Privacy Policy and Terms of Use

 

FORMS OF EULA (Android and iOS)

iBirth® End User License Agreement (Google Play)

This End User License Agreement (“Agreement”) is a binding, contractual agreement between you, as an individual, (“Licensee” or “You”) and 1EQ Inc., (“1EQ”, “Licensor”, “we” or “us”).  This Agreement applies solely to Your use of 1EQ’s proprietary iBirth® technologies and application software, including, without limitation, any documentation supplied therewith (whether in electronic or paper form) (collectively, the “Licensed Technology”), including all enhancements, versions, and modifications to the Licensed Technology, which Licensed Technology You have chosen to download from the Google Play store, which is located at https://play.google.com/store.  Both 1EQ and You acknowledge that this Agreement is between 1EQ and You, and that Google, Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, “Google”) is not a party to this Agreement.  By clicking the button below labeled, “I Accept” or by accessing or using the Licensed Technology, You are indicating Your acceptance and agreeing to all of the terms and conditions of this Agreement.  This Agreement incorporates by reference the Google Play Store Terms of Service http://play.google.com/intl/en_us/about/play-terms.html (the “Google Play Terms of Service”). Upon valid acceptance of this Agreement (as described above), You agree and understand that You are also bound by the Google Play Terms of Service.  If You do not accept and agree to the foregoing terms and to the following terms and conditions, You will not be permitted to access or use the Licensed Technology.

