Terms of Use

Epsy Terms of Use

These Epsy Terms of Use (" Terms") govern your use of the Epsy application, including any component of the application and any services provided through the application (the " App"), and your relationship with LivaNova USA, Inc. (" LivaNova" or " us") regarding such use.

If you are located in a jurisdiction where local laws consider you to be a minor, your parent or legal guardian (collectively, " parent") must agree to the Epsy Terms of Use for Parents as a condition of your use of the App—otherwise, you are prohibited from using the App. Please contact contact@epsyhealth.com if you are considered a minor under the laws of the jurisdiction in which you are located, you would like to use the App, and your parent has not agreed to the Epsy Terms of Use for Parents.

BY CLICKING "I ACCEPT", ACCESSING OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "I ACCEPT" AND DO NOT ACCESS OR USE THE APP.

We may revise these Terms at any time. We will notify you of any such revisions by emailing the email address associated with your account on the App and/or providing a notice through the App interface. Such changes will be effective on the effective date specified in the revised Terms. Before you may continue using the App after the revised Terms come into effect, we may require you to signify your acceptance of the revised Terms by electronically clicking on a button or similar means. By signifying your acceptance of the revised Terms or continuing to use the App after the revised Terms have come into effect, you will be considered to have agreed to be bound by the revised Terms. If you object to any such changes, please stop using the App.

**1. ** OUR APP DOES NOT CONSTITUTE MEDICAL OR PROFESSIONAL SERVICES ADVICE

Our App only helps you record certain information based on your inputs and send you reminders based on your preferences. Our App does not replace the need for patients to consult their health care service providers for diagnosis and treatment. Please consult your physician if you require medical attention or dial 911 in the event of an emergency.

2. LICENSE GRANT

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, personal, non-assignable and non-transferrable license to access and use the App for your personal, non-commercial use only. We may revoke or suspend this license at any time at our sole discretion without notice to you. This license will automatically expire upon the termination of these Terms.

3. USE RESTRICTIONS

You shall not use the App for any purpose other than those authorized by these Terms. You agree that you will not do, or attempt to do, any of the following:

  • Use the App to engage in any activity or conduct that violates the law, is abusive, dangerous, harassing, defamatory, tortious, obscene, or invasive of another person's privacy;
  • Engage in any activity that could interfere with, disrupt, negatively affect, or inhibit other users from fully using the App, or that could damage, disable, overburden, impair or otherwise negatively affect the functionality of the App or LivaNova's network or computer systems;
  • Circumvent, disable, interrupt, limit or otherwise impair the security, access controls or copyright protections of the App or LivaNova's network or computer systems;
  • Permit any person other than yourself to use your login credentials or account on the App;
  • Misrepresent your identity or impersonate any person when accessing or using the App;
  • Use the App to share, copy, store or distribute malware, including viruses, Trojan horses, worms, or any other similar applications that may damage the operation of the App or any other person's device, networks or computer system;
  • Decompile, reverse engineer, disassemble or create derivative works of the App;
  • Loan, rent, lease or otherwise provide the App to any third party;
  • Export, re-export, transfer or disclose the App to or for any prohibited or restricted destination, end user or end-use, except in accordance with all applicable export control laws and regulations; or
  • Encourage or promote any activity that violates these Terms.

Without limiting the generality of any other terms herein, if we believe, at our sole discretion, that you have violated these Terms, we may terminate or suspend your access to the App.

4. LIVANOVA'S INTELLECTUAL PROPERTY

You acknowledge that any and all information, content, data, photographs, videos, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, service marks, trade names, logos, products and services contained in or made available through the App, including the manner in which these items are presented or appear and all information that we provide to you relating thereto (collectively, the " Content"), is our property or the property of our licensees, to the fullest extent permitted by applicable law. All Content is protected by U.S. and worldwide copyright, trademark and other intellectual property laws and treaty provisions, and is or will remain our exclusive property or that of our licensors, whether or not specifically recognized or perfected under applicable law.

You will not acquire any right, title, or interest in or to the App or Content, except for the limited rights specified in these Terms. We or our licensors, as applicable, will own all rights in any copy, translation, modification, adaptation or derivation of the App and Content, including any improvement or development thereof.

5. PRIVACY

By using the App, you acknowledge that you have read and understand the Epsy Privacy Notice (which is available to read immediately below these Terms of Use) and consent to our collection, use and disclosure of your personal information as described in the Epsy Privacy Notice.

6. SUBMISSIONS

If you provide us with any comments, suggestions, recommendations, feedback or other information with respect to the App (" Feedback"), including, without limitation, Feedback relating to modifications, enhancements and improvements to the App, you agree that you have the right to provide such Feedback to us and hereby grant us an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose to the fullest extent permitted by applicable law.

