Ubie User Terms of Use

What this policy covers
1. The Ubie User Terms of Use ("Terms of Use") sets out the basic terms and conditions for the user to use (i) the Application(s) (defined below); and (ii) the Services (defined below) made available through the Application(s) (collectively referred to as "Application(s) and/or Services"). These Terms of Use constitute a binding agreement between you and Ubie in respect of your use of our Application(s) and/or Services. If you do not accept any of the terms in the Terms of Use, please do not use our Application(s) and/or Services. By registering for a customer account ("Customer Account"), accessing or using our Application(s), and/or using our Services, you are deemed to have accepted these Terms of Use. Please be sure to read the full text of this Terms of Use in advance.
2. In the Terms of Use, "we", "our", or "us" refers to Ubie, a company incorporated under the laws of the State of New York. "You" and "yours" refers to any person who has (a) registered for an account on the Application(s); (b) uses our Services; and (c) accesses or uses the Application(s) without registering for an account.
3. We may modify or discontinue any information or features that form part of the Application(s) at any time, without notice to you, and without liability. We may also, in our discretion, cease to operate the Application(s) at any time, but will give you advance notice of such intention.
4. The Terms of Use will also apply to any updates or upgrades provided by us that replace and/or supplement any part of the Application(s), unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
5. From time to time, we may (including through our service providers or third parties) offer specific or new products, features, functionalities, and/or services to complement or supplement the product/service offerings comprised within the Application(s). Additional or separate terms and conditions may apply to these products, features, functionalities, and/or services, and you will need to accept and comply with those terms and conditions to enjoy them.
6. We may also from time to time publish additional guidelines, rules, and conditions applicable to the use of the Application(s). You agree to comply with these additional guidelines, rules, and conditions, which are incorporated by reference into these Terms of Use.
7. We reserve the right to change the URL(s) of the Application(s) without prior notice to you.
8. These Terms of Use may be made available in languages other than English. To the extent of any inconsistencies or conflicts between these Terms of Use and other versions of the Terms of Use in any other language, the English language version shall prevail.
Definitions
1. The following terms used in this Terms of Use shall have the meanings set forth below:
  1. "Application(s)" refers to the application software (including but not limited to the "AI Health Assistant" and "Symptom Checker") made available through the Site and provided to Users for their use of our Services. All reference to "Application(s)" would also include a reference to the "Site";
  2. "Healthcare Provider(s)" means any specialist in medicine, dentistry, pharmacy or nursing, or anyone who, on the job, may diagnose, prescribe, recommend, purchase, supply, sell or administer medicines. Health providers include, without limitation, doctors, advanced nurse practitioners, dermatologists, phlebotomists (people qualified to draw blood), physiotherapists, pharmacists, clinical receptionists, clinic assistants, and mental health therapists. These Healthcare Provider(s) are third-party vendors, and are not associates, employees or agents of Ubie;
  3. "Services" means the services provided to users through the Application(s) as set forth in clause 6 below, and the provision of the Application(s) to the users for their use; and
  4. "Site" means the website (https://ubiehealth.com/) operated by Ubie for the use of the Services.
Contacts
1. If you wish to contact us, please email us at privacy@ubiehealth.com
Customer Account Registration
1. You may be required to apply and register for a Customer Account with us before you are entitled to access and/or use certain features of the Application(s) and/or to use our Services. To register a Customer Account, you will be required to complete the registration procedures specified on the Application(s).
2. When registering for a Customer Account, you may be required to provide various pieces of information (such as name, email address, identification numbers, etc.) to us in accordance with instructions given through the Application(s). You will promptly update any information you have provided so that it remains complete, true and accurate at all times. We may, if required or in accordance with applicable laws, check and verify the information you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.
3. We may require you to allow us to obtain information or data relating to you from third party sources (including official sources) in order to verify your identity and details. You acknowledge and authorize us to obtain such data or information on your behalf and agree to cooperate / extend to us any assistance that we may require to obtain the information and data.
4. Notwithstanding any verification that we may conduct pursuant to Clauses 4.2 and 4.3, you acknowledge and agree that we are reliant upon and not responsible for, the accuracy, veracity or truthfulness of any information and data received from you or any third party source, and accordingly our verification does not constitute any endorsement, guarantee or certification on our part that any registered user on the Application(s) is safe, trustworthy and/or reliable.
