Terms + Conditions

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE CIX HEALTH SERVICES. BY CREATING AN ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT LOG ON OR USE THE CIX HEALTH APPLICATION.

By continuing to use the Services, You agree as follows:

• Any information that We collect through Your use of the Services is subject to the Cix Health Privacy Policy, which is part of these Terms of Use;

• You are at least 18 years old or have been legally emancipated;

• You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;

• If You create a profile for a third party for whom you are not the parent or legal guardian, You represent and warrant that you have permission from such person to input and share their Personal Data within the App and with other third parties.

• You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Cix Health from time to time; and

• You understand, accept, and have received these Terms, and acknowledge and demonstrate that You can access these Terms at will HERE.

IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT LOG INTO THE APP AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FORM YOUR COMPUTER OR MOBILE DEVICE.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CIX HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING INFO@CIXHEALTH.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

TERMS OF USE

VERSION VALID AS OF JULY 2019

Thank You for choosing Cix Health to help You manage You and/or someone else’s health! Please note, these Terms of Use (the “Terms”) constitute a binding agreement between You (“You” or “Your”) and Cix Health, LLC (“Cix Health”, “We”, “Us”, “Our”). These Terms govern Your use of the Cix Health website, located at https://cixhealth.com/ (the “Website”), and/or the Cix Health application (the “Application” or “App”) and the services available through the Website and App (collectively, the “Services”). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the Cix Health Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

WHAT IS CIX HEALTH?

Section 1

The Cix Health Services allow You to track and manage Your and/or someone else’s health by creating individual, personal health profiles where You can upload and store health data, forms, and prescriptions, coordinate with caregivers, family members, and treatment providers, and set reminders for appointments and medications. You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Cix Health Privacy Policy.

We are NOT a medical record

We do not share the information you share with us with your healthcare provider and your healthcare provider does not share information with us. The information you share with us should not be used to make medical decisions or shared with a healthcare provider for treatment purposes.

We do NOT provide medical advice

Cix Health provides the Services only to help You track and manage the information You share with us. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Cix Health is not a medical professional service, and Cix Health does not provide medical services or render medical advice. If You require medical advice or services, You should consult a medical professional.

We may provide You with links to third parties that may provide You with medical advice (See Privacy Policy for details), but Your use of those third parties is not governed by these Terms or the Cix Health Privacy Policy. Such links are provided for informational purposes and only and do not constitute an endorsement of the third parties we link to. Cix Health does not evaluate or warrant the accuracy or quality of third party services provided to You, and You are responsible for confirming the qualifications of any third party service provider You use.

If at any time You are concerned about Your care or treatment, or You believe that You or someone else has a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.

WHO IS ELIGIBLE TO USE THE SERVICES?

Section 2

By registering for an account and using the Services, You represent and warrant:

1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;

2. Your registration data is true, accurate, current, and complete;

3. You will update Your registration data as needed to maintain its accuracy;

4. You are authorized to create an account (either for Yourself or another person);

5. By using the Services, You represent and warrant that You have legal authority to share Your health data and other Personal Information (as that term is defined in the Privacy Policy) with Cix Health. In addition, if You create a profile for a third party for whom you are not the parent or legal guardian, You represent and warrant that you have permission from such person to input and share their Personal Data within the App and with other third parties. Our use of the information You provide to Cix Health via the Services is subject to the Privacy Policy in effect at the time we use it; and

6. You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting’ country, and You are not listed on any U.S. Government list of prohibited or restricted parties.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

HOW WILL CIX HEALTH TELL ME IF THEY CHANGE THESE TERMS?

Section 3

With the exception of the Arbitration Agreement included at the end of these Terms, Cix Health reserves the right to change or modify these Terms at any time without prior notice to You. If we materially change or modify these Terms, we will let You know by (1) posting a new version to the Services; and/or (2) posting a change notice on our Website and/or Application.

If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.

WHO OWNS THE CIX HEALTH SERVICES?

Section 4

Cix Health owns the Services and all materials You access through the App or Website. Subject to Your compliance with these Terms, Cix Health grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing the Application. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Services for any other purpose than what is allowed under these Terms without Cix Health’s express written permission.

You may not use Cix Health’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Cix Health’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Cix Health or such third party.

You own Your Personal Data and any other content You post on or through the Services. If you are entering someone else’s information into the Services, you represent and warrant that you have permission to do so. For us to provide You with the Services, You grant to Cix Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your content for the purpose of providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Cix Health to de-identify and anonymize Your content, including without limitation, Your personal health information in accordance with this Privacy Policy, and to use or disclose such de-identified information for any purpose.

WHAT AM I NOT ALLOWED TO DO WITH THE SERVICES?

