REKA Health: Mobile Health with High Compliance, Digital Cardiac Rhythm Monitoring Solution & Cardiac Health Insights

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Terms of Service

1. Your Agreement with REKA Health

Your use of REKA Health's products are governed by this agreement. "REKA Health" means REKA Health Pte Ltd, located at 2 International Business Park, Singapore, and its subsidiaries or affiliates involved in providing REKA Health.

2. Not Medical Advice

REKA Health does not offer medical advice. Any content accessed through REKA Health is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through REKA Health. Call your doctor for all medical emergencies.

3. Your Account and Use of REKA Health

You must provide accurate and complete registration information any time you register to use REKA Health. You are responsible for the security of your passwords and for any use of your account. You must immediately notify REKA Health of any unauthorized use of your password or account.

Your use of REKA Health and any content accessed through REKA Health must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use REKA Health.

You may not access REKA Health other than by the interfaces provided by REKA Health or interfere with or disrupt the proper operation of REKA Health.

4. Use of Your Information

If you create, transmit, or display health or other information while using REKA Health, you may provide only information that you own or have the right to use. When you provide your information through REKA Health, you give REKA Health a license to use and distribute it in connection with REKA Health and other REKA Health services. However, REKA Health may only use health information you provide as permitted by the REKA Health Privacy Policy, your Sharing Authorization, and applicable law. REKA Health is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder ("HIPAA"). As a result, HIPAA does not apply to the transmission of health information by REKA Health to any third party.

5. Additional Terms

Your use of REKA Health and any content accessed through REKA Health is subject to each of the additional terms provided in connection with REKA Health, including the REKA Health Privacy Policy, the Sharing Authorization, and the REKA Health Legal Notices.

6. Content and Services Accessed through REKA Health

REKA Health may include content that you find offensive, including health-related content that is sexually explicit.

REKA Health may make third-party services available through REKA Health. In order to use a specific service, you may choose to allow the third-party service provider to retrieve, provide, and/or modify health and other information in your account or otherwise share your information with the service provider. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it.

REKA Health may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. REKA Health further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through REKA Health.

USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. REKA Health MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT. Providers of these third-party services and/or content are REKA Health's "Licensors".

7. REKA Health Proprietary Rights

REKA Health and its Licensors own all proprietary rights to REKA Health. REKA Health gives you a personal, revocable, non-assignable, and non-exclusive license to use REKA Health.

8. Modification and Termination of REKA Health

REKA Health may place limits on, modify, suspend or terminate REKA Health generally, and may suspend or terminate your use of REKA Health if you fail to comply with this agreement. This suspension or termination may delete your information, files, and other previously available content. If REKA Health terminates REKA Health or your use of REKA Health, this agreement will also terminate, but Sections 3, 5, 7, 8, and 10-13 shall continue to be effective after this agreement is terminated.

9. Changes to this Agreement

REKA Health may change this agreement and will post the modified agreement at http://www.reka.net/terms.aspx. If you do not agree to the modified agreement, you should stop using REKA Health. Your continued use of REKA Health after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

10. Indemnification

You will defend or settle any third-party claim against REKA Health, any third party REKA Health feature providers, or any of REKA Health's other licensors arising out of or related to your use of REKA Health.

11. Exclusion of Warranties

NEITHER REKA Health NOR ANY OF REKA Health'S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER REKA Health NOR ANY OF REKA Health'S LICENSORS MAKE ANY WARRANTY THAT THE CONTENT IN REKA Health SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN REKA Health IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER REKA Health NOR ANY OF REKA Health'S LICENSORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

12. Limitation of Liability

NEITHER YOU NOR REKA Health OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

NEITHER YOU NOR REKA Health OR ANY OF ITS LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000.

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

13. General Legal Terms

If you have not signed a separate written agreement with REKA Health related to REKA Health, this agreement is the entire agreement between you and REKA Health related to REKA Health, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and REKA Health related to REKA Health, the signed written agreement will control.

REKA Health's Licensors may be third party beneficiaries to this agreement. There are no other third party beneficiaries to this agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture.

If REKA Health provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

This agreement is governed by Singapore law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS REPUBLIC OF SINGAPORE. YOU AND REKA Health CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

 

April 1, 2011