5. In signing up for a Customer Account, you represent and warrant that:
  1. all registration information provided by you is true, accurate, current, and complete to the best of your knowledge and belief;
  2. you have full capacity and authority to (and do) accept and agree to these Terms of Use. If you are a minor or an incapacitated individual, you warrant that you have obtained consent from your parent and/or legal guardian prior to signing up for a Customer Account;
  3. if the Customer Account is registered in the name of an incapacitated individual, you have the authority to accept and agree to these Terms of Use on their behalf; and/or
  4. you have not previously been suspended or prohibited from using the Application(s).
6. Upon successful registration of your Customer Account, you, as the holder of the Customer Account:
  1. agree to keep your Customer Account ID and password confidential and shall not allow other person to use the Customer Account; and
  2. shall notify us immediately if you have any reason to believe that the security of your Customer Account has been compromised.
7. You are solely responsible for any and all activities which occur under your Customer Account. We are entitled to treat all activities that occur under your Customer Account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your Customer Account or have negligently or otherwise made your password and/or Customer Account ID publicly available, you agree that you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of this Application(s); and (iii) the consequences of any use or misuse.
8. We reserve the right to reject your application for a Customer Account.
9. You acknowledge and agree that we may access your Customer Account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems or responding to complaints without prior notice to you.
What we mean by our Services
1. We currently offer Services such as the Healthcare Provider based Services and direct to patient Services via the Application(s). The Healthcare Provider based Services would be offered through the AI Health Assistant Application, while the direct to patient Services would be offered through the Symptom Checker Application. More information on these Application(s) and/or Services are set out in the following paragraphs:
2. Healthcare Provider based Services
  1. The Healthcare Provider based Services are offered by third party Healthcare Provider(s) to you through the AI Health Assistant Application. We are merely the intermediary between you and these Healthcare Provider(s). We are not a party to and are not bound by any oral or written agreement entered between you and the Healthcare Provider(s). We do not provide any diagnosis or medical advice, and will not contact you for any clinical matters. However, we may ask you to provide feedback on such Healthcare Provider based Services so that we can make improvements on the Services rendered to you.
  2. In order to use such Healthcare Provider based Services, you will be required to provide information to the Healthcare Provider(s) via our Application, “AI Health Assistant”. Such information is then shared with your Healthcare Provider(s). Upon reviewing the information provided, the Healthcare Provider(s) may provide you with a diagnosis, recommendation, or treatment plan and/or arrange for an in-person consultation with you. They may also contact you for administrative matters. All services will take place through the AI Health Assist Application, and information shared by you would be stored on the application to provide such services.
  3. We are not responsible for, and disclaim all liability for any act or omission of the Healthcare Provider(s) or any dealings between you and the Healthcare Provider(s), whether or not such dealings have been facilitated by us or conducted on or through the Application(s).
  4. We are not responsible and disclaim all liability for any services rendered and/or information provided by the Healthcare Provider(s). We shall not be responsible for (i) any late, wrongful, non-delivery, unsatisfactory or inadequate services provided by the Healthcare Provider(s); and/or (ii) your reliance on the information provided by the Healthcare Provider(s).
  5. We do not guarantee the truth or accuracy of the information provided by the Healthcare Provider(s). You agree that we are not responsible for any negligence and/or non-performance by the Healthcare Provider(s).
  6. In the event of any dispute arising from or related to services rendered by the Healthcare Provider(s), you accept that your only recourse is against the Healthcare Provider(s).
3. Direct to patient Services
  1. These Services are provided by Ubie through our Application, Symptom Checker, where health and lifestyle information will be provided to you. Symptom Checker is a digital tool where you can enter your symptoms and obtain general information based on your inputs. For some symptoms, you can also view a list of possible conditions which can be associated with the entered symptoms.
  2. Any information provided to you through the Symptom Checker Application is for informational purposes only and is not designed to provide you with a diagnosis or medical advice or treatment plan. Symptom Checker is not intended to act as and should never be used as a replacement for consultations, treatments and/or advice rendered by a qualified medical professional.
4. In order to facilitate the transactions and activities conducted on the Application(s), we may engage third-party service providers to generate, create, provide, store, process, manage, facilitate, transfer and/or transmit data to you or on your behalf. You agree that we and/or the third party service providers, whether acting on your instructions or otherwise, may display, disclose, transfer or share your data with any party which accesses such data with the proper or recognized access codes or permissions. To the maximum extent permitted by applicable law, we shall not be responsible or held liable for (a) any inaccuracies, misrepresentations or falsehoods contained in the contents of the data; (b) any interference, hacking, theft or interception by third parties, or for the security, integrity or confidentiality of the data; and (c) for the display, disclosure, transfer and sharing of the data on the Application(s).
