Terms of Service
This Terms of Service (this “Terms of Service”) constitutes a binding contract between you and BE Health Throughout this Terms of Service, we will refer to you as “you”, we will refer to BE Health as “we”, “us”, or “BE Health”. This Terms of Service governs your use of the website (“Website”) and any mobile applications (each, an “App”) or other Internet services under the Company’s control and used to provide the Company’s services to you (the Website, Apps, and such Internet services are, collectively, termed the “Service”).
BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.
1. Summary of Material Terms.
As provided in greater detail in this Terms of Service (and without limiting the express language of this Terms of Service), you acknowledge the following:
• the App is licensed, not sold to you, and that you may use the Service only as set forth in this Terms of Service;
• the use of the Service may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility;
• the App and Service are provided “as is” without warranties of any kind and Company’s liability to you is limited;
• disputes arising hereunder will be governed by the laws of the Republic of China (Taiwan) (“Taiwan”).
a. [The Service provides a platform for professionals (“Users”) to connect and meet new people.]
b. Third Party Fees. You may incur third party fees through use of the Service. In addition, you may be subject to third party terms, through your use of the Service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
c. Changes to the Terms of Service. We may revise this Terms of Service at any time to take account of changes in the law, or for any other reason. If we update the Terms of Service, we will post a new version on the Website and within the App. As soon as you use the Service after the updated Terms of Service is posted, you will be deemed to have agreed to the updated version. Your continued use of the Service after a change to the Terms of Service constitutes your binding acceptance of the Terms of Service.
d. Age Limitation. No part of the Service is directed to persons under the age of 21. IF YOU ARE UNDER 20 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
3. Scope of License to Users.
a. License Grant to You. The Service is licensed, not sold, to you for use only under the terms of this Terms of Service. Subject to your complete and ongoing compliance with the terms and conditions of this Terms of Service, Company hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your own use. The Service is for your personal, non-commercial use only.
b. License Limitations. You may not directly rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms of Service, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
c. Applicability to Updates. The terms of the Terms of Service will govern any updates provided to you by BE Health that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license or revised Terms of Service, in which case the terms of that license or revised Terms of Service will govern.
4. Registration and Eligibility.
a. Registration. Unless otherwise provided herein, anyone may apply to be a part of the Service by logging in through the social media networks identified on the Service, such as Facebook and Google+ (collectively, “Social Networks”). We reserve the right to disallow anyone from registering for the Service.
b. Account Security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. You shall be solely responsible for maintaining the confidentiality of your password. If you have any reason to believe that your account has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company via e-mail at BE Health. You will be solely responsible for the losses incurred by BE Health and others due to any unauthorized use of your account.
5. Content You Submit; License Grants From You.
a. Your Content. When you log in, we will collect the information you have made publicly available in your Social Networks, or have otherwise authorized your Social Networks to share with third party applications like ours, such as your profile picture, education, and relationship status information (collectively, “Social Content”). We use your Social Content to populate your profile on the Service (your “Profile”) and suggest Prospects to you. Company claims no ownership or control over your Social Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of your Social Content. You are responsible for protecting those rights.
b. License Grants to BE Health. By logging into the Service, you grant BE Health a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display your Social Content in order to facilitate the display of your Social Content to you and other Users.
c. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own your Social Content or otherwise have the right to grant the license set forth in this Terms of Service, (ii) the use of your Social Content on or through the Service does not violate the trade secret rights, privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Social Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of your Social Content that you post on or through the Service. You also acknowledge and agree that your Social Content is non-confidential and non-proprietary.
d. Privacy. We do not show your Profile to all Users. Upon your request and through the information we obtain from your Social Networks, we will use commercially reasonable efforts to display your Profile only to Users that you are not connected with on a Social Network (e.g., your Facebook or Google+ friends). We are not responsible for privacy practices of the other Users who will view and use the posted information.
