IMPORTANT – READ CAREFULLY. THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL
AGREEMENT BETWEEN YOU AND PIVOTAL HEALTH TECH LLC. AND/OR ITS AFFILIATES
(COLLECTIVELY, “PIVOTAL HEALTH TECH”) FOR THE PIVOTAL HEALTH TECH HEALTH
SERVICE AND ANY RELEVANT INFORMATION, FEATURES, FUNCTIONS, AND
ADDITIONAL APPLICATIONS OR SOFTWARE THEREOF (COLLECTIVELY, “PIVOTAL
HEALTH TECH HEALTH”, “PHT” OR “SERVICE”) PROVIDED BY PIVOTAL HEALTH TECH
OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TOS OR BY
INSTALLING OR OTHERWISE USING PIVOTAL HEALTH TECH APP, YOU AGREE TO BE
BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, THEN DO NOT INSTALL
OR USE PIVOTAL HEALTH TECH APP.
[PIVOTAL HEALTH TECH “PHT” IMPORTANT NOTICES]
THE PIVOTAL HEALTH TECH APP IS INTENDED FOR FITNESS AND WELLNESS
PURPOSES ONLY AND IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR
OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF
DISEASE. PIVOTAL HEALTH TECH APP IS NOT INTENDED FOR USE IN THE
DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR TREATMENT OF ANY
MEDICAL CONDITION, DISEASE, OR VITAL PHYSIOLOGICAL PROCESS, OR FOR THE
TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION. ANY INFORMATION
FOUND, ACQUIRED, OR ACCESSED THROUGH PIVOTAL HEALTH TECH IS MADE
AVAILABLE ONLY FOR YOUR CONVENIENCE AND SHOULD NOT BE TREATED AS
MEDICAL ADVICE. YOU SHOULD SEEK MEDICAL ADVICE FROM A DOCTOR BEFORE
STARTING A NEW FITNESS OR LIFESTYLE REGIMEN. YOU UNDERSTAND AND AGREE
THAT ANY INFORMATION YOU OBTAIN FROM PIVOTAL HEALTH TECH MAY NOT BE
SUITABLE, ACCURATE, COMPLETE, OR RELIABLE AND THAT PIVOTAL HEALTH TECH
WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS
ASSOCIATED WITH PIVOTAL HEALTH TECH, NOR FOR THE ACCURACY OR
RELIABILITY OF ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH
PIVOTAL HEALTH TECH APP. YOU ACKNOWLEDGE AND AGREE THAT PIVOTAL
HEALTH TECH IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT PIVOTAL
HEALTH TECH DOES NOT DETERMINE THE APPROPRIATE MEDICAL USE OF PIVOTAL
HEALTH TECH APP. PIVOTAL HEALTH TECH AND ITS LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE PROVIDERS’
DELIVERY OF THIRD-PARTY SERVICES, CONTENT, AND SERVICES.
You hereby acknowledge and agree that any Third-Party Services are being provided to you by
the Provider and not by Pivotal Health Tech. Pivotal Health Tech is not responsible for the
accuracy, reliability, timeliness, and completeness of information contained in any Third-Party
Services, or for the security or safety of using them.
Pivotal Health Tech is not practicing medicine or any healthcare profession through its offer of
such Third-Party Services. Your interactions with Providers are not intended to take the place of
your relationship with your regular healthcare providers. Pivotal Health Tech does not evaluate,
recommend, endorse, or check the credentials of any Third-Party Services. Pivotal Health Tech
does not protect, monitor, or otherwise have access to any information you share with Third-
Party Services.
The use of Third-Party Services will be subject to the terms and conditions provided by the
respective Provider. You will be presented with the Provider’s terms of use and/or other legal
agreements before using a Third-Party Service for the first time. You should read and
understand such a third party’s terms of use and/or other legal agreements before using the
Third-Party Services. If you do not agree with the Third-Party Service’s terms, you may not use
the Third-Party Service. If you agree, but change your mind later, you should stop using such
Third-Party Service.
1. Grant of License
Subject to the terms of these TOS, you are granted a limited, non-exclusive, and revocable
license to install, access, and use the SERVICE.
The services and features provided by the SERVICE or Update (defined below) thereto may
vary or be limited depending on certain factors, including, without limitation, your country,
device, operating system, or carrier.
