IntelliCentrics SEC³URE Platform
BioBytes™ Terms of Use
ACCEPTANCE
The following BioBytes Terms of Use (these “Terms”) are a legally binding agreement between you (“You” and “Your” as used herein includes the individual on whose behalf this mobile application (this “App”) is being used) and IntelliCentrics, Inc. (“IntelliCentrics “). These Terms govern Your use of the App designed for Your mobile device (“Device”). Your use of this App means You have accepted these Terms and agree to be bound by them. If You do not agree to these Terms You must immediately stop using the App, and remove the App from Your Device.
If you have any questions about these Terms, you may email the IntelliCentrics at BioBytes.Support@IntelliCentrics.com.
LIMITED LICENSE TO APP
Unless otherwise expressly noted, IntelliCentrics and its licensors are the owners of all right, title, and interest in the App and its content, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names, and any and all other intellectual property, whether protectable or not and whether now known or hereafter existing, and all of the goodwill therein.
You are granted a limited, non-transferable, non-exclusive, revocable license to download, run and use this App on your Device. You acknowledge and agree that IntelliCentrics is granting You a license to use this App and is not selling or making an assignment of this App to You. This App is to be used by You. The sale, transfer, modification, reverse engineering or distribution of this App or the copying of included text or images is strictly prohibited.
To use the App, you must register for an IntelliCentrics account (“User Account”) in the BioBytes app available from the Apple Store or Google Play Store. You must be a person of legal age and able to form a legally binding contract in the jurisdiction in which you are a resident and from which you use the App and permitted to receive the User Account services and products under the laws of the jurisdiction in which you are a resident and from which you use the App. By proceeding with registering for a User Account and using the APP, you acknowledge that your age status complies with the aforementioned requirements.
COLLECTION OF PERSONAL DATA
IntelliCentrics may request personal data and other information to permit and/or facilitate utilization of the App. IntelliCentrics will maintain your personal data in accordance with its Privacy Policy, which is available here.
You are encouraged to review the Privacy Policy prior to using the App.
If you create, transmit, or display information while using the Services (defined below), you may provide only information that you own or have the right to use. IntelliCentrics will only use information you provide as permitted by the IntelliCentrics’ Privacy Policy and applicable law. The purpose of the Privacy Policy is to identify the information we collect online, the steps we take to protect it and Your choices regarding how that information is used.
NO MEDICAL ADVICE
IntelliCentrics, the APP, other IntelliCentrics software, products or services offered by IntelliCentrics (collectively “Services”) do not offer medical advice. Any information or content provided or accessed through the Services, are for informational purposes only, and are not intended to cover all possible uses, directions, precautions, safety measures, Your decisions, others decisions using the Services, drug interactions, or adverse effects. This includes, but is not limited to, the information provided by IntelliCentrics, its employees, agents, other third-party Service users, and/or any other third party in response to questions you may submit or inquired during the use of the Services, a conversation relating to the Services or otherwise. The content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, Your health safety, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Services. Call 911 or your doctor for all medical emergencies. INTELLICENTRICS IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, INTERACTIONS WITH THIRD PARTIES, DIAGNOSIS OR ANY OTHER INFORMATION, CONTENT OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICES.
LINKS TO OTHER WEBSITES
The App may contain links to third-party websites. IntelliCentrics is not responsible for the content found on any linked third-party websites and do not endorse any third-party website or their goods or services. If you use a third-party website or visit a third-party website from the APP, you will be subject to the terms of use that apply to such website.
ACCEPTABLE USE
You agree to obey all applicable laws and to respect the intellectual property rights of others. You agree not to submit, display, perform or otherwise distribute any proprietary, copyrighted, trade secret, or confidential information (including, but not limited to, photographs, videos or other intellectual property) for which you do not have a valid license. You are solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your Device. The burden of proving that any content does not violate any laws or third-party rights rests solely with You. In no event may You use this App in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of IntelliCentrics or any other party; (b) is unlawful, fraudulent, deceptive, indecent, inappropriate, pornographic or inhumane; (c) transmits a third- party’s proprietary information without consent; (d) attempts to introduce viruses or any other malicious computer code; (e) attempts to gain unauthorized access to IntelliCentrics’s computer network or user accounts; (f) encourages conduct that would constitute a crime; (g) violates the security measures on this App; or (h) violates these Terms. IntelliCentrics reserves the right, in its sole discretion, to terminate these Terms and/or demand that You remove this App from Your Device for any reason, including but not limited to, a complaint made to IntelliCentrics that You have violated a third-party’s rights. Violations of system or network security may result in civil or criminal liability. IntelliCentrics will investigate occurrences which may involve such violations, and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.