  1. LICENSE. Upon Your acceptance of the terms of this Agreement, the 1EQ Privacy Policy, and Your registration as a user, You will be permitted to access and use the Licensed Technology in machine-readable, executable, object code form by downloading an App solely for Your own personal purposes, through the Google Play store (“Google Play Store”) for use solely on Your Android device (“Mobile Device”) by means of an end user interface linked to the Google Play Store.  Subject to the terms and conditions of this Agreement, You are granted a limited, non-sublicenseable, non-transferable, non-exclusive license to use the Licensed Technology on any Mobile Device that You own or control, subject to the Google Play Terms of Service, unless and until this Agreement is terminated. Except as may be otherwise required by applicable law or as provided in 1EQ’s then-current maintenance and support policies, 1EQ shall not be obligated to provide any maintenance and support with respect to the Licensed Technology, and, in no event, shall Google be required to provide any such maintenance and support.
  2. RESTRICTIONS. You may not use, copy, modify, download or transfer the Licensed Technology or any component of the Licensed Technology, in whole or in part, except as expressly provided in this Agreement. You may not reverse-engineer, disassemble, decompile, or translate the Licensed Technology, attempt to derive the source code of the Licensed Technology, or create any derivative works from or based upon the Licensed Technology, or authorize any third party to do any of the foregoing.  Any attempt to transfer any of the rights, duties or obligations under this Agreement is void.  You may not remove or alter any proprietary notice or legend in or on the Licensed Technology.  You may not use the Licensed Technology except in accordance with applicable laws, rules and regulations.
  3. OWNERSHIP. The Licensed Technology is the property of Licensor (or its third-party licensors), and, except for the limited license rights expressly granted to You in this Agreement, 1EQ (and/or its third-party licensors, as applicable) retains all right, title and interest in and to the Licensed Technology, including, without limitation, any and all copyrights, patents, trademarks, trade names, service marks, logos and/or trade secrets and any other intellectual property and/or proprietary rights therein.  In addition, You agree that any and all data that You supply to 1EQ in connection with this Agreement and/or Your use of the Licensed Technology, other than non-public personal information and/or Protected Health Information (“NPI” and “PHI”, respectively), shall be owned by 1EQ to the extent permitted by law, and You hereby grant 1EQ all right title, and interest in and to such data, including, without limitation, any and all intellectual property, proprietary and/or moral rights therein.  All information and data collected via the Licensed Technology is governed by the Privacy Policy, incorporated with this reference.
  4. REPRESENTATIONS AND WARRANTIES. By using the Licensed Technology, You represent and warrant that (a) Your use of the Licensed Technology does not violate any applicable law, rule or regulation; (b) You have the right to and are able to enter into this Agreement; (c) You will not impersonate any other person or entity or permit third parties to use Your copy of the Licensed Technology; (d) You will not use the Licensed Technology to violate 1EQ’s or any third party’s rights including without limitation privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (e) You shall comply with all applicable third party agreements when using the Licensed Technology, (including without limitation, Your wireless service agreement and the Google Play Terms of Service); and (f) You shall not use the Licensed Technology in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
  5. DISCLAIMER. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LICENSED TECHNOLOGY IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE LICENSED TECHNOLOGY RESIDES WITH YOU.  LICENSOR AND ITS THIRD-PARTY LICENSORS, SUPPLIERS, AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.
  6. HEALTH DISCLAIMER. The Licensed Technology provides non-customized nutrition, diet, fitness and/or weight management information, applications and content for Obstetrics/Midwifery patients transmitted over the Internet and is/are intended only to assist You in Your personal diet and nutritional efforts. Nothing contained in the Web Site or obtained through the use of the Licensed Technology (including, without limitation, content and/or communications) should be construed or interpreted as medical advice or diagnosis. The USE OF THE LICENSED TECHOLOGY AND THE information, content and reports generated through the use of the Licensed Technology DO NOT CONSTITUTE MEDICAL ADVICE AND/OR TREATMENT AND should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor.  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, You hereby expressly waive any and all claims that you (and/or your heirs, successors, or assigns) may have, now or in the future, against 1EQ, its third-party licensors, and/or partners (the “Released Parties”) based upon your use of the Licensed Technology and/or the results thereof, including, without limitation, those related to health, illness, and/or any adverse consequences, that You may incur or suffer while using the Licensed Technology (“Claims”), and You (and/or your heirs, successors, or assigns) hereby forever release and discharge the Released Parties from any and all of such Claims. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, 1EQ HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE).
