Eber Health Terms and Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. We are offering you this app to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to EBER HEALTH, INC.
You should be aware that there are certain things that EBER HEALTH, INC. will not take responsibility for. Do not use our app or website to seek medical services for someone who is unconscious, someone who is not breathing or someone who is not gasping for air, experiencing an allergic reaction, have chest pain, uncontrollable bleeding, or any other symptoms that require immediate or emergent medical attention. Call 911 immediately or go to the nearest emergency room (ER) if you have emergency medical needs. By using the application or our services you agree and acknowledge that EBER is not a clinic, hospital, medical organization of any sort or staffed by medically trained personnel.
The Health Practice that promotes itself on EBER, and its Health Providers, are not employees of EBER. Employees of EBER do not provide users medical care services or health related services (unless it comes in the form of triage) and take no part in your medical diagnosis and/or treatment. EBER shall not be held liable for any medical advice, acupuncture treatment advice or professional advice from a Medical Provider that is provided to a user in-person or via telephone, nor for any information obtained on our App. We do not recommend or endorse any specific tests, medical care or service providers, medications, products or procedures. You acknowledge that your reliance on any health providers that promote themselves on our App or information provided by such medical providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law. Consult with your regular licensed health provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or medical care related procedure or activity. Do not disregard medical advice or any other health related advice issued to you by your regular licensed medical provider or any other health providers using our platform.
Non-Personal Information is any information that does not reveal your specific identity. The types of Non-Personal Information that we collect are described in more detail below under How We Collect Non-Personal Information. How We Collect Non-Personal Information We and our third-party service providers may collect Non-Personal Information in a variety of ways, including:
Through your device: Certain information is collected automatically through your device, such as your operating system name and version, device manufacturer and model, device identifier, language, the name and version of the software application you are using. We use this information to ensure that the Application functions properly and to understand usage of the Application. Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Application, along with the time of the use and the pages visited within the Application. We use IP Addresses for purposes such as helping to calculate Application usage levels, diagnose server problems and administer the Application.Physical Location: If you give us your consent, we may collect information about the physical location of your device, for example, using your device’s GPS functionality. We may use such information to provide you with personalized location-based services and content (for example, information regarding local Providers). We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You will be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.From you: We may collect Non-Personal Information such as your general geographic location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Application.By de-identifying information: Aggregated Personal Information is information that is derived from Personal Information that does not personally identify you or any other user of the Application. For example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code or a particular medical condition.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
As a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, we will use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by us, and we may be required by law or our agreement with your Provider to retain certain information. We have no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any Provider to whom your Medical History Form was submitted through the Services. Registered users who wish to close their account should email: email@example.com
You agree to defend, indemnify, and to hold EBER, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorney’s’ fees on account thereof) arising, resulting from or relating to: your use of the our App, our services or our website or your inability to use the App,; or an allegation that you violated any representation, warranty, covenant or condition in this Agreement. Your agreement to defend, to indemnify, and to hold EBER and its officers and directors harmless applies whether a claim against EBER is based in contract or tort which also includes strict liability, and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the App, services and/or our website caused damage to you or to any third party and/or your use and access to the App, services and/or our website. This indemnification section shall survive your termination of or cessation of use of the App, services and our website.
At some point we may wish to update the app. The app is currently available on Android and iOS the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. EBER HEALTH, INC. does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
If you have any questions, concerns, comments, etc. you can contact us directly at firstname.lastname@example.org or visit us at our location at 619 SW 11th Avenue, Portland, OR 97205.