Terms and Conditions
Acceptance of Terms
BeCare Link (“BeCare,” “we,” “us,” or “our”) operates the website located at www.becarelink.com and certain mobile applications (e.g., BeCare MS Link, BeCare Neuro Link), (collectively, the “Site”), and the services available through the Site (the “Services”) subject to the following Terms and Conditions, which may be updated by BeCare from time to time without notice to you. Please review the Terms and Conditions periodically for changes. If you do not agree to the Terms and Conditions, do not use this Site. By using this Site, you acknowledge that you are 18 or older and agree that you have read, understood, and agree to these Terms and Conditions. Additionally, Apple’s standard End User License Agreement https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ and Google’s Google Play Terms of Service https://play.google.com/about/play-terms/ and as they may be modified from time to time, apply to your use of any applications or “Apps.”
We collect some information from you when you provide it to us directly, such as via an online form or when you communicate with our customer support team. Examples of other situations where you make personal data available to us may include, but are not limited to:
- using our mobile apps or visiting our websites;
- registering for Products, contests, and special events;
- accessing Products using a third-party ID, such as social networking sites or other services;
- subscribing to newsletters;’;
- purchasing a product or selling through our online stores or within the app (or “in-app purchase”);
- requesting technical support assistance.
COLLECTING YOUR PERSONAL INFORMATION
We collect different types of personal information in a number of ways, including:
Contact information and identifiers, such as your first and last name, email address, username, country, address, date of birth, gender, ethnicity, race, and medical information, including but not limited to, information related to your disease and symptoms.
Purchase information, such as if you download and use our Products on your mobile device and/or tablet, we receive information about you from the app stores and other mobile platform providers. This information includes your username and /or device ID, and the fact that you downloaded the Products and/or have made a purchase, but does not include any financial information.
Account information, such as your response to Questionnaires where the information you provide may help our machine learning algorithms to better classify your symptoms or when seeking help from us, information such as your name, records of the issues you experience, and device event information, including crash reports. We also collect outcome data, corresponding to your performance of activities in the BeCare mobile App, which is used to assess your performance and to serve as a baseline to compare to your past performance.
Preference information, such as cookies and similar technologies to help us understand things like what web pages, features, ads, and information are important to you. Cookies are small text files stored on your Internet browser. This information helps us keep track of your preferences, measures the effectiveness of our advertising, makes sure you don’t see the same ad repeatedly and otherwise enhances your user experience. Our cookies do not include personal data but are typically used to quickly identify your device and to “remember” your browser during subsequent visits for purposes of functionality, preferences, and website performance. You may disable cookies or set your browser to alert you when cookies are being sent to your device; however, disabling cookies may affect your ability to use the products.
Geolocation information may be collected when the user logs into the app so that we can estimate where our users are based. We do not share internet IP addresses with any 3rd party.
Chat and call recordings, including the information that is disclosed when you participate in social features (such as chat). We may store and access this information, and it may be read, copied, or collected by other users without your consent. Please make sure your privacy settings reflect your preferences.
Social media information, such as information received from third parties, like Facebook or other websites that we have partnered with when you use those services in conjunction with our Product.
Device and browsing information and other internet activity information, such as device ID (mobile device identifier), IP address, and information from third parties to supplement the information we receive from you.
Photos and Use of Camera
We may collect Images when you upload them to our website or applications, share them with us through social media, or provide them to us in any other way.
Use of Images
We may use Images for a variety of purposes, such as to operate our products and services, to improve our products and services, to promote our products and services, for research and development purposes, to personalize your experience, and for other internal business purposes. We may also use Images for marketing and promotional purposes.
Disclosure of Information
We may disclose photographs of you to the following third parties:
- Our service providers who assist us with our business operations, such as marketing and advertising agencies.
- Law enforcement agencies or other third parties as required by law or to protect our legal rights.
SHARING YOUR INFORMATION
We do not share personal information that directly identifies you (such as your name, e-mail, your medical or health-related information, or postal address) with independent third parties without your consent unless it is either required by law or we determine that disclosure is reasonably necessary to enforce our rights, property or operations or to protect other third parties.
We may share anonymous or aggregated information or other data that does not directly identify you, with third parties that are our business or research partners.