  7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL LICENSOR, ITS THIRD-PARTY LICENSORS, SUPPLIERS, OR PARTNERS BE LIABLE FOR ANY LOSS OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH, OR ARISING OUT OF, THE FURNISHING, PERFORMANCE OR USE OF THE LICENSED TECHNOLOGY, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CUMULATIVE LIABILITY (IF ANY) OF LICENSOR, ITS THIRD-PARTY LICENSORS, SUPPLIERS, AND PARTNERS UNDER THIS AGREEMENT FOR DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT AND IN THE AGGREGATE, EXCEED ONE THOUSAND DOLLARS (U.S $1,000.00).   The limitations of liability and exclusions of damages set forth in this Agreement are an essential basis of the bargain between You and 1EQ and shall apply, to the maximum extent permissible by applicable law, even in the event that any other remedy fails of its essential purpose.
  8. DATA SECURITY AND THE INTERNET. Licensor uses industry-standard efforts and has established reasonable security protocols and procedures to safeguard the confidentiality of the information that You submit in connection with the use of the Licensed Technology. With regard to PHI, these protocols and procedures include compliance with the Health Insurance Portability and Accountability Act’s Security Rule requirements.
  9. INDEMNITY. Where permitted by law, You agree to indemnify, defend, and hold harmless Licensor and its third-party licensors, and their directors, officers employees and agents (collectively, the “Indemnified Parties”), from and against any and all suits, losses, claims, demands, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees) that any of the Indemnified Parties may sustain or incur based upon or arising out of (a) Your use of the Licensed Technology other than strictly in accordance with this Agreement, or (b) Your breach of this Agreement, including, without limitation, any of Your representations, warranties or covenants contained herein.
  10. TERMINATION. This Agreement will terminate immediately without notice to You if You breach any term or condition herein or, upon notice to You (which may be by email) in the event that 1EQ’s contract with Your Health Care Provider expires or is terminated.  Upon termination of this Agreement, all license and other rights granted to You under this Agreement will immediately terminate.  The following Sections shall survive the termination of this Agreement:  Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11.
  11. GENERAL PROVISIONS. This Agreement will be governed by the laws of the State of Delaware, without regard to, or application of, rules or principles regarding, conflicts of law.  You acknowledge that Licensor will have the right to obtain injunctive relief (without the requirement of posting a bond) in the event of a breach or threatened breach by You of this Agreement.  If any provision of this Agreement is held to be unenforceable, that provision will be excised from this Agreement to the minimum extent necessary to maintain compliance with applicable law, and the remaining provisions will continue in full force and effect.  In the event that Licensor prevails in any proceeding or lawsuit brought by either party in connection with this Agreement, and without limiting any other remedies herein or available under applicable law or in equity, Licensor will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees.  The waiver by Licensor of any breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself or preclude Licensor’s right to require such performance at a later time.  You may not assign this Agreement or any of Your rights or obligations under this Agreement, in whole or in part or by operation of law or otherwise, without the express prior written consent of Licensor in each instance, and any attempted or purported assignment by You shall be null and void.  You hereby represent and warrant that (i) You are not located in 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 U.S. Government list of prohibited or restricted parties.  Google shall be deemed to be an express third-party beneficiary of this Agreement, and upon Your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You, as a third party thereof.  This Agreement is the complete and exclusive statement of the agreement between Licensor and You with respect to the subject matter hereof, and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to such subject matter.  If we modify or amend this Agreement, we will post a notice on https://www.ibirthapp.com.

