user presented in a form where information about one anonymous user would be indistinguishable from information relating to other anonymous users. De-identified individual information is not in a form that allows anyone studying the information to personally identify any user.
Aggregate information is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Your anonymous data is combined with the anonymous data of other users and becomes statistics. We may use aggregate information to understand the needs of our user community and determine what kinds of programs and services we can offer to you. We could use this anonymous information to give potential users or business partners a picture of our community and services. Aggregate information may be provided or sold to third parties. Absolutely no personal identifying information is included in the aggregate reports; each individual remains anonymous.
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