(“augGI”)
Welcome to auggi’s digital gut wellness coach (together, the “Product”). The Product is designed as a chatbot-based tool for you, as an individual who deals with chronic gastrointestinal symptoms, to log information about diet, lifestyle and symptoms and understand the unique attributes of your gastrointestinal system, so that you can make better decisions to keep your symptoms at bay.
Before you can use the Product, you will need to review these Terms of Use (as well as our Privacy Policy). The Product will be made available to you only if you agree to adhere to and comply with these Terms of Use (and consent to our use/disclosure of your information in accordance with our Privacy Policy).
1. Age Requirement. You represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use the Product.
2. Medical Emergency. IF AT ANY TIME YOU EXPERIENCE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR GO TO THE CLOSEST EMERGENCY ROOM OR OPEN URGENT CARE CLINIC.
3. Product Does Not Provide Professional Health Care Advice. You acknowledge that the content, suggestions, data analytics and other information that is provided to you through the Product (collectively, “augGI Information”), including but not limited to, augGI Information that is directly based on the personal information you share, store, or otherwise provide through your use of the Product (e.g., information regarding your lifestyle, gastrointestinal symptoms, stool (including photos), use of medications, and other relevant lifestyle activities (e.g., exercise)) (“Your Submissions”), is provided by individuals who are not trained, licensed, certified or registered as health care professionals, and the provision of such augGI Information to you does not constitute professional health care advice. augGI Information shared by augGI or made available through the Product is not intended to be the provision of health care but is instead provided to assist you in completing your self-assessment. You also acknowledge that the Product is not a replacement or substitute for medical treatment or your relationship(s) with your health care provider(s).
4. Required Technology. The Product utilizes a chatbot that is usable through the Telegram platform. As such, in order to use the Product, you will be required to download the Telegram app to your compatible personal smartphone device. Please note that the Telegram platform (including the Telegram app) is developed, published and maintained by one or more third parties not affiliated with augGI. Your use of Telegram will be subject to all terms and conditions and privacy policies applicable to Telegram. augGI does not control the collection, use or disclosure of information in connection with Telegram. augGI makes no warranties whatsoever relating to the Telegram app or the results of the use thereof, and you agree that you assume all risk relating thereto.
5. Security of Account. You will be required to sign up for an account, select a username and answer some questions related to your background and needs. Your account and username are personal to you. You should promptly notify us of any suspected unauthorized use of your account.
6. Acceptable Use. augGI grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Product for personal, non-commercial purposes. Your use is limited as follows:
· You will not use the Product for unlawful purposes and you will comply with all applicable laws and regulations while using the Product.
· You must not interfere, disrupt or damage the operation of the Product, including by transmitting any viruses, worms, spyware, malware or any other code of a destructive or disruptive nature.
· You may not distribute, modify, copy (except as set forth in these Terms of Use), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Product without augGI’s written permission.
· You will not use the Product to access or collect personally identifiable information about other users of the Product.
· You will not allow any other person to use your identification to access or use the Product.
· You will not infringe the copyright or other intellectual property rights of augGI or others or violate the privacy or publicity rights of augGI or others.
· You may electronically copy and print to hard copy portions of our Product for the sole purpose of using materials it contains for informational and non-commercial, personal use only, provided you keep all copyright or other proprietary notices intact.
· We make no representations that the content in the Product may be used or downloaded outside of the United States. If you access or use the Product from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you do so.
7. Text Messaging. You are solely responsible for any and all charges, fees and other costs related to use of the Product. If you access and use the Product on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider. The Product requires text messaging (SMS or MMS) capability. You agree that you are solely responsible for all message and data charges that you incur from your mobile service provider. We do not impose a separate charge for any text messaging, but message and data rates may apply. All charges are billed by and payable to your mobile service provider. augGI is not liable for any delay in the receipt of any text message, as delivery is subject to effective transmission from your mobile service provider. Text messages are provided on an "as is" basis and may not be available in all areas at all times. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you will depend on your transactions with us. By agreeing to receive text messages, you understand and agree that augGI may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
8. Privacy. You acknowledge that the Internet may be subject to breaches of security and that the submission of information may not be secure. All user-specific information provided by you in connection with the Product shall be governed by the Privacy Policy which can be found at: https://www.auggi.ai/privacy. You understand that you will be required to review and accept all terms and conditions contained within the Privacy Policy before you may use the Product.
9. Intellectual Property.
a. With the exception of your account information and personal information you share, store, or otherwise provide through your use of the Product (“Your Submissions”), augGI retains all right, title and interest in the Product and any information and other materials related to the Product, all software used to operate the Product, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary rights in the Product and its related software and data services, except for information and technology licensed by augGI, in which case the applicable licensor retains title and ownership rights.
b. You agree that you will not store, copy, modify, reproduce, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Product. You will not use, modify, sell, assign or transfer the content or reproduce, display, distribute or otherwise use the Product or any Product content in any way for any public or commercial purpose with the exception of Your Submissions. Nothing contained in the Product should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed in connection with the Product without the written grant thereof by augGI or the third party owner of such trademarks, service marks and logos.
c. augGI maintains the right to all content and to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, in violation of a copyright, trademark or other intellectual property or ownership right of any person or that violates these Terms of Use.
d. All comments, feedback, suggestions, and ideas disclosed, submitted, or offered by you in connection with your use of the Product (“Your Input”) will be the exclusive property of augGI. You agree that unless otherwise prohibited by law, augGI may use, sell, exploit, disclose, revise, and delete Your Input in any manner, without restriction, without compensation to you, and without identifying you as the creator.