If you are 13 or older but under the age of 18, you represent that you have reviewed these TOS
with your parent or legal guardian and that you and your parent or guardian understand and
consent to the terms and conditions of these TOS. If you are a parent or guardian permitting a
person under the age of 18 (“Minor”) to use the SERVICE, you agree to: (i) supervise the
Minor’s use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the
SERVICE; (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure
the accuracy and truthfulness of all information submitted by the Minor; and (v) assume
responsibility and be bound by this Agreement for the Minor’s access and use of the SERVICE.
2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the
SERVICE is proprietary to Pivotal Health Tech and its licensors and protected under applicable
copyright and other intellectual property laws and treaties. These TOS and your use of the
SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted
only a limited license to use that is revocable in accordance with the terms of these TOS. You
may not use the SERVICE to reproduce copyrighted materials, or materials to which you do not
have the right or legal approval for reproduction.
3. Restrictions
You may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the
source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE;
(iii) create derivative works based on the SERVICE, except to the extent that your local law
requires you to be able to do so; (iv) rent, lease, lend, sublicense, or provide commercial hosting
services with the SERVICE; (v) infringe our intellectual property rights or those of any third party
in relation to your use of the SERVICE (to the extent that such use is not licensed by this
Agreement); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any
commercial manner, for any commercial purpose, or in any manner inconsistent with these
TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code,
including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the
SERVICE in a way that could damage, disable, overburden, impair, or compromise our systems
or security or interfere with other users; and (viii) collect or harvest any information or data from
the SERVICE or our systems or attempt to decipher any transmissions to or from the servers
running the SERVICE.
Representations
By submitting or posting any audio, visual, images, comments, profiles, or other written or
graphic materials (“Content”) to the SERVICE, you make the legally binding representations set
forth below about yourself, how the Content was created, what it contains and certain other
information, and you understand and intend that Pivotal Health Tech rely on these
representations:
If you are the creator of the Content, the Content is your original work and you own it. If created
by or with others, you have, or else you have obtained the consent, authorization, and all of the
legal rights from all of the creators or persons or entities who have rights in the Content which
are necessary for you to submit it to Pivotal Health Tech and for Pivotal Health Tech to
distribute and exercise the other rights in this TOS respecting the Content.
You hereby grant Pivotal Health Tech the right to use, copy, modify, reproduce, or distribute any
and all of your Content. You also acknowledge and agree that Pivotal Health Tech may modify,
delete, or hide your Content without notice.
Listing, marketing, delivery, installation, uploading and use of your Content on the SERVICE
does not violate any agreements to which you are a party or of which you are otherwise aware.
If your Content includes any open source software, your Content complies with any
corresponding license obligations for such open source software, and will not cause any
software or technology used or comprising the SERVICE to be disclosed or otherwise become
part of the public domain.
4. Consent for Collection and Use of Data
You acknowledge and agree that Pivotal Health Tech and/or parties that are entrusted by
Pivotal Health Tech may collect and use information necessary to provide the SERVICE and
Updates, and improve or enhance the SERVICE. At all times your information will be treated in
accordance with Pivotal Health Tech’s Privacy Policy, which can be viewed at:
https://account.Pivotal Health Tech.com/membership/pp. Also, you can view the Pivotal Health
Tech Health Privacy Notice to learn more about the information collected through Pivotal Health
Tech Health at: https://Pivotal Health Techhealth.com/privacy.
5. Data Access
Some features of the SERVICE may require your mobile device to have access to the internet
and may be subject to restrictions imposed by your network or internet provider. The SERVICE
may require access through your mobile network, which may result in additional charges
depending on your payment plan. In addition, your enjoyment of some features of the SERVICE
may be affected by the suitability and performance of your device hardware or data access.
6. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using
the SERVICE including, without limitation, all applicable export restriction laws and regulations.
You represent and warrant that You are not located in a country that is subject to U.S.
Government embargo or that has been designated by the U.S. Government as a “terrorist
supporting” country and that You are not listed on any U.S. Government list of prohibited or
restricted parties.
