Last updated: October 13, 2020

Zen Health Technologies, Inc. (“Zen Health Technologies,” “us,”  “we,” or “our”) is pleased to provide you with the EverStrong software and mobile application (the “Application”). Please read these Terms of Service (“Agreement”) carefully before checking the “I Agree” checkbox, downloading or using the Application.

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement and our corresponding Privacy Policy and Non-Treatment Statement (collectively, the “Policies”). This Agreement is a legal agreement between you and Zen Health Technologies, and it governs your use of the Application.

Your access to, and use of, the Application is conditioned upon your acceptance of and compliance with this Agreement and the Policies. This Agreement applies to all visitors, users, and others who wish to access or use the Application. If you do not agree to the terms of this Agreement or our Policies, do not click on the “I Agree” button and do not use the Application.

In addition, please be advised that this Agreement contains provisions that govern how disputes between us are resolved, including arbitration, a jury trial waiver and a class action waiver.

The EverStrong Application

The Application is designed to help you develop and improve your decision-making skills (the “Intended Purpose”).  While we hope the Application has a positive impact on your life, the information and content in the Application is intended for educational purposes only. The use of any information provided through the Application is solely at your own risk, and you should not rely on this information as a substitute for professional medical advice, diagnosis, and/or treatment. We do not guarantee that the Application will improve your decision-making skills, or otherwise improve your life in general.

Your EverStrong Account

When you create an account with us (the “Account”), you guarantee that you are above the age of 18, and that all the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account and your access to the Application.  

Account Security & Monitoring

You are solely responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.

You acknowledge and agree that we have the right to monitor the Application and your Account electronically from time to time, and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Application properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

RESTRICTIONS

You agree not to, and you will not permit others to:

Use the Application only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Application, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Application for anything other than the Intended Purpose. Specifically, you shall NOT use the Application in any manner that is prohibited by this Agreement, the Policies, or which is illegal or prohibited by applicable law.

Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.

Be over the age of 18 and capable of giving legal consent. This Application is not for, or meant to be accessed by, minors. You must be at least the age of 18 to use the Application and our EverStrong Application and Software. By agreeing to this Agreement and using the Application, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Not be previously prohibited from using the Application. The Application may not be used by anyone we previously prohibited from using the Application.

Don’t resell or redistribute the Application. We provide the Application only to end-users who sign up for an Account and agree to pay a recurring fee (as described below). You may not purchase the Application for further distribution or resale. The Application, and all rights and privileges conferred therein, are non-transferable.

In addition, YOU SPECIFICALLY AGREE THAT YOU WILL NOT:

  • Use the Application to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
  • Use the Application to “stalk” or otherwise harass another.
  • Use the Application to collect or store personally identifying information about others without their permission.
  • During your use of Application, impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
  • When using the Application, use misleading email address or enter false and/or misleading information.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation 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).
  • Use the Application to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Use the Application to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Application.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
  • Conduct your own contests and promotions using the Application , or use the Application to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
  • Resell, repackage, or provide others with content or materials that you received through the Application.
  • Incorporate information or content from our Application into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based or otherwise.
  • Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Application in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Application in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
  • Interfere with or disrupt the Application or servers or networks connected to the Application.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Application.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of this Agreement or our Policies.
  • Use the Application to cause harm to anyone.
  • Use the Application in lieu of, or to replace the need for, a medical professional, or to diagnose a health issue.
  • Make the Application available to any third party.
  • Copy or use the Application for any purpose other than the Intended Purpose.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Zen Health Technologies or its affiliates, partners, or suppliers.
  • Use the Application in any manner that violates the Policies.

Subscriptions

How to sign up for an EverStrong Subscription. To use the Application, you must sign up for a subscription (the “Subscription”). To obtain a Subscription, you must create an Account, provide all the requested information, and select a subscription plan.

The Fee for the Subscription. We offer two ways to pay the fee for the Subscription: monthly for $9.99 per month, or yearly for $99.99 per year (the cost of the Subscription is referred to as the “Fee”).   

