Terms of Service

Last modified: June 26, 2020

Introduction

PLEASE READ THESE TERMS OF SERVICE ("TOS") CAREFULLY BEFORE USING THE PRIVOLA SERVICE (“SERVICE”). THE TOS IS A CONTRACT BETWEEN YOU AND PRIVOLA LLC, THE DEVELOPER AND OPERATOR OF THE SERVICE. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TOS ON BEHALF OF YOURSELF PERSONALLY AND, IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU ARE AGREEING ON BEHALF OF THAT ORGANIZATION (INCLUDED THEN IN REFERENCES TO “YOU”) AND REPRESENT AND WARRANT YOU HAVE AUTHORITY TO BIND IT TO THIS TOS. IF YOU DO NOT AGREE TO THE TOS, OR YOU DO NOT HAVE AUTHORITY TO AGREE TO IT, OR YOU ARE UNDER 18 YEARS OF AGE, DO NOT INSTALL THE APP OR USE THE SERVICE.

IMPORTANT: IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911 OR EMERGENCY SERVICES. The Service is not designed or intended for use in the diagnosis or treatment of diseases or other conditions, and the information provided by the Service does not constitute medical advice. Please consult your healthcare provider prior to making any decisions related to your health. The Service is only for use in the United States. The Service should never be relied on as a substitute for following the disease prevention directives and guidance from your healthcare provider as well as federal, state, and local authorities. The Service ALONE CANNOT protect you from exposure to any possible threats at a business, sometimes fatal, illness that can by carried by contagious individuals who show no symptoms. YOU ARE RESPONSIBLE FOR YOUR OWN PROTECTION THROUGH USE OF SOCIAL DISTANCING, PROPER HAND HYGIENE, WEARING EFFECTIVE MASKS OR FACE COVERINGS, AND FOLLOWING ALL RECOMMENDED PRECAUTIONS SPECIFIED BY YOUR HEALTHCARE PROVIDER AS WELL AS FEDERAL, STATE, AND LOCAL GOVERNMENTS.

1. General

1.1. The Service, including software, documentation, interfaces, content, and any information and data generated or provided by the Service is licensed, not sold, to you by Privola LLC (“Privola”) for use only under the terms of this TOS. Privola and its suppliers and licensors retain ownership of the Service itself and reserve all rights not expressly granted to you in this TOS.

1.2. Privola, at its discretion, may make available future upgrades or updates to the Service for supported devices and operating systems. The terms of this TOS will govern any Service upgrades or updates provided by Privola, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.

1.3. Privola reserves the right to update and modify the terms and conditions of this TOS by providing you with notice by email or an alert in the Service that the TOS has been updated. Your continued use of the Service following such notice constitutes your acceptance of the terms in the updated TOS.

2. Permitted Uses and Restrictions

2.1. License. Subject to the terms and conditions of this TOS, you are granted a limited, non-transferable, non-exclusive license to install and use the Service on a compatible device that you own or control during the term of this TOS for your personal use, or in the case of a business or other organization, your internal business purposes (which may include use with your in-person customers who are separately licensed users of the Service). You may not distribute or make the Service available to third parties over a network. You may not rent, lease, lend, sell, redistribute or sublicense the Service or any portion of it.

2.2. System Requirements; Other Limitations. The Service is supported only on devices and operating systems that meets specified system requirements as indicated by Privola. The Service is intended for use only in the United States. No use outside of the United States is authorized by this TOS.

2.3. Content. Except as otherwise expressly provided in this TOS, (i) this TOS does not grant you any other rights to use information, data, or content (collectively “Content”) from the Service, nor does it guarantee that the Service will continue to be available to you, and (ii) you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any information, data, photographs, images, graphics, artwork, logos, or similar assets contained within, or provided as a part of, the Service, or otherwise use such materials outside the context of its licensed and intended use as part of the Service.

2.4. No Reverse Engineering. You may not, and you agree not to ask or enable others to, decompile, reverse engineer, disassemble, attempt to derive data or source code of, decrypt, modify, or create derivative works of the Service, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the Service).

2.5. Compliance with Laws. You agree to use the Service in compliance with all applicable laws, including local laws of the jurisdiction in which you reside or in which you download or use the Service.

2.6. You agree not to exploit the Service by using it to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and you agree that Privola is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive from third parties as a result of using any of the Services.

