EVŌ TERMS OF USE
Effective April 10, 2017

Introduction

Thank you for registering to use EVŌ, a mobile wellness application provided by Big Cloud Analytics, Inc. (“BCA” or “We” or “Us”).  We appreciate the privilege of helping you achieve the goals of your personalized wellness journey.

The terms and conditions provided below govern (a) the use of the EVŌ mobile application (“application” or “Platform”); (b) collection and use of biometric data from compatible EVŌ-paired wearable devices; (c) collection of movement, camera and optical sensor data from your smart phones; (d) the wellness insights and 3rd party content (“Content”) provided to you by the application and (e) collection and use of personal contact information (e.g. supporting “out-of-app” direct-to-user communications from BCA).  Unless otherwise indicated below, references to “EVŌ” in these terms of use are intended to include the EVŌ mobile application (which is hosted on smart phones with iOS or Android operating systems), data collected from EVŌ-paired wearable devices and smart phones (together “EVŌ-Paired Devices”), and Content.

Your use of EVŌ is entirely voluntary.  If you do not understand any part or, disagree with these terms of use, please discontinue your use of the EVŌ mobile application.  You may contact us at the address shown below to seek clarification of any terms that you do not understand.

Health Disclaimer

Your wellness is very important to us and every care has been taken to bring the best Application and Content to help you achieve your wellness goals.  Nothing contained in or delivered by EVŌ (including data collected from EVŌ-paired wearable devices, smart phones, wellness insights and/or Content) should be considered or used as a substitute for medical advice, diagnosis or treatment.  Further, Content delivered by the EVŌ mobile application, associated data collected from EVŌ-paired wearable devices and smart phones is not intended to and, does not constitute the practice or delivery of any medical, nursing, or other healthcare diagnosis, treatment or advice.  None of the services or products offered in the EVŌ Platform are represented or warranted by BCA, Content providers, EVŌ-Paired Device manufacturers as being appropriate or effective for you.  By using EVŌ, you agree that BCA, Content providers, and EVŌ-Paired Device manufacturers will not, in any circumstance, be liable for any injury, loss, damages, claims or expenses you sustain or incur as a direct or indirect result of using EVŌ.

Terms of Use

General Disclosures

Use of EVŌ is subject to the terms of use as stated herein.  BCA may modify these terms of use from time to time. Such modifications shall be effective immediately upon update and notification through the EVŌ mobile application or by other appropriate means of communications (e.g. email) as will constitute reasonable and adequate disclosure.

Intended for Users 18 Years of Age and Older

EVŌ is intended for use by individuals that are 18 years of age or older and is not designed for direct use by minors (under the age of 18).  Use of EVŌ by minors requires the assistance of a parent or guardian.

Intellectual Property Rights

Trademarks, copyrights and trade secrets remain the property of BCA, associated 3rd party Content provider and/or EVŌ-Paired Device manufacturers.

Upon enrolling, BCA grants you a limited license to use EVŌ for personal (non-commercial) purposes. The intellectual property rights in and to EVŌ software, Content, data collection and data analysis methodologies remain the sole property of BCA, 3rd party Content providers and/or the applicable manufacturer(s) of EVŌ-Paired wearable devices and smart phones from which your data is collected.  These intellectual property rights are protected under the United States of America copyright, patent and trademark laws and international copyright treaties.

You agree that you will not (a) attempt to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Software or any part thereof or create any derivative works based on EVŌ or, of EVŌ-Paired Devices from which your wellness data are collected, nor (b) copy, reproduce, republish, upload, post display, transmit or frame any insights or Content provided to you by EVŌ for commercial use without the written consent of copyright owners.  You may view, download, display and print a single copy of insights and Content for your personal (non-commercial) use, so long as you do not modify such insights or Content in any manner and you include all appropriate notices and disclaimers (including copyright notices).  You agree not to export or re-export EVŌ or any portion of the software, hardware or Content thereof to any country in violation of the export control laws of the United States of America or the export control laws of any other applicable country.

Other Disclaimers

You understand and agree that EVŌ, inclusive of all associated 3rd party Content and data collected from you and EVŌ-Paired Devices are provided on an “AS IS” basis.  Neither BCA nor its 3rd party Content providers nor manufacturers of EVŌ-Paired Devices from which BCA collects your wellness data make any express or implied warranties, representations or endorsements whatsoever (including the implied warranty of fitness for a particular purpose) with regard to the use of EVŌ, the insights or Content contained in EVŌ or the methods in which data is provided by EVŌ-Paired Devices to BCA.  In addition, because EVŌ-paired wearable devices and smart phones upon which EVŌ is deployed are connected to the internet, BCA does not guarantee that EVŌ will be free from technological difficulties including, but not limited to: unavailability of information, downtime, service disruptions, viruses or worms.   Please review the terms of use and privacy policy of the manufacturers of your EVŌ-Paired Devices and smart phones for the terms and conditions of their products and services.

Links to external websites

BCA may include links to websites of others (“Third Party Sites”).  Such links are made available solely for your convenience in accessing those Third Party Sites and for no other purpose.  By using EVŌ, you agree that BCA is not responsible for your use of Third Party Sites.

 

Indemnification

You agree to indemnify BCA against any damages, losses, liabilities, judgments, costs or expenses (including reasonable legal fees/costs) arising from a claim by a third party relating to materials you have posted or other actions taken by you on EVŌ.

