Term of Use
Effective December 1, 2024
END USER LICENSE AGREEMENT
The Care App is licensed to you (End-User) by Stack Health, LLC, (“Licensor”),
for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Stack Health, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Stack Health, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
The Care App when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. The Care App is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
1. THE APPLICATION
The Care App (“Licensed Application”) is a piece of software created to provide access to health tracking and wellness content for patients and employee members alike—customized for iOS and Android mobile devices (“Devices”). It is used to access health and wellness via the app including virtual care where applicable
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End- User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Stack Health, LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Stack Health, LLC’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it
complies with modified/new versions of the firmware and new hardware. You
are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and
support services for this Licensed Application. You can reach the Licensor at
the email address listed in the App Store or Play Store Overview for this
Licensed Application.
4.2 Stack Health, LLC and the End-User acknowledge that the Services have
no obligation whatsoever to furnish any maintenance and support services
with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your
downloaded Licensed Application content and Your personal information,
and that Licensor’s use of such material and information is subject to Your
legal agreements with Licensor and Licensor’s privacy policy, which can be
found at the bottom of the Licensed Application.
You acknowledge that the Licensor may periodically collect and use technical
data and related information about your device, system, and application
software, and peripherals, offer product support, facilitate the software
updates, and for purposes of providing other services to you (if any) related to
the Licensed Application. Licensor may also use this information to improve
its products or to provide services or technologies to you, as long as it is in a
form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials to
us or in the Licensed Application, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions
may be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit
may be treated in accordance with the Licensed Application Privacy Policy.
When you create or make available any Contributions, you thereby represent
and warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights
of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Licensed Application, and other users of the Licensed Application to
use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness or each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well- being of minors.
12. Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual preference, or
physical handicap.
13. Your Contributions do not otherwise violate, or link to material
that violates, any provision of this License Agreement, or any applicable
law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this
License Agreement and may result in, among other things, termination or
suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting suggestions or other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any
purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you
in any area in the Licensed Application. You are solely responsible for your
Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall
be limited to intent and gross negligence. Only in case of a breach of
essential contractual duties (cardinal obligations), Licensor shall also be liable
in case of slight negligence. In any case, liability shall be limited to the
foreseeable, contractually typical damages. The limitation mentioned above
does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused
due to a breach of duties according to Section 2 of this License Agreement.
To avoid data loss, You are required to make use of backup functions of the
Licensed Application to the extent allowed by applicable third-party terms
and conditions of use. You are aware that in case of alterations or
manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan
horses, viruses, or any other malware at the time of Your download. Licensor
warrants that the Licensed Application works as described in the user
documentation.
9.2 No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified, handled
inappropriately or culpably, combined or installed with inappropriate
hardware or software, used with inappropriate accessories, regardless if by
Yourself or by third parties, or if there are any other reasons outside of Stack
Health, LLC’s sphere of influence that affect the executability of the Licensed
Application.
9.3 You are required to inspect the Licensed Application immediately after
installing it and notify Stack Health, LLC about issues discovered without
delay by email provided in Contact Information. The defect report will be
taken into consideration and further investigated if it has been emailed
within a period of 7 days after discovery.
9.4 If we confirm that the Licensed Application is defective, Stack Health, LLC
reserves a choice to remedy the situation either by means of solving the
defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and Your
Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the
Licensed Application, and any other losses, claims, damages, liabilities,
expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months after the
Licensed Application was made available to the user. The statutory periods of
limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Stack Health, LLC and the End-User acknowledge that Stack Health, LLC, and
not the Services, is responsible for addressing any claims of the End-User or
any third party relating to the Licensed Application or the End-User’s
possession and/or use of that Licensed Application, including, but not limited
to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable
legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,
including in connection with Your Licensed Application’s use of the Care App.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is
subject to a US Government embargo, or that has been designated by the US
Government as a “terrorist supporting” country; and that You are not listed on
any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the
Licensed Application, please contact:
Stack Health
1099 Winterson Rd
support@corelifemd.com
Linthicum, MD
United States
support@corelifemd.com
13. TERMINATION
The license is valid until terminated by Stack Health, LLC or by You. Your
rights under this license will terminate automatically and without notice from
Stack Health, LLC if You fail to adhere to any term(s) of this license. Upon
License termination, You shall stop all use of the Licensed Application, and
destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Stack Health, LLC represents and warrants that Stack Health, LLC will comply
with applicable third-party terms of agreement when using Licensed
Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of
Developer’s End-User License Agreement,” both Apple and Google and their
subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this
License Agreement, both Apple and Google will have the right (and will be
deemed to have accepted the right) to enforce this End User License
Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Stack Health, LLC and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User’s possession
and use of that Licensed Application infringes on the third party’s intellectual
property rights, Stack Health, LLC, and not the Services, will be solely
responsible for the investigation, defense, settlement, and discharge of any
such intellectual property infringement claims.
