Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Last updated: November 1, 2024

These terms and conditions set forth on this web page (together with any other policies referenced herein which are hereby incorporated by this reference, these “Terms of Service”) constitute a legally binding agreement between you and TIP Global Health (“TIP Global Health”, “we”, “us”, or “our”), and are the Terms of Service governing (i) access and use of the E-Heza Digital Solutions (“E-Heza”) , and (ii) download, install, access, or use the E-Heza digital data collection application (the “Application”), (the “Website” and “Application” together, the “Platform”).

By using the Platform, you agree to fully comply with and be bound by the following Terms of Service each time you use the Platform (including any information posted thereon). If you do not agree to these Terms of Service, you must not access or use the Platform or any part thereof. Our collection and use of personal information in connection with your access to and use of the Platform is governed by our Privacy Policy, which is available at https://tip-global-health.github.io/eheza-documentation/policy_docs/data-protection-policy/which is hereby incorporated by reference into these Terms of Service. Please review the following terms and our Privacy Policy carefully.

In the event of any inconsistency between the statements made in these Terms of Service and the Privacy Policy as it relates to the subject matter of the Privacy Policy, the terms of the Privacy Policy take precedence over these Terms of Service. All terms defined in these Terms of Service and Privacy Policy shall have the meaning ascribed to them in the respective document and, if such term is not defined in the relevant document, it shall be ascribed the meaning given to it in these Terms of Service or Privacy Policy, as applicable.

Platform Usage and Limitations

The contents of the Platform, including text, graphics, images, video and audio files, information, and other materials contained or made available on the Platform (collectively, “Content”) is for your personal, non-commercial use strictly in relation to your employment or other labor responsibilities, and is for informational purposes only. All medical diagnoses, recommended medical treatments, or other medical guidance and information provided through the Platform (collectively “Medical Information”) is produced using an algorithm based on data you input into the Platform, and follows recognized international standards based on symptoms and other health data you input. The accuracy and efficacy of the Medical Information is dependent on the accuracy and efficacy of the information you input into the Platform. Further, we cannot guarantee the accuracy or efficacy of the Medical Information or the Platform. The Medical Information is intended to be a guide to help you provide professional advice, provide medical diagnoses, and suggest medical treatment, and should not be treated as definitive or a replacement for medical treatment, diagnoses, or consultation or for knowledge obtained by you in the course of formal education or professional training. You are responsible for the accuracy of diagnoses and healthcare advice you provide. If you are unsure of the accuracy of a diagnosis or recommendation provided by the Platform, you should always seek the advice of another physician, licensed mental health provider, or other qualified health provider.

We do not recommend or endorse any specific tests, products, procedures, medical treatments, Content, treatments, or other information that may be referenced or featured on the Platform or linked to or from the Platform. TIP Global Health is not responsible for how third parties use, store and process information that you provide to them, even if you are connected to such person or entity as a result of your use of the Platform. We are only responsible for information that you share with us directly.

Changes to these Terms of Service

These Terms of Service may change from time to time. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check these Terms of Services periodically for updates. If we make material changes to these Terms of Service, we will notify you through a notice sent via Platform. The date these Terms of Service were last revised is identified at the top of these Terms of Service.

Accounts

You need an account to carry out most activities on the Platform, including to create a personal profile and to otherwise interact with the Platform.

When creating an account on the Platform, you must provide and continue to provide accurate and complete information when setting up and maintaining your account, including a valid email address. By submitting information requested by TIP Global Health in connection with your application, you represent and warrant that all information that you submit is true, accurate and complete in all respects.

You have complete responsibility for your account and everything that happens on your account, including any harm or damage to TIP Global Health, the Platform or to any other third party person or entity caused by someone using your account with or without your permission. This means that you must be careful with your password. You may not transfer your account to someone else or use someone else’s account with or without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the login credential information for that account or other information that enables us to validate your identity.

If you share your account login credentials with someone else, you are responsible for the actions that such person takes using your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect a breach of security) by contacting our support team at eheza@tipglobalhealth.org]. We may request some information from you to confirm that you are indeed the owner of your account.

The Platform is not intended to be used by children under 18 years of age. If you are under 18, do not register for, use, or access the Platform. If we learn a child under 18 years of age has registered, used, or accessed the Platform, or we have collected or received personal information from a child under 18 through such individual’s use of the Platform, we will delete that information and terminate any accounts of individuals under 18. If you believe we might have any information from or about a child under 18 that was collected thorough such individual’s use of the Platform, please contact us at eheza@tipglobalhealth.org. We have the right to disable any user name or password at any time if, in our opinion, you have violated any provision of these Terms of Service or for any other reason.

You can terminate your account at any time by contacting us at eheza@tipglobalhealth.org and informing us of your intent to do so. Upon termination of your account, we will delete all personal information you have provided to us in connection with your account unless we otherwise need to retain such information for tax, accounting, legal compliance or other business purposes.

