Ikioo App Artificial Intelligence Hub end user license agreement (EULA)

Introduction

These are the terms of license that Ikioo App Artificial Intelligence Hub (and any update/upgrade to it) that we make available for use (s) from the Ikioo App and/ or ikioor AI Hub at https://www.ikioor.com .

The services we offer through the Ikioo App Artificial Intelligence Hub are provided subject to our Online Terms of Service. Use of your personal information submitted to or via the Ikioo App Artificial Intelligence Hub is governed by our Privacy Policy (s).

The Ikioo App Artificial Intelligence Hub is provided by or on behalf of ikioo Technologies, Inc. (ikioo, we, us and our). We are a California company, registered in the United States of America. Our office is located at 191 S. Buena Vista Street, Suite # 370, Burbank CA 91505.

BY DOWNLOADING, ACCESSING AND/OR USING THE IKIOO APP ARTIFICIAL INTELLIGENCE HUB, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE IKIOO APP ARTIFICIAL INTELLIGENCE HUB, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the ikioo App Artificial Intelligence Hub.

Access to the Ikioo App Artificial Intelligence Hub

You should only use this Ikioo App Artificial Intelligence Hub if:

Your surgeon, doctor or other health professional has recommended to you, to download the ikioo App and use the Ikioo App Artificial Intelligence Hub as part of your professional relationship with the health professional selected by you in the ikioo App “Connect” section;

You agree to download and use the Ikioo App Artificial Intelligence Hub as part of your ongoing health professional remote monitoring process; and

You agree to provide your contact information e.g. email address and telephone number to your health professional at your own discretion and agree that it can be shared with ikioo to the extent necessary to provide you with the Services.

The Ikioo App Artificial Intelligence Hub is intended for use ONLY by persons who are at least 18 years of age. By using the Ikioo App Artificial Intelligence Hub, you confirm to us that you meet this requirement.

The Ikioo App Artificial Intelligence Hub may only be accessed and used on a device owned or controlled by you and running the relevant operating system for which the Ikioo App Artificial Intelligence Hub was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the Ikioo App and to access and use the included Ikioo App Artificial Intelligence Hub .

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the ikioo App and Ikioo App Artificial Intelligence Hub to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the Ikioo App Artificial Intelligence Hub by you on any device, whether or not it is owned by you.

You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the ikioo App and Ikioo App Artificial Intelligence Hub may charge for internet access (including mobile data usage) on that device.

We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the downloaded Ikioo App Artificial Intelligence Hub to users who have registered with us. If we do so, you will be unable to use the Ikioo App Artificial Intelligence Hub features, functions or content of, or access the Ikioo App Artificial Intelligence Hub services through, the downloaded Ikioo App.

You must ensure that any registration details you provide are accurate.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the Ikioo App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the ikioo App and Ikioo App Artificial Intelligence Hub or that the ikioo App and Ikioo App Artificial Intelligence Hub will respond at a certain speed (since this depends on a number of factors outside our control).

What you are allowed to do

You may only use the ikioo App and Ikioo App Artificial Intelligence Hub for non-commercial, personal use, and only in accordance with these terms (and in accordance with any ikioo App and Ikioo App Artificial Intelligence Hub terms of any relevant third party service provider for the device to which you download, or on which you access or use, the ikioo App and Ikioo App Artificial Intelligence Hub ) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

What you are not allowed to do

Except to the extent expressly set out in these terms, you are not allowed to:

republish, redistribute or re-transmit the Ikioo App Artificial Intelligence Hub contents, results, design, or any other digital material published on the ikioo App and ikioo App Artificial Intelligence Hub;

copy or store the Ikioo App Artificial Intelligence Hub other than for your use as permitted by these terms and as may occur incidentally in the normal course of use of your browser or mobile device;

store the Ikioo App Artificial Intelligence Hub on a server or other storage device connected to a network or create a database by systematically downloading and storing any data other than User Content from the Ikioo App Artificial Intelligence Hub;

remove or change any content of the Ikioo App Artificial Intelligence Hub other than User Content or attempt to circumvent security or interfere with the proper working of the Ikioo App Artificial Intelligence Hub or any server on which it is hosted;

use the Ikioo App Artificial Intelligence Hub in a way that might damage our name or reputation or that of any of our affiliates; or

otherwise do anything that it is not expressly permitted by these terms.

