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PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS WAIVERS, DISCLAIMERS AND LIMITATIONS SUCH AS A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, A BINDING ARBITRATION CLAUSE, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS.
TABLE OF CONTENTS
- Intellectual Property Rights
- Service Administration
- Your Obligations
- Limitations on Liability; Remedies
- Notice to California Residents
Koya provides a variety of lymphedema treatment products that operate independently or in conjunction with software, websites, and mobile apps including, without limitation, the App. You agree to use the App to control your Koya device, view information regarding your usage of the Koya device, and to consult with your designated medical professionals regarding your lymphedema issues (and for no other purposes).
Koya does not currently charge a fee in connection with the use of the App and/or Services but reserves the right to do so if it is necessary in Koya’s sole discretion. Notwithstanding the foregoing, you are and shall continue to be responsible for all software, hardware, internet connection, fees, expenses, costs, taxes, obligations and liabilities of any kind or nature required or incurred in connection with your use of the App and/or Services.
NEITHER THE APP NOR THE SERVICES PROVIDE EMERGENCY SERVICES OR HAVE THE CAPABILITY OF CONTACTING MEDICAL PROFESSIONALS IN THE EVENT OF A MEDICAL EMERGENCY. IF A MEDICAL EMERGENCY EXISTS IN THE UNITED STATES, CALL 9-1-1 IMMEDIATELY.
THE CONTENT AVAILABLE THROUGH THE APP AND/OR SERVICES THAT IS COMMUNICATED TO YOU VIA THE APP, ANOTHER APPLICATION, TOOL, TEXT, EMAIL, ETC. IS FOR PERSONAL, NON-COMMERCIAL, INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AND SHOULD NOT BE USED TO BE A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF HEALTHCARE PROFESSIONALS. KOYA DOES NOT, IN ANY WAY, PROVIDE MEDICAL ADVICE, MEDICAL PRESCRIPTIONS, MEDICAL TREATMENT, OR MEDICAL DIAGNOSES OF ANY KIND OR NATURE. THE USE OF ANY CONTENT GENERATED BY OR OTHERWISE RELATED TO THE APP AND/OR THE SERVICES DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. IT IS YOUR RESPONSIBILITY TO PRESENT YOUR MEDICAL DATA TO YOUR PHYSICIAN(S) FOR PROPER ANALYSIS, DIAGNOSIS, AND TREATMENT. YOU ACKNOWLEDGE AND AGREE THAT KOYA IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISION MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED ON THE DATA COLLECTED, STORED, TRANSMITTED, OR DISPLAYED BY THE APP AND/OR SERVICES, WHETHER SUCH DATA IS ACCURATE OR NOT. KOYA AND ITS AFFILIATES DO NOT WARRANT THAT THE APP, SERVICES, OR ANY PORTION THEREOF WILL BE CONTINUOUSLY AVAILABLE WITHOUT INTERRUPTION, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER DANGERS OR THREATS, AND SPECIFICALLY DISCLAIM ANY WARRANTY THAT ANY OF THE THESE ISSUES, IF PRESENT, WILL BE REMEDIED.
NEITHER KOYA NOR ITS LICENSORS, SUPPLIERS OR DISTRIBUTORS (IF ANY) MAKE ANY SPECIFIC REPRESENTATIONS OR WARRANTIES REGARDING THE APP OR SERVICES. BY USING THE APP AND/OR SERVICES, YOU ACCEPT THE APP AND/OR SERVICES “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, OR ANY WARRANTY AS TO WHETHER THE DATA OR OTHER INFORMATION AVAILABLE ON OR TRANSMITTED BY THE APP AND/OR THE SERVICES IS TRUE, COMPLETE OR ACCURATE. NO INFORMATION OBTAINED OR ACCESSIBLE BY YOU FROM KOYA OR ITS AFFILIATES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OR ACCESS TO THE APP AND/OR SERVICES, YOUR INTERACTION WITH ANY OTHER USER(S), AND ANY DATA OR INFORMATION MADE AVAILABLE TO YOU IN THE APP AND/OR SERVICES.