10. Links to Other Websites. The Product may include links to third party sites or services, or information about third party products or services. You should review the terms of use and privacy policies of any sites and services you link to from or are referred to through the Product. We do not endorse or take responsibility for these third party offerings. Any correspondence or business dealings with third parties found through us or the Product are solely between you and the third party.
11. Right to Modify.
a. We reserve the right to change or remove any part of the Product at any time without notice.
b. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link at the bottom of the home page of our website. We reserve the right to modify these Terms of Use at any time, effective upon posting. Your continued use of the Product following such changes will be deemed to be an acceptance of any changes.
12. Possible Interruptions. Although it is augGI’s intention for the Project to be available at all times, there will be occasions when its availability may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. augGI will not be liable to you for any modification, suspension, or discontinuation of the Product, or the loss of any content.
13. Information Resources (Opt-In). By using the Product, you agree to opt-in to the receipt of a variety of communications (including but not limited to emails, telephone calls, short messaging services, newsletters, and other forms of information) regarding common health related topics or preventive care messages containing specific health related information, and links to other related information. These communications and resources are for general educational and informational purposes only and should not be relied upon as a substitute for therapy, treatment or health care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by augGI. augGI makes no warranty as to the content of these materials or the information contained therein. If you do not wish to receive such communications, you may opt-out at any time by submitting a request via auggi’s ‘help’ functionality or via the auggiSupportBot on Telegram.
14. DISCLAIMERS.
a. AUGGI MAKES NO REPRESENTATIONS OR GUARANTEES CONCERNING THE PRODUCT, ANY CONTENT ASSOCIATED WITH USE OF THE PRODUCT, OR ANY SERVICES PROVIDED BY AUGGI. YOU EXPRESSLY AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW; IF ANY WARRANTY IS LEGALLY REQUIRED IT SHALL ENDURE FOR 30 DAYS OR, IF OTHER, THE MINIMUM PERIOD REQUIRED BY LAW). WITHOUT LIMITING THE FOREGOING, NEITHER AUGGI NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "THE AUGGI PARTIES") WARRANT THAT THE PRODUCT OR ANY RELATED SERVICES, DATA OR REPORTS PROVIDED BY AUGGI WILL BE UNINTERRUPTED, UNCORRUPTED, TIMELY, SECURE, RELIABLE, RETRIEVABLE, OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCT AND YOUR RELIANCE UPON ANY AUGGI INFORMATION IS AT YOUR SOLE RISK.
b. EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION, YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO OR ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF YOUR SUBMISSIONS CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. AUGGI CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE AUGGI INFORMAITON, RECOMMENDATIONS, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE PRODUCT.
15. LIMITATION OF LIABILITY. AUGGI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT OR ANY AUGGI INFORMATION MADE AVAILABLE THROUGH THE PRODUCT. IN THE EVENT THAT THE FOREGOING EXCLUSION OF LIABILITY IS HELD UNENFORCEABLE, UNDER NO CIRCUMSTANCES SHALL ANY OF THE AUGGI PARTIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIQUIDATED SUM THAT IS EQUAL TO THE AMOUNT YOU PAID TO AUGGI FOR USE OF THE PRODUCT, TO THE EXTENT PERMITTED BY LAW.
16. Indemnification. You hereby release, indemnify and hold the augGI Parties harmless from any and all claims, demands, liabilities and damages (including costs and attorney’s fees) of every kind and nature arising out of or in any way connected with your use of the Product or your violation of these Terms of Use or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right. You agree that the provisions in this paragraph will survive any termination of your account, your use of the Product, or these Terms of Use.
17. Termination. We reserve the right to terminate your use of the Product at any time for any reason. You may deactivate your account by submitting a request via auggi’s ‘help’ functionality or via the auggiSupportBot on Telegram. Account termination may result in destruction of content associated with your account and data will no longer be accessible through your account. Termination will not affect certain obligations such as, but not limited to, your obligation to pay or indemnify us, any limits on our liability, any terms regarding ownership or intellectual property rights, or terms regarding disputes.
18. Governing Law. These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflict-of-law provisions), regardless of your location. Any civil action or legal proceeding arising out of or relating to these Terms of Use, your use of the Product, or our Privacy Policy shall be brought in the applicable Federal or State court located in Massachusetts. You consent to the jurisdiction of such court in any such civil action or legal proceeding and waive any objection to the laying of venue of any such civil action or legal proceeding in such court.
19. Waiver/Severability/Time Limits on Claims. The failure of augGI to enforce any provision of these Terms of Use will not constitute a waiver of any rights. If any provision of these Terms of Use is found illegal or unenforceable, in whole or in part, you agree that the court should endeavor to give effect to augGI’s intentions as reflected in the provision and that the other provisions of these Terms of Use remain in full force and effect. You agree that any claim you may have arising out of or related to your relationship with augGI must be filed within one year after such claim arose or your claim is permanently banned.
Effective Date: December 12, 2019