¨ I have read the Agreement, and I agree to all of the terms and conditions set forth above.

[I ACCEPT]                                

 

iBirth® End User License Agreement (iOS)

This End User License Agreement (“Agreement”) is a binding, contractual agreement between you, as an individual, (“Licensee” or “You”) and 1EQ Inc. (“1EQ”, “Licensor”, “we” or “us”).  This Agreement applies solely to Your use of 1EQ’s proprietary iBirth® technologies and application software, including, without limitation, any documentation supplied therewith (whether in electronic or paper form) (collectively, the “Licensed Technology”), including all enhancements, versions, and modifications to the Licensed Technology.  Apple Inc. (“Apple”) is not a party to this Agreement (except as provided in Section 10 below with respect to its third-party beneficiary status), and 1EQ is solely responsible for the Licensed Technology and the content thereof.  Both 1EQ and You acknowledge that this Agreement is between 1EQ and You, and that Apple (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, “Apple”) is not a party to this Agreement.  By clicking the button below labeled, “I Accept” or by accessing or using the Licensed Technology, You are indicating Your acceptance and agreeing to all of the terms and conditions of this Agreement.  If You do not accept and agree to the foregoing terms and to the following terms and conditions, You will not be permitted to access or use the Licensed Technology.

  1. LICENSE. Upon Your acceptance of the terms of this Agreement, the 1EQ Privacy Policy, and Your registration as a user, You will be permitted to access and use the Licensed Technology in machine-readable, executable, object code form by downloading an App solely for Your own personal purposes, through the iTunes App Store (“App Store”) for use solely on Your iOS Mobile Device (“Mobile Device”) by means of end user interface linked to the App Store.  Subject to the terms and conditions of this Agreement, You are granted a limited, non-sublicenseable, non-transferable, non-exclusive license to use the Licensed Technology on any Mobile Device that You own or control, subject to the Usage Rules set forth in the App Store Terms of Service, unless and until this Agreement is terminated. Except as may be otherwise required by applicable law or as provided in 1EQ’s then-current maintenance and support policies, 1EQ shall not be obligated to provide any maintenance and support with respect to the Licensed Technology, and, in no event, shall Apple be required to provide any such maintenance and support.
  2. RESTRICTIONS. You may not use, copy, modify, download or transfer the Licensed Technology or any component of the Licensed Technology, in whole or in part, except as expressly provided in this Agreement. You may not reverse-engineer, disassemble, decompile, or translate the Licensed Technology, attempt to derive the source code of the Licensed Technology, or create any derivative works from or based upon the Licensed Technology, or authorize any third party to do any of the foregoing.  Any attempt to transfer any of the rights, duties or obligations under this Agreement is void.  You may not rent, lease, loan, resell for profit, or distribute the Licensed Technology, or any part thereof or use the Licensed Technology in any time–sharing or service bureau arrangement.  You may not remove or alter any proprietary notice or legend regarding Licensor’s or any of its third-party licensors’ proprietary rights in the Licensed Technology.  You may not use the Licensed Technology except in accordance with applicable laws, rules and regulations, and You may not use the Licensed Technology to defraud any third party or for any other unlawful purpose.
  3. OWNERSHIP. The Licensed Technology is the property of Licensor (or its third-party licensors), and, except for the limited license rights expressly granted to You in this Agreement, 1EQ (and/or its third-party licensors, as applicable) retains all right, title and interest in and to the Licensed Technology, including, without limitation, any and all copyrights, patents, trademarks, trade names, service marks, logos and/or trade secrets and any other intellectual property and/or proprietary rights therein.  In addition, You agree that any and all data that You supply to 1EQ in connection with this Agreement and/or Your use of the Licensed Technology, other than non-public personal information and/or Protected Health Information (“NPI” and “PHI”, respectively), shall be owned by 1EQ to the extent permitted by law, and You hereby grant 1EQ all right title, and interest in and to such data, including, without limitation, any and all intellectual property, proprietary and/or moral rights therein. Except as provided above, all information and data collected via the Licensed Technology is governed by the Privacy Policy, incorporated with this reference.
  4. REPRESENTATIONS AND WARRANTIES. By using the Licensed Technology, You represent and warrant that (a) Your use of the Licensed Technology does not violate any applicable law, rule or regulation; (b) You have the right to and are able to enter into this Agreement; (c) You will not impersonate any other person or entity or permit third parties to use Your copy of the Licensed Technology; (d) You will not use the Licensed Technology to violate 1EQ’s or any third party’s rights including without limitation privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (e) You shall comply with all applicable third party agreements when using the Licensed Technology, (including without limitation, Your wireless service agreement and the App Store Terms of Service); and (f) You shall not use the Licensed Technology in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
  5. DISCLAIMER. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LICENSED TECHNOLOGY IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE LICENSED TECHNOLOGY RESIDES WITH YOU.  LICENSOR AND ITS THIRD-PARTY LICENSORS, SUPPLIERS, AND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY. In the event that the laws of your jurisdiction do not permit the foregoing disclaimer of warranties and there is a defect or error in the Licensed Technology which 1EQ does not fix, you may notify Apple, and Apple will refund the purchase price (if any) that you have paid for your license to use the Licensed Technology, and, to the maximum extent permitted by applicable law, neither Apple nor 1EQ shall have any other warranty obligation whatsoever with respect to the Licensed Technology.  In the event of any third party claim that the Licensed Technology or Your possession and use of that Licensed Technology infringes that third party’s intellectual property rights, 1EQ shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, consistent with the terms this Agreement (including, without limitation, the disclaimers and limitations of liability set forth herein), and, in no event shall Apple be responsible for any such claim.