7. Termination
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of
the SERVICE, and uninstalling, deleting, and returning all related software, documentation, and
other materials provided by Pivotal Health Tech, including backup copies thereof. Should you
not comply with these TOS, your rights based on the TOS will be automatically terminated
without notice from Pivotal Health Tech. Upon termination of these TOS, you must immediately
cease all use of the SERVICE. For the purposes of clarity, Pivotal Health Tech may terminate
these TOS and the SERVICE with notice to you (e.g. via a service website, application pop-up,
email, etc.).
8. Disclaimer of Warranty
PIVOTAL HEALTH TECH AND PIVOTAL HEALTH TECH HEALTH APP ARE PROVIDED “AS
IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL
CONDITIONS OF ANY KIND FROM PIVOTAL HEALTH TECH OR ITS THIRD-PARTY
LICENSORS OR SUPPLIERS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMITTED BY LAW, PIVOTAL HEALTH TECH DISCLAIMS ALL WARRANTIES
EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, ACCURACY, LACK OF VIRUSES,
QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER
VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PHT SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO
CREATE ANY WARRANTY OF ANY SORT FROM PHT.
WITHOUT LIMITING THE FOREGOING, PHT DOES NOT WARRANT THAT ACCESS TO
PHT HEALTH, OR ANY FEATURE OR FUNCTION THEREIN, WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PHT
MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, SAFETY, RELIABILITY,
CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY,
LEGALITY, OR SUITABILITY OF PHT HEALTH OR ANY OF THE INFORMATION
CONTAINED THEREIN.
9. Limitation of Liability
PHT, ITS LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INJURIES,
DAMAGES, OR LOSS (COLLECTIVELY, “DAMAGES”) OF ANY KIND ARISING OUT OF OR
RELATING TO YOUR USE, THE INABILITY TO USE, OR YOUR RELIANCE UPON THE
SERVICE, ITS CONTENT OR FUNCTIONALITY, INCLUDING, BUT NOT LIMITED TO,
DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FAILURE
TO CONNECT TO TELECOMMUNICATIONS INFRASTRUCTURE OR THE INTERNET,
NETWORK CHARGES, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA, AND ALL OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF PHT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, PHT’S TOTAL LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, THOSE
BASED ON BREACH OF CONTRACT, NEGLIGENCE, NEGLIGENT REFERRAL, STRICT
LIABILITY, MALPRACTICE, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE
SERVICE, OR ANY OTHER PROVISION OF THESE TOS, SHALL NOT EXCEED THE
AMOUNT YOU PAID PHT SPECIFICALLY FOR THIS SERVICE. THE FOREGOING
LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TOS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE.
10. INDEMNIFICATION
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS PHT, ITS
LICENSORS, SUPPLIERS, CONTRACTORS, EMPLOYEES, AND AGENTS FROM ANY
CLAIMS, LOSSES, DAMAGES, LIABILITIES (INCLUDING LEGAL FEES AND EXPENSES)
ARISING OUT OF YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE RIGHTS OF
ANY THIRD PARTY, OR ANY BREACH OF THESE TOS. YOU EXPRESSLY WAIVE THE
PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL
RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE PROVISIONS OF CLAUSES 8, 9,
AND 10 ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL
ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
11. Applicable Law
This TOS are governed by the laws of the jurisdiction where you are a resident, without regard
to its conflict of law provisions. This TOS shall not be governed by the UN Convention on
Contracts for the International Sale of Goods, the application of which is expressly excluded.
12. Dispute Resolution
If a dispute, controversy, or difference arising in any way from these TOS or your use of the
SERVICE is not amicably settled, it shall be subject to arbitration proceedings under the
arbitration rules of the International Chamber of Commerce in the place of the respondent.
Notwithstanding the foregoing, PHT may apply for injunctive remedies (or an equivalent type of
urgent legal relief) in any court of competent jurisdiction.
13. Intellectual Property Rights
End-User acknowledges that in any event of any third-party claim that the licensed Application
or the End-User’s possession and use of that licensed Application infringes on the third party’s
intellectual property rights, End-User and not Apple will be solely responsible for the
investigation, defense, settlement and discharge or any such intellectual property infringement
claims.
14. Entire Agreement
These TOS are the entire agreement between you and PHT relating to the SERVICE and
supersede all prior or contemporaneous oral or written communications, proposals, and
representations with respect to the SERVICE or any other subject matter covered by these
TOS. If any provision of these TOS is held to be void, invalid, unenforceable, or illegal, the other
provisions shall continue in full force and effect.