7. CHANGES TO THE APP

You agree that we may change or remove any functionality of the App, or cease to provide the App, at any time, with or without prior notice, at our sole discretion, to the fullest extent permitted by applicable law.

8. DISCLAIMERS

WE PROVIDE THE APP "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE APP IS ERROR-FREE OR FREE FROM INFRINGEMENT, OR THAT THE APP OR ITS FEATURES WILL ALWAYS BE SECURE, RELIABLE, AVAILABLE, TIMELY, COMPLETE OR ERROR-FREE. YOUR RELIANCE ON ANY FEATURE OF THE APP IS AT YOUR OWN RISK AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL OF YOUR ACTIVITIES IN CONNECTION WITH THE APP.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE APP OR ANY ASSOCIATED DOCUMENTATION, OR YOUR RELIANCE OR INABILITY TO RELY ON ANY FEATURES OF THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR COMPUTER PROGRAMS, BUSINESS INTERRUPTIONS, OR TO OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us, our affiliates, and our and their directors, officers, employees, representatives, agents, licensors and suppliers harmless from and against any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or in any way connected with any of the following: (i) our use, non-use or publication of your Feedback; (ii) your access to or use of, or activities in connection with, the App; (iii) your breach or alleged breach of these Terms; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you (all of the foregoing, " Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, our prior written consent.

11. TERMINATION

You may terminate these Terms with LivaNova at any time and for any reason by deleting your account on the App and deleting the App from your devices. No notice is required for you to terminate these Terms.

LivaNova may also terminate these Terms with you at any time and for any reason, at its sole discretion. No notice is required for LivaNova to terminate these Terms. This means that LivaNova may suspend your use of the App, including any portion thereof, at any time and for any reason, without incurring liability of any kind. If, in LivaNova's determination, the suspension might be indefinite or LivaNova has elected to terminate your access to the App, LivaNova may use reasonable efforts to notify you.

Any provision of these Terms that contemplates performance or observance subsequent to any termination of these Terms, including without limitation Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 will survive any termination or expiration of these Terms and continue in full force and effect.

12. GOVERNING LAW; JURISDICTION AND VENUE

The Terms shall be governed by and construed in accordance with the laws of the Delaware, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. Except as otherwise provided in these Terms, any claim or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding arbitration in Delaware, as follows:

  1. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (" Notice"). The Notice to us should be addressed to: 100 Cyberonics Boulevard, Houston, Texas, USA 77058. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (" Demand"). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, we or you may commence an arbitration proceeding.
  2. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, " AAA Rules") of the American Arbitration Association (" AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
  3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13. INJUNCTIVE RELIEF

You acknowledge that your unauthorized use of the App or unauthorized disclosure, use or disposition of any Content would cause irreparable harm and significant injury to us that would be difficult to ascertain. Accordingly, you agree that we shall have the right to seek appropriate equitable relief in any court of competent jurisdiction, in addition to any other remedies that may be available under these Terms or at law. You waive the requirement of any bond being posted as security for such equitable relief.

To the fullest extent permitted by applicable law, if you claim that you have incurred any loss, damages or injuries in connection with your use of the App, then the losses, damages and injuries will not be deemed irreparable or sufficient to entitle you to an injunction or other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and you will not be permitted to obtain, any court or other action, order or ruling that may interfere with or prevent our development or exploitation of any website, application, content, product, service or intellectual property owned, licensed, used or controlled by us or a licensor of ours, including but not limited to the App.

14. ASSIGNMENT

These Terms cannot be assigned or transferred by you without our prior written consent. We may assign our rights and delegate our obligations under these Terms to any other person at our sole discretion, with or without notice to you. These Terms bind the parties to them, their heirs, successors, legal representatives and permitted assigns.

15. ENTIRE AGREEMENT

Unless explicitly agreed in writing, these Terms constitute the entire and exclusive agreement between you and us regarding your access and use of the App, and supersede and replace any prior agreements between you and us regarding the App.

16. NO WAIVER

If either we or you fail to enforce any right arising under these Terms on any occasion, the failure shall not waive that or any other right.

17. STRICT CONSTRUCTION

These Terms may not be construed more strictly against one party than the other.

18. DATA CHARGES, MOBILE PHONES AND THIRD-PARTY APPS

You are responsible for any charges, including for text-messaging and data, that you may incur for using your mobile phone in connection with the App. Under no circumstances will we be liable for any charges you incur for using your mobile phone in connection with the App.

We are not responsible for any costs, expenses or other liabilities you may incur as a result of using any third-party application or service, including but not limited to any damage, loss, or corruption of any software, information or data. You acknowledge that use of any third-party applications or services is at your own risk.

19. NO AGENCY

You and we are not agents of each other, and nothing in these Terms shall be construed to establish an agency or fiduciary relationship between the parties.

Should you have any questions concerning these Terms, please write to: contact@epsyhealth.com