Zoe by Healthee
Last Revised: March, 2023
1. Using Zoe
e. Registrant Obligations. When a Registrant creates the Account with us, he or she must provide us with accurate and complete information and agree to not sell, transfer, license or assign the Account, user name, or any Account rights to any third party. You shall ensure that all information submitted during the registration process is, and will thereafter remain, complete and accurate.
g. Availability. Zoe may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
2. Content, Feedback and Intellectual Property
a. Uploading and sharing content. Zoe allows you to provide certain content and information to us, including when you correspond with us or complete forms on Zoe. Anything that you upload or otherwise make available on Zoe is referred to as “Your Content.” You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through Zoe, it cannot always be withdrawn or returned to you.
If you close your account or remove content, we may keep a copy of it for certain business purposes.
d. Feedback you provide. If You send us any suggestions, feedback, or similar ideas for or about the Platform or any other any services and materials that we provide (collectively, “Feedback”), You agree that: (a) we exclusively own all right, title, and interest (including without limitation all IP Rights (as defined below)) in and to the Feedback, and You are not owed any compensation in exchange; (b) the Feedback does not contain confidential or proprietary information belonging to You or any third-party; (c) we may (ourselves and/or via third parties), in perpetuity, use, copy, distribute, sell, create derivative works of, and otherwise commercially exploit the Feedback for any purpose and in any way, and without any restriction or obligations of any kind whatsoever; (d) there is no obligation for us to review Your Feedback; and (e) we have no obligation to keep the Feedback confidential.
3. Pilots and Evaluation Products
a. Pilot. If agreed in the Order, you may be entitled to conduct an evaluation, ‘proof-of-concept’, or pilot of the Service (an “Pilot”). A Pilot is limited to whatever duration, features, and functionalities Company elects in its sole discretion (or that is otherwise specified in the Order), and, unless agreed otherwise in the Order, Company reserves the right to add and remove any features and functionalities, as well as terminate a Pilot, at any time, with or without notice.
b. Evaluation Products. From time to time, Company may permit you to try certain Service features or functionalities (whether new or existing) at no charge for a free trial or evaluation period (each, an “Evaluation Product”). Evaluation Products may be designated or identified as beta, pilot, evaluation, trial, or the like. Unless configured otherwise by Company, or agreed otherwise (for example, in the Order), the default evaluation period for an Evaluation Product (the “Evaluation Period”) is thirty (30) days. However, Company reserves the right to terminate an Evaluation Period at any time, with or without notice.
5. Acceptable Use
- Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse
- Attacks, bullies or harasses or includes hate-speech
- Infringes anyone’s intellectual property, privacy or other rights
- Is fraudulent or deceptive Contains any information or content that is illegal or knowingly false
Further, you are not allowed to:
- Share your log-in credentials (i.e. user name and password) with any third party;
- Provide access to Zoe to third parties, such as by allowing third parties to view the information contained within Zoe;
- Upload information about an individual when you do not have authorization or permission to do so;
- Access, tamper with or use non-public areas of Zoe, our systems or our technical providers’ systems;
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks;
- Use any undocumented or unsupported method to access, search, scrape, download or change Zoe or anything on it;
- Try to reverse engineer any of our software;
- Try to interfere with any other Registrant;
- Do anything that violates applicable law or regulations; and
- Encourage or help anyone do any of the things on this list.
6. Notification of Claims of Infringement
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Insurights, Inc. dba Healthee
368 9th Avenue
New York, NY 10001
8. Third-Party Links, Sites, and Services
11. Limitation of Liability
- ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
- ANY LOSS OF PROFITS, BUSINESS, OPPORTUNITY, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, OR WASTED EXPENDITURE;
- ANY LOSS OF, OR DAMAGE OR INTERRUPTION TO, DATA, NETWORKS, INFORMATION SYSTEMS, REPUTATION, OR GOODWILL; AND/OR
- THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
13. Governing Law and Jurisdiction
14. Governing Law and Jurisdiction
15. How to Contact Us
16. Term and Termination
- In accordance with any termination rights specified the Order;
c. Suspension. Company reserves the right to temporarily suspend provision of the Service: (a) if Company deems such suspension necessary as a result of your breach of the Subscription License (such as a breach under Section 4 (Acceptable Use)); (b) if Company reasonably determines suspension is necessary to avoid material harm to Company, to its other customers, or to the Service, including if the Service’s cloud infrastructure is experiencing denial of service attacks or other attacks or disruptions outside of Company’s control, or (c) as required by Law or at the request of governmental entities.
17. General Terms