1. Relationship between you and CONNEQT Inc
The Applications are distributed by CONNEQT Inc. (hereinafter “CONNEQT” or “We”).
The following Applications Terms are a sub-set of CONNEQT Inc Services Terms and Conditions for CONNEQT digital health Products and Services (“CONNEQT Services Terms and Conditions”). These Applications Terms supersede any other document setting forth the CONNEQT Inc Services Terms and Conditions with respect to its purpose.
An Application (hereinafter “Application”) is a software application developed by or for CONNEQT Inc, composed by a graphic interface (and other Application Elements as defined below), that can be used in particular through your smartphone, and from which you interact with the features that are made available to you by the Application and allow you to save, store, access, use your data, such as identifying data. CONNEQT Inc. applications include the following:
- CONNEQT App
As a user, you acknowledge and guarantee:
- That you have obtained and read a copy of these Applications Terms; and,
- To be in possession of the Applications Terms on a durable media for example by printing them out; and,
- To be of age required or otherwise authorized under the law of your country of residence to commit yourself into these Applications Terms.
- That you have the right to access and use the Applications
Any objection or contestation to these Applications Terms will be interpreted as a refusal to agree to these Applications Terms.
IF YOU WERE TO DISAGREE WITH THESE APPLICATIONS TERMS YOU ARE NOT PERMITTED TO USE THE APPLICATION, AND SHALL UNINSTALL THE APPLICATION.
Products or CONNEQT Inc Products and/or Services refers to a range of CONNEQT digital health products and services offered and provided by CONNEQT Inc.
Website refers to the website available at the following address: www.conneqthealth.com
3. Modification of the Applications Terms
It is understood and agreed between the parties that CONNEQT Inc. shall have the right, in any case, to amend or modify all or part of these Applications Terms, from time to time and without any prior notice, to reflect changes to the law or any applicable regulation, or any such other events which is deemed by CONNEQT Inc. to command such revisions. Any new version of the Applications Terms will not apply retroactively but replaces and supersedes the previous Applications Terms.
We advise you to frequently consult the CONNEQT Inc. Services Terms and Conditions and to save each version on durable media.
4. Prerequisites for Applications usage, downloading and updates
You must download the Application on your personal medium before using it. This medium can be your personal smartphone or the Web browser of your computer (hereafter collectively referred to as the “Device“). The download of the Applications, and the exchange of data between the Application and CONNEQT Inc. data centers requires an Internet network connection that you have to supply. However, some Applications can be used without Internet connection. Sufficient quality of your Internet connection and sufficient speed and performance of the processor of your Device are essential prerequisites for the use of Applications.
It is also required that your Device also has Bluetooth capability as compatible with your Device operating system (OS).
More detailed information on such prerequisites can be found on our website. For more information please contact our customer support department.
Your Device may not be compatible with the Application even if you are able to download it to your Device. Before any use, you are responsible to check if your Device and the Application and/or CONNEQT Inc. products are compatible.
You must comply also with the terms and conditions applicable to the online store used to download the Application.
The Applications update will be set up in accordance with the terms of how updates are managed by the manufacturer of your Device and/or the provider of your operating system. We hereby inform you that the Application update may include substantial modifications of (1) the Application and/or (2) functionality available through the Application. We are unable to guarantee the continuity and availability of any functionality available through the Application. Furthermore, the functionality and availability of the Application may also vary depending from where you download or connect to the Application.
5. Your Use of the Applications
Data retrieved and presented to you through an Application may not be accurate due to an inappropriate or improper use of the Application, Product or Device. Therefore, you may not use or rely on such data as a specific basis in a health plan.
By using an Application, you shall not:
- Make any use of the Application in contradiction with any law or regulations, or third party rights such as intellectual property rights, or rights with respect to privacy etc.; and,
- Act in any manner that shall create any prejudice to CONNEQT Inc., its affiliates, partners or any user of our Applications, Website, API, Products and Services; and,
- Fraudulently introduce any data on the Application, Website, API or through the Application; and,
- Fraudulently Introduce any data on the Website or on CONNEQT Inc. data server; and,
- Interfere, obstruct, or distort the proper working of the Application or use the Application in any manner whatsoever to interfere with any rights of third parties or CONNEQT Inc; and,
- Undertake any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Application or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and Services accessible from the Application; and,
- Introduce in the Application any identifying data that was brought to the attention of a health care professional such as a doctor by any means; and,
- Probe, scan, and technically analyze the Application; and,
- Test the vulnerability, the performance and functionality of the Application for reasons other than the ones strictly necessary to use the Application; and,
- Breach of any security measures implemented on the Application by CONNEQT Inc.; and,
- Use any illegitimate means to breach any authentication method, implemented by CONNEQT Inc. in order to enable connection by the user to the Application and/or to the purchasing and payment system; and,
- Access and maintain yourself into any section of the Application that is not specifically accessible to you by the usual use of the Application.
6. Connection and identification
Your identification through a CONNEQT account (hereinafter the “Account”) is required before any connection, access and use of an Application. You may also decide to create your Account under a pseudonym.