Links to Third Party Websites

When you use the Platform, you may find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third party sites, including their collection of information about you or their use of any information that you make available to such websites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. You should also read their terms and conditions and privacy policies.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TIP GLOBAL HEALTH AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, AND DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, LOSS OR THEFT OF ANY DATA PROVIDED ON OR THROUGH THE PLATFORM (INCLUDING ANY CREDIT CARD OR OTHER PERSONAL INFORMATION), ANY WEBSITES LINKED TO THE PLATFORM, OR ANY SERVICES OR CONTENT OFFERED THROUGH THE PLATFORM OR ANY THIRD PARTY SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Warranties

You understand and agree that your use of the Platform (including all services, Medical Information, and Content offered through the Platform) is at your sole risk. Neither TIP Global Health, its affiliates nor any of their respective officers, directors, employees, agents, third party content providers or licensors warrant that the Platform will be uninterrupted or error free, nor does TIP Global Health make any representations or warranties as to the results that may be obtained from use of the Platform, or as to the accuracy, reliability or content of any information or service provided through the Platform. You understand that TIP Global Health cannot and does not guarantee, represent or warrant that information made available to you on the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, CONTENT, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM (INCLUDING ANY CONTENT PROVIDED THEREON) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIP GLOBAL HEALTH NOR ANY PERSON OR ENTITY ASSOCIATED WITH TIP GLOBAL HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM (INCLUDING ANY CONTENT PROVIDED THEREON). WITHOUT LIMITING THE FOREGOING, NEITHER TIP GLOBAL HEALTH NOR ANY PERSON OR ENTITY ASSOCIATED WITH TIP GLOBAL HEALTH REPRESENTS OR WARRANTS THAT THE PLATFORM (INCLUDING ANY CONTENT PROVIDED THEREON) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, TIP GLOBAL HEALTH HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

TIP GLOBAL HEALTH CANNOT AND DOES NOT GUARANTEE THAT THE INFORMATION PROVIDED ON THE PLATFORM, WILL BE ACCURATE, RELIABLE OR FREE OF ERRORS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Accessing the Platform

We reserve the right to withdraw, modify or amend the Platform, Content, Medical Information, or any other material we provide as part of the Platform in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. You are responsible for (i) making all arrangements necessary for you to have access to the Platform, including internet, mobile phone, computer and providing other equipment that you need to connect to the Platform, and (ii) ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Service and comply with them.

Prohibited Uses

You shall use the Platform for lawful purposes only. You shall not use the Platform to (i) transmit any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, libelous, obscene, profane, or otherwise objectionable, (ii) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable federal, state, local, or international law or regulation, (iii) transmit content which contains advertising or any solicitation with respect to products or services without our prior consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, (iv) impersonate any person or entity, (v) knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Service, (vi) input false, inaccurate, or misleading information to the Platform, or (vii) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm TIP Global Health or users of the Platform, or expose them to liability.

You shall not use any manual process or robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any material on the Platform. You shall not use any device, software, or routine that interferes with the proper working of the Platform, nor shall you introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. Any attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, including user names or passwords, the server on which the Platform is stored, or any server, computer, or database connected to the Platform does not comply with these Terms of Service and is strictly prohibited.

TIP Global Health’s Intellectual Property Rights

All right, title, and interest in and to the Platform, including all Content and Medical Information included or made available on the Platform are and will remain the exclusive property of TIP Global Health, its affiliates, and its licensors. You agree that you do not have any right to use the TIP Global Health or E-Heza trademarks (including the TIP Global Health or E-Heza names and all related names, logos, products and service names, domain names, designs, and slogans) without the written permission of TIP Global Health, to be given in its sole discretion.

Monitoring

TIP Global Health shall have the right, but not the obligation, to (i) monitor the content of the Platform, (ii) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform, and (iii) terminate or suspend your access to all or part of the Platform for any or no reason, including any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity and any other information of any user of the Platform.

You acknowledge and agree that additional terms of use may govern your use of any social media accounts or community groups that are hosted or made available on third party platforms. In addition, TIP Global Health assumes no responsibility for the privacy practices of such third party websites or platforms.

Indemnification

You agree to defend, indemnify, and hold harmless TIP Global Health, its affiliates, licensors, and its respective directors, officers, employees, and agents from and against all 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 of Service, our Privacy Policy, or any applicable law (including any law relating to the collection, storage and use of personal information), your use of the Platform, the Content, or the Medical Information, other than as expressly authorized in these Terms of Service or your use of any information obtained from the Platform.

You shall not transmit through the Platform any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right. You bear the burden in determining that any material is not protected by copyright, trademark, or other proprietary rights. You shall be solely liable for any damage resulting from any infringement of copyright, trademark. or other proprietary rights, or any other harm (including any violation of an individual’s privacy rights) resulting from such transmission.

You indemnify and hold harmless TIP Global Health from any claims resulting from any action taken by TIP Global Health during, or taken as a consequence of, investigations relating to your use of the Platform by either TIP Global Health or law enforcement authorities.

Geographic Restrictions

The owner of the Platform is based in the United States. We make no claims that the Platform is accessible or appropriate in any other jurisdiction, location, or territory. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the Territories, you do so on your own initiative and are responsible for compliance with any and all local laws.

Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in federal or state courts located in San Francisco County in the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Any cause of action brought by you with respect to the Platform must be instituted within one (1) year after the events giving rise to the cause of action occurred or shall be forever waived and barred

Compliance with Health Care Privacy Laws

TIP Global Health is not a health care provider, health insurance company or health care clearinghouse, nor is it a business associate of any of those types of entities. Notwithstanding, it is the sole responsibility of the Platform users to ensure that your use of the Platform is compliant with any healthcare related laws that may be applicable in your jurisdiction. We reserve the right to suspend your access to the Platform or delete any data in our sole and absolute discretion if we have reason to believe your use of the Platform is not compliant with any such laws.

Miscellaneous Terms

No waiver by TIP Global Health of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TIP Global Health to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

We may assign our rights and obligations under these Terms of Service without restriction. These Terms of Service will inure to the benefit of our successors, assigns, and licensees. You may not assign or transfer these Terms of Service (or the rights and licenses granted under them).

Except as they may be supplemented by additional terms of service, policies, guidelines, or standards, these Terms of Service (including any agreements and policies linked from these Terms of Service) constitute the entire agreement between TIP Global Health and you regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Your Feedback, Comments, and Concerns

Please contact us with any questions or requests related to the Platform or these Terms of Service at eheza@tipglobalhealth.org.