What our Services can and can't do
1. Our Services are for informational purposes only. They are not designed to provide you with a diagnosis or medical advice or treatment. They are not intended to act as and should never be used as a replacement for a qualified medical professional.
2. The Application(s) may contain information and/or content generated or provided by you or the Healthcare Provider(s). We are not responsible for and disclaim all liability for information and/or content provided by you or the Healthcare Provider(s). We do not monitor or endorse the information and/or content provided by you or the Healthcare Provider(s). We do not warrant or represent the truth or accuracy of the information and/or contents uploaded by you or Healthcare Provider(s).
Maintenance and Support
1. We have no obligation to provide any maintenance, support or other services in relation to the Application(s), including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrades, bug fixes and/or patches, and/or enhancements in respect of the Application(s), you shall install them and keep your installation of the Application(s) updated to the most recent release or version made available by us.
2. Your access to and/or use of the Application(s) may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to the Application(s).
3. We may at any time at our sole discretion, remove any content on Application(s) without prior notice, and for any reason including without limitation, contents that appear to be outdated or inaccurate, or which are in contravention of these Terms. In the event that we remove any content, we shall not be liable whether to you or to any other party for any damage or any other remedy, in law or in equity.
4. To the maximum extent permitted by applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transaction or communications made through the Application(s).
5. Internet communications may be susceptible to interference or interception by third parties. You acknowledge and agree that there are inherent risks (including risks related to security, authenticity, integrity, and confidentiality) in electronic communications, messaging, and conducting transactions over electronic networks. To the maximum extent permitted by applicable laws, we expressly disclaim any liability for such risks made through the Application(s), which you agree to assume.
Your obligations
1. You represent, undertake, and warrant that you shall:
  1. provide us with all necessary information and/or produce all necessary documents as may be required by us in order to provide you with the Services you require. Where supporting documents are required, you should ensure that all information submitted through the Application(s) is consistent with the supporting documents;
  2. comply with all applicable laws and regulations with respect to your activities on and in connection with your use of the Application(s); and
  3. comply with all applicable security or encryption standards, rules, procedures, and guidelines
2. We do not recommend that you use any of our Services in the event of an emergency. You should seek emergency medical treatment instead. You should also consult with a qualified healthcare professional if you have concerns about your health or a medical condition as well as before you make any decisions about your health.
Children and people without agency
1. If the Customer Account is registered by a minor or an incapacitated individual, such Customer Account can be used by their parent and/or legal guardian for the purposes of using the Application(s) and/or Services. All usage of the Application(s) and/or Services by a minor must be supervised by a parent and/or legal guardian.
What you can and can't do with our Application(s) and/or Services
1. Subject to these Terms of Use, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Application(s). This license does not transfer any title in the Application(s) to you. We retain all ownership rights in the Application(s) and reserve all rights not expressly granted to you.
2. The Application(s) and its contents (including trademarks, logos, domain names, source code, pages, documents and online graphics, audio, and video), and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, interest in and to the Application(s), its contents, and all proprietary and intellectual property rights associated therewith, and you agree not to challenge the validity of our ownership of or rights to the same. You shall not reproduce, republish, distribute or otherwise exploit any content of the Application(s) in any way without our prior express consent, which may be withheld for any or no reason.
3. When using our Application(s) and/or Services, you will not, and will not permit any other party to:
  1. modify, adapt, improve, enhance, alter, translate or create derivative works of the Application(s);
  2. reverse engineer, decompile, dissemble or otherwise attempt to derive the source code or structure of the Application(s), or decrypt the Application(s);
  3. use or merge the Application(s), or any component or element thereof, with other software, databases or services not provided or authorized by us;
  4. use any information provided to you through the Application(s) and/or Services for commercial purposes, such as on your own website for profit;
  5. use for any unlawful or improper purposes, such as interfering with the Services that we provide through our Application(s), or engaging in fraudulent, illegal or suspicious activities and/or transactions, including fraud, money laundering and financing terrorism;
  6. circumvent, or attempt to circumvent, any protection measures (electronic or otherwise) in place to regulate or control access to the Application(s), including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
  7. use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape", "data mine&quto;, "crawl" or in any way gather the Application(s) or reproduce or circumvent the navigational structure or presentation of the Application(s) without our express prior written consent;
  8. use our Services other than for yourself, unless you are helping a child that you are responsible for or have legal guardianship over;
  9. install, transmit any data, send or upload any material that contains viruses, malware, Trojan horses, worms, spyware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  10. infringe third party's or our assets including intellectual property rights such as copyright, patents, database rights, trademarks;
  11. slander, libel and defame third parties or us, or violate third parties' privacy by inadequately collecting, disclosing, and using their personal data;
  12. use the Application(s) in a way that could damage, disable, overburden, impair or compromise our systems or security to interfere with our business and provision of our Services;
  13. interfere in any manner with the operation of the Application(s);
  14. use the Application(s) in any way that constitutes improper use or otherwise in a manner not reasonably contemplated by this Terms of Use;
  15. engage in any conduct that is detrimental to us or any third-party service providers and Healthcare Provider(s) or cause injury to, or attempt to harm us or any third-party service providers and Healthcare Provider(s); and/or
  16. conduct any abusive or offensive behavior towards any of Ubie's employees.
