Last Updated: November 4, 2024
This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “you”) and Clyvera Corp. (“Clyvera,” “we,” “us,” or “our”) regarding your use of the Clyvera mobile application (the “App”) available on iOS and Android platforms.
1. Acceptance of Terms
By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the App. This App is intended for use by individuals at least 18 years old. By using the App, you represent and warrant that you are at least 18 years old.
2. License Grant
Subject to your compliance with this Agreement, Clyvera grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes on a device you own or control.
3. Restrictions on Use
You agree not to:
Copy, modify, or create derivative works of the App
Distribute, transfer, sublicense, lease, lend, or rent the App to any third party
Reverse engineer, decompile, or disassemble the App, except as permitted by applicable law
Remove, alter, or obscure any proprietary notices on the App
Use the App for any illegal or unauthorized purpose
Use the App if you are under 18 years of age
4. Ownership and Intellectual Property
The App, including all content, features, and functionality, is the exclusive property of Clyvera and its licensors. All rights not expressly granted to you in this Agreement are reserved by Clyvera.
5. Privacy and Data Security
Your App use is also governed by our Privacy Policy, which can be found at [Privacy Policy Link]. By using the App, you consent to collecting and using your information as outlined in the Privacy Policy.
User Rights: As a user, you have the right to access, correct, delete, and restrict the processing of your data. You also have the right to data portability and object to processing your data. For more details on how to exercise these rights, please refer to our Privacy Policy.
6. Use of AI Technology and Limitations
The App uses advanced generative AI technology to assist users in identifying potential conditions based on their symptoms and health history. While the AI strives to provide accurate and helpful information, it is subject to certain limitations:
Non-Diagnostic: The AI does not provide medical diagnoses or treatment plans. It offers suggestions based on available data and may only be used for informational purposes only.
Data Dependency: The AI’s accuracy depends on the quality and completeness of your input data. Incomplete or inaccurate information may lead to incorrect or misleading results.
Lack of Contextual Understanding: Generative AI cannot fully understand personal context and nuances that a healthcare professional would consider in an evaluation.
Evolving Technology: AI technology continually evolves and may not always reflect the latest medical guidelines or research.
User Responsibility: Users are responsible for seeking professional medical advice and should not rely solely on the information provided by the App for health decisions.
Data Processing: The AI processes data that is de-identified to ensure user privacy and does not retain any personal data.
7. Disclaimer of Medical Advice
The App is intended for informational purposes only. The information provided by the App is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on the App.
8. Emergency and Life-Threatening Conditions
The App is not intended for use in diagnosing, treating, or managing emergencies or life-threatening conditions. If you believe you are experiencing a medical emergency or life-threatening condition, you should immediately call emergency services or go to the nearest emergency room.
9. Third-Party Content and Services
The App may contain links to third-party websites, applications, or services (“Third-Party Services”) not owned or controlled by Clyvera. Clyvera has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third-Party Services. By using the App, you expressly relieve Clyvera from any and all liability arising from using any Third-Party Services. We encourage you to read the terms and conditions and privacy policy of any Third-Party Services you visit.
GDPR Compliance: Any third-party service providers with access to personal data must comply with GDPR standards, ensuring your data is protected in accordance with applicable laws.
10. Disclaimer of Warranties
The App is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Clyvera does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Clyvera be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
Your use or inability to use the App
Any unauthorized access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the App
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third-party
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App
12. Indemnification
You agree to indemnify, defend, and hold harmless Clyvera, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the App.
13. Termination
Clyvera may terminate this Agreement at any time without notice if you breach any terms of this Agreement. Upon termination, you must cease all use of the App and delete all copies of the App from your device.
14. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, and applicable federal laws of the United States. Any disputes arising out of or relating to this Agreement shall be resolved in accordance with the Arbitration Agreement outlined in Section 16. If a Dispute is found not to be subject to arbitration, it will be brought exclusively in California's federal or state courts.
15. Arbitration Agreement
By agreeing to this Agreement, you agree that you are required to resolve any claim you may have against Clyvera on an individual basis in arbitration, as outlined in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Clyvera, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Clyvera by someone else.
a. Agreement to Arbitrate
Except as otherwise expressly outlined in this Arbitration Agreement, you and Clyvera agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the App (collectively, "Disputes") will be settled by binding arbitration between you and Clyvera, and not in a court of law.
b. Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules and any supplementary rules as may be applicable. The arbitration shall be governed by the Federal Arbitration Act and applicable California law concerning arbitration.
c. Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in California and will be selected by the parties from the AAA’s roster of arbitrators.
d. Arbitration Location and Procedure
Unless you and Clyvera otherwise agree, the arbitration will be conducted in California. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and Clyvera submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary.
e. Class Action Waiver
YOU AND Clyvera AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT IS PERSONAL TO YOU AND Clyvera AND THAT ANY SUCH DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
f. Exceptions to Arbitration
Notwithstanding the foregoing, you and Clyvera both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, or (ii) pursue injunctive relief or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
g. Severability
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from this Agreement, (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement, and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration.
16. Changes to This Agreement
We may update this Agreement from time to time. We will notify you of any changes by posting the new Agreement on this page. You are advised to review this Agreement periodically for any changes. Your continued use of the App after posting changes constitutes your acceptance of such changes.
17. Contact Us
If you have any questions about this Agreement, please contact us at:
Email: policy@clyvera.ai
Thank you for choosing Clyvera.