Payments for the Fee are processed through the Apple App Store or Google Play, depending on which you are using. This means that your payment method on file with the Apple App Store or Google Play will be charged the Fee in accordance with the Subscription plan you selected, the billing policies described in this Agreement, and the billing policies of the Apple App Store or Google Play. We suggest you review these billing policies, as they govern the way you are charged for the Subscription.

The Fee will first be charged the day you sign up for the Subscription. If you select the monthly Subscription option, the Fee will continue to be charged on that same day of the month until you cancel your Subscription. For example, if you signed up on the 14th of the month, then you will be charged the Fee on the 15th of every month until you cancel the Subscription. If you sign up for the yearly Subscription option, the Fee will be charged on that same day of the year every year, until you cancel your Subscription.

The Subscription has a Recurring and Automatic Payment Feature. You specifically acknowledge that the Application requires a Subscription which has an initial and then recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation.

To be clear, until you cancel your Subscription, YOUR PAYMENT METHOD ON FILE WITH EITHER APPLE OR GOOGLE WILL BE AUTOMATICALLY CHARGED THE FEE EVERY MONTH ($9.99 PER MONTH IF YOU HAVE SELECTED THE MONTHLY SUBSCRIPTION) OR EVERY YEAR ($99.99 PER YEAR IF YOU HAVE SELECTED THE YEARLY SUBSCRIPTION), DEPENDING ON THE PLAN YOU SELECTED, WITHOUT FURTHER AUTHORIZATION FROM YOU. 

If you cancel your Subscription (see below on how to cancel your Subscription), such notice will not affect charges submitted before we could reasonably act, which is at least 24-hours before the day the Fee is scheduled to be charged.

How we charge you for EverStrong Subscription. We currently process Fee payments through the Apple Store and Google Play, depending on your preference. You agree to pay the Fee. You are also responsible for paying any sales and use taxes that may apply to your purchase of the Subscription. If you do not pay the Fee on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate the Subscription and your Account. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Subscription or your access to the Application for this reason. Our third party payment service provider (Apple Store or Google Play, as the case may be) may receive updated payment/banking information from your credit card or payment method issuer. The disbursement of this updated information is provided at the election of your credit card and payment method issuer. Neither we nor our third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

Fee Changes. Zen Health Technologies, in its sole discretion and at any time, may modify the Fee for your Subscription. Any Fee change will become effective at the end of the then-current Billing Cycle. We will provide you with seven (7) days prior notice of any change in the Fee via email to give you an opportunity to terminate your Subscription before such change becomes effective. This notice will be send to the email address you listed in your Account, and will also be posted on our website https://everstrongapp.com . Your continued use of the Application after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.

Refunds. We do not offer refunds and the Fee is non-refundable. To be clear, if you signed up for the yearly payment option for the Subscription, we do not refund the Fee if you cancel before the year is over.

How to Cancel Your Subscription 

Subscriptions can be cancelled at any time by taking the following steps: Open the Application, go to the menu, choose settings, then select the subscriptions tab and choose the ‘cancel subscription’ button. If you cancel the Subscription, you may not be provided with notice of the cancellation and you will no longer have access to the Application, your Account, and the content within. We are not responsible for any losses you have in the event you cancel the Application.  

If you cancel your Subscription, it will not affect charges submitted before we could reasonably act, which is at least 24-hours before the day the Fee is scheduled to be charged. If you cancel in the middle of a billing cycle, the Subscription will remain active and you can continue using the Application until the next billing date. Please note that if you signed up for the yearly payment option for the Subscription and cancel your Subscription before the year is over, we do not refund (either fully or partially) the Fee.

If you have any problems with cancellation, or would like further assistance with cancelling your Subscription, please contact us.

How We May Terminate Your Account

We may terminate or suspend your Account and bar access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement or the Policies.

All provisions of the terms of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, arbitration, warranty disclaimers, indemnity and limitations of liability.

