Terms of Service
Mymee Inc. goal is to improve collaboration between healthcare providers and their patients. Mymee owns and operates the website www.mymee.com (the Site). Mymee also develops, distributes and operates certain software applications (Apps), both hosted and mobile applications. The Site and the Apps (and information they contain in any form (“Content”)) are collectively referred to as the Service.
The Service is available only to health care clinicians who subscribe to our Service and patients whom such health care clinicians authorize to enroll. These Terms of Service set out the terms on which Mymee will provide service to such patients.
The Mymee app is not intended and should never be used for urgent matters or for emergency situations. Please use the Mymee app only as instructed by your health care providers for routine care.
Your personal data from the Mymee app is available to you and your health care providers to help improve your care. It is also available to us at Mymee to improve our service and expand our knowledge about effective behavioral healthcare interventions.
Except for your health care providers, Mymee will never voluntarily disclose your identifiable personal data without your permission or except as otherwise in compliance with legal requirements.
Your data may be aggregated or shared in a form that removes your identity.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT REGISTER FOR, DOWNLOAD, ACCESS OR USE THE SERVICE. DOWNLOADING ANY APP, REGISTERING FOR OUR SERVICE OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF SERVICE, AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY THEM EXACTLY AS SET OUT HEREIN.
Mymee reserves the right, in its sole discretion, to update, modify or replace the Terms of Service (including any Policy), in whole or in part, at any time. Mymee will use reasonable efforts to communicate material changes in advance of the effective date of such change. Change notices may be communicated by postings on the Site, via the Apps, by e-mail or otherwise. You should periodically check the Policies and other Terms of Service for changes. Continued access or use of the Service following any change to the Terms of Service constitutes your acceptance to those changes.
Mymee may modify, suspend or terminate the Service (including without limitation, the Site or any App), in whole or in part, at any time.
The Service is intended by Mymee to be available only to individuals who (a) are at least 18 years hold, or are at least 13 years old and who have the express permission of their parent or guardian and (b) are specifically approved for registration by a Clinical Partner. As used in the Terms of Service: Clinical Partners are hospitals, clinics, practices or other medical groups or health care systems that have contracted with Mymee to permit use of the Service by their respective Clinicians and Patients; Clinicians are practitioners, patient advocates, coaches or other individuals who (as employees or contractors of a Clinical Partner) provide healthcare or related services to Patients; and Patients are individual patients of Clinical Partners or Clinicians who receive medical treatments or other healthcare services from one or more Clinicians, or individuals who are properly authorized representatives of any such Patient.
If you do not quality, then you are prohibited from downloading, accessing, using or registering for the Service. Mymee may take steps to remove information entered by any person who has not been authorized to use the Service and terminate that individual’s account, access and/or use of the Service. Mymee may refuse to accept your application to register for the Service, in its sole discretion.
Each Clinical Partner, not Mymee, is solely responsible for establishing the criteria and determining which of its Clinicians and Patients will be (and continue to be) eligible to use the Service. Without limiting the foregoing, each Clinical Partner is solely responsible for determining whether the Service will be (and continues to be) clinically appropriate and safe for each of its Patients. Mymee will comply with any instruction from a Clinical Partner to discontinue offering the Service to any of its Clinicians or Patients. In addition, Mymee may refuse to offer or continue offering the Service to any person and may change is eligibility criteria from time to time.
Although you may be able to visit the Site and download Apps without registering, you will not be able to access or use any valuable aspect of the Service without registering. To complete your registration, you need to be specifically identified by your Clinical Partner, who will provide you with the necessary registration password or credential.
The Service may be accessed: by visiting the Site directly; or by using an App that is downloaded from a Business Partner which then communicates with Mymee’s web servers. The term Channel Partner means any distribution platform operator or other third party who is authorized to make Apps available for distribution pursuant to arrangements with Mymee. Currently, the other Channel Partners are Apple Inc. (Apple) via the App Store and Google Inc. (Google) via Google Play. The term Business Partners refers to and includes all Clinical Partners and Channel Partners.
You must complete an account registration process and provide Mymee with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts. If some of all of your registration information has already been provided to Mymee by a Clinical Partner, then you will need to review and confirm, complete or correct your information.
You may be required to provide the following information to establish your account and register for and use the Service: name, address, telephone number, e-mail address, username, password and certain preferences and permissions. You are required to maintain and update your registration data from time to time, to ensure that it is always current, complete and accurate.
