Terms of Service

Last Updated: December 14, 2024

Welcome to Evva Health Inc. (“Evva,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website evva360.com (the “Site”) and our healthcare and wellness application evva360 (together with the Site, the “Services”). By using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use our Services.

Summary

  • Age Limit: You must be 18 or older to use our services.
  • Account Rules: Keep your login details safe, and don’t misuse or hack the platform.
  • No Medical Advice: We provide health tips, but this is not professional medical advice. Always consult a doctor or other qualified healthcare professional.
  • Liability Limits: We are not liable for any indirect damages or losses.
  • Changes & Disputes: We may update these Terms at any time, and any legal conflicts will be handled in Atlanta, GA, usually by arbitration.

1. Overview

  1. Service Description. Evva provides a platform dedicated to health and wellness information, resources, and potential integration with qualified healthcare providers. We do not provide medical advice, diagnosis, or treatment. Always consult a qualified healthcare professional before making any medical or health-related decisions.
  2. Acceptance of Terms. By creating an account, downloading or using our App, or accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated by reference). If you do not accept these Terms, you must discontinue all use of our Services.
  3. HIPAA Compliance. Where applicable, Evva endeavors to meet certain technical and organizational measures consistent with HIPAA (Health Insurance Portability and Accountability Act) requirements for handling Protected Health Information (“PHI”). However, no system is entirely foolproof. You acknowledge and accept the risks of storing or transmitting health-related data electronically. Please refer to our Privacy Policy for additional details on HIPAA considerations.

2. Eligibility

  1. Age Restriction. Our Services are intended for individuals aged 18 and older. If you are under 18, you are not permitted to use our Services or send us personal information.
  2. Authority. If you use the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. Any references to “you” or “your” within these Terms apply to both you and the organization.

3. User Accounts

  1. Account Creation. In order to access certain features of our Services, you must create an account. You agree to provide and maintain accurate, current, and complete information, including a valid email address.
  2. Responsibility for Account Activity. You are responsible for all activities that occur under your account. You must safeguard your login credentials and immediately notify Evva of any unauthorized use or security breach. Evva shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
  3. Account Termination. We reserve the right to suspend or terminate accounts for any reason, including but not limited to violations of these Terms, prolonged inactivity, or conduct that we deem harmful to the Services.

4. Acceptable Use

When using our Services, you agree not to:

  1. Violate Laws. Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including HIPAA or other privacy and data protection laws).
  2. Disrupt Services. Interfere with or disrupt the integrity or performance of the Services or any related systems, networks, or servers.
  3. Attempt Unauthorized Access. Circumvent or attempt to circumvent any security features or attempt to gain unauthorized access to our systems or user accounts.
  4. Misrepresent Yourself. Provide inaccurate information or impersonate any other person or entity.
  5. Scrape or Data Mine. Use automated means (robots, bots, spiders, scrapers, etc.) to collect information or data from the Services or to access the Services in a manner that sends more request messages than a human can reasonably produce.
  6. Submit Harmful Content. Upload or transmit any content that is unlawful, harmful, hateful, abusive, harassing, defamatory, or otherwise objectionable.

5. Health and Wellness Disclaimer

  1. Informational Purposes Only. The content provided on or through the Services (including AI-generated information, suggestions, or guides) is for informational purposes only.
  2. No Medical Advice. We are not a medical provider. Nothing in our Services should be construed as medical advice or a substitute for professional healthcare. You should always seek advice from a qualified healthcare professional for any questions related to your health.
  3. User Assumption of Risk. You expressly assume all risk in using our Services for health and wellness insights. If you rely on any information made available by Evva through the Services, you do so solely at your own risk.

6. Intellectual Property

  1. Evva Proprietary Rights. Evva (and its licensors, if applicable) retains all rights, title, and interest in and to the Services, including all text, graphics, images, logos, trademarks, trade secrets, and any related content or technology. These Terms do not grant you any license or rights to use our trademarks, logos, or copyrighted material unless expressly stated.
  2. User-Submitted Content. If you submit or post any content (“User Content”) to our Services (e.g., feedback, support requests, profile information, or messages), you represent and warrant that you own or have the necessary rights to use and share such content. You grant Evva a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, modify, display, and perform the User Content in connection with operating and improving the Services, consistent with our Privacy Policy and applicable law.
  3. Feedback. Any suggestions or feedback you provide to us regarding our Services may be used by Evva without obligation to you. You hereby grant to Evva a perpetual, worldwide, irrevocable, royalty-free license to use and incorporate feedback into any Evva product or service.