Section 5

Cix Health imposes certain restrictions on Your use of the Services. While using the Website, App, or Services, You shall not:

1. provide false, misleading or inaccurate information to Cix Health or any other user;

2. impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;

3. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;

4. access content or data not intended for You, or log onto a server or account that You are not authorized to access;

5. violate any applicable law or regulation;

6. attempt to probe, scan, or test the vulnerability of the Services, the Website, the App, or any associated system or network, or breach security or authentication measures without proper authorization;

7. interfere or attempt to interfere with the use of the Website, the App or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

8. forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services;

9. post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;

10. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Cix Health, You, or any other third party (including another user) to protect the Services;

11. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Cix Health in providing the Website or App. Any violation of this section may subject You to civil and/or criminal liability; or

12. encourage or enable any other individual to do any of the above.

Cix Health is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when we are required to. Cix Health reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.

WHO PROTECTS MY LOGIN INFORMATION?

Section 6

You will choose a username and password when you register for the Application. You are responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of any other user at any time. You agree to notify Cix Health immediately of any unauthorized use of Your account, username, and/or password. CIX HEALTH WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. You may be held liable for any losses incurred by Cix Health, its affiliates, officers, directors, employees, consultants, agents, and/or its representatives due to someone else’s use of Your account or password, regardless of whether You were aware of such use.

HOW DOES CIX HEALTH PROTECT MY PRIVACY?

Section 7

Cix Health respects the information You provide to us. Please see our Privacy Policy for an explanation of the information that we collect from You and how we use Your information that is NOT subject to the Health Insurance Portability and Accountability Act (“HIPAA”), which is the primary federal law governing the privacy of health information. By accessing or using the Website, App, or Services, or by downloading or uploading any content from or through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these terms.

By using the Services and accepting these Terms, You acknowledge that Cix Health may share Your Personal Date with other users (if you choose to allow this). We will seek Your consent before sharing your information with third parties according to the terms of the Privacy Policy.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.

EU Citizens and GDPR: Please see our Privacy Policy for specific information regarding Your rights under GDPR and Cix Health’s commitment to protecting those rights.

THE APP STORE AND GOOGLE PLAY

Section 8

If You downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, You acknowledge that You understand and agree to the following:

1. This Agreement is only between You and Cix Health, and not between You and the App Provider, and only Cix Health is responsible for the Application;

2. The App Provider has no obligation to furnish any maintenance or support services with respect to the App;

3. In the event of any failure of the App to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider will refund Your purchase price for the App to You (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation with respect to the App; and (iii) any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Our responsibility;

4. The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including without limitation: (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;

5. In the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; and

6. The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as they relate to Your license to use the App. This means that, upon Your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You.

Apple users only: If You downloaded the App from the App Store, the license granted to You in these Terms is non-transferable and is for use of the App on any Apple products that You own or control.

WHAT IS CIX HEALTH’S COPYRIGHT POLICY?

Section 9

By creating, posting, or sharing data, sound, and images on or through the Website or App (“Your User Content”), and subject to the Privacy Policy, You grant Cix Health a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Website, App, or other Cix Health products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will terminate after you stop using the Website and App. Cix Health reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.

You represent and warrant that: (i) you own the content posted by you on or through the Website or App or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Website or App does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Website or App does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of content you post on or through the Website or App. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

Cix Health may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Website or App.

Copyright Policy

Cix Health respects copyright law and expects its users to do the same.  It is Cix Health’s policy to terminate, in appropriate circumstances, users or other account holders who are believed to have infringed the rights of copyright holders.

Digital Millennium Copyright Act (DMCA) notifications for intellectual property infringement.

If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears in our Services, please provide Cix Health’s designated agent (listed below) the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled via the Application, and information reasonably sufficient to permit Cix Health to locate such material.

• Information reasonably sufficient to permit Cix Health to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Cix Health’s agent for notice of claims of copyright or trademark infringement on this App can be reached at:

Cix Health, LLC

Attn: Cix Health DMCA Agent

11325 Random Hills Road

Suite 360

Fairfax, Virginia 22030

Email: info@cixhealth.com

Please note that the procedure described above is exclusively for notifying Cix Health and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Cix Health’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.

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 valid DMCA take-down notice that we have received.  If you receive such notice from us, you may provide us with a counter-notification in writing to Cix Health’s copyright agent (listed above) that includes all of 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 Cix Health 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.

Termination of Repeat Infringers

Cix Health reserves the right, in its sole discretion, to terminate the account or access of any User of our Application who is the subject of repeated DMCA or other infringement notifications.

We may give notice of a claim of copyright infringement to our users by means of a general notice on our Website, electronic mail to Your email address in our records, or by written communication sent by first-class mail to Your address in our records, as determined in our sole discretion. In accordance with the DMCA and other applicable law, Cix Health has adopted a policy of terminating, in appropriate circumstances and at Cix Health’s sole discretion, members who are deemed to be repeat infringers. Cix Health may also at its sole discretion limit access to the Website and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.