Upon acceptance, Mymee will activate the access credentials for your account. You are solely responsible for maintaining the confidentiality of your access credentials and other account information, and you will be solely liable for all activities under your account. You agree to notify Mymee immediately of any unauthorized use of your user account or any other breach of security related to the Service.
Fees and Payments.
For a limited period of time, Patients and Clinicians may access and use the Service without charge, but each of them is responsible for procuring all equipment and services needed to connect to the Service (for example, mobile phones, computers, and Internet and and data services). Mymee has the right to discontinue providing the Service without charge at any time and without prior notice.
Not Healthcare Services.
Mymee does not offer or provide medical advice, health insurance or other health care service, including without limitation, any medical counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, Healthcare Services). The Service is not a substitute for professional Healthcare Services. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition, and call 911 in an emergency.
The Service is intended only as a tool that can be used to assist Patients and Clinicians in coordinating, managing and communicating Healthcare Services. The Service is not intended for use in any emergency or urgent matter. As a result of its limited role as an intermediary between Patients and Clinicians, Mymee has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Healthcare Service. Therefore, you agree to release Mymee from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Healthcare Services (including any injuries or disability arising therefrom).
To the extent that any Health care Services are offered to any Patient, they are provided by the applicable Clinical Partner and its affiliated Clinicians, not Mymee. Accordingly, Healthcare Services are not deemed to be within the scope of Service provided by Mymee, and Mymee shall have no obligation or liability regarding Healthcare Services.
Mymee does not recommend or endorse any specific Clinical Partner, Clinician, or Healthcare Service.
Service Data and Analytics.
The Service collects, stores, processes and analyzes Service Data and produces Analytics. Accordingly, whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data.
The term Service Data means that all data and information that are provided by you during registration and subsequent use of the Service (including messaging related to Healthcare Services or in response to coaching), and all other data and information about you that are otherwise discerned or collected by Mymee based on your access and use of the Service. Service Data includes, but is not limited to: personal data; browser or device type; operating system; time of day; identification of Site or App pageviews; use of particular Service features (such as, for example, report requests or viewing or responding to queries form Clinicians); and geographic location.
The term Analytics means use profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of the Clinical Partner or any Clinician or Patient (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).
You hereby authorize Mymee to use your Service Data and Analytics in the manner and for the purposes described in these Terms of Service, including without limitation: to use Service Data to communicate with you, Clinician(s) and Clinical Partner; to include, copy, disclose, distribute, transmit and display Service Data in communications between Patient and his or her Clinician (and vice versa) that have been properly initiated via the Service; to access, record, collect, copy, store, process, analyze and use the Service Data to provide the Service (including with regard to the use of PHI in messaging between a Patient and his or her Clinician); to develop, improve, extend and test the Service (and underlying technology platforms); to design, develop and produce Analytics; and to disclose, distribute and transmit Service Data and/or Analytics to Clinical partners.
User Generated Content.
At this time, the Service does not provide permit Patients or Clinicians to cause or control the uploading or public posting Content they think may be of interest to other users, or that permit Patients to cause or control messaging with other Patients.
User Rules and Conduct.
The Site, Apps and all other aspects of the Service are provided only (a) in the case of Patients, for your personal, noncommercial use or (b) in the case of Clinicians, for use related to providing Healthcare Services to Patients (whichever applies, the Authorized Use). Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which you are not authorized, or any commercial use by you, such as, for example, reselling any App or marketing Healthcare Services) is expressly prohibited. You are solely responsible for all acts or omissions that occur under your account, username or password, including messaging conducted via the Service.
As a condition of use, you hereby promise not to use the Service for any purpose that is unlawful, or that is commercial in nature or that is prohibited by the Terms of Service, or for any other purpose not reasonably intended by Mymee. You agree to abide by all applicable local, state, national and international laws, regulations and rules applicable to the Service and your use of it.