THIRD-PARTY ONLINE ADVERTISING
We reserve the right to use and disclose the collected, non-personal data for purposes of advertising by us or by our partners and contractors. We may employ third-party ad technologies that use certain methods to collect information to deliver offers to you. These ads can be tailored to your specific interests.
These technologies may collect and use information so we can serve appropriate advertising to you and help track results and measure effectiveness. In addition to identifiers, information may include: advertisements served and the location of the ad; length of time an advertisement was visible; domain type, IP address, size of the advertisement; an advertisement response.
We may employ third parties to collect or process personal information on our behalf for various reasons, such as conducting market surveys or sending emails. When these agents or service providers collect or receive personal information, we require that they use the data only on our behalf and for purposes consistent with this policy.
When third-party technologies or social tools are integrated into our products, those third parties may collect information when you use our products. An example of this is the Facebook “Like” button.
Disclaimer of Content
The Site may provide information about BeCare and the products and services offered, including remote diagnostic monitoring services, data analysis and information about various health conditions.
Any clinical information on the Site is intended for the use of health care professionals. Health care professionals should exercise their own clinical judgment when using our content, tools or databases.
If you are a patient or health care consumer, you should not use information found on the Site to replace a relationship with your physician or other health care professional and should not rely on this information as professional medical advice. In the case of a health emergency, seek assistance immediately from emergency personal. Never delay obtaining medical advice or disregard medical advice because of something you read on this Site.
The information and services on the Site are intended solely as a general educational aid and are neither medical nor health care advice for any individual problem nor a substitute for medical or other professional advice and services from a health care provider knowledgeable about your history. USE OF ANY INFORMATION ON THE GENERAL WEBSITE DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP.
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
BECARE DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BECARE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO THE SITE. BECARE SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL, DIRECT DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BECARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES BECARE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that all content available on this Site (“Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws. You agree that as between you and BeCare, BeCare is the owner of all such Content. You agree that the materials on the Site may be accessed, downloaded or printed for the noncommercial purpose of scientific or educational advancement or within the scope of these Terms and Conditions. No other use may be made without the express written permission of the operators of the Site. Any unauthorized use of the words or images on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
None of the names, trademarks, service marks and logos of BeCare may be used in any advertising or publicity or otherwise to indicate BeCare’s sponsorship or affiliation without BeCare’s express written permission. All proprietary notices and copyright information on the Site must be observed, and nothing in these Terms and Conditions or on the Site shall act to grant a license or right of use to any trademark displayed on the Site.
Third Party Sites
This Site may provide links to other websites on the Internet. BeCare makes no representations whatsoever about these other websites. The provision of links to other websites on the Internet should not imply BeCare’s endorsement of any such websites or any association with these other sites’ operators. These websites are not under the control of BeCare, and you understand, acknowledge and agree that BeCare is not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that BeCare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any websites linked to this Site.
The Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Site. You acknowledge and agree that you are responsible for maintain the confidentiality of your log in identification and password, and, for all uses of your log in information, password and/or your account. You shall notify us immediately of any unauthorized access of the Site through your account. You acknowledge and agree that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your log in identification, password or account as a result of you failing to keep your account information secure and confidential.
BeCare shall grant a limited, personal, non-exclusive, non-transferable right for you to access the features and functions of the Site for the duration of the subscription period provided continuing compliance with the terms and conditions listed herein. Access to BeCare’s site shall be limited to the uses identified in Disclaimer of Content.
Your Provision of Contact/ Account Information
When you provide information about yourself to us, including when you create an account, you represent, warrant and covenant (a) to provide accurate, current and complete information about yourself, (b) not to provide information that attempts to impersonate another individual; and (c) to maintain and promptly update such information to keep it accurate, current and complete.
Ownership of Data, Records, and Intellectual Property
Ownership of Data and Records. All rights, title, and interest in (i) data generated by users while using the App to complete Forms, Questionnaires, activities, and any electronic databases required to be created to collect the data contained in such forms questionnaires, or activities and (ii) any other scientific, technical, business, or other data or information relating to the App shall be the sole and exclusive property of BeCare Link LLC.