DISCLAIMER OF WARRANTIES & LIABILITY LIMITATIONS
This App may be under continuous development by IntelliCentrics and it may contain an error, flaw, failure, or fault in the program or system that causes it to produce an incorrect or unexpected result, or to behave in unintended ways. As such, any use of this App is provided “as-is” and on an “as available” basis and at Your own risk. To the maximum extent permitted by applicable law, IntelliCentrics disclaims all warranties and conditions, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the App and any component thereof, and the provision of or failure to provide support services. This limited warranty gives You specific legal rights. You may have others, which vary from jurisdiction to jurisdiction. Except as provided herein, there are no other warranties, conditions or promises about this App, expressed or implied, and all such warranties, conditions and promises are excluded to the full extent permitted by law.
Without limitation to the foregoing: (i) IntelliCentrics does not guarantee, represent, or warrant that Your use of this App will be uninterrupted or error-free, and You agree that from time to time IntelliCentrics may remove this App for indefinite periods of time, or cancel this App at any time, without notice to You; and (ii) IntelliCentrics does not guarantee, represent or warrant that this App will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and IntelliCentrics disclaims any liability relating thereto. You are responsible for backing up Your own device.
In no event will IntelliCentrics , its member, its member’s directors, its officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, special, exemplary, incidental, special, punitive or consequential damages of any kind, including damages for loss of profits, loss of business, or loss of business reputation, whether foreseeable or not or whether based in contract, tort (including negligence), strict liability, product liability or otherwise, even if IntelliCentrics or its representatives have been advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between IntelliCentrics and You.
IntelliCentrics would not have provided this App to You for free without such limitations. IntelliCentrics will use appropriate technical and organization measures to protect information submitted by You in connection with this App, but You acknowledge and agree that Your submission of such information is at Your sole risk. IntelliCentrics hereby disclaims any and all liability to You for any loss or liability relating to such information in any way. INTELLICENTRICS ASSUMES NO DUTY TO YOU BY MAKING THIS APP AVAILABLE AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR DEFECTS IN THIS APP OR THE CONSEQUENCES OF ANY DECISIONS OR ACTIONS TAKEN IN RELIANCE UPON THIS APP OR OTHER SERVICES. Your sole and exclusive remedy for any claim related to this App is to stop using it.
INDEMNIFICATION
By using this App You agree to defend, indemnify and hold harmless IntelliCentrics, its member (and the directors thereof), officers, employees, affiliates, agents, contractors and licensors with respect to any claims arising out of Your breach of these Terms, Your use of this App or any action taken by IntelliCentrics as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. This means that You cannot sue or recover any damages from IntelliCentrics, its member, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to refuse to process any information You provide to IntelliCentrics, to warn You, to suspend or terminate Your access to this App or to take any other action. This indemnity provision applies to all violations described in or contemplated by these Terms. You are entirely responsible for any and all activities (and any misuses) that occur under or that originate from Your device while using this App.
CHANGES, MODIFICATIONS & TERMINATION
IntelliCentrics reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on Your use of this App. Such modifications or additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of this App means You accept and agree to be bound by the modified Terms. IntelliCentrics may, at any time, modify or discontinue (temporarily or permanently) distributing or updating this App. IntelliCentrics is not obligated to provide any support services for this App. IntelliCentrics shall not be liable to You or any third party for any such modification, suspension or discontinuance of the App.
COMPLIANCE WITH LAWS
You represent and warrant that: (i) You are not located in, and will not transfer this App to a national of a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
SEVERABILITY
These Terms and IntelliCentrics’s Privacy Policy constitute the entire agreement between You and IntelliCentrics relating to this App. If any part of these Terms or the Privacy Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
WAIVER
IntelliCentrics’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.
FORCE MAJEURE
IntelliCentrics will not be responsible for failures to fulfill any obligations due to causes beyond its control.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the federal U.S. laws applicable therein, excluding its choice of law provisions, and the parties agree to submit to the personal and exclusive jurisdiction of the courts in Dallas, Texas. Notwithstanding the foregoing, in the event of Your or others’ unauthorized access to or use of the App or content in violation of these Terms You agree that IntelliCentrics is entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
GENERAL
These Terms do not limit any rights that IntelliCentrics or our licensors may have under trade secret, copyright, patent, or other laws.