7. Payments and Billing (If Applicable)

  1. Fees. Certain features or upgrades within the Services may require payment of fees. If you choose to access such paid features, you agree to pay all applicable fees as described at the time of purchase.
  2. Refunds. Fees are generally non-refundable unless otherwise specified. Any refund requests are subject to our discretion, or any additional terms presented at the time of purchase.
  3. Payment Processing. We use a third-party payment processor to securely handle your payment information. We do not store your complete payment card details. All financial transactions are subject to the terms and conditions of our payment processor.

8. Privacy

Your personal information, including any potential Protected Health Information (“PHI”) under HIPAA, is governed by our Privacy Policy. Please review it carefully to understand how we collect, use, and share your data. By using our Services, you consent to the collection, use, and disclosure of your data in accordance with our Privacy Policy.

9. Data Security

  1. Safeguards. We employ commercially reasonable administrative, technical, and physical safeguards to protect your personal information. This includes measures such as encryption (where feasible), access controls, and secure data storage.
  2. Acknowledgment of Risk. No system is fully secure or immune to hacking, cyberattacks, or data breaches. By using our Services, you acknowledge and accept these inherent risks. Evva will not be liable for unauthorized disclosure, theft, or destruction of your data arising from such risks outside of our reasonable control.
  3. User Responsibilities. You are responsible for maintaining the confidentiality of your account credentials. Do not share your password with third parties. If you suspect unauthorized access to your account, notify us immediately.

10. Disclaimer of Warranties

  1. As-Is Basis. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. EVVA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
  2. No Guarantee of Accuracy or Availability. We do not guarantee that our Services will be uninterrupted, timely, secure, error-free, or that any content is accurate or reliable. Any health, wellness, or nutritional insights provided are to be used at your own discretion and risk.

11. Limitation of Liability

  1. Indirect Damages. UNDER NO CIRCUMSTANCES WILL EVVA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES.
  2. Direct Damages Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF EVVA FOR ANY AND ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO EVVA IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
  3. Basis of the Bargain. The limitations in this section form a fundamental basis of the bargain between you and Evva. You agree that these limitations are reasonable and essential to the feasibility of providing our Services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Evva, its affiliates, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including legal fees) arising from or related to:

  1. Your use of and access to our Services;
  2. Your violation of these Terms or any applicable laws;
  3. Your infringement of any intellectual property or other right of any person or entity;
  4. Any content posted using your account.

13. Modifications to the Services and Terms

  1. Service Changes. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Services.
  2. Revisions to Terms. We may update or revise these Terms at our discretion. If we make material changes, we’ll provide notice (e.g., via email or a prominent notice on our Site or App) before those changes become effective. Your continued use of the Services following any revision constitutes your acceptance of the revised Terms.

14. Dispute Resolution and Governing Law

  1. Governing Law. These Terms and any disputes arising out of or related to them shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions.
  2. Arbitration. Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Atlanta, Georgia, in the English language. Judgment on any arbitration award may be entered in any court having jurisdiction.
  3. Class Action Waiver. You and Evva agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
  4. Injunctive Relief. Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters related to data security, intellectual property, or unauthorized access to the Services.

15. Miscellaneous

  1. Entire Agreement. These Terms, along with our Privacy Policy, constitute the entire agreement between you and Evva regarding the Services. Any prior agreements or understandings are superseded by these Terms.
  2. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
  3. No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
  4. Assignment. You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms at our discretion.
  5. Notice. We may provide notices to you by email, posting on our Site or App, or other reasonable means. You agree that electronic notices have the same legal effect as physical notices.
  6. Contact Information. If you have any questions or concerns, please contact us:

By continuing to use our Services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree, please discontinue use of our Services immediately.

[Optional Additional Flag: Insert any location-specific legal or consumer rights disclaimers if applicable (e.g., EU consumer rights, California Consumer Privacy Act, etc.).]