All rights granted to you under these terms will terminate immediately in the event, that you are in breach of any of them.

To do anything with the Ikioo App Artificial Intelligence Hub that is not expressly permitted by these terms, you will need a separate license from us. Please contact us, using the Contacting us details at the end of these terms.

Third party platform providers & App stores

Certain third party platform providers with whose devices and/or operating systems the Ikioo App Artificial Intelligence Hub has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party App stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all Applicable terms of service, rules and policies Applying to any third party App store from which you download the ikioo App and Ikioo App Artificial Intelligence Hub. We are not responsible for these stores or (with the exception of the Ikioo App Artificial Intelligence Hub) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the Ikioo App Artificial Intelligence Hub you download. We always remain the owner of the ikioo App and Ikioo App Artificial Intelligence Hub.

All intellectual property rights in the Ikioo App Artificial Intelligence Hub and in any content of the Ikioo App (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Ikioo App or any content from the Ikioo App Artificial Intelligence Hub.

The Ikioo App Artificial Intelligence Hub may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the Ikioo App Artificial Intelligence Hub contains any Open Source Software, that element only is licensed to you under the relevant license terms of the Ikioo App Artificial Intelligence Hub third party licensor (Open Source License Terms) and not under these terms, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any Ikioo App Artificial Intelligence Hub and the relevant Open Source License Terms will be made available to you upon request.

Ikioo App Artificial Intelligence Hub features & content

You agree that downloading ikioo App and accessing and use of the Ikioo App Artificial Intelligence Hub , since it is made available for download free of charge, are on an ‘as is’ and ‘as available’ basis and at your sole risk.

We reserve the right to change the format and features of the ikioo App and Ikioo App Artificial Intelligence Hub by making the updated Ikioo App Artificial Intelligence Hub available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated ikioo App and Ikioo App Artificial Intelligence Hub , but we may cease to provide and/or update content to prior versions of the ikioo App and Ikioo App Artificial Intelligence Hub and, depending on the nature of the update, in some circumstances you may not be able to continue using the ikioo App and Ikioo App Artificial Intelligence Hub until you have downloaded the updated version.

Where the Ikioo App Artificial Intelligence Hub makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the ikioo App and Ikioo App Artificial Intelligence Hub, with or without notice to you, if we need to do so for security, legal or any other reasons.

Whilst we try to make sure that content made available by the ikioo App and Ikioo App Artificial Intelligence Hub consisting of information of which we are the source is correct, you acknowledge that the ikioo App and Ikioo App Artificial Intelligence Hub may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the ikioo App and Ikioo App Artificial Intelligence Hub is not intended to amount to authority or advice on which reliance should be placed. You should check with your licensed health professional before acting on any such information.

The Ikioo App Artificial Intelligence Hub is not a medical device

The Ikioo App Artificial Intelligence Hub is not and is not to be attempted to be used as a medical device. The Ikioo App Artificial Intelligence Hub helps to guide you as a user through different stages of your remote health monitoring under the direct supervision of a licensed health professional and for information purposes only and MUST NOT be used as a diagnostic nor therapeutic tool. The Ikioo App Artificial Intelligence Hub only handles general user-related data, which cannot be used to diagnose or prescribe treatment in your particular case. Only your doctor, surgeon or other personal licensed health professional can do that.

The Ikioo App Artificial Intelligence Hub DOES NOT provide medical advice .

The Ikioo App Artificial Intelligence Hub is provided for general information purposes only and DOES NOT provide any medical advice. Any information in the Ikioo App Artificial Intelligence Hub is designed as educational material and should not be taken as a recommendation for treatment of any particular person.

Although we try to personalize your experience by referring to possible individual circumstances, this should by no means be used as a substitute for professional medical advice, diagnosis or treatment, and should not be relied on to make decisions about your health.