By way of example, and not limitation, you agree not to (a) take any action or (b) provide any Service Data using any communications service, survey, feedback, App or other aspect of the Service, in any manner, that:
is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortuous, obscene, pornographic, profane or which otherwise violates the Terms of Service;
infringes any patent, trademark, trade secret, copyright, right or publicity, privacy right or other right of any person or entity;
reveals any confidential, proprietary or other information that you are required to keep secret, including without limitation, non-public Personal Data about another individual;
*discovers or reveals any personal information about another individual, including another person’s Personal Data or any other information that could be used to track, contact or impersonate that person, unless such information has been provided by that person in any public communication or forum;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form or lottery or gambling;
imposes an unreasonable or disproportionately large load on Mymee’s computing, storage or communications system and network, or attempts to gain unauthorized access to the Site, any App or other aspect of the Service (including the underlying technology platform), someone else’s Service Data, accounts, computer systems or networks connected to the Service, through password mining or otherwise;
contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Mymee or any Patient, Clinical Partner or other third party;
registers for or creates user accounts by any automated means or under false or misleading pretenses, including by the use of a false, misleading or disguised e-mail address;
harvests, scrapes or collects any information from the Service;
uses any script, bot or other automated means that only simulates compliance with the Terms of Service or other requirement applicable to the Service;
disguises the source of Service Data; or
impersonates any person or entity, including any Patient or any employee or representative of Mymee or any Business Partner.
Mymee may, at its sole discretion, immediately suspend or terminate your access to the Service should your conduct fail (or appear to fail) to strictly conform to any provision of this section.
Mymee has no obligation to monitor the Service or any user’s use thereof. However, Mymee reserves the right at any time and without notice to monitor, review, copy, retain or disclose any information as may reasonably be necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including any inquiry from law enforcement) or protect its commercial interests or proprietary rights.
You may be able to obtain an App, access the Service and/or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by Channel Partners and Clinical Partners. These other applications, devices, platforms and websites are not operated or controlled by Mymee, and you agree that Mymee is not responsible for the availability, accuracy, legality, appropriateness or any other aspect of the content or function of such applications, devices, platforms and websites. Any such connection to or from the Service does not constitute or imply any guarantee or endorsement by Mymee of that application, device, platform or website or any association with its operators. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites.
Advertising and Promotions.
At this time, the Service does not include advertisements or promotions for or offers from Mymee,TM Clinical Partners or other third parties.
The Service (including the Site, Apps and underlying technology platforms), and all Content created by or for Mymee (or its affiliates or licensors) and made available via the Service and are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Mymee (and its applicable affiliates and licensors) shall own and retain all right, title and interest (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by Mymee, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any part of the Service or Content. However, unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your Authorized Use; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Mymee’s express prior written permission.
IMPORTANT: If you desire to access or use the Service or Content for any purpose other than Authorized Use, then you must first secure permission from Mymee.
Reproducing, copying or distributing any App, Content, or design element from the Site or any App for any other purpose is strictly prohibited without Mymee’s express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.
If you provide Mymee with any idea, recommendation or other suggestion regarding possible corrections, changes, improvements or extensions related to the Service or Content (collectively, Feedback), in any form or by any means (whether through the Service, or by direct communication (e.g., e-mail) with Mymee or any of its officers, directors, employees, representatives, agents or Business Partners), then you:
represent and warrant that the Feedback does not include your own or any third party’s confidential or proprietary information; and
acknowledge and agree that Mymee is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
agree to grand and do hereby grant to Mymee and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner, in any media and for any purpose, and to permit third parties to do the same.
Mymee may immediately terminate your access to all or any part of the Service (including without limitation, any App) at any time, with or without cause (including without limitation, upon instruction from the applicable Clinical Partner), with or without notice. If you elect to terminate your registration and account, you may do so at any time by sending an e-mail (that includes your e-mail address) to [insert correct link].
Upon any termination, all rights and obligations of the parties under the Terms of Service shall cease, and you shall immediately stop accessing and using the Service and Content, except that (a) all obligations that accrued prior to the effective date of termination (including payment obligations, if any) and all remedies for breach of the Terms of Service shall survive, (b) Mymee may retain and use Service Data in the manner described herein, but without disclosing any Service Data unless in aggregated or de-identified form and (c) the provisions of those sections of the Terms of Service that should reasonably be understood to continue in effect shall survive (including without limitations, the sections entitled Not Healthcare Services, Service Data and Analytics, Proprietary Rights, Feedback License, No Warranties, Limitations of Liability and Indemnification). After termination, Mymee has no obligation to maintain any Service Data or to forward or preserve any unread or unsent messages to you or to any other user or third party.
THE SITE, APPS, THEIR CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE, APPS, THEIR CONTENT AND ALL OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NEITHER MYMEE NOR ANY OF ITS BUSINESS PARTNERS WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY SERVICE DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ARCHIVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
ALL REPRESENTATIONS AND WARRANTIES REGARDING HEALTHCARE SERVICES SHALL BE, IF AT ALL, ONLY AS EXPRESSLY AGREED BETWEEN PATIENTS AND THE APPLICABLE CLINICIANS AND/OR CLINICAL PARTNERS.
