Effective Date: February 1, 2021
NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY AS WELL AS A LIMITATION OF LIABILITY. UNLESS YOU OPT-OUT AS SET FORTH IN SECTION 19, YOU WILL BOUND TO ARBITRATE ANY DISPUTES UNDER THESE TERMS. PLEASE REVIEW SECTIONS 17, 18 AND 19 BELOW BEFORE DOWNLOADING OR USING THE APP OR OUR SERVICES.
- 1. Description
The App enables users to upload and manage information about themselves or their parent, child, relative, friend, patient or client (“Cared For Person”) for whom they are providing or managing their care and needs. THE APP IS NOT DESIGNED TO PROVIDE OR BE A SUBSTITUTE FOR MEDICAL, NURSING, MANAGED CARE OR OTHER PROFESSIONAL SERVICES OR ADVICE, AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS APP. ANY CONTENT OR INFORMATION PROVIDED IS FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO PROVIDE ANY MEDICAL ADVICE OR HEALTH CARE. IF YOU THINK YOU OR YOUR CARED FOR PERSON MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. THIS APP HAS NOT BEEN REVIEWED OR APPROVED BY THE FDA.
In addition, unless separately agreed by us in writing, this App is not intended for use with information that is subject to the Health Insurance Portability and Accountability Act (“HIPAA”) or any medical privacy laws.
- 2. Changes
Our App and Services may evolve and change over time. For this reason, we may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. The effective date of the Terms will be set forth above and updated as Modifications are made. If you continue to use theis App and Services after the effective date of the Modifications, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use and uninstall the App and Services.
You understand and agree that we may change or discontinue the App or Services, or change or remove functionality of the App or Services, any time at our sole discretion. If you do not agree to such changes, your sole remedy is to cease use of the App and Services.
We may from time to time need to update the App or send fixes for any errors or bugs in the App. YOU AGREE THAT WE CAN SEND SUCH UPDATES TO THE APP DIRECTLY TO YOUR MOBILE DEVICE.
- 3. App Store Terms
The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail.
This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms.
You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge and agree that the relevant App Store, and that App Store’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- 4. Mobile Device and Carrier Requirements
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device (defined below in Section 10) being used to access the App or Services, you will be assumed to have received permission from the bill payer for using the App or Services. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.
- 5. Eligibility and Registration
You must be at least 13 years of age and a resident in the United States to use the App and our Services. If you are a minor in your jurisdiction of residence, you must have, and represent and warrant that you have obtained, the consent of your parent or legal guardian to download and use the App and Services and agree to these Terms. You further affirm that (a) you are not a resident of (or will use the App or Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations and (b) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
- You agree to provide complete and accurate information when registering to use the App and registering to become a member to use our Services and to keep that information updated. You are responsible for maintaining the confidentiality of your user name and password (“User Credentials”) and for notifying us immediately of any loss or unauthorized use of your User Credentials. User Credentials are the property of LikePaper and shall not be shared or transferred without our prior written permission. You are responsible for all activities on your account whether authorized or not. You consent to receive all communications, notices, agreements, renewals, statements, and disclosures relating to the Terms, App and Services (collectively, “Communications”) electronically. We may provide Communications to you related to the App and Services and your use thereof by electronic communication, including by email, push notification, or by making such Communications available on the LikePaper website.
You represent that:
• you own all rights in and to any content provided by you (“User Content”), including any information, designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content in connection with the App and Services;
• you will fully comply with all applicable laws and agreements which govern your use of the App and Services; and
• you will not use the App and Services in violation of any law or for any fraudulent or illegal activity.
- 6. Privacy/Device and Geolocation Data
- 7. Fees
We may offer the App and the Services free of charge for a trial or limited period. At the end of such free or trial period, we may charge fees for use of the App and certain Services. We will notify you of such fees prior to charging them. We may require that you provide us a credit card or other payment mechanism to pay for such fees. You authorize us to charge such credit card or payment mechanism in accordance with our then applicable fee schedule. We reserve the right to terminate your access and use of the App and Services for failure to make timely payment.