Never ignore professional medical advice in seeking treatment because of something you have learned or seen using the ikioo App and Ikioo App Artificial Intelligence Hub. As you continue to the use of the ikioo App and Ikioo App Artificial Intelligence Hub, you should continue being in touch with your surgeon or doctor or other licensed health professional and act on instructions only from them.

The authors of any AI Algorithm in the Ikioo App Artificial Intelligence Hub have formulated the information available with a reasonable standard of accuracy. That standard of accuracy is Never one hundred percent (100%) and in the majority of “use cases” can fluctuate from zero to ninety percent (0%-90%). Except as expressly set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content in the Ikioo App Artificial Intelligence Hub and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Ikioo App Artificial Intelligence Hub or relying on any of its content.

User content

The ikioo App and Ikioo App Artificial Intelligence Hub may, from time to time, allow you to submit user-generated content and information (User Content). Any User Content that you choose to submit may be shared with any health professional of your choosing. The health professional may wish to share User Content that you submit with other individuals involved in your remote monitoring and/or treatment. By submitting such User Content to the ikioo App and Ikioo App Artificial Intelligence Hub, you grant the health professional chosen by you, the permission to share your User Content in this way.

Please see our Privacy Policy for more information on how we use your data.

User Content must not:

contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable (“Prohibited Content”);

impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;

contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or promotional material or other form of solicitation (spam); or

transmit or distribute any virus and/or other code that has contaminating or destructive elements.

External links

The Ikioo App Artificial Intelligence Hub may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, nor association with their operators nor promoters.

Our liability

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH STATES THAT, UNLESS YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, BOTH PARTIES AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ CAREFULLY.

OUR WEBSITE (S) AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY LAW, STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE AND OUR SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE WEBSITE(S) OR SERVICES WILL OPERATE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE WEBSITE(S) OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE WEBSITE(S) OR SERVICES. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES, HARM, DAMAGE, OR LOSS TO YOU OR ANY THIRD PARTY, WHETHER WITHIN OR WITHOUT THE SCOPE OF THE WEBSITE(S)’S OR SERVICES’ INTENDED OR CONVENTIONAL PURPOSE, THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING, WITHOUT LIMITATION, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, OR IN CONNECTION WITH ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS. YOUR USE OF THE WEBSITE(S) AND SERVICES IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES, INCLUDING ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF RAW DATA OR USER INSIGHTS AND/OR USE OR MISUSE OF OUR SERVICES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “NEURA PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: 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.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR USERS. IT REQUIRES YOU TO SUBMIT TO BINDING INDIVIDUAL ARBITRATION OF ALL DISPUTES WITH US, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU ARE WAIVING ANY RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. THIS SECTION ALSO LIMITS THE TIME YOU HAVE TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION. FINALLY, THIS SECTION WAIVES YOUR RIGHT TO HAVE SUCH DISPUTE HEARD AND RESOLVED AS A CLASS ACTION, CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our Intellectual Property Rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connected with your rights of privacy and publicity are not Excluded Disputes.

The United States Federal Arbitration Act governs the interpretation and enforcement of this Section, including any question whether a Dispute between us and you are subject to arbitration.

Both parties agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Both parties agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Both parties agree not to combine a Dispute that is subject to arbitration under this Agreement with a Dispute that is not eligible for arbitration under this Agreement.

The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules. Notwithstanding the AAA Rules, we will reimburse you for all the AAA administrative fees in Disputes that are subject to the Supplementary Procedures for Consumer-Related Disputes, unless the arbitrator determines that a Dispute was filed for purposes of harassment or is patently frivolous.

You may opt out of this agreement to arbitrate. If you do so, neither party can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within thirty (30) days of the later of: (i) the date that you first accepted this Agreement; and (ii) the date you became subject to this arbitration provision. You must use this address to opt-out:

Ikioo Technologies, Inc.

191 S. Buena Vista Street, Suite 370

Burbank, CA 91505

All notices given by you to us must be given in writing to the above stated address.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.

These terms may not be varied except with our express written consent.

These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language.

You represent and warrant that:

you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

you are not listed on any United States Government list of prohibited or restricted parties.