These Terms of Service constitute an agreement between you and Symple Health Inc. ("Symple Health"). The terms of this Agreement govern your use of Symple Health’s application called Symple (“Symple” or “App”), available on the iTunes App Store, and related markets, the supporting website called www.sympleapp.com and called www.symplehealth.com. By visiting or interacting with the App or the corresponding website at www.sympleapp.com (“Site”), either as a visitor or as a user, you agree to be bound by the terms of this Agreement.
1. Description of Service
Symple is an application ("App") whereby you can track symptoms and other factors of chronic conditions and general health. You understand and agree that the App is provided "AS-IS" and that Symple Health Inc. assumes no responsibility for the use of the App. Symple Health Inc. is constantly innovating and seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App which Symple Health Inc. provides may change from time to time without prior notice to you. You may stop using the App at any time. By using this App, you acknowledge that Symple Health Inc. does not control in any manner the nature, quality, or accuracy of user-generated content, such as data saved and interpretations made. You agree that Symple is a neutral engine for people to record their symptoms’ severities and potential, correlating factors, journal entries, photos, and other information pertaining to health and wellbeing.
The App may not be used by minors (those under 18 years of age, or otherwise under applicable law), or by other individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the App or the Site. By downloading and using Symple, you represent that you are age 18 or older.
3. Symple Does Not Provide Medical Advice
Any information published by Symple Health, Inc., including text, graphics, images, symptoms, treatments, dosages, outcomes, charts, profiles, photographs, advice, comments, messages, and other information, is for informational, research and educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease.
If you think you may have a medical emergency, call your doctor or 911 (emergency health access) immediately. Symple Health, Inc. does not recommend or endorse any specific course of action, tests, resources, physicians, products, procedures, drugs, opinions, or other information that may be mentioned in relation to the App, as reviewed in the App Store, on the Symple Facebook, Twitter, Website, or elsewhere. Reliance on any information provided by Symple or Symple Health, Inc., on data compiled on the App, the website, or on other users’ experience with the App or website is solely at your own risk.
4. Code of Conduct and Lawful Use of the App
You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit, whether publicly posted or privately transmitted. You agree not to post or upload anything to the Symple App Web Site or App Store page that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person or medical profession; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the App to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.
Symple does not sell and will not transmit any personally identifiable information about you to third parties. However, you may still feel uncomfortable storing health information to a connected device. Therefore, you should consider the safety and privacy of your data before using the App generally, and utilizing the export feature of the App specifically. You should refrain from sharing or exporting data unless you are certain that the receiving email address is authorized, credible, and secure. You should understand that anyone can access your data if your smartphone is outside of your immediate control, and view the data entered into the app, if proper measures have not been taken to secure your smartphone.
If you are reading this Terms of Service Agreement because you are concerned about the privacy of your data on your smartphone, we urge you to recognize and fulfill your responsibility to protect the privacy of your data by keeping your smartphone secure at all times and using all means possible to secure your data. In using the App, you are free to define any data fields in any language that makes you feel comfortable. You may easily edit symptom names (to obscure their meaning) without changing the associated, historical data. However, the relevant International Classification of Disease (ICD 10) codes will remain. To circumvent the application of ICD-10 codes, please create and use custom symptoms, a feature that is available to all end users at all times.
The App is not networked, meaning that the data remains on your smartphone at all times, unless and until you export it. Should you export your data, please consider that the person with whom you shared it may or may not share it more broadly, with or without your permission or knowledge. Therefore, shared data should be considered data that has been made available to the public domain, so please use due caution before sharing your data.
Data can only be exported at your command. When exporting data, you acknowledge that your data is NOT email-deidentified and should therefore be considered data for public use.
You are free to stop using the App at any time. If you choose to stop using the App, simply delete Symple from your smartphone. Doing so will irretrievably delete all Symple data from your device EXCEPT photos that were taken using the App which will persist in your smartphone's image storage utility, AND Apple Health data if you should choose to keep it. Finally, any data files that were shared will also persist until they too are deleted.
You should be aware that Symple Health, Inc. may collect information regarding the use of the App and may cause the App to communicate to Symple Health, Inc. information about its operations even if you are not connected to the internet or a mobile service.
Symple Health, Inc., collects non-personal information if you are using our App. We use Flurry Analytics, Crashlytics/Fabric, and Google Analytics to report crashes, usage, device and operating system data, and generalized location (by country/metropolitan area). In the event of a crash, we will receive information about the device model, operating system, and carrier, which allows us to identify and fix bugs and otherwise improve the performance of Symple. This information is sent to us in an aggregated, de-identified manner and is not traceable to an individual and cannot be used to identify an individual.
Symple Health, Inc. is the sole owner of all such information it collects. Symple Health, Inc. uses industry-standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information entered into the App in a secure operating environment that is not available to the public, we cannot guarantee complete security. We cannot and do not guarantee that our security measures will prevent third party "hackers" from illegally accessing our site or App and obtaining access to content or information thereon.
6. Changes and Limits to Service
Symple Health Inc. reserves the right to modify the App (or any part or functionality thereof) with or without notice. You agree that Symple Health Inc. has no responsibility or liability for any deletion or failure to store any data or other content maintained or transmitted by the App. You also agree that Symple Health Inc. reserves the right to change these limits at any time.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF SYMPLE IS AT YOUR SOLE RISK. THE APP AND SERVICES AVAILABLE ARE PROVIDED ON AN "AS IS" BASIS. SYMPLE HEALTH, INC., EXPRESSLY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (2) SYMPLE HEALTH, INC. DOES NOT WARRANT THAT (a) THE APP WILL MEET YOUR REQUIREMENTS; (b) THE APP WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE DATA RECORDED THROUGH THE APP WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED. (3) ANY INFORMATION OR CONCLUSIONS DRAWN OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY USE OF THAT DATA. (4) THE CONCLUSIONS AND INFORMATION DRAWN BY YOU ARE NOT IN ANY WAY APPROVED OR ENDORSED BY SYMPLE HEALTH, INC., AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. SYMPLE HEALTH, INC. DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION WITH THIS APP AND, THEREFORE, SYMPLE HEALTH, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USE OF THE APP.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYMPLE HEALTH, INC. ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYMPLE HEALTH, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE APP; (b) ANY ACTION YOU TAKE BASED ON THE CONCLUSIONS YOU DRAW BY USING THE APP, (c) FAILURE TO KEEP YOUR DATA SECURE AND CONFIDENTIAL, (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; or (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
You agree to indemnify and hold harmless Symple Health, Inc., its owners, officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Notices to users may be made by updates when updating your app (which you update on the relevant App Store). Symple Health, Inc. may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on their Website, www.sympleapp.com and or www.symplehealth.com.
11. Modifications to this Agreement
Symple Health, Inc. reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the App after the date on which this Agreement has changed, Symple Health, Inc. will treat your use as acceptance of the updated Agreement.
12. General Legal Terms
These Terms of Service constitute the entire agreement between you and Symple Health, Inc. and govern your use of the App, superceding any prior agreements between you and Symple Health, Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software, should we introduce such. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. All disputes arising under, or in any way connected with use of the App, shall be litigated exclusively in the state courts residing in the State of Delaware, and in no other court or jurisdiction. You and Symple Health, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.
Symple Health, Inc., Symple App, Symple Health, and other related logos and product and service names are trademarks of Symple Health, Inc. Unless you have agreed otherwise in writing with Symple Health, Inc. nothing in this Agreement gives you a right to use or display any of these trademarks in any manner.
Symple Health, Inc. may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, contact Symple Health, Inc. at:
Symple Health, Inc.
ATTN: Terms of Service Agreement