2.7. Automatic Updates. If you choose to allow automatic app updates, your device will periodically check with Privola for updates and upgrades to the Service and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within your device’s “Settings” menu. Failure to install updates may impair or compromise the security of your data and the functionality of the Service.

3. Use of Data

3.1 Use of Data. Privola will collect certain limited information that you provide, or that you authorize others to provide, in order to operate the Service and perform the intended functions. What information, how it is collected, and your rights with respect to your personal information are detailed in the Privola Privacy Policy posted with this TOS. Your agreement to this TOS constitutes your consent to the Privacy Policy terms. Unless you provide your affirmative consent or instruction within the Service, no other personal information will be collected or used by Privola and your personal information will not be shared outside Privola. In addition, by agreeing to this TOS, you consent to Privola’s unrestricted use and retention of information that has been aggregated or anonymized even after this TOS expires or is terminated; aggregated or anonymized data will not include any data that may personally identify you and will not be tied to your Privola ID, so the data cannot be traced back to you in any manner.

4. Services and Third-Party Materials

4.1. The Service may display, include, or make available content, data (including, for example, medical test results and dates of testing), information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Service, you acknowledge and agree that Privola is not responsible for examining or evaluating the accuracy, completeness, timeliness, validity, compliance, legality, quality or any other aspect of such Third-Party Materials or web sites. Privola, its officers and affiliates do not warrant or endorse, and do not assume and will not have any liability or responsibility to you or any other person for, any Third Party Materials or web sites, or for any other materials, products, or services of third parties.

4.2. In using this Service, you will be asked to provide information, and you must provide accurate information. To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any restrictions applicable to the Services.

4.3. Privola shall implement appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of data processed by the Service and the rights of individuals. This includes our responsibility for service providers we retain to help us securely process your data and provide the Service, such as hosting providers. Privola cannot be responsible for, and you agree we are not liable for, disclosures you yourself make or authorize, the actions of third parties you authorize to provide data to us for use in the Service such as your medical test results and dates, or for the willful misconduct of third parties.

4.4. Privola and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Privola be liable for the removal of or disabling of access to any such Services. Privola may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

5.Termination

5.1 Termination. The term of this TOS shall commence upon the earlier of your installation or use of the Service. Your rights under this TOS will terminate upon notice from Privola, and also will terminate automatically without notice from Privola if you fail to comply with any term(s) of this TOS. Upon any termination of this TOS, you shall cease all use of the Service and destroy all copies, full or partial, of the Service. Sections 2C, 2D, 2F, and 3 through 11 of this TOS shall survive any such termination.

6. Disclaimer of Warranties

6.1. If you are a customer who is a consumer (someone who uses the Service outside of your trade, business or profession), you may have legal rights in your jurisdiction of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization or your state’s Attorney General office.

6.2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE (INCLUDING ANY CONTENT OR GUIDANCE PROVIDED BY THE SERVICE) AND ANY THIRD-PARTY MATERIALS THAT YOU ACCESSED OR PATRONIZED THROUGH USE OF THE SERVICES IS AT YOUR SOLE RISK.

6.3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Privola AND ITS SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO AS "Privola" FOR THE PURPOSES OF SECTIONS 6 AND 7 OF THIS TOS) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

6.4. Privola DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.

6.5. CAUTION – YOU FURTHER ACKNOWLEDGE THAT THE SERVICE SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE OR COMPLIANCE WITH THE DISEASE PREVENTION DIRECTIVES AND GUIDANCE FROM FEDERAL, STATE, AND LOCAL AUTHORITIES. THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE RECOMMENDATIONS, COULD LEAD TO INJURY, ILLNESS, OR DEATH.

7. Limitation of Liability

7.1 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL Privola BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF WAGES OR PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF Privola HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Privola’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Export Control

8.1 Export Control. You may not use or otherwise export or re-export the Service outside of the United States. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the Service, you represent and warrant that you are not located in any outside of the United States and you are not on a restricted party list described above.

9. Controlling law and Severability

9.1 Controlling Law and Severability. This TOS will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this TOS shall continue in full force and effect.

10. Complete Agreement

10.1 Complete Agreement; Governing Language. This TOS constitutes the entire agreement between you and Privola relating to the Service, and supersedes all prior or contemporaneous understandings regarding such subject matter.