  6. HEALTH DISCLAIMER. The Licensed Technology provides non-customized nutrition, diet, fitness and/or weight management information, applications and content for Obstetrics/Midwifery patients transmitted over the Internet and is/are intended only to assist You in Your personal diet and nutritional efforts. Nothing contained in the Web Site or obtained through the use of the Licensed Technology (including, without limitation, content and/or communications) should be construed or interpreted as medical advice or diagnosis. The USE OF THE LICENSED TECHOLOGY AND THE information, content, and reports generated through the use of the Licensed Technology DO NOT CONSTITUTE MEDICAL ADVICE AND/OR TREATMENT AND should not be interpreted as a substitute for medical consultation, evaluation, or treatment by a qualified doctor.  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, You hereby expressly waive any and all claims that you (and/or your heirs, successors, or assigns) may have, now or in the future, against 1EQ, its third-party licensors, and/or partners (the “Released Parties”) based upon your use of the Licensed Technology and/or the results thereof, including, without limitation, those related to health, illness, and/or any adverse consequences, that You may incur or suffer while using the Licensed Technology (“Claims”), and You (and/or your heirs, successors, or assigns) hereby forever release and discharge the Released Parties from any and all of such Claims. NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED IN THIS AGREEMENT AND WITHOUT LIMITING THE FOREGOING, 1EQ HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY BASED UPON OR ARISING OUT OF MEDICAL ADVICE OR TREATMENT (INCLUDING, WITHOUT LIMITATION, THE FAILURE TO PROVIDE ANY MEDICAL ADVICE OR TREATMENT AND/OR MEDICAL OR PHYSICIAN/HEALTH CARE PROVIDER MALPRACTICE).
  7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL LICENSOR, ITS THIRD-PARTY LICENSORS, SUPPLIERS, OR PARTNERS BE LIABLE FOR ANY LOSS OF DATA OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH, OR ARISING OUT OF, THE FURNISHING, PERFORMANCE OR USE OF THE LICENSED TECHNOLOGY, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE CUMULATIVE LIABILITY (IF ANY) OF LICENSOR, ITS THIRD-PARTY LICENSORS, SUPPLIERS, AND PARTNERS UNDER THIS AGREEMENT FOR DAMAGES OF ANY KIND WILL NOT, IN ANY EVENT AND IN THE AGGREGATE, EXCEED ONE THOUSAND DOLLARS (U.S $1,000.00).   The limitations of liability and exclusions of damages set forth in this Agreement are an essential basis of the bargain between You and  1EQ and shall apply, to the maximum extent permissible by applicable law, even in the event that any other remedy fails of its essential purpose. Consistent with the foregoing, in no event shall Apple be responsible for addressing any claims by You or any third party relating to the Licensed Technology or Your possession and/or use of the Licensed Technology, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Technology fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  8. DATA SECURITY AND THE INTERNET. Licensor uses industry-standard efforts and has established reasonable security protocols and procedures to safeguard the confidentiality of the information that You submit in connection with the use of the Licensed Technology. With regard to PHI, these protocols and procedures include compliance with the Health Insurance Portability and Accountability Act’s Security Rule requirements.
  9. INDEMNITY. Where permitted by law, You agree to indemnify, defend, and hold harmless Licensor and its third-party licensors, and their directors, officers employees and agents (collectively, the “Indemnified Parties”), from and against any and all suits, losses, claims, demands, damages, liabilities, costs and expenses (including, without limitation, attorneys’ fees) that any of the Indemnified Parties may sustain or incur based upon or arising out of (a) Your use of the Licensed Technology other than strictly in accordance with this Agreement, or (b) Your breach of this Agreement, including, without limitation, any of Your representations, warranties or covenants contained herein.
  10. TERMINATION. This Agreement will terminate immediately without notice to You if You breach any term or condition herein or, upon notice to You (which may be by email) in the event that 1EQ’s contract with Your Provider expires or is terminated.  Upon termination of this Agreement, all license and other rights granted to You under this Agreement will immediately terminate.  The following Sections shall survive the termination of this Agreement:  Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11.
  11. GENERAL PROVISIONS. This Agreement will be governed by the laws of the State of Delaware, without regard to, or application of, rules or principles regarding, conflicts of law.  You acknowledge that Licensor will have the right to obtain injunctive relief (without the requirement of posting a bond) in the event of a breach or threatened breach by You of this Agreement.  If any provision of this Agreement is held to be unenforceable, that provision will be excised from this Agreement to the minimum extent necessary to maintain compliance with applicable law, and the remaining provisions will continue in full force and effect.  In the event that Licensor prevails in any proceeding or lawsuit brought by either party in connection with this Agreement, and without limiting any other remedies herein or available under applicable law or in equity, Licensor will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees.  The waiver by Licensor of any breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself or preclude Licensor’s right to require such performance at a later time.  You may not assign this Agreement or any of Your rights or obligations under this Agreement, in whole or in part or by operation of law or otherwise, without the express prior written consent of Licensor in each instance, and any attempted or purported assignment by You shall be null and void.  You hereby represent and warrant that (i) You are not located in 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 U.S. Government list of prohibited or restricted parties.  Apple and its subsidiaries shall be deemed to be express third-party beneficiaries of this Agreement, and upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You, as a third party thereof.  This Agreement is the complete and exclusive statement of the agreement between Licensor and You with respect to the subject matter hereof, and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to such subject matter.  If we modify or amend this Agreement, we will post a notice on https://www.ibirthapp.com.com.

