Terms and Conditions of Use
Last Updated: 2021.1.20
We may amend these Terms and Conditions and the Services from time to time. All notices of any material change will be posted on this page with an updated effective date and whenever such changes affect your rights, we will notify you of them in advance via email or other means we reasonably deem appropriate. However, it will be the User’s responsibility to regularly check this page for such notice. If the User continues to use our Services after such changes, the User will be deemed to have accepted such changes and be legally bound by the newly amended Terms and Conditions.
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
In order to create an account and use the Product and the Services, you must:
- be at least 18 years of age;
- be legally eligible to enter a binding agreement with Olive;
- not be a person who is prohibited from using Bello under the laws of any applicable jurisdiction;
- comply with all applicable laws, rules and regulations; and
- not misrepresent your age, identity, or other qualifications.
You will be solely responsible for maintaining the confidentiality of your login information and password and take appropriate measures to protect them. If you believe that a third party has gained unauthorized access to your account, you should notify us immediately.
3. Unauthorized Use of the Services and the Product
You shall not:
- act in an unlawful manner including being dishonest, abusive or discriminatory;
- disclose information that you do not have the right to disclose;
- use the Products and the Services in a way that damages the Products and the Services;
- use the Products and the Services for any purpose that is prohibited by applicable laws or these Terms and Conditions;
- copy, use or infringe any third party copyrighted materials, trademarks or other intellectual property without their rightful owners’ consents;
- upload any material that may compromise the security of the Product and the Services; or
- engage in any conduct that may violate these Terms and Conditions.
4. Service Monitoring/Suspension/Termination
We may also deactivate, terminate or suspend your account or access to certain part of the Services at any time: (1) if we, in our sole discretion, determine you are or have been in violation of these Terms and Conditions, (2) if we, in our sole discretion, determine you have created risk or possible legal exposure for the Services, the general public, any third party, or any user of the Product and the Services, (3) in response to requests by law enforcement or other government agencies, (4) upon discontinuation or material modification of any Services, or (5) due to unexpected technical issues or problems.
You may terminate or delete your account at any time for any reason by contacting email@example.com to ask delete your account.
5. Authorized Connections Only
You may only connect to the Product and the Services using (i) a device that is manufactured, distributed, or sold by Olive or through its authorized resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (collectively “Authorized Connections”). You may not connect to the Product or the Services with any device that is not manufactured, distributed or sold by Olive or through its authorized resellers or agents (such as a knock off or counterfeit version of the Product) or through a device that otherwise intends to resemble or purports to be the Product or any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access to the Products or the Services. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact firstname.lastname@example.org.
6. Use of Our Services and Products
6.1 Our Products and Services are not intended for therapeutic, diagnostics or medical use. Our Products and Services are intended to help users manage their overall health and wellbeing through capturing and tracking health related information and metrics and through providing access to articles and similar materials that may be of interest to Users. All information provided is for general guidance only and Olive does not accept any responsibility for its accuracy.
6.2 Our Services and Products and any information and/or services provided by our Services and Products are not intended to be used in the detection, diagnosis, monitoring or treatment of any condition, disease or vital physiological processes or for the transmission of time sensitive health information and Users are advised to seek advice from their doctor before attempting to self-diagnose or treat any physical or mental condition. Any health-related information found herein and in any materials or information acquired and/or accessed through our Services and Products is available only for your convenience and should not be treated as medical advice.
6.3 Olive is not liable for any injuries, damages, losses and/or cost suffered by Users, which were not incurred but for the service and/or information including recommendation, coaching, tip and/or guideline provided or acquired by or accessed through our Services or Products.
7. Disclaimer of Warranty
7.1 OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH ALL FAULT BASIS, WITHOUT WARRANTIES OF ANY KIND FROM OLIVE OR ITS THRID PARTY LICENSORS, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, OLIVE DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLIVE SHALL BE DEEMED TO ALTER THIS DISCLAIMER, OR TO CREATE ANY WARRANTY OF ANY SORT FROM OLIVE.
7.2 To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Olive, its subsidiaries, partners or any wireless carriers be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services; or (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Olive has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Olive, for any claim under these Terms and Conditions, including for any implied warranties, is limited to one thousand dollars (US $1,000.00).
7.3 To the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a User’s Personal Information, (c) any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.
*If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
8. Content Provided by Our Services
8.1 “Bello Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, food logs, recipes, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available by us through our Services. Bello Content, Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of applicable jurisdiction including the Republic of Korea. We reserve all rights to Bello Content including those rights not expressly set forth in these Terms and Conditions. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Bello Content or incorporated into our Services. Our logos and any other Olive Healthcare trademarks that may appear on our Services, and the overall look and feel of our Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on our Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
8.2 Subject to your compliance with these Terms and Conditions, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services and Bello Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in Bello Content or Services.
To the maximum extent permitted by applicable law, you agree to indemnify and hold Olive, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services, (b) your activities in connection with the Services, (c) your connection to the Services, (d) your violation of these Terms and Conditions, (e) your use or misuse of any user’s Personal Information, or (f) any violation of the rights of any other person or entity by you. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms and Conditions, and you agree to cooperate with our defense of these claims.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
11. Dispute Resolution
Except for the Users residing where prohibited by applicable law, the User and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with these Terms and Conditions (“Dispute(s)”) shall be submitted first to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association. The User understands and hereby agrees that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated. In addition, Disputes brought to arbitration pursuant to these Terms and Conditions may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration. Costs of arbitration shall be borne equally by both parties and upon resolution by the arbitrator, the losing party shall reimburse the prevailing party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms and Conditions or your use of the Services. The Terms and Conditions constitute the entire agreement between you and us with respect to your use of the Services.
Our failure to exercise or enforce any right or provision of the Terms and Conditions does not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms and Conditions without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and Conditions and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and Conditions and in connection with the Services.
Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms and Conditions. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.