Terms of Use
Read these Terms of Use (the “Terms”) and our Privacy Policy (www.devynhealth.com/privacy) (“Privacy Policy”) carefully because they govern your use of the website located at www.devynhealth.com (the “Site”) and services accessible via the Site, other online or offline offerings from us and corresponding mobile application (“App”) offered by Devyn, Inc. (“Devyn”). The Site, our services, offerings and App are collectively called the “Services.”
1. Agreement to Terms. By registering for the Services and accepting these Terms, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect and utilize your personal information and how you can exercise your privacy rights.
3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. We will post the most recent version of the Terms on our Site and in the App, and any changes to these Terms will become effective when
posted. You are responsible for checking these Terms periodically for changes. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you do not agree to be bound by the changes, you may not use the Services anymore.
Because our Services are evolving over time, we reserve the right to change, replace, suspend, or discontinue the Services or any component of the Services (including, without limitation, any feature, specification, database or content) at any time and for any reason at our sole discretion. We will not be liable to you for any change, replacement, suspension or discontinuation of your rights to access or use the Services. We may also impose limitations on certain features or parts of the Services or restrict your access to part or all of the Services without notice or liability.
4. Who May Use the Services? You may use the Services only if you are at least 18 years old, reside in the United States of America or any of its territories, meet the criteria that we have established for enrollment and are capable of forming a binding contract with Devyn, and not otherwise barred from using the Services under applicable law.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may also change the criteria used to determine eligibility for any time for any reason. This provision is void in jurisdictions where it is prohibited by law, and accordingly, we revoke the right to access the Services in those jurisdictions.
5. Disclaimer of Medical Advice. The Services are not intended or implied to be a substitute for professional medical advice. You are encouraged to confirm any information obtained from or through the Services with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES. Devyn does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through the Services. DEVYN IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICES. If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately.
6. Our Intellectual Property. We may make available through the Services a variety of information, articles, feedback, tips, advice, messages, comments, posts, texts, graphics, software, photographs, video, data and other materials that are subject to intellectual property rights. We retain all rights to that content.
To the extent the Services expressly authorize you to do so, you may download the content displayed on the Services for download but solely for your personal use in accordance with these Terms and only if you maintain all copyright, trademark, and
other notices contained in those items. Copying or storing any content for any use other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from us or from the copyright holder identified in the item’s copyright notice.
7. Rights and Terms for Apps.
(A) App License. If you comply with these Terms, Devyn grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
(B) App Providers. In order to access and use the App, you must download it from a digital distribution platform such as the Apple App Store or Google Play (the “App Provider”). Even though you must download the App from the App Provider, these Terms are between you and us (and not the App Provider). Even though these Terms are between you and us, you must also comply with any other applicable terms of service from the App Provider or other applicable third parties when you access or use the Services.
(C) Additional Information: Apple App Store. This Section 6(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services 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 App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, 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. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third- party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. 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. You must also comply with any applicable third-party terms of service when using the App.
(D) Open Source Licenses
REACT Master License. MIT License, Copyright © Facebook, Inc. and its affiliates. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies of substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OR CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF OTHER DEALINGS IN THE SOFTWARE.
REDUX License. MIT License, Copyright © 2017 Jani Eväkallio. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
8. Consent to Receive Email and Phone Communications. As a condition to accessing or using the Services, you must provide us with your email address and may also be asked to provide a phone number. By participating in the Services, you agree and consent to our communicating with you via email, SMS messages, voice calls, push notifications and other electronic communications that relate to the Services. Emails that we send to you may be unencrypted and may contain personal information, including information about your personal health conditions, and you agree that we may send these emails to you unless you choose to unsubscribe from these emails at any time. As part of using the Services, you agree to receive all agreements, notices, disclosures, and other communications that we provide to you in electronic form, including all communications that we are required by law or these Terms to provide to you. You also acknowledge that receipt of these communications in electronic form satisfies any legal requirement that the communications be in writing. Your consent to receive electronic notices, disclosures, and other communications applies to any notice or other information that we provide in connection with your application, registration or enrollment in a program offered by Devyn and all communications relating to your access to and use of the Services.
9. Your Systems and Connections to the Services. You are responsible for obtaining, installing, operating and maintaining all software, hardware, or other equipment (the “Systems”) that maybe necessary for you to access and use the Services and any internet and/or wireless services via the providers of your choice (the “Connections”). This responsibility includes, without limitation, utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware and internet security software. By accessing or using the Services, you demonstrate and agree that you can access information that we post electronically and receive electronic communication from us. In connection with your access to and use of the Services, you understand and agree that we are not responsible for any errors or problems that arise from the malfunction or failure of the Systems or the Connections.
Communication lines used to transmit emails and text messages do not have the same security features that are built into the Services. By accessing or using the Services, you acknowledge that we are unable to ensure the security of information you send to us or others using information you obtain from our Services through your Systems or Connections, or the information you store on your Systems and you acknowledge that information sent via email, facsimile, or text message or otherwise through your Systems or Connections may not be encrypted or secure.
WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, INTERRUPTION, FAILURE, CORRUPTION OF, UNINTENDED ACCESS TO, OR DISCLOSURE OF ANY INFORMATION THAT YOU TRANSMIT TO US. IN ADDITION, BY AGREEING TO RECEIVE EMAILS, TEXT MESSAGES, PUSH NOTIFICATIONS, OR OTHER ELECTRONIC COMMUNICATIONS FROM US, YOU AGREE TO ACCEPT ANY RISK AND DAMAGE ARISING FROM THE DISCLOSURE OF THOSE COMMUNICATIONS IN TRANSMISSION.