- 8. Push Notifications
You acknowledge that we may need to notify users of the App about the App or Services through the use of push notifications; we may also send users push notifications with offers and promotions about our products and services and the products and services of our promotional partners. By agreeing to these Terms, you consent to receiving such push notifications to the extent consent is required by applicable law. You can opt-out of marketing push notifications, but not transaction or administrative-related notifications relating to the Services, your account or the App. Please note that opting out of receiving or blocking push notifications may impact your use of the Services.
- 9. User Provided Supplied Data
The App and Services allow users to upload personal information, including name, age, medical condition, vital signs, prescriptions, appointments and other information about yourself or Cared For Persons (“User Supplied Data”). You represent and warrant that you have all necessary consents and permissions and the right to upload such User Supplied Data to the App and Services; in the case of a child, you represent that you are the parent or legal guardian or are otherwise authorized to upload User Supplied Data about that child. You further represent that you have collected the User Supplied Data in compliance with all applicable laws, including all privacy and data security laws, and that our use of such User Supplied Data to provide the App and Services will not violate any applicable privacy, security or other law, rule, regulation or order or any right of any person or entity. You are solely responsible for accuracy, completeness and validity of any User Supplied Data; we do not verify the same.
- 10. License
Provided you are in compliance with these Terms, LikePaper hereby grants you a non-exclusive, non-transferable, revocable license to download and use one copy of the App for your personal, non-commercial use and only on an approved Apple or Android device (“Device”) as permitted by the applicable App Store Terms and in accordance with these Terms and to access the Services through the App (“User License”). All other rights in the App and Services are reserved by LikePaper. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
You agree not to (i) modify, adapt or translate the App or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App, App Content or Services; (iii) modify, translate or prepare derivative works of the App, App Content (as defined in Section 11) or Services, or any portion thereof; (iv) make any commercial use of the App; or (v) rent, lease, distribute or lend the App, App Content or Services to third parties.
- 11. Intellectual Property and Feedback
“Ripple Health Group”, “LikePaper” and associated logos are the trademarks of Ripple Health Group, Inc. (“LikePaper Marks”). The App and any information, video, audio, text, or other content provided through the App or Services (“App Content”) are owned by Ripple Health Group, Inc. or is licensors. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The LikePaper Trademarks, App and App Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of LikePaper or the applicable trademark holder. The Services, App and App Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to LikePaper and its licensors.
In addition, we may ask for or you may offer feedback, comments, suggestions, evaluations or ideas for new features or functions for the App or the Services (the “Feedback”). You acknowledge that any Feedback you provide is entirely voluntary and agree that we will own all right, title and interest in the Feedback, and the exclusive, worldwide, perpetual, fully transferable and sublicensable, royalty-free and fully paid up right to use the Feedback for any purposes including as a part of the App or Services, without any obligation to seek your approval or pay you any compensation. You have no expectation or right of confidentiality in any Feedback.
- 12. User Content
The App may contain features that allow you to post or provide User Content. You retain the right to your User Content. However, you grant to LikePaper the worldwide, perpetual, irrevocable, fully transferable, fully paid up and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any User Ccontent that you do not wish to be made public.
- 13. Prohibited Uses
You agree not to use the App or Services in any way, provide User Content or User Supplied Data, or engage in any conduct that:
• is unlawful, illegal or unauthorized;
• is defamatory of any other person;
• is obscene, sexually explicit or offensive;
• advertises or promotes any other product or business (except for permitted advertising under separate written agreement with us);
• is likely to harass, upset, embarrass, alarm or annoy any other person;
• is likely to disrupt our service in any way; or
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
• advocates, promotes or assists any violence or any unlawful act.
You further agree not to:
• publish and/or make any use of the App or Services on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the App or Services (or any part thereof);
• use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the App or Services (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the App or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the App or Services;
• purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use our name or the LikePaper trademarks Marks and/or variations and misspellings thereof;
• impersonate any person or entity or provide false information on the App or Services, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
• falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, or any statement you make;
• reverse look-up, trace, or seek to trace another user of the App or Services, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the App or Services without their express and informed consent;
• disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the App or Services or the account of another user or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
• probe, scan, or test the vulnerability of the App or Services or any network connected to the Services;
• upload to the App or Services or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
• take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the App or Services or our systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the App or Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; or
• use the App or any of the Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising.
