Terms of service
Last updated: 06/14/2023
These Terms of Service are a contract between you (“you,” “your,” or “user”) and Siphox, Inc. ("Company," “Siphox,” “we,” or “us”) and govern your access to and use of the Siphox mobile application (“App”), the Siphox website located at getquantify.io and all other Siphox (or Quantify-) branded websites (each, a "Website"), and other software applications and online services provided by
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
As used in these Terms the terms “you,” “your,” “yourself,” and “User” shall refer to the person accessing Company’s Website.
MEDICAL AND PERSONAL INFORMATION COLLECTION AND USE AUTHORIZATION: PLEASE REVIEW SECTION 17 REGARDING SIPHOX’S AUTHORIZATION TO COLLECT, USE, AND DISCLOSE YOUR MEDICAL AND PERSONAL INFORMATION. IF YOU DO NOT AGREE TO THIS AUTHORIZATION, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES OR DOWNLOAD THE APP.
Siphox is not a healthcare provider, nor do we provide medical or healthcare advice OR SERVICES. WE MAY PROVIDE information related to certain medical conditions on the website or through SERVICES OR, WHEN AVAILABLE, the community forum (DEFINED BELOW). The content on the website, including the app, and the Services you may receive are for solely informational purposes only. No material on the website, including the app, is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of A qualified healthcare provider with any questions you may have regarding a medical condition or treatment FOR YOURSELF.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT SIPHOX’S THEN-CURRENT FEES FOR THE APPLICABLE SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.3 BELOW.
PLEASE BE AWARE THAT SECTION 15 OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms are effective (“Effective Date”) on the date you first access or use the Services and/or the Website, whichever is earlier. These Terms is effective unless otherwise terminated by Company or user. In such event, these Terms will continue to apply and be binding upon the user with regard to user’s prior use if the Services and any rights or licenses granted to the Company under these Terms will survive the termination of these Terms.
1.1 Siphox Services
(a) Siphox provides the following Services: (i) allows users to purchase test kits (“Test Kits”) from the Website, for themselves or for others; (ii) (1) register Test Kits, whether purchased by or given to you as a gift, through the Website or Services; and (2) allows users to view and track certain User Data (defined below) obtained from the registered Test Kits; (iii) allows users to purchase off-the-shelf wearable devices, which can be connected to the Website and Services, allowing users to view and track certain User Data (defined below); and (iv) allow users to participate in webinars with other users, which may occur on a weekly basis or periodically; and (v) when available, facilitate communication on the forum available for Users (“Community Forum”) to access on the Website. The Company refers to the foregoing services herein collectively as “Services.” Any recommendations regarding medical information or products, such as supplements or devices, are provided for information purposes only. It is important to note that the Services provided by the Siphox are not medical advice, and
1.2 Eligibility. You must be at least 18 years old or at least of legal age to form a binding contract to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age to form a binding contract with Siphox; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations. If your ability to access the Services is discontinued by Siphox due to your violation of any portion of the Terms, you may not access or use the Services, and you agree that you will not attempt to access the Services through use of a different member name or otherwise. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
All Users must also accept and comply with the terms and conditions of the which are incorporated by reference into these Terms.
(c) Account Access. Your Account will allow you to access the applicable features on the Website and the Services that we may establish and maintain from time to time and in our sole discretion. Certain Services that require a fee may be only accessed through the Subscription described in Section 5.3. We may implement different types of Accounts for different types of Users. You may control your User profile and how you interact with the Services by accessing the functionality that may be made available on your “Account Settings” page. When creating your Account, you must provide accurate and complete information and you agree to maintain and promptly update such information as necessary to keep it true, accurate, current, and complete. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You are not allowed to provide a third-party access to your Account. You must notify Siphox immediately of any breach of security or unauthorized use of your Account. Siphox will not be liable for any losses caused by any unauthorized use of your Account. You may never use another User’s Account without permission. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Siphox.
