This Agreement is between the user and MyselfTracker for use of the MyselfTracker Ⓡ mobile application, website myselftracker.com, and all related services, features and content offered by the Company. This Agreement is not concluded with Apple, Inc., any of its subsidiaries, Google, Inc., any of its subsidiaries or any other entity as may apply.
Acceptance of terms
The user agrees to the terms of the agreement by accessing or using the app. The agreement may be modified from time to time, and the user will be notified of these changes. Continued use of the app after being presented with a new version of the Agreement indicates acceptance of said Agreement.
Medical services disclaimer
The app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Users should consult with a licensed physician before making decisions that may affect their health. If users have questions about their health, they should consult with their healthcare professional. If users think they have a medical emergency, they should call emergency services immediately.
The provided materials may contain errors or omissions, and are not guaranteed to be accurate. Any violation of ethical or moral standards in your community is your responsibility. We are not liable for anything that would be illegal to exclude or limit.
Your use of the App
App users are governed by the company’s privacy policy. App users are responsible for their own communications and any consequences that arise from them. If a user feels threatened or believes someone else is in danger, they should contact local law enforcement immediately. Users agree not to use the app for any purpose prohibited by this agreement.
The individual agrees that they will be in breach of the agreement if they take any of the following actions, and you agree that you SHALL NOT:
a. resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
b. modify, reverse engineer, decompile or disassemble the App;
c. copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company;
d. permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
e. circumvent or disable any technological features or measures in the App for the protection of intellectual property rights;
f. use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
g. use or access the App to compile data in a manner that is used or usable by a competitive product or service;
i. use your Account to engage in any illegal conduct;
j. upload or transmit any communications that infringe or violate the rights of any party;
k. It is prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material or anything else that could give rise to civil or criminal liability under applicable law. Uploading material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software is also prohibited.
Any such forbidden use shall immediately terminate your license to use the App.
Limited Licence to the App
The Company owns all text, images, photos, audio, video, location data, software code and other forms of data or communication that it creates and makes available in connection with the App. This includes but is not limited to visual interfaces, interactive features and graphics design. The company does not grant users any express or implied rights to the App or company content. All rights are retained by the company.
Use at your own risk
The App’s goal is to make health-related information more readily available and useful. The App cannot and does not guarantee health-related improvements or outcomes. Users of the App agree that it is not intended to match or serve the same purpose as a medical device or healthcare provider.
Access Code
Access Code is stored inside of your mobile device and we have no access to it.
Warranty Disclaimer
The app is provided “as is”, “as available” without any representations or warranties of any kind. There are no guarantees that the app will be secure or available at any particular time or location. Any defects or errors will not necessarily be corrected. There are no guarantees that the content and software available through the app will be free of viruses or other harmful components. Using the app is solely at your own risk and some states/countries do not allow limitations on implied warranties.
Limitation of Liability
In no event will the company or any of its officers, directors, agents, affiliates, employees, representatives, suppliers, partners advertisers or data providers be liable for any indirect special incidental consequential exemplary or punitive damages. The company’s total liability arising out of these terms and from the use of the app shall not exceed amounts paid to the company for using it. Some jurisdictions do not allow limitations on liability so they may not apply to you. None of the aforementioned parties mentioned in this agreement shall be liable for personal injury including death caused by your misuse of this app.
Use of Mobile Devices
The App may be used on a mobile device, but the carrier’s normal rates and fees will still apply.
Your feedback
App users are encouraged to provide feedback. Communications sent to the App developers may be published at the discretion of the App developers. Users agree that their communications can be used by the App developers for any purpose and in any way deemed appropriate by them.
Enforcement rights
The Company has the right to monitor access and use of the App, and may disclose any unlawful conduct to law enforcement authorities. The Company has the right to remove or disable any content posted on the App, or deny access to the App, at any time and for any reason. The Company is not liable for its performance or nonperformance of monitoring activities.
Questions and comments
We will be happy to answer any of your questions and listen to your suggestions via our Feedback form.