Content

User Content. You are responsible for information, text, graphics, photographs, or other material (“Content”) you enter into your Account and the Application, including its legality, reliability, and appropriateness. By posting Content on or through your Account and Application, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement, and (ii) that the posting of your Content on or through your Account and the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be violating this Agreement.

You retain any rights you have to the Content you submit, post or display on or through the Application, and you are solely responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Application. However, by posting Content you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You agree that this license includes the right for us to make your Content available to other users of the Application .

Zen Health Technologies has the right but not the obligation to monitor and remove all Content provided by users.  To the extent that you voluntarily post information about yourself publicly, such as a review, you understand and agree that your information is publicly accessible and Zen Health Technologies cannot, and will not, monitor or protect such information in any way.

In addition, Content found on or through the Application that was not created by you is the property of Zen Health Technologies or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Deletion & Downloading of User Data and Content

You may delete the Content you have entered into your Account and the Application by opening the EverStrong Application, clicking on the menu icon in the top right corner of any screen, choosing Settings, then Account, and clicking on the ‘Delete Usage Data’ button. You may download Content you have entered into your Account and the Application by going into the EverStrong app, selecting the menu icon in the top right corner of any screen, choosing Settings, then Account, and clicking on the ‘Download Usage Data’ button. The option to download your Content and User Data in this manner ceases if we terminate your access to the Application or you cancel your Subscription. We reserve the right to delete your data and Content in the event you cancel your Subscription or we terminate your Account and access to the Application. Please contact us with questions if you would like further information on how to delete and/or download your data and Content.

COPYRIGHT POLICY

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content on the Application infringes on the copyright or other intellectual property rights of any person or entity.

DMCA Compliance & Notice. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent listed below with the following information in writing (see 17 U.S.C 512(c)(3) for further detail). To expedite our ability to process your request, please use the following format:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Application;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
  • A statement 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 law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

DMCA Counter Notice. If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. This Agreement is not legal advice, and we are not attorneys or copyright experts. Please consult with your legal representative if you believe your rights are being infringed, or if you wish to respond to an infringement notice. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.

You can contact our Copyright Agent via email at research@zenhealthtech.com, or via mail at Zen Health Technologies, Inc., 6965 El Camino Real #105-646, Carlsbad, CA 92009, U.S.A.

Third party providers may have their own DMCA procedures. If you believe a user on a third party Application is infringing on your propriety work, please use that third party’s DMCA complaint procedure.

OUR INTELLECTUAL PROPERTY

Our Intellectual Property. All content owned by Zen Health Technologies, including but not limited to the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Zen Health Technologies (the “Zen Health IP”).

Grant of License. We grant you a revocable, non-exclusive, non-transferable, limited license to use the Application solely for your personal, non-commercial purposes in strict accordance to the terms of this Agreement and the Intended Purpose. This license and your right to use the Application immediately terminates upon the termination of this Agreement. To be clear, upon termination of this Agreement, you shall immediately cease all use of the Zen Health IP, including your use of the Application .

THIRD PARTY LINKS AND SERVICES LINKS TO THIRD PARTY WEB SITES

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that Zen Health Technologies shall not be directly or indirectly responsible or liable for any damage or loss caused, or alleged to be caused, by any Third-Party Services, including the Third-Party Services’ accuracy, completeness, timeliness, validity, copyright compliance, use of your personal information or Content, legality, decency, quality or any other aspect thereof. Zen Health Technologies does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

YOUR SUGGESTIONS

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Zen Health Technologies with respect to the Application shall remain the sole and exclusive property of Zen Health Technologies. Zen Health Technologies shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

MODIFICATIONS & UPDATES TO THE SITE

Zen Health Technologies reserves the right to temporarily or permanently modify, suspend or discontinue the Application or any service to which it connects, with or without notice, and without liability to you.