Any and all questions, complaints, or claims with respect to the Licensed Technology should be directed to Licensor as follows: 1EQ Inc., 1101 30th Street, NW, Suite 305, Washington, DC 20007, 1(844) 692-2297, techsupport@ibirthapp.com.

¨ I have read the Agreement, and I agree to all of the terms and conditions set forth above.

[I ACCEPT]

1EQ Inc. Privacy Policy

This Privacy Policy describes the collection, use, and disclosure of information about you in connection with your use of 1EQ Inc.’s (“1EQ”, “we” or “us” ) proprietary iBirth® software application and related technology (“Application”) made available to you by 1EQ and in certain instances, on behalf of your health care provider (“Provider”).  This Privacy Policy does not govern any information you may share directly with Provider outside of the Application.  When you use the Application, the collection, use, and disclosure of information about you will be in accordance with this Privacy Policy, together with Provider’s Notice of Privacy Practices. If you do not consent to the collection, use and disclosure of your information as set forth above, you may not access or use the Application. Any capitalized term not defined in this Privacy Policy has the meaning given that term in Provider’s Notice of Privacy Practices.

Modifications to This Privacy Policy

1EQ may, at our sole discretion, revise this Privacy Policy from time to time. The most current version of the Privacy Policy will be made available to you within the Application. If we make material changes to this Privacy Policy, we will notify you within the Application by pushing a notification to you or posting a conspicuous notice prior to the effective date of the changes. You may be required to review and opt-in to the revised terms to continue to access the features of the Application. By continuing to access or use the Application after those changes become effective, you agree to be bound by the revised Privacy Policy.  If you do not agree to the revised Privacy Policy, you must uninstall the Application.

International Users

1EQ is based in the United States and the Application and any data is hosted in the United States. If you are accessing the Application from outside the United States, or visiting the United States from another country, by providing your information to the Application, you hereby consent to the transfer of your information to the United States for processing, storage and maintenance in accordance with this Privacy Policy. You are also consenting to the application of United States law in all matters concerning the Application.

Information We Collect and Your Choices on How We Use It

When you download the Application you may provide your personally identifiable information and protected health information (“PHI”) to the Application. The information we collect is as follows:

You may provide us with certain information to create an Account.

We collect and use the following information:

Account Information: If you register to create an Account, we require you to submit your first name, last name and email address.  We will also collect any other information that you choose to submit in connection with your Account, pregnancy status and other health-related information. We will use your Account and related information to communicate with you via the Application through push notifications or through the contact information that you provide.  You can access information associated with your Account within the Settings and User Profile pages of the Application.  Our communications to you may relate to your Account or may relate to patient engagement services we provide to you, or other administrative or legal notices related to your Account or the Application. If you do not want to receive any communications from us, you may close your Account and cease use of the Application by uninstalling it.

