Terms of use
Updated: March 1, 2021
IMPORTANT, PLEASE READ CAREFULLY: YOUR USE OF AND ACCESS TO THE MOBILE APPLICATION AND WEB PLATFORM (COLLECTIVELY, THE “APP”) OF ALIKE LTD. (“WE, US, “ALIKE”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
BY CLICKING THE “I AGREE” BUTTON/BOX OR BY UTILIZING THE APP YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, ALL EXHIBITS AND INCORPORATED POLICIES (THE “TERMS”). THE APP IS NOT AVAILABLE TO PERSONS WHO ARE UNDER THE AGE OF 18 OR WHO ARE OTHERWISE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE APP.
Your right to access or use the App can be terminated if you violate these Terms. We reserve the right to revise these Terms at any time. Your continued use of the App shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Any rights not expressly granted herein are reserved. Please check back periodically to review any changes to the Terms. Please see Section 13 below regarding your legal rights in any dispute involving our App.
1. Our App
The App is designed to allow you to learn from other users and see how people with similar characteristics are treated. In addition, the App allows you to directly interact with users who are similar to you to discuss various health matters. We select people who are similar to you based on the medical records and additional information that they have voluntarily shared with us via the App.
Please note that any information you share with us is displayed to other users as an avatar, on an anonymous and non-identifiable basis. Please be careful with your privacy. Do not use an identifiable user nickname and do not provide any personally identifiable information when interacting with other users as part of using the App. PLEASE NOTE that although the App aims to present people with similar characteristics to yours, you should take into account that different people respond in a different manner to treatments and that each person has a different background and different problems that may affect their treatment.
Any information presented via the App (whether from another user, physicians and other health care providers, or otherwise through the App), should be treated as general information and not as medical advice or recommendation for treatment or as a substitute for medical treatment.
Please note that all information presented regarding medications are summaries and do not contain all possible information about those products. For more complete information about those products or your specific health needs, ask your healthcare professional. Always seek the advice of your healthcare professional if you have any questions about a product or your medical condition. Information presented via the App is not intended as individual medical advice and does not substitute for the knowledge and judgment of your healthcare professional. This information does not contain any assurances that a particular product is safe, effective or appropriate for you. The App may contain information about products that may not be approved, cleared, or authorized in your geographic region or location. You may see information about products that are not available in your locale.
Before taking any action that may affect your health, please consult your physician.
The App is not intended to provide medical advice and does not constitute a substitute for professional advice. You may not rely on the information in the App for diagnosis or treatment.
This App is not suitable for medical emergencies, and if an emergency situation occurs, medical attention should be sought immediately by calling 911 (or other applicable emergency number in your locale). Please note that we do not recommend tests, treatments, doctors, therapists, products or procedures, nor do we recommend relying on recommendations or opinions or other information that may be provided through the App. Reliance on any information provided through the App, whether by other users, physicians and other health care providers, or otherwise is solely at your own risk.
All information you provide or that is otherwise provided to us in connection with your use of the App, must be true, accurate, current, and complete and you agree to update your information as necessary to maintain its accuracy. You are responsible for keeping your password or other credentials for the App secret and secure. You agree to immediately notify us of any actual or suspected unauthorized use of your password or other credentials or any other breach of security.
You agree that we have no obligation to provide you with any support or maintenance in connection with the App, and that we reserve the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.
Technical Requirements: Ensure you meet the technical requirements for optimal use of the web version. This includes having an updated browser and a stable internet connection.
2. Interactions with other users of the App
The App allows you to interact with other users of the App. You are solely responsible for such interactions whether online or offline and you are asked to act responsibly in any interaction, including by avoiding statements that may be construed as medical advice and/or abusive statements. We reserve the right, but have no obligation, to monitor the interactions between you and other users. We will have no liability for any of your interactions via the App, or for any user’s action or omission. Without prejudice to the above, we are not responsible for any interaction between you and another user of the App.
3. Interactions with Physicians and other Health Care Providers.
As part of the App, you may be able to interact with physicians or other health care providers on general medical issues. It is important to note that such interaction is not an individual medical consultation, and the physicians and other health care providers do not know your medical condition or history. Any interaction will be limited to general medical issues, is not intended to create any patient-provider relationship, and may not be relied upon for the purpose of making any decisions, including medical ones. Without derogating from the above, we are not responsible for any interaction between you and a physician within the App.
4. Cost of Use
Until further notice, we will not charge you for your use of the App. You are responsible for paying all costs related to the transmission of data required to use the App (downloading, installing, launching, and using). We shall not be liable for fees charged by third parties.
5. What you are not allowed to do in the App
You undertake: (a) not to use the App or otherwise act when using the App in a fraudulent, illegal, malicious or negligent manner; (B) not to upload or share on the App anything that infringes the intellectual property rights of another, including copyrights, moral rights or trademarks; (C) not to perform any action that imposes an unreasonably or disproportionately large load on the App or the related infrastructure; (D) not to upload or share hostile computer codes (such as Trojan horses, worms, etc.) in the App; (E) not to upload or share in the App any information which you are not authorized to share, or any information concerning minors (whether by identifying them, or disclosing their personal details or their address and ways of contacting them); (F) not to use offensive or insulting language, etc.; and (g) not to publish commercial or marketing content.
