Please read theseTerms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”)carefully because they govern your use of the website located at sikahealth.com(the “Site”) and services accessible via the Site and corresponding web or mobile application (“App”) offered by Sika Health, Inc.(“Sika”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms.If you don’t agree to be bound by these Terms, do not use theServices.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes.If you don’t agree to be bound by the changes, you may not use the Services anymore.Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services? You may use the Services only if you are 18 years or older and capable of forming a binding contract with Sika, and not otherwise barred from using the Services under applicable law.
5. Our Intellectual Property.We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
6. Rights and Terms for Apps.
(a) App License. If you comply with these Terms, Sika grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.
7. GeneralProhibitions and Sika’s Enforcement Rights. You agree not to do any of the following:
Sika is not obligated to monitor accessto or use of the Services or to reviewor edit any content. However, we have the right to do so forthe purpose of operating the Services, to ensure compliance with these Termsand to comply with applicable law or other legal requirements. We reserve theright, but are not obligated, to remove or disable access to any content at anytime and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms.We have the right toinvestigate violations of these Terms or conduct that affects the Services. Wemay also consult and cooperate with law enforcement authorities to prosecuteusers who violate the law.
8. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
9. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@sikahealth.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5, 7, 9, 10, 11,12, 13 and 14.
10. WarrantyDisclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT ANDNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
11. Indemnity. You will indemnify and hold Sika and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.
12. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIKAN OR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS,LOST REVENUES, LOST SAVINGS,LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIKA OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SIKA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USETHE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SIKA FORUSE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SIKA, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIKA AND YOU.
13. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions.The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in New York, New York, and you and Sika each waive any objection to jurisdiction and venue in such courts.
14. General Terms.
(a) Reservation of Rights. Sika and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sika and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Sika and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer theseTerms, by operation of law or otherwise, without Sika’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sika may freely assignor transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by Sika under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. Sika’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sika. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
15. Contact Information. If you have any questions about these Terms or theServices, please contact Sika at hello@sikahealth.com / 2196 Third Ave, Unit 10039, New York NY, 10035.