6. Sending Messages Through the Service; Inviting Friends.
a. The Service may allow Users to send messages (“Messages”) to other Users. Sending Messages is a privilege, not a right, and BE Health may terminate such privileges of any User at any time and for any reason, without any liability to such User. If a User sends you an objectionable Message, then please notify us by sending an e-mail to firstname.lastname@example.org. You agree that BE Health may monitor Messages for compliance with this Terms of Service, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transmission to the intended recipient through the Service and for such other purpose as Company may deem appropriate in its sole discretion.
b. Inviting Friends. Company may offer you the ability to invite your friends to use the Service by sending them a text message from your phone. You represent and warrant you will only send text messages through the Service to people who have given you their express consent to be text messaged, and you hereby agree to indemnify and hold Company harmless from any and all claims arising out of your sending text messages to any person. You are responsible for all fees and charges associated with such messages.
7. Third Party Materials; Company Content.
a. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from BE Health(collectively, “Company Content” and, together with Third Party Materials, but excluding your Social Content, “Service Content”), that may be offensive, indecent, or objectionable. You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk. BE Health will not have any liability to you for any Service Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
b. In addition, third party services and Service Content that may be accessed from, displayed on, or linked to your device are not available in all languages or in all countries. Company makes no representation that the Service, any third-party services, and Service Content are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
8. Your Use of the Service and Service Content.
Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
a. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this Terms of Service.
b. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without Company’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Company’s express written consent:
i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to Company or obtained from the Service.
c. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
d. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this Terms of Service, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Company.
e. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Company makes available the means for embedding any part of the Service or Service Content.
f. You agree not to access, tamper with, or use non-public areas of the Service, Company’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Company’s providers.
g. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Company employees and other Users.
h. You agree not to provide any false personal information to Company or any other User, or create a false identify or impersonate another person or entity in any way.
j. You agree not to solicit, or attempt to solicit, personal information from other Users.
k. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
l. You agree not to use the Service, without Company’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in this Terms of Service.
m. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
n. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
o. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
p. You agree not to violate any applicable laws or regulations or this Terms of Service.
q. You agree not to assist or permit any persons in engaging in any of the activities described above.
9. Consent to Use of Data.
You agree that Company may collect and use technical data and related information, including, but not limited to, UDID, device location, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.
The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of Company and its licensors. Except for the limited licenses expressly granted to you under this Terms of Service, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this Terms of Service, either expressly, or by implication, estoppel or otherwise.
11. Consequences of Violating These Terms.
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. Company may review and remove any of your Social Content at any time for any reason, including activity which, in its sole judgment: violates the Terms of Service; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by, or arising out of, your breach of this Terms of Service and your use of the Service.
12. Company’s Liability.
a. Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
b. Background Checks. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE CURRENTLY DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON USERS OF THE SERVICE. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. Company RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
c. User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. This includes disputes between Users. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Company of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service. Company makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL Company AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF BUSINESS, LOST PROFITS, TRADE SECRET MISAPPROPRIATION, INTELLECTUAL PROPERTY INFRINGEMENT, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. ALL USERS OF THE SERVICE HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED THAT ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.
d. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service.
e. Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
f. We make no promises and disclaim all liability of specific results from the use of the Service.
This Terms of Service is effective until terminated by you or Company. Your rights under this Terms of Service will terminate automatically from Company if you fail to comply with any term(s) of this Terms of Service (including by violating any license restriction provided herein). You may terminate the Terms of Service by emailing us at [email address]. Upon any termination of the Terms of Service, you must immediately cease all use of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
15. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (E) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO Company AND USD $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (a) your use of or reliance on any third-party content, (b) your use of or reliance on any Company Content, (c) your Social Content, or (d) your breach of the Terms of Service. We will provide notice to you promptly of any such claim, suit, or proceeding.
17. Third Party Disputes.
Company IS NOT AFFILIATED WITH ANY SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
18. Third Party Software.
The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this Terms of Service. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this Terms of Service is permitted.
19. Dispute Resolution
This Terms of Service and the relationship between you and Company will be governed by the laws of Taiwan. You and Company agree to submit to the jurisdiction of the Taiwan Taipei District Court for the first instance of any disputes relating to your use of the Service.
a. Assignment. You may not assign this Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of Company.
b. Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
d. Language. If Company provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
e. Contacting Company. You can contact BE Health by e-mail at email@example.com.