Welcome to CurieAI! The CurieAI Respiratory Health Management app and its accompanying products and services are provided by CurieAI, Inc. (referred to hereinafter as “CurieAI” or “we” (including objective “us” and possessive “our”)). These Terms and Conditions for Use of Services (“Agreement”) constitute the Agreement between you, the end user (“User,” or “you,” including possessive “your,”), and CurieAI in regard to your use of our CurieAi Respiratory Health Management app (the “App”); our www.curiehealth.care website (the “Website”) and all of our web-based respiratory health management systems and technologies; our standard applicable hardware/devices for symptom trigger monitoring and for automatic transmission of information on the evidence for, development of, and severity of symptoms; our data analysis for respiratory health assessment services; our provision symptom monitoring services for detecting respiratory illnesses; our personalized educational material and documentation; our 24/7 on-call support features and services; and our personalized counseling, guidance, and information services provided by CurieAi’s staff of respiratory health educators. The App and all of the foregoing products and services are collectively referred to hereinafter as the “Services” and are the subject of this Agreement between CurieAI and you. Accordingly, please read this Agreement carefully, because it constitutes a written contract between you and CurieAI in regard to your use of our App and our Services, and it affects your legal rights and obligations. Each time you access and/or use our App and/or our Services, you agree to be bound by and comply with all the terms and conditions of this Agreement. By way of example and not limitation, viewing our Website, downloading our App, or making any other use of our Services constitutes your affirmative consent that you will comply with and be bound by the terms of this Agreement. Therefore, do not use the Services if you do not agree to all of the terms of this Agreement.
Also, please note that (as stated in Section 12.B. (“Updates to this Agreement”) below) CurieAI reserves the right to modify, change, amend, update, or supplement the terms and conditions of this Agreement at any time without prior notice. Therefore, we recommend that you review this Agreement from time to time to determine if changes have been made to this Agreement, because you will be bound by the most recent version of this Agreement: You understand and acknowledge that CurieAI shall only be posting the most recent version of this Agreement on the Website and in the App, that you are bound by the most recent version of this Agreement at any time you use or access Services in any manner, and, therefore, you agree that it is your responsibility to review this Agreement on a regular and frequent basis.
1. NO MEDICAL ADVICE OR TREATMENT and YOUR ASSUMPTION OF RISK
CURIEAI DOES NOT OFFER MEDICAL ADVICE OR TREATMENT AS PART OF THE SERVICES.
ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT LIMITED TO INFORMATION PROVIDED BY CURIEAI’S STAFF OF RESPIRATORY HEALTH EDUCATORS IN RESPONSE TO QUESTIONS YOU MAY SUBMIT BY MEANS OF THE SERVICES, IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS, OR ADVERSE EFFECTS.
THE SERVICES ARE NOT INTENDED BY CURIEAI FOR USE IN MEDICAL EMERGENCIES, AND THEY SHOULD NOT BE USED EITHER DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, OR BEFORE CHANGING YOUR DIET, OR BEFORE COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT.
DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SERVICE. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.
CURIEAI IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON INFORMATION THAT YOU MAY OBTAIN THROUGH THE SERVICES.
IF YOU USE THE SERVICES, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE TO THE FOLLOWING:
A. THAT THE SERVICES ARE NOT INTENDED BY CURIEAI TO CONSTITUTE MEDICAL TREATMENT FOR ANY SPECIFIC INJURY, MALADY, DISEASE, MEDICAL CONDITION, OR AILMENT; AND
D. THAT CURIEAI MAKES NO WARRANTY OR REPRESENTATION THAT YOUR USE OF THE SERVICES WILL IMPROVE YOUR HEALTH OR PROVIDE HEALTH BENEFITS, AND THEREFORE THAT YOU HAVE NO REASONABLE EXPECTATION OF ANY SUCH RESULT FROM YOUR USE; AND
E. THAT YOU ASSUME ALL RISK OF PERSONAL INJURY THROUGH YOUR USE OF THE SERVICES; AND
F. THAT, UNDERSTANDING AND AGREEING TO THE FOREGOING, YOU ASSUME ALL RISKS FROM THE USE OF THE SERVICES AND YOU ACCORDINGLY RELEASE AND DISCHARGE CURIEAI FROM RESPONSIBILITY OR LIABILITY FOR ANY AND ALL LEGAL CLAIMS WHICH MAY ARISE FROM YOUR USE OF THE SERVICES.
2. SERVICES and CONTENT
The Services contain, or may contain, a variety of materials and other items relating to CurieAI and its products and services, and similar items from our licensors, merchants, partners, vendors, network members, and other third parties who support us or are affiliated with us (collectively “Partners”). All content in the Services, including, but not limited to, all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the App and/or the Website, and the compilation, assembly, and arrangement of the materials of the Services and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by CurieAI and those owned by third parties and licensed to CurieAI are defined collectively as “Content,” which term includes all of the foregoing.
The Services and the Content (including any past, present, and future versions) are either owned by CurieAI or controlled by CurieAI through licenses granted to CurieAI by its Partners. All right, title, and interest in and to the Content available via the Services is the property of CurieAI or of its Partners, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property and unfair competition laws. In addition to CurieAI’s copyright ownership of the Content, CurieAI owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content. “Intellectual Property Rights,” as used in this Agreement, means any and all rights belonging to CurieAI and existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between you and CurieAI, CurieAI retains all its respective titles, interests, and ownership in the Website, the App(s), the Network, the Storage & Backup services, the Content, and all the Services, and you understand and acknowledge that neither you nor any other User acquires any ownership in any Intellectual Property Rights regarding any of the foregoing.
C. Limited License Granted to You.
Subject to your strict compliance with this Agreement, CurieAI grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the “Limited License”) to access and use the Services in accordance with the instructions we provide for such use.
The foregoing Limited License does not give you any ownership of, or any other intellectual property interest in, the Services or any Content, and CurieAI reserves the right to suspend or terminate, at any time and for any reason, your Limited License without any advance notice to you, and without any liability. No right or license other than the Limited License may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by CurieAI. Any unauthorized use of the Services or any Content for any purpose is strictly prohibited.
D. Rights of Others.
In using the Services, you must respect the rights of others. Your unauthorized use of Content or the Services may violate rights owned by CurieAI or its Partners, and/or your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws. If you make unauthorized use of Content owned by CurieAI or its Partners or of materials owned by a third party, your use may result not only in the termination or suspension of your account or your ability to use the Services, but also in personal liability for you, as well as potential criminal liability.
E. Third-Party Websites.
The App or the Website may provide links to other websites operated by third parties who are not related to, affiliated with, or endorsed by CurieAI. Because CurieAI has no control over such third-party websites, you understand and acknowledge that CurieAI is not responsible for the availability of such websites and bears no responsibility or liability whatsoever for any content, advertising, services, products, or other materials on or available from such websites. Accordingly, you acknowledge and agree that CurieAI shall have no responsibility or liability, directly or indirectly, for any damage or loss suffered by you and caused directly or indirectly by such third-party websites. Further, you understand, acknowledge, and agree that this Agreement does not apply to third-party websites and that your use of such websites is subject to the terms and conditions and policies of the owner or owners of such third-party websites.