All of the patents, trademarks, logos, trade names, rights in domain names,
copyrights, moral rights, design rights, database rights, rights in undisclosed
or confidential information (such as know-how, trade secrets, and inventions
(whether or not patentable)) and other similar intellectual property rights
(whether registered or not) and applications for such rights as may exist
anywhere in the world (collectively, “Intellectual Property Rights”) in the
Licensed Application and the material published on and through it (except
the Contributed Content) are owned by Stack Health, LLC, its licensors and
other providers of such material and are protected by Applicable Laws. You
may not engage in any activity on or through the Licensed Application,
including transmitting or using Contributed Content, that infringes or
otherwise makes unauthorized use of another party’s Intellectual Property
Rights.
You are not granted any right to use, and may not use, any of Stack Health,
LLC’s Intellectual Property Rights other than as set out in these Terms of Use
and subject to the following conditions:
a) you are granted a limited, personal, non-transferable, non-sublicensable
and revocable license to access and use the Licensed Application (or any part
of it or its contents) for your own personal use and may not copy, reproduce,
republish, upload, re-post, modify, transmit, distribute or otherwise use the
Licensed Application (or any part of it or its content) in any way for non-
personal, public or commercial use without prior written consent from Stack
Health, LLC;
b) you may not remove or modify any copyright, trademark or other
proprietary notices that have been placed in any part of the Licensed
Application; and
c) you may not use any data mining, robots or similar data-gathering or
extraction methods.
Stack Health, LLC reserves the right to monitor your use of the Licensed
Application and to alter or revoke your license or your access to the Licensed
Application at any time and for any reason. Your license shall terminate upon
the expiry or termination of your User Account.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Maryland
excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the
validity of the remaining provisions shall not be affected. Invalid terms will be
replaced by valid ones formulated in a way that will achieve the primary
purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid
down in writing. The preceding clause can only be waived in writing.
18. PAYMENT DETAILS
18.1 You can pay the fees for your subscription in person, at any CoreLife
facility through a credit card or Stripe payment, or through your account with
the applicable app store in the case of the Care App. The price of your
subscription, as well as the currency in which your subscription is payable, will
be specified during the order process and may vary depending on your
country of residence (as determined by the IP address of your device used to
access the Platform).
18.2 When you purchase a subscription, you must provide us with complete
and accurate payment information. By submitting payment details, you
represent that you are entitled to purchase a subscription using those
payment details. If we do not receive payment authorization or any
authorization is subsequently canceled, we may immediately terminate or
suspend your access to your subscription. Stack Health, LLC reserves the right
to contact the issuing bank/payment provider and/or law enforcement
authorities or other appropriate third parties if there is suspicious activity.
18.3 In addition to the subscription fee you are charged, certain banks and
credit card issuers may charge a foreign transaction fee on transactions
which take place overseas or in a foreign currency. You are responsible for
paying any such fees.
19. AUTOMATIC RENEWAL OF SUBSCRIPTION
19.1 Your subscription will automatically renew for the same term of your
initial subscription unless you cancel your subscription at least twenty-four
(24) hours before the end of the current billing period. However, you may
cancel your subscription at any time by navigating to your profile page within
your User Account and following the prompts to cancel your subscription.
Upon such cancellation, you will still be entitled to access the subscription
services on the Platform for the remainder of the duration that you have paid
for.