4. Any such actions above may result in suspension of your access to our Services.
Disclaimer
1. Our Services are intended for use only for general wellbeing purposes or to encourage or maintain a healthy lifestyle, and is not intended to be used for any medical purpose (such as the detection, diagnosis, monitoring, management or treatment of any medical condition or disease). Any health-related information provided by us through the Application(s) should not be treated as medical advice. Please consult a physician for any medical advice required.
2. Our Application(s) and/or Services are provided to people residing in the U.S. We do not represent that content available on or through our Application(s) and the Services provided are appropriate for use or available in other locations, apart from the U.S.
3. The Application(s) is provided "as is" and "as available" with no warranties whatsoever. To the maximum extent permitted by law, we make no representations, warranties or guarantees, whether express or implied (including but not limited to the implied warranties of satisfactory quality and fitness for a particular purpose):
  1. regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Application(s);
  2. regarding the availability or appropriateness of the Application(s);
  3. that the Application(s) or your use of the Application(s) will not infringe the intellectual property or other proprietary rights of any third party;
  4. that Application(s) will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorized software, or other harmful codes or components not specifically mentioned herein;
  5. that the Application(s) will not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);
  6. that the Application(s) will contain information that is always timely and accurate;
  7. that Application(s) will operate or function properly on your devices or operating systems;
  8. that Application(s) will not cause any damage to your devices or operating systems; and/or
  9. that there will not be any unauthorized access and/or use of your account.
4. Your use of the Application is voluntary and at your own risk. To the maximum extent permitted by applicable law, we shall not be liable, in any circumstances or legal theories whatsoever, for any damage or loss of any kind, any direct, consequential, incidental, special or indirect damages of any character, loss of data, loss of business, loss of profits or goodwill, interruption of business, costs, expenses or claims of any nature whatsoever, even if we are aware of the risk of such damages:
  1. that you may incur as a result of your use, access or reliance on the Application(s) (or any information, data or statement found thereon) and/or any Services;
  2. any loss or damage suffered as a result of not following the instructions for using our Application(s) and/or Services;
  3. liability, loss or damage that you may incur through the use of the Application(s);
  4. that you may incur as a result of your dealing with a third party service providers and Healthcare Provider(s);
  5. all decisions or actions resulting from your use of the Application(s) and/or Services;
  6. business losses to you (our services are for personal use only);
  7. any loss or damage as a result of your own breach of this Terms of Use or our Privacy Policy for Ubie AI Symptom Checker;
  8. any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Application(s) and/or Services;
  9. any harm suffered where this is not caused by our negligence;
  10. any loss or damage caused by a virus that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Application(s) and/or Services;
  11. arising out of or in connection with any unauthorized access to your Customer Account;
  12. resulting from any delay in operation or transmission, communication failure, Internet access difficulties or malfunction of equipment or software in connection with the Application(s) or your Customer Account;
  13. arising out of or in connection with any suspension or termination of your access to the Application(s); and/or
  14. loss or damage from using other websites we link to from our Application(s), including any retail partners we might work with or invite you to access.
5. The accessibility and operation of the Application(s) relies on technologies outside our control. We are not responsible for such technologies that are used or supported on the Application(s). You agree to bear all risks associated with these technologies.
6. We do not endorse, and are not associated with any third parties (including the Healthcare Providers) that may be mentioned on the Application(s), or products and services offered by such third parties.
Limitation of Liability
1. In the event that we are found liable to you for any reason, our liability to you shall not, for any reason, exceed $100 (one hundred US Dollars).