1.4 Service Rules. You agree not to engage in any of the following prohibited activities while accessing or using the Services: (a) licensing, sublicensing, selling, leasing, transferring, assigning, copying, distributing, disclosing or otherwise commercially exploiting any part of the Services in any medium, including, without limitation, by providing the Services on a timesharing or service bureau basis or using any automated or non-automated “scraping” to gather information or content from the Services; (b) framing or utilizing framing techniques to enclose any Siphox Marks (defined below) or the Services (including images, text, page layout or form) of Siphox except as expressly permitted by Siphox or the function of the Services; (c) taking any action that imposes, or may impose, at our sole discretion an unreasonable or disproportionately large load on our infrastructure, including using any automated system, such as “robots,” “spiders,” “offline readers,” etc. to access the Services in a manner that sends more request messages to Siphox’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Siphox grants the operators of public search engines revocable permission to use spiders to copy materials from for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (d) modifying, translating, adapting, merging, making derivative works of, disassembling, decompiling, decoding, reverse compiling, reverse engineering, or “lookup table ripping” (or similar) any part of the Services (including without limitation, any action by you to access information regarding the underlying structure or technical implementation of the Services through automated means) except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) transmitting spam, chain letters, or other unsolicited email; (f) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (g) impersonating or violating the rights of any third party or taking any fraudulent actions; (h) uploading invalid data, viruses, worms, or other software agents through the Services; (i) collecting or harvesting any personally identifiable information, including account names, from the Services; (j) using the Services for any commercial solicitation purposes; (k) using the Services for the purpose of making any products or services that are competitive with the Services; (l) interfering with the proper working of the Services; (m) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (n) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
1.5 Changes to the Services. We may, without prior notice, change, or stop providing the Services or any portion thereof; or create usage limits for the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination of any portion of the Services for any reason or no reason, you continue to be bound by these Terms until it is terminated. Siphox expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels, in our sole discretion.
- USER CONTENT
2.1 Generally. Parts of the Website, including during the registration process, allow Users to create and post, publish, submit, upload, transmit, or otherwise make available on the Website or through the Services (“Make Available”) content such as pictures or information, documents, photos, images, videos, information, works of authorship, responses to surveys, and other content or information, such as conversations and statements made during any webinar provided by the Service (any such materials that a User does Make Available is referred to as “User Content”). User Content does not include User Data that Siphox may obtain from the Products or other wearable devices you connect to the Services. You retain ownership of your User Content. You may not post or submit a photograph or image of another person without that person’s permission or legal authorization. You should not Make Available to other Users on the Website any medical, financial, or personal information about another person. User Aggregate Data is aggregate and/or deidentified User Data created by Siphox.
2.2 License Grant to Siphox.
(a) You hereby grant Siphox a fully-paid, royalty-free, perpetual, irrevocable, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all: (i) User Data, and (ii) User Content that you Make Available, including your or any third-party name, voice, and/or likeness as contained in your User Content; in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in connection with the Services and Siphox’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Siphox may exercise the rights to your User Data or User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
2.3 Deleting Your User Content. If the features of the Services allow you to remove or delete User Content from the Services, the licenses granted by you in your User Content hereunder terminate within a commercially reasonable time after you remove or delete such User Content from the Services. Notwithstanding the foregoing, you understand and agree that Siphox may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by Siphox for display on used on Siphox’s social channels, or included in printed content, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely.
2.5 Representations and Warranties. If you Make Available any User Content, you promise, represent, and warrant that you have all necessary rights, consents, waivers, and authorizations to grant the rights and licenses in your User Content granted under these Terms and for your User Content to be used in accordance with these Terms and the functionality of the Services without causing a violation of the rights of others, including, without limitation, all necessary rights, consents, waivers, and authorizations under: (a) any performance, mechanical, and sound recording rights in musical compositions and sound recordings included in your User Content; (b) any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your User Content; and (c) any moral, droit moral, or authors rights to works of authorship included in your User Content.
