Terms Of Service
These Terms and Conditions (“Terms”) govern your use of the application, including all of its features and functionalities (“App”) offered by Febo (“FEBO”).
You must accept these Terms to create an account and use the App. You accept these Terms by using any part of the App. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE ANY PART OF THE APP.
Who May Use the App?
You may use the App if you are 18 years of age or older, are not barred from receiving services under applicable law, and have registered to use the App.
As a condition for your use of the App, you represent and warrant that (1) you possess legal authority to enter into these Terms and to perform obligations hereunder; (2) these Terms do not and will not violate any other agreement to which you are bound or subject; (3) you will safeguard your account information and will supervise and be responsible for any use of your account by anyone other than you; (4) you will not infringe any right of any third party or harm any App user; (5) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (6) you are not listed on any U.S. government list of prohibited or restricted parties.
Registration and Use of the App
You may register to use the App by creating a username and password.
You are responsible for all activity that occurs in association with your App account. FEBO is not responsible for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that FEBO may contact you regarding your account.
You may discontinue using your App account at any time. You may also remove your account at any time by going into setting, then selecting delete account, and selecting yes to accept deleting this account.
Your use of the App is dependent upon your use of a computer with supporting software or a mobile device and internet access. The maintenance and security of this equipment may influence the performance of, and your access to, the App, and it is your responsibility to ensure your equipment’s functionality and security.
Your Content
You may share certain content, including but not limited to information about research studies in which you are interested and details about your health condition (“Your Content”). By making Your Content available on or through the App you grant to FEBO a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use Your Content in accordance with our Privacy Policy.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use of Your Content on the App will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. You are liable for any harm caused by content that you upload and share in the App.
App General Guidelines
FEBO’s Enforcement Rights
Copyright Policy
FEBO respects copyright law and expects users of its App to do the same. FEBO reserves the right to terminate users’ accounts and access to the App by individuals who infringe the rights of copyright holders.
Feedback and Complaints
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction, except as limited by applicable law and as described in our Privacy Policy, and without compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by FEBO, or obtained from sources other than you.
With respect to those who use the App through the Apple App Store, you and FEBO acknowledge that FEBO, not Apple, is responsible for addressing any claims of you or a third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Third-Party Links in the App
The App may contain links to third-party websites, apps, services and resources (collectively “Third Party Resources”) that are not under FEBO’s control. We are not responsible for the content, products or services that are available from Third Party Resources. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Resources.
Termination
If you violate these Terms, we reserve the right to deactivate or suspend your account or terminate your access to the App, or any component thereof, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account in accordance with our Privacy Policy. You may cancel your account at any time within the App. Upon any termination, discontinuation or cancellation of the App or your account, the following provisions of these Terms will survive: Your Content; FEBO’s Enforcement Rights; Disclaimer; Termination; Indemnification; and Limitation of Liability.
Indemnification
You will indemnify and hold harmless FEBO and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the App, (ii) Your Content, or (iii) your breach of any provisions included under these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability
NEITHER FEBO, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FEBO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL FEBO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FEBO AND YOU.
These Terms May Change
These Terms are subject to change. If we make changes to the Terms, we will notify you of the modified Terms via the App or in some other manner.