Terms of Service

Last updated: March 28, 2020
Zen Health Technologies, Inc. (“Zen Health Technologies,” “us,” “we,” or “our”) is pleased to provide you with the Zen Health website, https://zenhealthtech.com (the “Site”). Please read these Terms of Service (“Agreement”) carefully, as they govern your use and access to the Site. Please note that our mBrace Application and Software is governed by a different agreement
By using and accessing the Site, you are agreeing to be bound by the terms and conditions of this Agreement and the Site’s corresponding Privacy Policy. This Agreement is a legal agreement between you and Zen Health Technologies, and it governs your use of the Site. If you do not agree to the terms of this Agreement or our website’s Privacy Policy, please do not use or access the Site.
In addition, please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.

THE SITE

Our Site is designed to provide you with information regarding our services and our mBrace Application and Software (the “Intended Purpose”). The information and content on the Site is intended for educational purposes only. The use of any information provided through the Site is solely at your own risk, and you should not rely on this information as a substitute for professional medical advice, diagnosis, and/or treatment. We do not guarantee that the Site or the mBrace Application or Software will improve your decision-making skills, or otherwise improve your life in general.

SECURITY & MONITORING

You are solely responsible for maintaining the security of your computer, browser, and any applicable passwords. You agree to accept responsibility for any and all activities or actions that occur under your computer, browser and/or passwords, whether your use is with our Site or a third-party service. You acknowledge and agree that we have the right to monitor the Site electronically from time to time, and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

RESTRICTIONS

You agree not to, and you will not permit others to:
Use the Site only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for anything other than the Intended Purpose. Specifically, you shall NOT use the Site in any manner that is prohibited by this Agreement, the Policies, or which is illegal or prohibited by applicable law.
Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
Be over the age of 18 and capable of giving legal consent. This Site is not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Site and our mBrace Application and Software. By agreeing to this Agreement and using the Application, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
Not be previously prohibited from using the Site. The Site may not be used by anyone we previously prohibited from using the Site.

In addition, YOU SPECIFICALLY AGREE THAT YOU WILL NOT:

  • Use the Site to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
  • Use the Site to “stalk” or otherwise harass another.
  • Use the Site to collect or store personally identifying information about others without their permission.
  • During your use of Site, impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
  • When using the Site, use misleading email address or enter false and/or misleading information.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Use the Site to “stalk” or otherwise harass another.
  • Use the Site to collect or store personally identifying information about others without their permission.
  • During your use of Site, impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
  • When using the Site, use misleading email address or enter false and/or misleading information.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Use the Site to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Use the Site to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
  • Conduct your own contests and promotions using the Site, or use the Site to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
  • Resell, repackage, or provide others with content or materials that you received through the Site.
  • Incorporate information or content from our Site into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based or otherwise.
  • Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
  • Interfere with or disrupt the Site or servers or networks connected to the Site.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Site.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of this Agreement or our Policies.
  • Use the Site to cause harm to anyone.
  • Use the Site in lieu of, or to replace the need for, a medical professional, or to diagnose a health issue.
  • Make the Site available to any third party.
  • Copy or use the Site for any purpose other than the Intended Purpose.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Zen Health Technologies or its affiliates, partners, or suppliers.
  • Use the Site in any manner that violates the Policies.

USER CONTENT

You are responsible for information, text, graphics, photographs, or other material (“Content”) you post publicly on the Site, including its legality, reliability, and appropriateness. By posting Content on or through the Site, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating this Agreement.
You retain any rights you have to the Content you submit, post or display on or through the Site, and you are solely responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site.
Zen Health Technologies has the right but not the obligation to monitor and remove all Content provided by users. To the extent that you voluntarily post information about yourself publicly, such as a review, you understand and agree that your information is publicly accessible and Zen Health Technologies cannot, and will not, monitor or protect such information in any way.
You may delete or download the Content you have posted on the Site by emailing us at research@zenhealthtech.com. We reserve the right to delete your data and Content in the event you cancel your Subscription or we terminate your Account and access to the Site.
Content found on or through the Site that was not created by you is the property of Zen Health Technologies or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content on the Site infringes on the copyright or other intellectual property rights of any person or entity.
DMCA Compliance & Notice. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent listed below with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). To expedite our ability to process your request, please use the following format:
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Site;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, 
and, e-mail address;
  • 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 owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the 
copyright owner or are authorized to act on behalf of the owner.
DMCA Counter Notice. If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:
  • A physical or electronic signature of the subscriber.
  • 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 under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. This Agreement is not legal advice, and we are not attorneys or copyright experts. Please consult with your legal representative if you believe your rights are being infringed, or if you wish to respond to an infringement notice. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
You can contact our Copyright Agent via email at research@zenhealthtech.com, or via mail at Zen Health Technologies, Inc., 6965 El Camino Real #105-646, Carlsbad, CA 92009, U.S.A.
Third party providers may have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.

OUR INTELLECTUAL PROPERTY

Our Intellectual Property. All content owned by Zen Health Technologies, including but not limited to the overall look and feel of the Site and all copyrights, patents, trademarks, trade secrets and other intellectual property rights related to the Site, mBrace Application and Software are, and shall remain, the sole and exclusive property of Zen Health Technologies (the “Zen Health IP”).
Grant of License. We grant you a revocable, non-exclusive, non-transferable, limited license to use the Site solely for your personal, non-commercial purposes in strict accordance to the terms of this Agreement and the Intended Purpose. This license and your right to use the Site immediately terminates upon the termination of this Agreement. To be clear, upon termination of this Agreement, you shall immediately cease all use of the Zen Health IP, including your use of the Site.

THIRD PARTY LINKS AND SERVICES LINKS TO THIRD PARTY WEB SITES

The Site may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Zen Health Technologies shall not be directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by any Third-Party Services, including the Third-Party Services’ accuracy, completeness, timeliness, validity, copyright compliance, use of your personal information or Content, legality, decency, quality or any other aspect thereof. Zen Health Technologies does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Zen Health Technologies with respect to the Site and the mBrace Application and Software shall remain the sole and exclusive property of Zen Health Technologies. Zen Health Technologies shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

MODIFICATIONS & UPDATES TO THE SITE

Zen Health Technologies reserves the right to temporarily or permanently modify, suspend or discontinue the Site or any service to which it connects, with or without notice, and without liability to you.
Zen Health Technologies may also provide enhancements or improvements to the features/functionality of the Site, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Site. You agree that Zen Health Technologies has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Site to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Site, and (ii) subject to the terms and conditions of this Agreement.