Limitations of Liability.
You agree that none of Mymee, its affiliates, licensors or Business Partners shall be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service. You agree that none of Mymee, its affiliates, licensors or Business Partners shall be responsible or liable for any Patient or Clinician’s threatening, defamatory, obscene, offensive, illegal or other conduct or for any Patient or Clinician’s violation of another person’s rights, including rights of publicity or privacy rights.
IN NO EVENT SHALL ANY OF MYMEE, ITS AFFILIATES, LICENSORS OR AND BUSINESS PARTNERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE, APPS, THEIR CONTENT OR OTHER ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS, OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE , IN EXCESS OF AMOUNTS YOU PAID TO MYMEE FOR THE SERVICE OR US $100.00, WHICHEVER IS GREATER, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN, NOTWITHSTANDING ANYTHING TO THE CONTRARY ABOVE, NOTHING IN THE TERMS OF SERVICES IS INTENDED TO LIMIT OR EXCLUDE LIABILITY OF ANY CLINICIAN OR CLINICAL PARTNER AS REGARDING ITS PERFORMANCE OF HEALTHCARE SERVICES.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to (a) defend Mymee, its affiliates, licensors and Business Partners, and their officers, directors, employees, contractors and representatives (Indemnitees) against any action or suit by a third part that arises out of your use or misuse of the Service, any transaction or other dealings between you and any other user or other Business Partner, or your breach of any of these Terms of Service or any representations, warranties or covenants made by you and (b) indemnify the Indemnitees for liabilities (resulting from settlements or judgment awards), costs and expenses (including without limitation, reasonable attorneys’ fees) related to such claims. In addition, Mymee reserves the right to assume the exclusive defense and control of any matter subject to the foregoing indemnity, in which event you will assist and cooperate with Mymee in asserting any available defenses.
You hereby expressly consent to the transmission, collection, storage, processing and use of the Analytics and your Service Data within, from and to the United States, in addition to the country where you are located (if not in the United States). Mymee makes no representation that the Service is accessible, appropriate, or legally available for use in locations outside the United States, and accessing and using the Service is prohibited in any location where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.
Governing Law; Arbitration.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any claim or cause of action arising out of or related to the Service must be commenced within 1 year after the claim or cause of action arose. Otherwise, such claim or cause of action is permanently barred.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, USA, excluding its conflicts of law rules. In the event of any conflict between the state or federal laws of the US and foreign laws, regulations and rules, the applicable state or federal US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Good shall not apply to the Terms of Service.
Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in New York, New York, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and ward rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.
Any arbitration under these Terms of Service will take place only on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND MYMEE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
The Terms of Service (including all then current Policies) are the entire agreement between you and Mymee with respect to access, use and operation of the Service, and supersede all prior or contemporaneous communications, proposals and agreements (whether oral, written or electronic) between you and Mymee with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Mymee’s prior written consent. Mymee may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Service. All notices under these Terms of Service other than Updates (which will be effective as provided above under “Updates”) will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail.
Copyright and Trademark Notices.
The Apps and Content provided by Mymee are copyright ©2017 Mymee Inc. [and/or its licensors or suppliers].
Mymee is the trademark of Mymee Inc.. The names and logos of companies, products or services mentioned at the Site and in any App may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Mymee and such owners.
All rights not expressly granted herein are reserved.
Channel Partner Terms.
In the event that you obtain any App from Apple or Google, then the following shall apply:
Both you and Mymee acknowledge that the agreements in the Terms of Service are concluded between you and Mymee only, and not with Apple and/or Google, and that Apple and Google are not responsible for the App or its Content;
You will only use the App in connection with an iOS or Android device that you own or control;
You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App;
In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple or Google (as the case may be) of such failure, upon notification, and their sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App;
You acknowledge and agree that Mymee, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the App;
You acknowledge and agree that, 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, Mymee, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You acknowledge and agree that, in using the App and its Content, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
You acknowledge and agree that Apple, Google and their subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of the Terms of Service, Apple and Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as the third party beneficiary hereof; and
If you use the App to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
If you have any questions regarding the Terms of Service or your dealings with the Service, please visit www.mymee.com/terms-of-service or contact us at:
110 E 25th Street
New York, NY 11010