Effective Date: October 1, 2020
Welcome to Applied Cognition
Applied Cognition’s mobile applications and digital health devices (the “Apps” and “Devices”);
Applied Cognition’s digitally based health care programs (the “Applied Cognition Programs”)
the websites that Applied Cognition operates (including www.appliedcogntion.com) (the “Sites”); and
all related services and features that Applied Cognition provides.
These Agreements constitute a binding legal agreement between you and Applied Cognition, LLC. and its affiliates and subsidiaries (“Applied Cognition,” “we,” or “us”). If you are accessing or using the Services because you have been authorized to help another person do so, these Agreements constitute a legally binding agreement between Applied Cognition and both the helper and the person being helped. You represent and warrant that you have the right, authority, and capacity to enter into these Agreements.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE AGREEMENTS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES. IN ADDITION, IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION, AS DESCRIBED IN THESE AGREEMENTS, YOU SHOULD NOT ACCESS OR USE THE SERVICES. WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS OR USE THE SERVICES UNLESS YOU ARE WILLING AND ABLE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE AGREEMENTS.
No Emergency Service
THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. WE DO NOT CARRY EMERGENCY OR TIME-CRITICAL COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE. THE SERVICES DO NOT REPLACE 911, YOUR PERSONAL HEALTH CARE PROVIDERS, ADVICE NURSES, OR OTHER EMERGENCY ASSISTANCE. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SERVICES OR RELY ON THE SERVICES IN ANY WAY FOR EMERGENCY ASSISTANCE. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
The Services are not intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older and have authority to enter into these Terms.
To access and use certain features of an App, you will be provided a unique participant ID or a text message with a link to a login page. In some cases, you will need to register for an Applied Cognition account (“Account”) by providing your phone number, username, email address and/or other Account information (“Account Information”). You agree that the Account Information that you provide to us at all times will be accurate, complete and current. You are responsible for maintaining the confidentiality and security of your Account password and for all acts or omissions that occur under your Account. You may not use anyone else’s account at any time and you may not transfer or share your Account with anyone. You agree to immediately notify Applied Cognition if you discover or otherwise suspect any security breaches related to the Services or your Account.
Right to Access Services
We provide the Services only for your own personal, non-commercial, limited use in accordance with these Agreements. You are responsible for all of your use of the Services. As a condition to accessing or using the Services, you agree to abide by all applicable local, state, and federal laws, rules, and regulations in accessing and using the Services at all times, and you agree not to use the Services for any purpose that is prohibited by these Agreements. We reserve the right, in our discretion, at any time, without liability to you, to: (a) deny, modify, suspend or terminate the operation or any feature of an App; (b) restrict, limit, suspend or terminate your access to the Services; and (c) monitor your use of the Services to verify compliance with these Terms and any applicable law.
In accessing and using the Services, you also agree not to take (or permit any third party to take) any action that:
Impersonates any person or entity, or otherwise misrepresent your affiliation with a person or entity;
Use the Services to violate any applicable law;
Reverse engineer, disassemble, decompile, or translate any software or other components of the Services;
Distribute viruses or other harmful computer code through the Services; or
Use abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal.
Applied Cognition enters into service agreements and/or other agreements (each, an “Organization Agreement”) with academic research institutions, employers sponsoring group health plans for their employees and other Organizations. To the extent that these Terms conflict with any Organization Agreement with respect to our arrangement with you, the Organization Agreement will control. Notwithstanding anything to the contrary, the disclaimers and limitations of liability in these Terms apply with respect to any claim by you against Applied Cognition.
If you agree to an informed consent to participate in an Organization’s research study that uses the Applied Cognition App, then the informed consent is subject to these Terms, but will control to the extent of any conflict with these Terms.
Third Party Websites
The Site, the Apps, the Applied Cognition Programs, all other aspects of the Services, and the Content are solely Applied Cognition’s property. The Services and the Content are protected under U.S. and international intellectual property laws, including copyright, trademark, patent, and trade secret protections, as well as other laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services except as permitted through the Services according to these Terms. Certain of the names, logos, and other materials displayed on the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Applied Cognition or other entities. You are not authorized to use any such Marks without the express written permission of Applied Cognition. Applied Cognition does not claim ownership of User Submissions, and User Submissions will not be considered Content for purposes of this paragraph only.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of certain information associated with your account. Upon termination of your right to use of all or any part of our Services, all licenses and other rights granted to you by these Agreements for such parts of the Services will immediately terminate.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com. Subject to applicable law, Applied Cognition reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Applied Cognition will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify these Terms
We reserve the right, at our discretion, to modify, replace, update or change any of these Terms at any time and for any reason. Any changes, revisions or modifications to these Terms shall become effective upon posting by the Company on the Site, the Mobile App, via the Service or by sending you an email or other notification. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such changes, revisions or modifications to the Terms.
If you accept these Terms but later decide that you want to terminate your account, please contact Customer Support at firstname.lastname@example.org, and we will verify and complete your request.
Disclaimer of Warranties
Applied Cognition has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AD MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES AND (II) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
You understand that to the fullest extent permitted by law, in no event will Applied Cognition or its affiliates, officers, directors, employees, agents or licensors be liable for any indirect, incidental, consequential, exemplary or other special categories of damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use or data, arising out of or related to your use of the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, Applied Cognition’s aggregate liability to you arising out of or relating to these terms or your access or use of the Services shall be limited to the amounts paid by you through the Services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty U.S. dollars ($50).To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Waiver of Right to Pursue Class Action Claims
You agree to only resolve disputes with us on an individual basis, and waive any right to pursue any claims on a class or consolidated basis or in a representative capacity. You agree that you may bring claims against us only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Applied Cognition makes no representation that all products, services and/or material available through the Services, are appropriate or available for use in locations outside the United States or all territories within the United States.
You understand that by checking the “agree” box for these Terms, you are agreeing to these Terms and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text messages by replying “STOP” to the text or sending an email to email@example.com.
Applied Cognition shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Applied Cognition’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Applied Cognition’s prior written consent. Applied Cognition may assign, transfer or delegate any of its rights and obligations hereunder without consent. Our licensors and Mobile App Providers may be entitled to enforce these Terms as third party beneficiaries; otherwise, there are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service
If you have a question or comment regarding the Services or are aware of any violation of these Terms, please contact us via email or at the address below.