By connecting an Application and a Product, you identify yourself as the user of the Product. This connection allows you to:
- Link data collected by the Product to your Account; and,
- Have access to your data through the graphic interface of the Application; and,
Should you create an Account, you are requested to follow a set of requirements in order to avoid that a third party would obtain access to your Account. Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), and disconnect your session when you disconnect from the Website and/or the Application. Access to your Account and/or any other means at your disposal to get connected to the Website and/or the Applications is made under your own liability. We remind you that access to your Account can provide access to your personal data. We strongly recommend you to activate the functionality adding a second password security to connect to your Account through the Application.
Any connection to your Account from a third party and to which you have given you prior consent is your own responsibility. We cannot be responsible for any of the personal data communicated to one or several third parties through an authorization given implicitly or explicitly by you to any such third parties. Leaving the Application without logging-out, or not adding a second password security, is considered as an implicit authorization by you.
7. Intellectual property – License to use the Application
The Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other elements incorporated into the Application (hereinafter “Application Element”). The Application Elements and all rights, including without limitation title and intellectual property rights therein, are owned by CONNEQT Inc. and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the software are valuable trade secrets and confidential information of CONNEQT Inc. and/or its licensors and affiliates.
Subject to your compliance with the CONNEQT Inc. Services Terms and Conditions, including these Applications Terms, we, or any third party specifically designated for this purpose, grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license, revocable at any time at CONNEQT Inc’s sole discretion, to access and use the Application strictly in accordance with the CONNEQT Inc Services Terms and Conditions. Use of the Application does not grant you any intellectual property rights in or to any information or content in the Application. The license granted under these Application Terms is strictly limited to the purpose of CONNEQT Inc. Services Terms and Conditions.
You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, lease, reverse engineer, de-compile, extract or otherwise attempt to discover the source code of any
software included in the Application. For open source licensed software, if any, applicable open source license terms apply.
No right or license, express or implied, is granted to any part of the Application except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Application with any other software or hardware not delivered by CONNEQT Inc. or its authorized distributors or resellers. Also, any and all licenses with respect to any patents of CONNEQT Inc. and/or its licensors and affiliates and of any third party (including essential patents) are specifically excluded from the scope of the CONNEQT Inc. Services Terms and Conditions, including these Application Terms, and such licenses need to be acquired separately from CONNEQT Inc. or the respective right holders, as the case may be. Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Application. However, some functionality or features may be available through a specific license, if these functionalities or features are produced by third parties, although integrated into the Application (hereinafter “Third Party Functionality”).
8. Data Protection
|What information CONNEQT collects and why?||CONNEQT collects basic information from visitors to our website, and some personal information from users of our Application and Product. For users of our Applications and Products, we will require and collect the minimum amount of personal information necessary from you, including: First & Last Name, Gender, Date of Birth, Height, Weight.|
|What information CONNEQT does not collect?||Users of our Applications and Products must be at least 18 years old and as such we do not collect information from users under the age of 18. We also do not collect any sensitive personal data without consent.|
|How CONNEQT share the information collected?||CONNEQT share information for the purpose of providing services to you, to comply with your request, or with our vendors, including in connection with your use of our Applications and|
|Products. We do not sell your personal information.|
|What are my rights under the California Consumer Privacy Act of 2018 (“CCPA”)?||Under the CCPA regulations, you have the right: to know about the personal information a business collects about you and how it is used and shared; to delete personal information collected from you (subject to certain exceptions under applicable regulations); to opt-out of the sale of your personal information; and to non-discrimination for exercising your rights under the CCPA.|
We grant You the right of access to and the right to rectify any data concerning You by contacting our customer support department. You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
While it is not our general practice to share or sell your personal information to third-parties for marketing purposes, customers and users who reside in California also have the right to specifically request that we do not share or sell your information with third-parties. To opt-out, or if you have questions about your privacy rights, please contact us at [email protected] with “Privacy Rights” in the subject line of your email.
9. Data Hosting
By using an Application, you may allow CONNEQT Inc., or any third party designated by CONNEQT Inc. for such purpose, to store data collected when using a Product and/or an Application and/or functionality allowed by a Product and Application. You may not be able to access to your data at all times, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data though the means provided in the Application.
The following warranty applies to:
- All Applications;
- The Product Software;
- Any improvements of the above.
The following warranty does not apply to:
- The Products
Unless required by any mandatory legal provision, the Website, the Application (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. CONNEQT INC. MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT, SERVICES OR FEATURE OF THE ELEMENTS,
INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
CONNEQT INC. DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENTS. YOUR SOLE REMEDY AGAINST CONNEQT INC. FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.
11. General provisions
Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Applications Terms is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport Services, supply difficulties in raw material or energy, any communication interference resulting in any difficulty to fulfil any order or performance of any act required by the Applications Terms shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases.
This version of the Applications Terms constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the CONNEQT Inc. Services Terms and Conditions may also apply to you when you are subject to these Applications Terms.
If any provision of these Applications Terms is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under these Applications Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Evidence – Electronic communication
Any notification and communication between CONNEQT Inc. and you can be realized by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your CONNEQT account.
Governing law – Dispute resolution
These Applications Conditions and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of California (CA), USA without regard to principles of conflict of laws.
Any dispute, claim or controversy arising out of or relating to these Applications Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Applications Conditions to arbitrate, shall be determined by arbitration rather than in court, except that you may assert claims in small claims court if you claim qualify. The Federal Arbitration Act and federal arbitration law apply to these Applications Terms. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.