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including without limitation Section 13. In addition, we reserve the right at our sole discretion to terminate any user’s access to the App and the Services if they violate this Section 13 or any other provision of these Terms.
- 14. Third Party Links
- 15. Indemnification
You agree to defend, indemnify, and hold harmless LikePaper, and its parent company, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, injuries, damages or expense (including attorney’s fees) arising from your use of the App, any User Content, or User Supplied Data provided or uploaded by you, or your breach of these Terms. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist Indemnitees (including provide any necessary information) at your sole costus in defending and settling such third-party claimsexercising such rights.
- 16. Disclaimer of Warranties
We provide the App, App Content and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, LikePaper does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App, the Services or the App Content. To the fullest extent permitted by applicable law, LikePaper hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App, Services or App Content is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App, App Content or Services by you is in compliance with laws or that any information that you transmit in connection with the App or Services will be successfully, accurately or securely transmitted. We are not responsible for the health, welfare, safety or security of any Cared For Person for which you are using the App; such health, welfare, safety and security is your sole responsibility.
- 17. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LIKEPAPER NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APP OR SERVICES, AND/OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APP OR SERVICES IS TO STOP USING THE APP OR SERVICES, AS APPLICABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- 18. Governing Law
These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply under Section 19 below, we and you irrevocably submit to the jurisdiction of the state and federal courts of Santa Clara County, California with regard to any dispute arising out of or relating to these Terms or your use of the App or Services. YOU WAIVE YOUR RIGHT TO A CLASS ACTION OR TO A JURY IN THE EVENT OF ANY DISPUTE THAT PROCEEDS IN STATE OR FEDERAL COURT.
- 19. Arbitration Provision
Unless you opt-out as set forth below, you and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the App will be determined by mandatory binding individual (not class) arbitration. You and LikePaper further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this Arbitration Provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This Arbitration Provision will survive termination of these Terms.YouTerms. You have thirty (30) from the date you download the App or register for the Services, whichever is sooner, to opt-out of this Arbitration Provision. You can opt-out by emailing us at firstname.lastname@example.org. If you fail to opt-out within said time period, the Arbitration Provision will be binding on you.
You and LikePaper both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator or (3) bring a claim in a court of law for violation of LikePaper’s intellectual property rights. In addition, this Arbitration Provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND RIPPLE HEALTH GROUPLIKEPAPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless LikePaper agrees, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court or arbitrator decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court as specified in Section 18.
Either you or we may start arbitration proceedings. Any arbitration between you and LikePaper will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Provision. You and LikePaper agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or LikePaper may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; or (2) through a non-appearance based telephonic hearing.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, LikePaper will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. LikePaper will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in this sectionSection 18 shall govern any claim in court arising out of or related to the Terms.
- 20. Termination
These Terms are effective unless and until terminated by either you or LikePaper. You may terminate these Terms at any time, provided that you discontinue any further use of the App and associated Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the App and associated Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the App or Services. Upon any termination of the Terms by either you or us, you must promptly uninstall the App and cease using the Services.
Sections 2, 3, 5 (your representations only), 6, 7, 8, 9, the restrictions, but not the User License in Section 10, and Sections 11 through 23 and any antecedent claim for breach of these Terms shall survive termination of these Terms.
- 21. Intellectual Property Claims
We respect the intellectual property rights of others and require that users of our App and Services do the same. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Attention: Intellectual Property Claims
1 Lombard St #200, San Francisco, CA 94111
To be sure the matter is handled immediately, your written notice must:
• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
- Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of the App and Services who is the subject of repeated DMCA or other infringement notifications.
- 22. General
- 23. Contact Us
If you have any questions regarding our App or Services, you can email us at email@example.com