10. User Content. In connection with your use of the Services, we may receive information, articles, feedback, tips, advice, recommendations, messages, comments, posts, texts, activity tracking, food tracking, sleep tracking, biometric information, health readings or other personal health information, photographs, video, data and other materials from you (“User Content”). You retain all ownership or license rights that you possess in your User Content, provided that you grant the licenses to use the User Content described below to Devyn and to other users. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Devyn on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By making any User Content available through the Services you consent and grant to Devyn Parties a perpetual, irrevocable, non- exclusive, transferable, sublicensable, royalty-free, fully paid, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of, and otherwise use any User Content and incorporate any User Content in other works in any form, media, or technology, in each case, subject to these Terms and our Privacy Policy. You also consent to and permit any other user of the Services to access, display, view, store and reproduce any User Content that you make available within the Services or to the public for his or her personal use without compensation.
Under the license you grant pursuant to these Terms, we reserve the right to remove personal identifiers from and all User Content (“De-Identified Data”) and once de-identified will not be subject to any confidentiality on our part. You understand and agree that we own all right, title, and interest in any De-Identified Data. You also understand that De-Identified Data may be used for any lawful business purpose without any duty of accounting to you. For example, we may use De-Identified Data from User Content in our publications, in sales and marketing materials, and for research and development.
By providing you with the ability to post and use User Content, we do not undertake any obligation or liability relating to User Content, the User Content of others, or any related activities. We do not endorse any User Content. You acknowledge that all
User Content submitted, uploaded, posted, transmitted, or displayed are the sole responsibility of the person who posted the User Content and that you are entirely responsible for all of your User Content. YOU WILL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USER CONTENT.
We do not control User Content from other users. Accordingly, we do not guarantee the authenticity, accuracy, integrity, or quality of any User Content. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THE CURRENCY OR ACCURACY OF ANY INFORMATION PROVIDED BY OR ON BEHALF OF ANY USER, AND WE HEREBY DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY OR ON BEHALF OF USERS IN CONNECTION WITH THEIR USE OF THE SERVICES.
11. General Prohibitions and Devyn’s Enforcement Rights. You agree not to do any of the following:
(A) Use, display, mirror or frame the Services or any individual element within the Services, Devyn’s name, any Devyn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Devyn’s express written consent;
(B) Access, tamper with, or use non-public areas of the Services, Devyn’s computer systems, or the technical delivery systems of Devyn’s providers;
(C) Attempt to probe, scan or test the vulnerability of any Devyn system or network or breach any security or authentication measures;
(D) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Devyn or any of Devyn’s providers or any other third party (including another user) to protect the Services;
(E) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Devyn or other generally available third-party web browsers;
(F) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(G) Use any meta tags or other hidden text or metadata utilizing a Devyn trademark, logo URL or product name without Devyn’s express written consent;
(H) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(I) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
(J) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(K) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(L) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
(M) Impersonate or misrepresent your affiliation with any person or entity; (N) Violate any applicable law or regulation; or
(O) Encourage or enable any other individual to do any of the foregoing.
Devyn is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content or access to the Services at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We are not obligated to provide any technical support under these Terms, to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Services and we provide no assurance that any specific errors or discrepancies in the Services will be corrected.
12. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources. We are not responsible for the manner in which third-parties collect, safekeep, access or use information that you supply to them or that we supply to them at your request or instruction. If you do not understand or do not agree to the terms of use or privacy policies of any third-party, you should not use or interact with those offerings or providers.
WE HEREBY DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COLLECTION AND USE BY ANY THIRD-PARTY OFFERINGS OR THIRD-PARTY PROVIDERS OF ANY INFORMATION THAT YOU SUPPLY TO THEM OR THAT WE SUPPLY TO THEM AT YOUR REQUEST OR INSTRUCTION, AS WELL AS THE AVAILABILITY, PERFORMANCE, TECHNICAL FAILURES, CONTENT, ACCURACY, EFFICACY, APPROPRIATENESS, SAFETY, LEGALITY, OR SECURITY OF THIRD-PARTY OFFERINGS AND THIRD-PARTY PROVIDERS OR ANY OTHER ASPECT OF THEIR FUNCTIONING OR INTERACTIONS. YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT RESULTS FROM OR IS ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD-PARTY OFFERINGS AND THIRD-PARTY PROVIDERS.
13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. If you wish to terminate your account, you may send an email to team@devynhealth.com. Any fees paid for the Services are non-refundable. Upon any termination, discontinuation or cancellation of the Services or your account, your right to use all or any part of the Services will immediately terminate. All provisions of these Terms which by their nature should survive termination, including without limitation, ownership and license provisions, warranty disclaimers, indemnity provisions and limitations of liability.
14. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. Use of the Services is at your own risk. Through our Services, you may or may not learn that you are at risk of certain medical complications or conditions. There is no guarantee that our Services will result in a successful or healthy pregnancy.
15. Limitation of Liability
(A) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEVYN NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DEVYN OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(B) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEVYN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO DEVYN FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DEVYN, AS APPLICABLE.
(C) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEVYN AND YOU.
16. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in California, and you and Devyn each waive any objection to jurisdiction and venue in such courts.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Santa Clara County, California, under the rules of the American Arbitration Association. Notwithstanding the arbitration provisions, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Services is not authorized in any jurisdiction that does not give effect to this Section or any other provisions of these Terms.
17. General Terms.
(A) Reservation of Rights. Devyn and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(B) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Devyn and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Devyn and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Devyn’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Devyn may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(C) Notices. Any notices or other communications provided by Devyn under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(D) Waiver of Rights. Devyn’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Devyn. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. International Use. Devyn provides the Services only to individuals residing in the United States of America and its territories. Devyn makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws.
19. Contact Information. If you have any questions about these Terms or the Services, please send an email to team@devynhealth.com
Last Updated May 6, 2022.