 

LIMITATION OF LIABILITY

THE USE OF EVŌ IS ENTIRELY AT YOUR OWN RISK.  IN NO EVENT SHALL BCA, ITS 3RD PARTY CONTENT PROVIDERS OR EVŌ-PAIRED DEVICE MANUFACTURERS FROM WHICH DATA IS COLLECTED BY BCA BE LIABLE FOR ANY DIRECT, INDIRECT, INDICENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF EVŌ OR OTHER BCA PRODUCTS OR SERVICES.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH EVŌ (OTHER THAN POTENTIAL WARRANTIES PROVIDED BY EVŌ-PAIRED DEVICE MANUFACTURERS WITH REGARD TO THEIR DEVICES) IS TO STOP USING THE SERVICE.

Jurisdiction

You agree that any dispute or claim related to the use of EVŌ is governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles of other jurisdictions.

Things You Cannot Do with EVŌ and Enforcement Rights

BCA reserves the right to suspend or discontinue your use of EVŌ if, in its sole discretion determines that you have:

  • Uploaded any information or content that may infringe or violate the rights of any party,
  • Used EVŌ for any purpose that may violate local, state/province, national or international laws or regulations,
  • Used EVŌ to distribute any advertising or unsolicited material to any third party,
  • Used EVŌ to post or transmit any unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing content to any other person or entity,
  • Attempted to access other user’s accounts or gaining access to the software and/or data of other users,
  • Attempted to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Software or any part thereof or create any derivative works based on the EVŌ or of EVŌ-Paired Devices,
  • Attempted to copy, reproduce, republish, upload, post display, transmit or frame any insights or Content provided to you by EVŌ for commercial use without the written consent of copyright owners for other than non-commercial use, or
  • Violated any other term or condition herein, which you have agreed upon enrollment and use of EVŌ.

Additionally, BCA reserves the right to contact legal authorities to assure that other user’s data and intellectual property rights are protected from harm.

Data Collection, Data Privacy and Confidentiality

Data Collection

EVŌ is designed to use data entered by you and data collected from EVŌ-Paired Devices (e.g. fitness wearables, glucometers, weight scales, blood pressure cuffs). BCA may collect data directly from these EVŌ-Paired Devices, or data from these devices may be collected by their respective manufacturer and forwarded to BCA via application data interfaces (API or other applicable interfaces) provided by the manufacturer.

Your Data Privacy is important to us

We respect your privacy and confidentiality.  Every reasonable step (including anonymizing and tokenizing data where appropriate) has been taken to ensure that the personally identifiable information collected through EVŌ directly from you and/or from EVŌ-Paired Devices will remain confidential while maintained by BCA.  Additionally, BCA adheres with data privacy laws in all required localities.

From time-to-time, BCA may share personally identifiable information with partners, but only for which you provide explicit consent. In addition, BCA may use this information for direct communications (e.g. email, SMS, text) to you.  Access to BCA’s privacy policy is provided at www.bigcloudanalytics.com/privacy.

Consents and Acknowledgments

By enrolling to use EVŌ you approve the collection, use, sharing, and disclosure of your information by BCA, EVŌ-Paired Device manufacturers and EVŌ-partner service providers as reasonably necessary to make EVŌ available for your use.  This information   includes, but is not limited to, (a) collection of certain personal information (e.g. name, date of birth, height, weight, location, email, phone number), (b) information you provide in your wellness profile and answers to survey questions, (c) collection of wellness data (including but not limited to steps, exercise activity, sleep duration/patterns, heart rate) and (d) raw accelerometer related data collected via EVŌ-Paired Devices and smart phones.

Information That You Provide

Because incomplete or incorrect data will hamper EVŌ from providing valid and effective wellness information, you agree that the information you provide as part of enrollment and/or during the course of use of EVŌ is, to the best of your knowledge, correct and complete.  Further, you agree that you are responsible for maintaining confidentiality of your account and login information and insights and personalized content provided to you in EVŌ.

Collection and Use of Your EVŌ-Paired Device Data

You agree and hereby authorize that (a) EVŌ-Paired Device manufacturers can share data generated by your EVŌ-Paired Devices with BCA, either directly through your smart phone or from the applicable manufacturer’s databases; and (b) BCA may provide such data as necessary to 3rd parties to deliver BCA services via EVŌ. You further agree that BCA may use such data to improve its products and services, so long as your data (including personally identifiable information and information that may be deemed to be Protected Health Information (as defined in Health Insurance Portability and Accountability Act of 1996) remains anonymized and confidential.

 

Exclusive Use of EVŌ

You acknowledge BCA grants you an exclusive, limited license to use the EVŌ mobile application and, you agree that you will not allow anyone other than yourself to use your instance of EVŌ.

Further, you acknowledge that you may not assign or transfer this limited license or the terms of use herein.  Any attempt to make such assignment or transfer is null and void and may result in the cancellation of your license to use EVO.

  

Who to Contact

Please contact us if you have any questions about these Terms of Use

By Postal Service or Overnight Courier:

Big Cloud Analytics, Inc.

1401 Peachtree Street NE, Suite 500

Atlanta, GA 30309

By Email: support@bigcloudanalytics.com