2. This limitation in clause 12.1 applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law
Indemnity
1. You agree to indemnify us, our parent companies, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, sub-contractors, and licensors (collectively the “Indemnified Persons”) in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by the Indemnified Persons or asserted against them in respect of:
  1. any access, use of, or conduct in connection with, the Application(s) by you;
  2. any breach of these Terms of Use by you;
  3. any violation of the rights of any third party;
  4. our reliance on information, data or records provided by you in connection with your use of the Application(s);
  5. any dispute between you and a third party (including the Healthcare Provider(s)) or another user of the Application(s);
  6. the occurrence of any event due to your act, omission or default which comprises the security or integrity of the Application(s) or its contents; and/or
  7. your violation of any applicable law or the rights (including but without limitation to intellectual property rights and privacy rights) of any other person or entity.
Force Majeure
1. We are not liable for any loss, damage or penalty resulting from delays or failures in performance if the delay or failure results from events beyond our reasonable control (a "Force Majeure Event"). Force Majeure Events shall include, but are not limited to, acts of God, war, hostility, invasion, act of foreign enemies, rebellion, revolution, riots, civil war, disturbances, requisitioning or other acts of civil or military authority, laws, regulations, acts or orders of any governmental authority, body, agency or official, fires, inclement weather, rain or floods (however caused), strikes, lock-outs or other labor disputes, epidemics, pandemics, outbreaks, embargoes, breakdown of equipment, plant or machinery (including, but not limited to, data center, telecommunications systems, and utility services) or other catastrophe.
Technical Requirements
1. You acknowledge and agree that for the Application(s) to function, it requires a compatible device (including a mobile or computing device), appropriate third-party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and/or equipment to access and use the Application(s).
Suspension and Termination
1. We reserve the right to suspend or terminate your access and use of your account and the Application(s), immediately without prior notice and without liability to you, and for any reason.
2. If we discontinue the Application(s), cease the provision of the Services, terminate your right to access and use the Application(s), or if your account is deactivated:
  1. any and all amounts payable by you to us will immediately become due; and
  2. we may delete or deactivate your user account and all related information in such user account without liability to you.
3. Clauses 4.7, 4.9, 5.2.3, 5.2.4, 5.2.5, 5.2.6, 5.3.2, 5.4, 6, 10, 11, 12, 13 and 19 and all other clauses of these Terms of Use so intended to survive after the termination of your access to the Application(s) shall survive such termination and remain in full force and effect.
What we need from you
1. We need some personal information from you so that we can provide you with our best Service. This is to allow your Health Provider to identify you and your symptoms correctly.
2. You agree that we may display, upload and share information and data you provide about you to third parties (including our third-party service providers and Healthcare Provider(s)). Any personal data or information which you may provide to us is subject to our Privacy Policy for Ubie AI Symptom Checker, which is incorporated by reference into these Terms.
3. You agree that you are a data controller in respect of all personal data provided to us, and that you (a) will properly and validly obtain (or have so obtained) from the relevant data subjects all requisite consents for the collection, use, disclosure, processing and retention of such personal data for the purposes set out in our Privacy Policy for Ubie AI Symptom Checker; and (b) are responsible for compliance with your obligations under applicable data protection laws with respect to such personal data.
Changes to these terms
1. These Terms of Use are always available in our Application(s). We may change the Terms of Use from time to time without notice to you. You should review these Terms of Use on our Application(s) from time to time to ensure that you understand all the terms and conditions that apply to your access to and/or use of our Application(s) and/or Services. Your continued access to and/or use of our Application(s) and/or Services indicate your acceptance of the revised Terms of Use.
General
1. These Terms of Use constitute the entire agreement between you and Ubie in relation to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or representations.
2. The use of the Application(s) and/or Services and these Terms of Use is governed by laws of the State of New York. You submit to the non-exclusive jurisdiction of the courts of the state or federal courts located in New York in relation to all disputes and any claim relating to the use of the Application and/or Services.
3. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the provisions herein.
4. Any amendment of these Terms of Use, if sought by you, shall not be effective unless it is made in writing and signed by our duly authorized representative.
5. If any provision in these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.
6. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Other than the Indemnified Persons, relevant Healthcare Provider(s), and in the event that you are a minor or an incapacitated individual, a parent or guardian acting on your behalf, a person who is not a party to this these Terms of Use shall have no right to enforce these Terms.
7. The rights and remedies under these Terms of Use are cumulative and not exclusive of any other right or remedy provided by law or equity.

Last Updated: 17 November, 2022