- INTELLECTUAL PROPERTY RIGHTS
To the fullest extent permitted by law, the information generated by the App or the Koya device shall be owned, controlled, and used by Koya in its sole discretion. Such information includes, but is not limited to, the time of day the Koya product is used and how long each day the Koya product is used.
Koya may provide its products and content to the United States Government or an agency thereof (collectively, the “Government”) with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to the restrictions permitted by the Defense Federal Acquisition Regulation Supplement (“DFARS”) to the Federal Acquisition Regulation (“FAR”), FAR, or the Code of Federal Regulations (“CFR”) including, without limitation, DFARS 252.227-7013, FAR 52.227-14, and 48 CFR 52.227-19. Any rights not expressly granted by Koya to the Government are fully reserved.
- SERVICE ADMINISTRATION
Koya may require you to register and use a password or login link to access the App and/or the Services (or any portion thereof). You must maintain the confidentiality of any passwords and login links used to access the App and/or the Services. Koya shall not be liable for any loss or liability you incur as a result of someone else having access to or using your password or account (including your failure to establish and maintain a secure password). If you become aware of any unauthorized use of your password or account, you shall contact Koya immediately.
To the fullest extent permitted by Laws, Koya expressly reserves the right to refuse access to the App and/or the provision of any Services or to suspend your Koya account at any time and for any or no reason. You agree that you are only permitted to register the serial number on your Koya product(s) and that you are using such product(s) for your own therapy.
- YOUR OBLIGATIONS
- LIMITATIONS ON LIABILITY; REMEDIES
NEITHER KOYA, ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, ADVISORS, CONTRACTORS, SUCCESSORS, ASSIGNS, OR ANY OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE “KOYA REPRESENTATIVES”), WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE APP AND/OR SERVICES REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM, POTENTIAL CLAIM, OR DEMAND IS BASED UPON BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR WHETHER KOYA OR THE KOYA REPRESENTATIVES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT KOYA AND/OR THE KOYA REPRESENTATIVES CANNOT FULLY DISCLAIM LIABILITY FOR THE FOREGOING DAMAGES BASED ON APPLICABLE LAWS, THEN YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE SOLE AND EXCLUSIVE, AND AGGREGATE LIABILITY OF KOYA AND THE KOYA REPRESENTATIVES (TO THE EXTENT APPLICABLE) SHALL BE THE TOTAL AMOUNT PAID BY YOU TO KOYA FOR THE SIX (6) MONTH PERIOD IN WHICH THE CLAIM AROSE OR $250, WHICHEVER IS HIGHER. THIS LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
- NOTICE TO CALIFORNIA RESIDENTS
The App and/or Services may contain links to third-party websites or services. Such third-party websites or services are not controlled by Koya, and as a result, Koya is not responsible for your use or investigation of such third-party websites or services. You are expressly prohibited from linking your data to any other third-party website without the prior written consent of Koya, which may be withheld in its sole discretion.
By using the App and/or Services, you consent to receiving notices from Koya in electronic format. Any such notices, agreements, disclosures, or other communications sent to you in electronic format will satisfy the legal communication requirements, if any, including that such communications be in writing. The notices sent to you shall be deemed received and effective when sent to the email address provided by you. You agree to keep your email address updated in the App and in your Koya account. Koya is not responsible for the timeliness or final delivery of any electronic messages that are not received for reasons outside of its control.
The following applies to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- With respect to any App Store Sourced Application, you will only use the App Store Sourced Application (i) on a genuine Apple product running native iOS software (i.e., Apple’s proprietary mobile operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Koya and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Koya.
- You and Koya acknowledge that, as between Koya and apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Koya acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Koya and Apple, Koya, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these terms.
- You and Koya acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Koya Medical, Inc.
2461 Peralta St.
Oakland, CA 94607
For general inquiries, you may contact Koya by calling the following number: (415) 209 5035