Last updated: 03/08/21
In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.
For users located outside of the European Union (“EU”), or the United Kingdom (“UK”), you must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. EU and UK users younger than age 16 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.
You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Yubi Health or any of its affiliates regarding future functionality or features.
BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.
You acknowledge and agree that the Services constitute, primarily, a personalized self-help system designed to help you improve your nutrition and well-being. If you choose to utilize the Services you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that Yubi health is not a health care provider or nutritionist, and does not provide you with any medical or nutritional advice.
Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through these Services. If you think you may have a medical emergency, call your doctor or 911 immediately.
Not Medical Device
Yubi Health is an educational tool, it is not a medical device, it is not a substitute for a medical device or medical care, and it does not provide diagnosis, cure, mitigation, treatment, or prevention of any disease. If you have questions or concerns about individual health matters or the management of your diabetes, please consult your medical care team.
No Guaranteed Accuracy of Information. We rely on several third parties to collect information about the products and information we list on our website/App. Accordingly, it is possible that there are errors in such information and therefore we do not guarantee it is reliable and proper for every individual, It remains your responsibility to verify and research all information you encounter in our App/website.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND YUBI HEALTH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION “DISPUTE RESOLUTION FOR CONSUMERS” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Dispute Resolution for Consumers.
In addition to functioning as a standalone personalized self-help system, the Services may also be used by certain medical professionals and/or health care providers (“Medical Professionals”) to monitor or otherwise assist in their patient’s use of the Services (“Patients”). Such use shall require the Patient’s affirmative consent, and shall also be subject to the terms of a separate agreement (the “Medical Professionals Agreement”), located at https://www.YubiHealth.com/medical-professionals-agreement. In the event of any conflict between these Terms and the terms of the Medical Professionals Agreement, the terms of the Medical Professionals Agreement shall control with respect to use of the Services by Medical Professionals. In all other matters, these Terms shall control.
In the course of registering for or using the Services, you may be required to provide Yubi Health with certain information, including your name, email address, username and a password (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Yubi Health promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Yubi Health of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Yubi Health immediately.
A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Yubi Health or its suppliers (“Yubi Health-Supplied Content”). While Yubi Health strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Yubi Health cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Yubi Health-Supplied Content.
You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”
You agree that you are solely responsible for (and that Yubi Health has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Yubi Health may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.
Yubi Health may refuse to store, provide, or otherwise maintain your User Content for any or no reason. Yubi Health may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Yubi Health may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that Yubi Health has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.
Yubi reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion.
By submitting, posting or otherwise uploading User Content on or through the Services you give Yubi Health a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license as set below:
You acknowledge and agree that Yubi Health (or Yubi’s licensors) own all legal right, title and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in Section 5, Yubi Health acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Yubi Health, you agree that you are responsible for protecting and enforcing those rights and that Yubi Health has no obligation to do so on your behalf.
Yubi Health gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and Yubi Health-Supplied Content provided to you as part of the Services on a device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the Services as a personalized self-help system to help you improve your mental health and well-being and to address anxiety, depression and other mental health issues, in the manner permitted by these Terms. Additionally, if you are a Medical Professional utilizing these Services in conjunction with a patient who is also a user of the Services, you may utilize the Services for the limited purpose of monitoring or assisting such patient with the same.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Yubi Health, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.
You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You may not access the Services in a manner intended to avoid incurring fees.
You may not access the Services for the purpose of bringing an intellectual property infringement claim against Yubi Health or for the purpose of creating a product or service competitive with the Services.
You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Yubi Health, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13, or if you are located in the EU or the UK, you affirm you are 16 years of age or older.
Use of the Application requires third party services and equipment such as a compatible mobile device, internet access and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. Yubi Health is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable third party terms and payment of all applicable third party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password or the Application. You agree not to use the Application to communicate in an offensive or obscene manner, or to spam, threaten, defame or harass other users. Yubi Health is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. Yubi Health reserves the right, but does not assume the obligation, to remove any objectionable activity or language used in the Application at any time. Yubi Health reserves the right, but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Application is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the Application is accurate and complete. We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.
Subject to the Terms, the Services are provided to you without charge up to certain usage limits, and usage over these limits may require purchase of additional resources and the payment of fees. Please contact us at email@example.com for details regarding pricing for the Services.
Notwithstanding anything to the contrary, if you are using the Services on behalf of an organization, you agree to permit Yubi Health to identify you as a customer and to use your name and/or logo in Yubi Health’s website and marketing materials.
You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.
You agree that Yubi Health, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that Yubi Health will not be liable to you or any third party for such termination.
If you connect with your Medical Professional through using the Services and later remove the connection with that Medical Professional, you will be asked to sign a HIPAA authorization if you want to continue to use the Services. If you do not sign the HIPAA authorization, Yubi Health will be required to terminate the Services and your account. You will also be asked to sign a HIPAA authorization to continue to use the Services if the relationship between Yubi Health and your Medical Professional terminates.
Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty
These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. You can determine when these Terms were last revised by referring to the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
YUBI HEALTH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YUBI HEALTH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT YUBI’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SUBJECT TO SECTION 12 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YUBI HEALTH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL YUBI HEALTH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR TEN DOLLARS ($10.00), WHICHEVER IS LESSER.
You agree to hold harmless and indemnify Yubi Health, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively “Yubi Health and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
DMCA Notice of Alleged Infringement (“Notice”)
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at info@Yubihealth.com or Yubi Health, Inc.1834 Penstemon Lane, Shakopee, MN 55379.
The Services may include hyperlinks to other web sites, as well as content or resources or email content provided by companies or persons other than Yubi Health (“Third Party Content”). Yubi Health has no control over such Third Party Content.
You acknowledge and agree that Yubi Health is not responsible for the availability of any Third Party Content, and does not endorse any advertising, products or other materials on or made available through such Third Party Content.
You acknowledge and agree that Yubi Health is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third Party Content.
The Services incorporate certain third-party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third-Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Yubi Health under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.
Any maintenance and support services made available by Yubi Health are at the discretion of Yubi Health, which may initiate or cease providing maintenance and support services at any time without notice to you. You acknowledge that the App Platform Provider and your wireless carrier are not responsible for providing maintenance and support services for the Application.
Yubi Health, the App Platform Provider, Distributors or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Application’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to Yubi Health’s, and such parties’ collection, maintenance, publishing, processing and use of your location data to provide you with such services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Use of real time route guidance is at your sole risk. Location data may not be accurate. Neither Yubi Health, nor such parties guarantee the availability, accuracy, completeness, reliability or timeliness of information or location displayed by the Application.
Yubi Health and you acknowledge that the App Platform Provider and the App Platform Provider’s subsidiaries are third party beneficiaries to this agreement. Upon your acceptance of these Terms, the App Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. Aside from the App Platform Provider, there are no third-party beneficiaries to this agreement.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: info@YubiHealth.com.
When submitting a complaint, please provide a brief description of nature of your complaint and the specific services to which your complaint relates.