2.6 No Responsibility. Siphox takes no responsibility and assumes no liability for any User Content that you or any other User or third party may Make Available. Siphox is not obligated to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You will be solely responsible for your User Content and the consequences arising therefrom. You agree that we are only providing a platform for you to Make Available your User Content. Siphox reserves the right but is not obligated to reject and/or remove any User Content that Siphox believes, in its sole discretion, violates these Terms or is otherwise inappropriate for the Services.
2.8 No Obligation to Pre-Screen Content. You acknowledge that Siphox has no obligation to pre-screen User Content, including, but not limited to, your User Content, but Siphox reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. In the event that Siphox pre-screens, refuses, or removes any User Content, you acknowledge that Siphox does so for Siphox’s benefit, not yours. Without limiting the foregoing, Siphox shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
2.9 Investigations. Without limiting anything to the contrary herein, Siphox shall have the right, but not obligation, in its sole discretion, to investigate potential violations of any provision of these Terms and remove any of your User Content for any reason (or no reason), including if such User Content violates these Terms or any applicable law.
- YOUR RIGHTS WITH RESPECT TO THE SERVICES
3.1 Siphox Services. Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website and Services for your personal or internal use only as permitted by the features of the Services.
3.2 Mobile App. Subject to the terms and conditions of this Agreement, Siphox hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App on mobile devices owned, leased, or controlled solely by you, for your personal or internal use. To use the App, you must have a mobile device that is compatible with the App. You acknowledge that Siphox may from time-to-time issue or require you to upgrade to an upgraded versions of the App. You agree that the terms and conditions of this Agreement will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and Siphox or its third-party partners or suppliers retain all right, title, and interest in the App (and all copies thereof).
- SIPHOX’S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
4.1 In General.
(a) You acknowledge that, except for your User Content, the Company owns all right, title, and interest in and to the Website and the Services, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws (“Siphox Property”). You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Website. Such rights derive from any of Company’s copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Website. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Siphox Property. Use of Siphox Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
(b) Siphox shall own all right, title, and interest in and to User Aggregate Data.
4.2 Trademarks. You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner Company’s name(s), logos, trademarks, product names, and/or service names (“Siphox Marks”). All trademarks not the property of the Company which may appear on the Website are the property of their respective owners. The use of any such trademarks by Company is not meant to constitute affiliation, endorsement, or approval by such company with or for Company or the Website as a whole.
4.3 Copyright and Limited License.
(a) Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Company logo and all designs, Company’s trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
(b) You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Website or Site Materials; (ii) the collection and use of any product and/or service listings, pictures, or descriptions; (iii) the distribution, public performance, or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (v) use of any data mining, robots, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (vii) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
4.4 Submission of Ideas; Feedback. You may choose to, or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about Siphox, the Services, or Siphox’s other products or services, including without limitation about how to improve the Services or our other products or businesses (“Ideas”). You hereby grant to Siphox a world-wide, royalty free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any Ideas in any manner that we see fit.
5.1 Fees. Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time limited basis (each a “Subscription”). Note that you may also purchase certain products or services for a one-time fee. You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Our current pricing and payment terms can be found here. Siphox may add new products and services for additional fees and charges or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
5.3 Subscription. The fee for a Subscription will be billed by Siphox at the start of your Subscription and at regular intervals in accordance with your elections at the time of purchase. The timing of billing may change at any time. Your Subscription will continue to automatically renew indefinitely, including if you stop using or accessing the Website, Services, or App, until your Subscription is canceled in accordance with the Agreement. After your initial Subscription period, and again after any subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period at Siphox’s then-current price for such Subscription. You agree that your Account will be subject to this automatic renewal feature (even if you otherwise terminate your Account, or stop using or accessing the Website, Services, or App) unless you cancel your Subscription anytime prior to the Renewal Commencement Date, by logging into and going to the “Manage Membership” page. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, please contact Siphox at firstname.lastname@example.org or log in and go to the “Manage Membership” page on your “Account Settings” page. If you cancel your Subscription, you may use your Subscription until the end of your then-current subscription term; your Subscription will not be renewed after your then-current terms expires. By subscribing, you authorize Siphox to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Siphox does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand, and/or (b) you agree that Siphox may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for the purposes of automatic renewal, your new Subscription commitment period will begin as of the day payment was received).
