CareMOBI End User License Agreement
This end user license agreement (“EULA”) governs your use of the CareMOBI application (“Application”). Apps made available through the App Store are licensed, not sold, to you. Your license to the Application is subject to your prior acceptance of this EULA between you and New York University, the application provider (“Licensor”). The Licensor reserves all rights in and to the Application not expressly granted to you under this EULA. By installing, using, or otherwise accessing the Application, you agree to the terms of this EULA. If you do not agree to the terms of this EULA or do not wish to be bound by them, please do not install, use or otherwise access the Application.
a. Scope of License; Eligibility. Licensor grants to you a personal, revocable, limited, non-sublicensable, non-exclusive and non-transferable license to use the Application for your non-commercial use on any Apple-branded products that you own or control, solely as permitted by this EULA and the App Store Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or in the Application.
You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Application and, if you sell your Apple Device to a third party, you must remove the Application from the Apple Device before doing so. You may not copy (except as permitted by this EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application). You may not use the Application if you are under 13 or if parental consent is required under applicable law for you to use the Services or provide personal data to Licensor.
b. Use at your Own Discretion. You agree that Licensor is not providing you with medical services, rehabilitation services, or therapy services. You should consult with a healthcare professional for medical advice, treatment or medical diagnosis. You acknowledge that Licensor provides no guarantee that the Application will benefit you or any others. The Application is not intended to be a substitute for professional medical judgment, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Do not ignore professional medical advice or delay seeking it because of any information transmitted through the Application. Licensor does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data displayed by any Application.
You should not use the Application to store or transmit protected health information, as governed by the Health Insurance Portability and Accountability Act (HIPAA) and applicable state law.
c. Consent to Use of Data. Licensor collects, uses and shares your personal data as described in our Privacy Policy, which you should review. By using the Application, you consent to such processing and you warrant that all data provided by you is accurate.
d. Use of Application Content; User-Submitted Content and Personal Data. Licensor does not have any obligation to prescreen, edit, or remove any content provided by users that is posted on or available through the Application. Notwithstanding the foregoing, Licensor will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove or move any such content.
You are responsible for all content and personal data that you submit, post, or otherwise make available to or through the Application. By doing so, you represent and warrant to Licensor that such content and personal data is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such content and personal data. Licensor makes no claims to ownership of content and personal data including photos that you submit, post, or otherwise make available to or through the Application and you continue to retain all ownership rights in such content and the right to use your content and personal data as you determine. However, you do grant to Licensor, our affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license (subject in all cases to the Privacy Policy) (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display content for the purpose of delivering, developing, improving, and marketing the Application; and (b) to use, reproduce, analyze, aggregate and otherwise process personal data in accordance with the Privacy Policy.
Other users (“Invitees”) may be granted permission to see and receive content through the Application. These Invitees may have the same access to Application-generated content as you do, including content and personal data that you have entered. When you choose to share your application experience with Invitees, those individuals will be able to view and share your content including, but not limited to, posts, notes, messages, photos, etc. The Invitee may also be able to add content to your application experience, such as posts, notes, messages, photos, etc.
e. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on the Application or any of its features at any time without notice or liability to you.
f. External Services. The Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and will not be liable for any third-party External Services. Data displayed by any Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
g. Indemnification. By entering into this EULA and using the Application or services, you agree that you will defend, indemnify and hold Licensor, its affiliates, officers, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs), relating to both direct claims and third party claims, arising out of or relating to: (a) your violation or breach of any term of this EULA or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your use or misuse of the Application; or (d) your negligence or willful misconduct.
h. No Warranty: You expressly acknowledge and agree that use of the Application is at your sole risk. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application are provided "as is" and “as available,” with all faults and without warranty of any kind. Licensor hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
i. Limitation of Liability. In no event will Licensor be liable for personal injury or any incidental, special, indirect, exemplary, or consequential loss or damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. You agree that the above limitations of liability together with the other provisions in this EULA that limit liability are essential terms of this EULA and that Licensor would not be willing to grant you the rights set forth in this EULA but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Licensor to grant you the rights set forth in this EULA.
j. Export. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
k. Governing Law; Jurisdiction. This EULA and the relationship between you and Licensor are governed by the laws of the State of New York, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, to resolve any dispute or claim arising from this EULA. Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods.
l. Modifications. We may modify this EULA at any time. Modifications become effective immediately upon your first access to or use of the Application after the “Last Revised” date at the end of this EULA. Your continued access or use of the Application after the modifications have become effective will be deemed your conclusive acceptance of the modified EULA. If you do not agree with the modifications, then please uninstall and do not access or use the Application.
m. Miscellaneous. You may not assign this EULA or any of your rights or obligations under it. This EULA is not for the benefit of any third party. This EULA constitutes the entire agreement of the parties regarding its subject matter, and it supersedes all prior and collateral negotiations, agreements, and understandings between the parties, whether written or oral, regarding the subject matter. If any provision of this EULA is determined to be invalid, void, or unenforceable, the remaining provisions of this EULA will continue in full force and effect.
Last Revised: June 7, 2023