User Activity: We may collect, or have collected on our behalf, information about your use of the Application, such as your user activity, the pages you view and the date, time and duration of your activity. We also may collect and store information that your mobile device provides to us in connection with your use of the Application, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, requested and referring URLs, and other information about your device(s), operating system, and the state or country from which you accessed the Application.  We use this information for internal business and administrative purposes and to understand how you interact with the Application in accordance any applicable HIPAA Business Associate Agreements.

Cookies: Cookies are small data files that consist of unique identifiers that reside on your device and in emails we send to you. Cookies may transmit information about you and your use of the Application, such as your browser type, search preferences and the date and time of your use. Cookies may be persistent or stored only during an individual session and may serve the following purposes, among others:

– To prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use cookies to determine if you are logged in to the Application or not.

– To remember information about how you prefer the Application to behave and look. For example, we use cookies that tell us whether or not you have declined to allow us to use location information.

– To make the Application work in the way you expect it to. For example, we may use a cookie to tell us whether you have already signed up for the Service or already scheduled an appointment.

– To help us understand how visitors use the Application. For example, we employ analytics that use cookies to identify which type of device and operating system version you are using to access the Application and how that may affect your user experience.

– To allow notice of information or options that we think could improve your use of the Application. For example, we may use a cookie to allow us to stop showing you the sign-up screen if you have already signed in.

Managing Cookies: It may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may affect your ability to use or access the Service and your preference settings may not be saved. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.

In addition to the purposes set forth above, we use the information we collect to fulfill your requests, provide the Application, improve the  performance and quality of the Application, personalize your experience, track usage of the Application, provide feedback on the Application, provide customer support, communicate with you about your Account and use of the Application, back up our systems and allow for disaster recovery, enhance the security of the Application, and comply with our legal obligations. These uses are in accordance with our Notice of Privacy Practices, as well as any applicable HIPAA Business Associate Agreements.

How We Share Your Information

We may share information about you only with Provider, who will use the information in accordance with Provider’s Notice of Privacy Practices and we may otherwise use PHI according to any applicable HIPAA Business Associate Agreements.

Do Not Track

We will automatically collect cookies and other PHI and as a result we do not currently honor “do not track” requests.  The Application is neither connected to nor is it participating in any advertising or online behavioral networks.

Data Retention and Account Termination

You can close your account by deleting the app from your mobile device.  We will remove your Account from active status, but we may retain information about you for the purposes authorized under this Privacy Policy and Provider’s Notice of Privacy Practices, unless otherwise prohibited by law.

Links

The Application may contain links to unaffiliated third party websites.  Neither 1EQ nor Provider has any responsibility or liability for such third party websites and do not endorse the same.  We do not share your information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all third party applications, websites or services that you visit or use.

Children and Minors

The Service is not directed or intended for children or minors under 18 years of age. We do not knowingly collect personal information from anyone under 18.

Security

Your privacy and the security of your information is very important to us. We protect your PHI in accordance with HIPAA’s Security Rule requirements. To the maximum extent permissible under applicable law (and subject to their compliance with HIPAA), each of 1EQ and Provider assume no responsibility, and expressly disclaim all liability, with regard to the loss or disclosure of your personally identifiable information and/or PHI due to causes outside of their respective direct control, including, without limitation, general Internet or transmittal failures and the actions of third-parties, such as hackers.  To the maximum extent permissible under applicable law (and subject to their compliance with any applicable hipaa provisions), you hereby expressly release and hold harmless 1EQ, PrOVIDER, and their respective shareholders, subsidiaries, affiliates, directors, officers, trustees, employees, volunteers and agents (collectively, the “Releasees”) from any and all liability for any injuries, losses, or damages of any kind arising from or in connection with the use and/or disclosure of your personally identifiable information and/or PROTECTED health information.

Contacting Us

If you have any other questions or concerns regarding this Privacy Policy, please contact us as follows:

Via email at: techsupport@ibirthapp.com

Or by Mail at: 1101 30th Street, NW, Suite 305, Washington, DC 20007

Or by Phone at: 1(844) 692-2297