You further agree not to (a) decompile, reverse engineer, disassemble, modify, reduce the App to human readable form or create derivative works based upon the App or any part thereof; (b) disable any licensing or control features of the App, (c) merge the App with another program; (d) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the access to the App to others. You may not access or use the App by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the App. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the App for any purpose whatsoever.
6. User Content
“User Content” means any and all information, data and content that a user submits to, or uses with, the App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Terms or applicable law. We are not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, for the purposes of including your User Content in the App. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, suspending or terminating your access to the App, and/or reporting you to law enforcement authorities.
Each user of the App is solely responsible for any and all of its own User Content. You acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
7. Privacy and Data Security
Your privacy is important to us. We handle user data securely across both platforms. Please review our Privacy Policy for details on data handling, storage, and security measures specific to both the mobile app and web platform.8. Cookies and Web TrackingThe web platform may use cookies and other tracking technologies to enhance your experience. Please review our Cookie Policy for more information.
8. Reporting Infringement and Other Violations
We respect the intellectual property rights of others, and we prohibit users of our App from (i) submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights, or (ii) engaging in any activities that violate these Terms. Please report any such issues to us via the contact information provided at the end of these Terms.
9. Our Intellectual Property Rights
Excluding any content that you may provide, you acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the App and its content are owned by us or our suppliers. Neither the Terms, nor your access to the App, transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. There are no implied licenses granted under the Terms. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the App for lawful purposes in accordance with our Terms and Privacy Policy, and the governing terms of any business relationship you have with us (if any). The App contains information owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the App. Except as provided herein or with our express prior written permission, none of the information provided by the App may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes. Trademarks that may be referred to in the App are the property of Alike Ltd. or their respective owners. Nothing in the App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our prior written permission in each instance. This applies to both the mobile app and web platform.
If you provide us with any feedback or suggestions regarding the App (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
10. Links to other sites
The App may contain links to third party sites and applications. Access to any other website or application referenced in the App is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on other sites or applications. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation or approval. The content, accuracy, opinions expressed and other links provided by other sites and applications are not investigated, verified, monitored or endorsed by us. If you decide to visit, or transact business at any other site or application, you do so at your own risk and it is your responsibility to take all protective measures. The third party sites and applications are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
11. Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE APP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
We may update our App from time to time, but it will not necessarily be complete or up-to-date. Although it is our intention for the App to be available as much as possible, there may be occasions when the App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the App for any reason, without prior notice. Content removed from the App may be deleted by us or may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence. For New Jersey Residents: Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.
12. Indemnification
You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the App and the content you submit to the App by any means, including without limitation through a posting, a link, reference to other content, or otherwise.
13. Governing Law; Arbitration and Class Action Waiver
THE LAWS OF THE STATE OF NEW YORK WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE APP, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding claims for injunctive or other equitable relief, any dispute or controversy arising out of or relating to these Terms or the App, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in New York, New York or, at the option of the party seeking relief, online, by telephone, or via written submissions alone, and will be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
We make no representation that the App is appropriate or available for use in all jurisdictions. Access to any part of the App from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the App from such jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
14. General
You agree that (i) you have read and have understood and agree to be bound by these Terms, (ii) these Terms, together with our posted Privacy Policy, which is incorporated herein by reference, constitute the complete and exclusive statement of the agreement between you and us, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms.
If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the App.
The communications between you and us use electronic means, whether you use the App or send us emails, or whether we post notices on the App or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Neither party will be responsible to the other for any delay in performing under the Terms which results from civil disturbance, undeclared or declared war or other hostilities, acts of terrorism, acts of anarchy, labor strikes or interruptions, earthquakes or other acts of Nature or acts of God, governmental orders, diseases, pandemics, or any cause beyond the reasonable control of such party.
Certain items of independent, third-party code may be included in the App that are subject to the GNU General Public License (“GPL”) or other open-source licenses (“Open-Source Software”). The Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for such Open-Source Software. In particular, nothing in the Terms restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of the GPL.
15. Virtual Stores
(i) These Terms are concluded between you and us, and not between you and Apple Inc. or any of its respective affiliates and/or subsidiaries (collectively, as "Apple"), or between you and Google Inc. or any of its respective affiliates and/or subsidiaries (collectively, "Google") (Apple and Google shall be referred to, collectively, as the "Virtual Stores"); (ii) Your use of the App on your mobile device is subject to the Virtual Stores' respective terms and conditions applicable to the Virtual Stores (as may be amended from time to time by the Virtual Stores), and you agree to be bound by such terms; (iii) the Virtual Stores bear no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with maintenance and support services; (iv) You will have no claims, and you waive any and all rights and causes of action against the Virtual Stores with respect to the App or the Terms, and (v) Each of the Virtual Stores are third party beneficiaries of the Terms and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
Access and UsageBy accessing or using Alike via the mobile app or web platform, you agree to be bound by these terms and any additional terms that may apply.
15. Contact Information
If you have any questions, concerns or comments about these Terms or our App, please feel free to contact us anytime via e-mail at hello@alike.health 💛