- Your receipt of an electronic or other form of order confirmation after you purpose a Product from the Website, does not signify Siphox’s acceptance of your order, nor does it constitute confirmation of our offer to sell. Siphox reserves the right at any time after receipt of your order to accept or decline without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Siphox upon our delivery of the Products that you have ordered. All sales of the Products are subject to Siphox’s then-current return polices, as posted here. Siphox has no obligation to provide refunds or credits, but may grant refunds or credits (i) in the event that you cancel your Subscription and/or purchase prior to us shipping any items, or (ii) in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Siphox, in each case in Siphox’s sole discretion. In the event that you order Products, but do not receive them, we may in our sole discretion, resend the Products to you. All warranties for any wearable device resold from a third-party manufacture, are subject to the applicable manufacturer warranty, and Siphox does not provide any warranties for such wearable devices. “Product” means any device (from a third-party manufacturer), such as wearable, or Test Kits, provided directly from Siphox. All sales of Products are made Ex Works (incoterms 2010) Siphox’s designated point of shipment, and title and risk of loss to each shipment of products shall pass to you when Siphox makes such shipment available to the carrier.
5.6 Taxes. The payments required under Section 5.1 of this Agreement do not include any Sales Tax (defined below) that may be due in connection with the Services provided under this Agreement. If Siphox determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, Siphox shall collect such Sales Tax in addition to the payments required under Section 5.1 of this Agreement. If any Services, or payments for any Services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Siphox, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Siphox for any liability or expense Siphox may incur in connection with such Sales Taxes. Upon Siphox’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- THIRD-PARTY CONTENT.
6.2 Third- Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
You agree to defend, indemnify, and hold harmless Siphox and its subsidiaries, agents, licensors, managers, and other affiliated companies and their employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Products and Services, including any data or content, including User Content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (c) any damage or harm or any violation of any third-party right, including any right of publicity of privacy or intellectual property right caused by you or your User Content; (d) your violation of any applicable law, rule or regulation; (e) any dispute between you and another party regarding ownership of or access to data or personal information submitted to the Siphox via its Website; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
- DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PRODUCTS, WEBSITE, AND SERVICES PROVIDED BY SIPHOX ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS, WEBSITE, AND SERVICES SIPHOX PROVIDES IS STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIPHOX DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS, WEBSITE, AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIPHOX OR THROUGH THE WEBSITE OR PROVIDED BY THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SIPHOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT ANY SIPHOX PROPERTY, RESULTS FROM THE SERVICES, OR USER CONTENT IS ACCURATE, RELIABLE, OR CORRECT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, SIPHOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SIPHOX PROPERTY, RESULTS FROM THE SERVICES, USER CONTENT, OR ANY CONTENT MADE AVAILABLE ON THIS WEBSITE OR THROUGH THE SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, (B) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH COMPANY WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) COMPANY OR THE SERVER(S) THAT MAKE OUR WEBSITE OR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- LIMITATION OF LIABLITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, COMPANY, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR ANY CONTENT, MATERIALS, PRODUCTS, OR OTHER INFORMATION OBTAINED FROM OR THROUGH COMPANY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF COMPANY OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIPHOX ENTITIES’ AGGREGATE LIABILITY EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).
We may send you emails concerning our products and services, as well as those of third parties.
- Prohibited Conduct.
