MyLÚA Health Terms of Service

MyLÚA Health Terms of Service

Welcome and thank you for your interest in MyLÚA Health. Our Terms of Service Agreement (“Terms”), along with our Privacy Policy, governs the terms of the relationship between you (“You” or “User”) and MyLÚA Health, Inc. (“MyLÚA Health,” “We,” “Us,” or “Our”). You accept these Terms when you use our application, products, website, content, communications, and services (collectively, the “Services”).

About Our Services

It’s very important for you to understand that our Services do not constitute or provide medical advice. The Services are provided for educational and information purposes only. We’re here to help you make more informed decisions about your pregnancy, not to make these decisions for you or take the place of your healthcare providers. Please do not ask MyLÚA Health for – or rely on – anything we communicate as medical advice. Although our application, website, images, content, and communications may reference health-related topics, we make no warranty whatsoever that any of the information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) provided through the Services is accurate, up-to-date, or error-free. Even if a statement we make is accurate, it may not apply to you or to your specific symptoms.

The health information we discuss is, at best, general and cannot substitute for the advice of a medical professional (like a qualified physician, physician assistant, nurse, or other licensed healthcare provider). We are not doctors. No one at MyLÚA Health can take any responsibility for the results or consequences of any attempt to use or adopt any of the information presented in our Services; you’re using the Services at your choice and at your own risk. You should not interpret any Content included through our Services as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.

If you think you may have a medical emergency, do not use our Services. Please call your doctor or 911 immediately.

1. Binding Agreement

All use of our Services is subject to the terms and conditions set forth below. Please read these terms carefully. If you do not agree with all of them, you may not use the Services and should not enter any of your information into our Services or communicate any information to our team members.

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THIS IS A LEGALLY BINDING AGREEMENT. You acknowledge that your use of the Services constitutes the use of an electronic signature, and you agree that using the Services is your written acknowledgment that you were provided with the information in these Terms. Your use of the Services after your initial acceptance, even if these Terms of Use change, demonstrates your continued acceptance of these Terms.

2. Privacy Policy

MyLÚA Health is committed to protecting the privacy of your personal information. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and share your information, and it governs your use of the Services. You should review our Privacy Policy carefully to understand our practices.

3. Eligibility

To use the Services, you must be at least 18 years of age or, if you are under 18, you must be at least 13 years old and use the Services only with the involvement and consent of a parent or guardian. By using our Services, you represent and warrant that you meet all eligibility requirements. If you are under 13 years old, you may not use our Services under any circumstances or for any reason.

4. Account Registration

You may need to register for an account to access certain features of our Services. When registering, you agree to provide accurate, current, and complete information about yourself and to update this information as necessary to ensure it remains accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

5. User Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.

You also agree not to:

• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm MyLÚA Health or users of the Services.
• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

6. Intellectual Property Rights

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the MyLÚA Health logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Materials”) are the proprietary property of MyLÚA Health or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and Materials for your personal, non-commercial use only. Any use of the Services or Materials other than as specifically authorized herein, without the prior written permission of MyLÚA Health, is strictly prohibited and will terminate the license granted herein.

7. User Content

The Services may allow you to create, submit, post, upload, transmit, or otherwise make available content such as comments, questions, feedback, and other information (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you make available through the Services.

By making any User Content available through the Services, you grant to MyLÚA Health a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and the Materials.

8. Feedback

If you provide MyLÚA Health with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to MyLÚA Health all rights in such Feedback and agree that MyLÚA Health shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. MyLÚA Health will treat any Feedback you provide to MyLÚA Health as non-confidential and non-proprietary.

9. Third-Party Services

The Services may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of MyLÚA Health, and MyLÚA Health is not responsible for any Third-Party Services. MyLÚA Health provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk.

10. Termination

We may terminate or suspend your access to all or part of the Services, without prior notice or liability, if you breach any of the terms or conditions of these Terms or for any other reason we deem appropriate. Upon termination, your right to use the Services will immediately cease.

11. Indemnification

You agree to defend, indemnify, and hold harmless MyLÚA Health, its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Disclaimers

THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MYLÚA HEALTH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR DEFECTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MYLÚA HEALTH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES.

14. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration under the rules of the American Arbitration Association (“AAA”). The arbitration shall take place in San Francisco, California, in the English language, and the arbitral decision may be enforced in any court.

You agree that you may bring claims against MyLÚA Health only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

15. Changes to the Terms of Service

We may modify these Terms from time to time in our sole discretion. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our website’s homepage or by sending you an email notification). Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. Please review these Terms periodically for updates.

16. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and MyLÚA Health regarding your use of and access to the Services, and except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of both parties.
• Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
• Waiver: The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without MyLÚA Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MyLÚA Health may freely assign or transfer these Terms without restriction.
• Force Majeure: MyLÚA Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MyLÚA Health’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

17. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at:

MyLÚA Health, Inc.
[Contact Information]
[Email Address]