Terms of Service

Effective date: Sep 1, 2020

Terms of Service

Healthmaxx Terms of Service

1. Agreement to Terms

By downloading, installing, or using the Healthmaxx mobile application, website, or any related services (collectively, “Service”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”).  If you do not accept all Terms, do not access or use the Service.

2. Who May Use the Service

You must be at least 16 years old (or the age of digital consent in your jurisdiction, whichever is higher) and legally capable of forming a binding contract.  If you use the Service on behalf of an organization, you represent that you have authority to bind that entity.

3. Account Registration & Security

  • Provide accurate, complete information and keep it current.
  • Maintain the confidentiality of your login credentials.
  • You are responsible for all activity that occurs under your account.
  • Notify us immediately of any unauthorized use or security breach.

4. No Medical Advice

Healthmaxx provides information management tools only and does not offer medical diagnosis, treatment, or advice.  Always seek the advice of a qualified healthcare professional with questions regarding a medical condition.  In an emergency, call your local emergency number.

5. User Content & Data

  • “User Content” includes health records, messages, files, and any data you upload.
  • You retain all rights to your User Content.  By submitting it to the Service, you grant Healthmaxx a worldwide, non‑exclusive license to host, store, and process it solely for operating and improving the Service.
  • You represent that you have all necessary rights to upload and share User Content and that it does not violate any law or third‑party rights.

6. Acceptable Use

You agree not to:

  1. Violate any applicable law or regulation;
  2. Upload unlawful, harmful, or infringing content;
  3. Reverse‑engineer or attempt to access source code;
  4. Interfere with or disrupt the Service or its security;
  5. Use automated scripts to collect information without our prior written consent.

7. Subscriptions, Fees & Cancellation

  • Some features require a paid subscription (“Premium”).  Prices, billing periods, and renewal terms are disclosed in‑app or on our website.
  • Subscriptions renew automatically unless cancelled before the current term ends.
  • You may cancel anytime via your App Store account settings; cancellations take effect at the next billing cycle.  We do not provide prorated refunds except where required by law.

8. Intellectual Property

The Service, including all software, text, graphics, and trademarks (other than User Content) is owned by Healthmaxx or its licensors and protected by intellectual‑property laws.  We grant you a limited, non‑transferable, revocable license to use the Service for personal, non‑commercial purposes in accordance with these Terms.

9. Third‑Party Services & Links

Healthmaxx may integrate with or link to third‑party services (e.g., Apple HealthKit, Google Fit).  Your use of those services is governed by their terms, and we are not responsible for third‑party practices or content.

10. Termination

We may suspend or terminate your access without notice if you violate these Terms or pose security or legal risks.  You may delete your account at any time within the app.  Sections 4, 8, 11 – 14 survive termination.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEALTHMAXX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON‑INFRINGEMENT.  WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHMAXX, ITS OFFICERS, EMPLOYEES, OR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.  OUR TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD WILL NOT EXCEED THE GREATER OF (a) AMOUNTS YOU PAID US DURING THAT PERIOD OR (b) USD $100.

13. Indemnification

You agree to indemnify and hold harmless Healthmaxx and its affiliates from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

14. Governing Law & Dispute Resolution

  • Governing Law: These Terms are governed by the laws of the State of California, USA, without regard to conflict‑of‑law principles.
  • Arbitration: Any dispute will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.  You and Healthmaxx waive the right to a jury trial and to participate in class actions.
  • Opt‑Out: You may opt out of arbitration by emailing legal@healthmaxx.com within 30 days of first accepting these Terms.

15. Changes to Terms

We may update these Terms from time to time.  Material changes take effect 30 days after we provide notice via email, in‑app message, or other reasonable means.  Continued use after the effective date constitutes acceptance.

16. Export Compliance

You agree to comply with U.S. export laws and regulations and not use or export the Service where prohibited.

17. Severability

If any provision is held unenforceable, the remaining Terms will remain in effect.

18. Entire Agreement

These Terms, together with the Privacy Policy and any supplemental guidelines, constitute the entire agreement between you and Healthmaxx regarding the Service, superseding any prior agreements.

19. Contact Us

Questions?  Email legal@healthmaxx.com or write to:
Healthmaxx Legal, 123 Market Street, Suite 400, San Francisco, CA 94103, USA

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