BY USING THE SERVICE, YOU AGREE NOT TO:
11.1 use the Services for any illegal purpose (such as selling illegal products or services or infringing intellectual property, including copyrights, trademarks, and patents) or in violation of any local, state, national, or international law;
11.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;
11.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.4 access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, CPU-intensive APIs, and data mining tools) other than the software or search agents provided by Siphox;
11.5 interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law; or (iii) creating or disseminating malware (viruses, worms, trojans, etc.);
11.6 interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; (iv) botting and spamming; (v) load testing; (vi) cryptocurrency mining; or (v) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
11.7 use the Services for (i) proxies and VPNs; (ii) gambling apps; (iii) creating or disseminating malware (viruses, worms, trojans, etc.); (iv) adult content and services; (v) multi-level marketing; or (vi) fabricated social media activity;
11.8 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services of another user without permission;
11.9 sell or otherwise transfer the access granted under these Terms or any Siphox Property or any right or ability to view, access, or use any Siphox Property; or
11.10 Attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
- Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should email email@example.com requesting to remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
- Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Services and these Terms automatically terminate. In addition, Siphox may, at its sole discretion, terminate these Terms or your access to the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your access to the Services and these Terms at any time by contacting customer service at firstname.lastname@example.org
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Services; (b) you will no longer be authorized to access the Services; and (c) Sections 4.1, 4.2, 4.3(a), 4.4, 7, 8, 9, 11, 13.3, 15, and 16 will survive. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your access to the Services, you may lose access rights to any User Content you Posted to the Services. If your access to the Services have been terminated for a breach of these Terms, then you are prohibited from accessing the Services through using a different name, email address or other forms of user verification.
13.4 Modification of the Services. Siphox reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Siphox will have no liability for any change to the Services, or any suspension or termination of your access to or use of the Services. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services are modified in such a way that you lose access to User Content you Posted to the Services.
- Copyright and DMCA Notice.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Siphox may deny access to the Services to any user who is alleged to infringe another party’s copyright.
- Dispute Resolution and Arbitration
15.1 Generally. Except as described in Section 15.2 and 15.3, you and Siphox agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SIPHOX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to Siphox, Inc., Attention: that specifies: your full legal name, the email address associated with your access to the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Siphox receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 16.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
15.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Siphox.
15.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Siphox’s address for Notice is: Siphox Health, Inc., 450 E Sagebrush Drive, Unit N11, Jackson, WY 83001. The Notice of Arbitration must: (a) identify the name or email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Siphox may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Siphox will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
15.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence]. During the arbitration, the amount of any settlement offer made by you, or Siphox must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
15.7 Arbitration Relief. Except as provided in Section 15.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Siphox before an arbitrator was selected, Siphox will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US $10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
15.8 No Class Actions. YOU AND SIPHOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Siphox agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.9 Modifications to this Arbitration Provision. If Siphox makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Siphox’s address for Notice of Arbitration, in which case your access to the Services with Siphox will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.10 Enforceability. If Section 15.8 or the entirety of this Section 15 is found to be unenforceable, or if Siphox receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.2 will govern any action arising out of or related to these Terms.
16.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Siphox submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms.
16.3 Force Majeure. In addition to any excuse provided by applicable law, Company and its Providers shall be excused from liability for inability or delay or delay in using the Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
16.4 Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into and made a part of, these Terms.
16.6 Contact Information. The Services is offered by Siphox, Inc. You may contact us by emailing us at email@example.com
16.7 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.
16.8 No Support. We are under no obligation to provide support for the Services. In instances where we may offer support, the support will be subject to published policies.
16.9 International Use. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.
I hereby authorize Siphox, Inc. to use and/or disclose the medical and personal information about me ("MPI") as described below. I understand that my MPI will be anonymized and/or aggregated in most cases. The MPI that may be used and/or disclosed is: all MPI, including but not limited to tests ordered, lab results, dates of ordered and results tests, etc.
- SiPhox may disclose or share MPI with the following entities: service providers and consultants, and such third parties shall be subject to confidentiality obligations and may not further disclose the MPI.
- I understand that I have the right to revoke this consent, in writing, at any time, by sending written notification to: SiPhox Health, 111 Terrace Hall Ave, Burlington, MA 01803.
- I understand that if I do not consent to the use of my MPI, I may not have access to the products or services provided by SiPhox.
To ask questions or comment about our Terms of Service, contact us at: