Terms of service
NOVEETM END USER LICENSE AGREEMENT
This End User License Agreement (“Agreement”) is a binding agreement between you (“you”) and BonCor Medical, LLC, a Michigan limited liability company (“BonCor”, “we” or “our”). This Agreement governs your use of the NoveeTM mobile application (the “Application”), which allows you to access BonCor’s internet-delivered health and wellness services from your mobile or wearable device (a “Device”). Your use of the Application is subject to this Agreement.
BY CLICKING THE “AGREE” BUTTON WHEN PRESENTED TO YOU OR CREATING AN ACCOUNT WITH BONCOR TO USE THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE; (C) IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, YOU REPRESENT THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWD AND CONSENTED TO YOUR USE OF THE APPLICATION; AND (D) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS APPLICATION AND DELETE IT FROM YOUR DEVICE IMMEDIATELY.
(a) The use of the Application and its services is restricted to users who have obtained a user identification or user identification/password from BonCor by completing a registration process and creating an account. You may not share your user identification or password with any other person or give any other person access to or use of your user identification or password. You agree to notify BonCor immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
(b) The use of certain services and features of the Application are only available upon the purchase of a subscription plan. Fees and payment terms for the subscription plans, which are hereby incorporated into this Agreement, are set forth on BonCor’s website at the following web address: https://www.noveewatch.com. BonCor reserves the right to modify, terminate or otherwise amend our subscription plans and offerings at any time. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Application after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can cancel your paid subscription prior to the price change going into effect.
2. Fees and Payments.
(a) The Application allows you to make online subscription payments, but you acknowledge that we use one or more third party payment processors to process such payments. In connection with the processing of such payments, BonCor does not collect or retain any credit card numbers or other payment information. Rather, all such payment information is provided directly to our third party payment processor, whose use of your personal information is governed by their privacy policy, which will be made available to you. You agree to comply with any terms and conditions and the privacy policies of the third-party payment processor in connection with your use of such third-party payment processor services. If you sign up for a paid subscription, you will be charged for the service on a recurring basis (e.g., monthly) until cancellation by you. The payment dates will depend on the type of subscription plan you sign up for. If you wish to cancel your paid subscription, you must cancel at least 24 hours before your next payment is due to be collected in order to avoid being charged for that following subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Application service.
(b) In addition to subscription fees, BonCor will charge taxes where applicable and as required by law. Tax rates are based on the rates applicable at the time of your periodic charge. These amounts can change over time with local tax requirements. Tax rates will be automatically applied based on the account information you provide.
3. License. Subject to all terms and conditions of this Agreement, BonCor grants you the following license(s) solely and exclusively for accessing the Application and such other functionality that we may offer through the Application from time to time: (a) a personal, non‐exclusive, non‐transferable, non-sublicensable, terminable and limited license to download, install and use one copy of the Application on a Device owned or otherwise controlled by you; and (b) a personal, non‐exclusive, non‐transferable, non-sublicensable, terminable and limited license to access and use the Application over the Internet through a browser interface.
(a) You shall not: (i) access the Application except through means authorized herein or use the Application for any use other than as expressly provided herein; (ii) copy, reproduce, distribute, rent, lease, lend, sell, sublicense, assign, publish or in any manner make available the Application or any features, functionality, or other content contained in the Application, in whole or in part, except as expressly permitted by this license; (iii) modify, translate, adapt, or otherwise create derivative works of the Application; (iv) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code, underlying ideas, or algorithms, of the Application by any means; (v) disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or (vi) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof.
(b) You may not use the Application in a manner that (i) harasses, abuses, threatens, stalks, intimidates, defames or otherwise infringes or violates the rights of any other party or group of parties; (ii) is unlawful, fraudulent or deceptive; (iii) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer application, hardware or telecommunications equipment; (iv) attempts to gain unauthorized access to BonCor’s computer network or user accounts; (v) encourages conduct that would constitute a criminal offense, or that would give rise to civil liability; or (vi) violates this Agreement or applicable law or regulation.
5. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. BonCor, including its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
6. Device Specific Provisions.
(a) Apple. The terms in this Section 6(a) only apply if you acquired the Application through the Apple App Store. You acknowledge that you are entering into this Agreement with BonCor and not with Apple. However, Apple and its subsidiaries are third party beneficiaries of this Agreement and, as such, Apple may enforce this Agreement. BonCor, not Apple, is solely responsible for the Application. Apple makes no warranty with respect to the Application and has no obligation whatsoever to furnish any maintenance and support services for the Application. Apple is not responsible for addressing any claims relating to the Application or your possession or use of the Application, including but not limited to: (i) product liability claims, (ii) any claims that the Application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation. If a third party claims that the Application or your possession or use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge that you have reviewed the Apple App Store Terms and Conditions located online at http://www.apple.com/legal/itunes/us/terms.html#APPS and that you shall comply with such terms.
(b) Google. The terms in this Section 6(b) only apply if you are using the Application on a Device operated by the Android™ operating system provided by Google. You acknowledge that you are entering into this Agreement with BonCor and not with Google. If you have downloaded the Application from the Google Android application market presently named “Google Play,” you acknowledge that you have reviewed the Google Play Terms of Service located online at https://play.google.com/intl/en-US_us/about/play-terms.html and shall comply with such terms. Android is a trademark of Google.
(c) Samsung. You further acknowledge and agree that the use of Samsung smartwatches or other third-party wearable devices with the Application is also governed by the device manufacturer’s end-user license agreements, terms of service, and privacy policies, which are hereby incorporated by reference. Your use of such devices constitutes acceptance of those terms, and you agree that BonCor is not responsible for any obligations, representations, or warranties contained therein. You acknowledge that you have reviewed the Samsung Terms of Service located online at https://www.samsung.com/us/Legal/SamsungLegal-EULA-Gear/ and that you shall comply with such terms.
(d) Wireless Carrier. Your use of the Application on a Device may be subject to the terms and conditions of any service agreement with your wireless carrier. You agree that BonCor will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.
7. Collection and Use of Personal Information. Depending on the services you have elected to receive, the Application may require transmission of certain information provided by you, including usernames and passwords, personal health and wellness related data, and information related to your Device (including its operating system, phone number and unique identifiers, its geographic location and wireless carrier). You acknowledge that when you download, install, or use the Application, BonCor may use automatic means (including, for example, cookies and web beacons) to collect information about you, your Device and about your use of the Application. All information we collect through or in connection with this Application is subject to our Privacy Policy, which is available at the following web address: www.boncormedical.com/privacy-policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The Application may also permit you to voluntarily enter information relating to your medication usage, dosing schedules, refill reminders, or other medication-related data (“Medication Information”). By providing such Medication Information, you expressly consent to BonCor’s collection, storage, processing, and transmission of such data for the purposes of displaying, tracking, and managing your personal wellness information within the Application. Medication Information is user-generated and is not verified by BonCor. If you are between 13 and 17 years of age, you represent and warrant that your parent or legal guardian has reviewed and approved the submission of any personal health, wellness, or Medication Information through the Application.
8. Consent to Electronic Communications, Calls, and Messages. You agree that we may contact you or provide you with any required notices, agreements, or other information concerning the Application by e-mail or other electronic means. You also agree that we may deliver autodialed and/or prerecorded or artificial account- and service-related calls and messages (including text and voice messages) to any telephone number that you provide to us, including on your mobile telephone number.
9. Geographic Restrictions. The Application and its services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application and services from outside the United States, you are responsible for compliance with local laws.
10. Application Updates. BonCor may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that BonCor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet, either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
11. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that BonCor is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. BonCor does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials 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.
12. Termination. You may terminate this Agreement by cancelling your subscription and deleting the Application from your Device. BonCor may terminate this Agreement at the end of your current paid subscription period without notice for any reason. If you do not have a paid subscription, BonCor may terminate this Agreement at any time for any reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. All rights granted to you under this Agreement will terminate upon termination of this Agreement and you agree to cease all use of the Application and delete all copies of the Application from your Device. Termination will not limit any of BonCor’s rights or remedies at law or in equity. Sections 4, 5, 13, 14, 15, 16, 19, 20, and 21, and any right, obligation or condition that, by its express terms or nature and context is intended to survive the termination of this Agreement, shall survive any termination of this Agreement.
13. Termination will not relieve you of the responsibility for fees already paid or owed for the then-current Subscription Term. Upon termination, you must return the Device to BonCor within fifteen (15) days of the effective cancellation date. The Device must be returned in good working condition, reasonable wear and tear excepted. If you fail to return the Device within the required fifteen (15) day period, or if the returned Device are damaged beyond reasonable wear and tear, BonCor may charge you an additional fee equal to the replacement cost of the Device or any other amount disclosed in the pricing schedule or applicable documentation. You hereby authorize BonCor to charge such amounts to the payment method on file.
(a) THE APPLICATION AND BONCOR’S SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. BONCOR DISCLAIMS ALL WARRANTIES WITH RESPECT TO BONCOR’S SERVICES AND THE APPLICATION AND ITS FUNCTIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, WHETHER ARISING BY OPERATION OF LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, INCLUDING BUT NOT LIMITED TO: ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, BONCOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED; OR THAT THE APPLICATION WILL NOT ADVERSELY AFFECT ANY DEVICE ON WHICH YOU USE THE APPLICATION, INCLUDING RESULTING IN A MODIFICATION OR CHANGE TO THE DEVICE OR RENDERING ALL OR A PORTION OF THE DEVICE INACCESSIBLE OR UNUSABLE.