When you provide information to us and/or otherwise utilize our Site, you agree that you will not use this Site to:
- upload, post, email or otherwise transmit any submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including but not limited to, a BeCare official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge any TCP/IP packet headers or any part of the header information or otherwise manipulate identifiers in order to disguise the origin of any submissions transmitted through this Site;
- upload, post, email or otherwise transmit any submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any submissions, including metatags, that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Site that are designated for such purposes;
- disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
- stalk or otherwise harass another;
- circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- attempt to probe, scan, or test the vulnerability of any BeCare system or network or breach or impair or circumvent any security or authentication measures protecting the Site or the services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the services; or
- collect or store personal data about other users.
Protecting children’s privacy online is of extreme importance to us. We do not knowingly contact or collect information from children under the age of 13 without the permission of their parents/guardians. If you believe that we have inadvertently collected such information, please contact [email protected] (mailto:[email protected])
so that we can promptly obtain parental/guardian consent or delete the information.
DO NOT TRACK SIGNALS
You can update your account information and preferences, choose to opt-in or out of our marketing emails, and choose whether to share your information with our select partner who would like to opt out at any time after granting approval, you may contact BeCare Link support at [email protected] (mailto:[email protected]).
You also can review and change most of your preferences through your account settings. If you need additional assistance, please contact [email protected] (mailto:[email protected]) and we will assist you expeditiously.
Alternatively, you may adjust your browser settings to block certain online tracking, such as cookies.
You may deactivate your account with us or delete the personal information associated with your account by contacting [email protected] (mailto:[email protected]), after which you will no longer have access to our Products associated with your account. Note that we may retain information needed to resolve disputes, enforce our user agreements, enforce our legal rights, and comply with technical and legal requirements, as well as constraints related to the security, integrity, and operation of our Products. Otherwise, we will retain your personal information for as long as reasonably necessary to provide you with services, create and improve our products, comply with the law, and run our business.
CHANGES TO THIS POLICY
We may update this policy from time to time, so please review it frequently. We’ll notify you of material changes via a notice on our home page www.becarenet.net thirty (30) days before they go into effect. Your continued use of our Products means you accept these proposed changes.
You agree to indemnify and hold BeCare harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of any content on this Site or the Services including, without limitation, your disclosure or submission of any information that is incomplete or inaccurate. BeCare reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BeCare in asserting any available defenses.
BeCare makes no representation that content on this Site is appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. If you access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
BeCare respects the intellectual property rights of others and expects visitors to this Site to do the same. BeCare will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. BeCare reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, BeCare will also terminate a user’s account if the user is determined to be a repeat infringer.
Modifications to Services
BeCare reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the Services offered through this Site, with or without notice. You agree that BeCare shall not be liable to your or to any third party for any modification, suspension or discontinuance of this Site or some or all of the Services offered through it.
Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
These Terms and Conditions constitutes the entire agreement between you and BeCare with respect to this Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and BeCare with respect to this Site, unless otherwise. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
BeCare may terminate or suspend your access to the Site and Services and remove any content or materials from the Site in the event you breach these Terms of Service or fail to make any required payment when due. BeCare also reserves the right, in its sole discretion, to terminate your access to all or part of this Site or to the Services, without cause, with or without notice, in which event all licenses granted to you hereunder shall terminate, and BeCare shall have no obligation to make this Site available to you or to provide you any services, but shall be obligated to refund to you any amounts paid by you for Services not yet delivered as of the effective date of termination. You agree that BeCare shall be entitled to payment from you for any and all out-of-pocket costs including, without limitation, attorneys’ fees, incurred by BeCare in enforcing these Terms and Conditions. All provisions of these Terms and Conditions which by their nature or express terms are or ought to survive termination, shall so survive.
These Terms and Conditions are effective unless and until modified or terminated at any time by us.
These Terms and Conditions does not create any relationship of partnership, joint venture, employment, franchise or agency between you and us.
Certain products and services such as the generation of assessment reports that can be given to a physician are only available through the purchase of a premium subscription. The pricing and other terms of that subscription will be indicated at the time of purchase from the Apple App Store or Google Play Store.
Any payment due for a Premium Subscription or other services provided for a fee must be made through the Apple App Store or Google Play Store.