Zen Health Technologies may also provide enhancements or improvements to the features/functionality of the Application , which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of the Application. You agree that Zen Health Technologies has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Privacy Policy

Zen Health Technologies collects, stores, maintains, and shares information about you in accordance with its Privacy Policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by Zen Health Technologies or you cancel your Subscription. Zen Health Technologies may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement and your access to the Application with or without prior notice.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer. In the event this Agreement is terminated, Zen Health Technologies may delete all data from your account, and all content you entered into the Application. You acknowledge and agree that after this Agreement is terminated, Zen Health Technologies shall have no obligation to maintain the data and/or content in your Account or which you entered into the Application. You shall hold Zen Health Technologies harmless from all damages resulting from the termination of this Agreement and the resulting lack of access to the Application.

Termination of this Agreement will not limit any of Zen Health Technologies’ rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold Zen Health Technologies and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement, the Policies or any law or regulation; or (c) violation of any right of a third party, including but not limited to the infringement of another’s intellectual property rights.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Zen Health Technologies, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Zen Health Technologies provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. TO BE CLEAR, ZEN HEALTH TECHNOLOGIES DOES NOT WARRANT THE APPLICATION WILL IMPROVE YOUR DECISION MAKING SILLS, OR IMPROVE YOUR LIFE IN GENERAL.

Without limiting the foregoing, neither Zen Health Technologies nor any Zen Health Technologies’ provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Zen Health Technologies are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Zen Health Technologies or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, any conduct or content of any third party on the Application, any content obtained from the Application, unauthorized access, use or alteration of your transmissions or content, or otherwise in connection with any provision of this Agreement), even if Zen Health Technologies or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If this exclusion or limitation of liability is held inappropriate or unenforceable for any reason, our maximum liability for any type of damages shall not exceed the greater of (a) the amount of Fees paid by you to us, or (b) $100.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

For U.S. Government End Users

The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Export Compliance

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

Amendments to this Agreement

Zen Health Technologies reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will post the notice of the changes on our website, at https://everstrongapp.com, for seven days after making the changes. We will also send you an email to the address you have listed in your account to alert you of the changes

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Email notifications and Communications

Legal Notices: You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Application, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure your email address listed under your “Account Information” section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us and let us know.

Marketing and Promotional Materials: By creating an Account, you agree to subscribe to newsletters, marketing, and/or promotional materials, and other information we may send. You may opt out of receiving any, or all, of these communications by following the “Unsubscribe” link provided in all communications.

Arbitration, Jury Trial & Class Actions

Arbitration. Please read this Section carefully. It is part of your agreement with us, and it affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.

You agree that any dispute related to this Agreement, your use of the Application, or any dispute related to your relationship with Zen Health Technologies, Inc. or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), located in San Diego, California. The AAA Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The AAA Rules of Arbitration are available on the AAA’s website, https://www.adr.org/Rules/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.

You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Zen Health Technologies, Inc. in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. Please read this Section carefully. It is part of your agreement with us and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.

ALL CLAIMS AND DISPUTES BETWEEN YOU AND ZEN HEALTH TECHNOLOGIES, INC. MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement by sending written notice of your decision to opt out to the following address: Zen Health Technologies, Inc. 6965 El Camino Real #105-646, Carlsbad, CA 92009 within 30 days from the date you first create an Account. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per the Section labeled “Governing Law,” below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in this Section. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of this Agreement. Since the information provided in this Agreement is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.

Governing Law

The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. You consent to the personal jurisdiction of the courts located in San Diego, California. Your use of the Application may also be subject to other local, state, national, or international laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Contact Information

If you have any questions about this Agreement, please contact us at the following address:

  • Email: research@everstrongapp.com
  • Phone: 800-936-4972
  • Mail: Zen Health Technologies, Inc.
  • 6965 El Camino Real #105-646
  • Carlsbad, CA 92009, U.S.A.

Entire Agreement

The Agreement constitutes the entire agreement between you and Zen Health Technologies regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Zen Health Technologies.