(b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Medical Disclaimer. THIS APPLICATION RECORDS YOUR HEALTH AND WELLNESS INFORMATION FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT ALL INFORMATION PROVIDED INCLUDING TEXT, GRAPHICS, IMAGES, AND ANY OTHER CONTENT WITHIN THIS APPLICATION MAY NOT BE ACCURATE AND SHALL NOT BE CONSIDERED MEDICAL ADVICE, TREATMENT DIAGNOSIS, OR PROFESSIONAL OPINION. YOU MUST NEVER RELY ON THE INFORMATION RECEIVED IN THIS APPLICATION AS A SUBSTITUTE FOR OR AS AN ALTERNATIVE TO PROFESSIONAL MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. THE APPLICATION MAY ALLOW YOU TO TRACK YOUR PERSONAL MEDICATION INFORMATION; HOWEVER, SUCH FUNCTIONALITY IS PROVIDED SOLELY FOR YOUR CONVENIENCE. BONCOR DOES NOT VERIFY MEDICATION INFORMATION, PROVIDE MEDICATION MANAGEMENT, OR MONITOR MEDICATION ADHERENCE. THE APPLICATION DOES NOT PROVIDE ANY MEDICAL INTERPRETATION, RECOMMENDATIONS, OR ALERTS BASED ON YOUR MEDICATION INFORMATION. YOU REMAIN SOLELY RESPONSIBLE FOR CONSULTING YOUR LICENSED HEALTHCARE PROVIDER REGARDING ANY QUESTIONS CONCERNING YOUR MEDICATIONS, DOSAGE, INTERACTIONS, OR SAFETY. IF YOU THINK YOU HAVE A MEDICAL CONDITION INCLUDING ANY MEDICAL EMERGENCY, YOU SHOULD SEEK MEDICAL ATTENTION IMMEDIATELY OR CALL 911.
16. Limitation of Liability. IN NO EVENT WILL BONCOR AND ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, ADVISORS, REPRESENTATIVES AND AGENTS THEREOF (COLLECTIVELY, “COMPANY PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, IN NO EVENT WILL THE LIABILITY OF BONCOR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION OR BONCOR’S SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO BONCOR BY YOU, IF ANY, IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Indemnification. You agree to indemnify, defend, and hold BonCor harmless from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal and other professional fees) that arise from or are related to: (a) your use of, misuse of, or inability to use the Application; (b) your violation of this Agreement; (c) your violation of any rights of a third party; (d) your failure to comply with applicable law or regulation; or (e) any other negligent acts or omissions or misconduct by you. BonCor may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. The foregoing defense, indemnification, and hold harmless obligations do not apply solely to the extent that they are directly based on a claim that the Application as provided by BonCor infringes United States based third party intellectual property rights.
18.
19. Extended Warranty
20. (a) The Extended Warranty provides coverage for eligible repairs or replacements for up to two (2) approved claims per twelve-month period, measured from the date of Warranty enrollment or renewal. Any additional claims submitted within the same twelve-month period may be denied.
21. (b) Deductibles. Each approved claim is subject to a claim-specific deductible, which shall vary depending on the model and configuration of the covered device. The applicable deductible amounts will be disclosed to the Customer at the time of claim submission and must be paid prior to the processing of any repair or replacement.
22. (c) Replacement Devices. If the covered device cannot be repaired, BonCor may, at its sole discretion, replace the device with a refurbished device of the same model or equivalent functionality. Replacement with a refurbished unit shall fully satisfy BonCor’s obligations under this Extended Warranty for that claim.
23. (d) Exclusions—Water Damage and Physical Damage. Water damage may be excluded from coverage if, upon inspection, BonCor determines that the device’s housing, screen, or other exterior components show signs of external damage, cracking, distortion, or other trauma that reasonably suggests the water intrusion resulted from such damage. In such cases, BonCor reserves the right to deny water-damage-related claims.
24. (e) General Conditions. Coverage under this Extended Warranty is subject to all other terms, conditions, and exclusions provided in this Agreement. BonCor retains the right to modify deductible amounts, coverage limitations, and eligibility criteria from time to time, provided that such changes will not affect claims already approved or pending.
25. US Government Rights; Export Regulation.
(a) The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
(b) The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
26. Governing Law. You agree that this Agreement is governed by and construed in accordance with the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule. Any action at law or in equity arising out of or related to this Agreement or the Application is subject to the jurisdiction of the state or federal courts located in Detroit, Michigan, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby waive any right to a trial by jury.
27. Entire Agreement. This Agreement and our Privacy Policy, along with any additional terms incorporated by reference herein or therein, constitute the entire agreement between you and BonCor with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
28. Miscellaneous. If any provision of this Agreement is found to be unlawful or invalid under applicable law, the remainder of that provision shall be deemed severable from the other provisions of this Agreement and shall not affect the validity and enforceability of such other provisions. No delay in or failure to exercise any right under this Agreement by either party shall operate as a waiver unless waived in writing by the party claimed to have waived. In the event of a conflict between this Agreement and any other agreement terms, the terms of this Agreement shall govern. BonCor reserves the right to modify this Agreement at any time and for any reason. If BonCor makes material changes to this Agreement, you will receive notification via the Application. Your continued use of the Application after BonCor publishes notice of changes to this Agreement indicates your consent to the updated terms.
29. Contact Information. Any questions, complaints or claims with respect to the Application should be directed to BonCor by telephone at 248-707-2584, or by contacting us at the following address: BonCor Medical, LLC, 30600 Telegraph Rd., Suite #1101, Bingham Farms, MI 48025.