Terms & Conditions
Last updated on 13th Dec, 2021
PLEASE READ THE FOLLOWING TERMS & CONDITIONS (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY THYFORLIFE (“us”, “we”, “our”, or “ThyForLife”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE THYFORLIFE MOBILE APPLICATION, THE THYFORLIFE SUBSCRIPTION SERVICE(S) WITHIN THE APPLICATION (“SUBSCRIPTION”), AND THE SERVICES, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS OFFERED, FROM TIME TO TIME, BY THYFORLIFE IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE(S)”). You enter this Agreement with ThyForLife upon downloading the mobile application and/or paying for ThyForLife’s products and services.
“YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICE. BY ACCESSING AND USING THE SERVICE IN ANY MANNER, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the Privacy Policy (https://thyforlife.com/privacy-policy/). If you do not accept this Agreement and the Privacy Policy, you are not authorized to use the Services.
1. Introduction
The Services allow you to track your own thyroid-related information provided by you. The Services are provided to you by ThyForLife, in connection with our partners, service providers, sponsors, or other affiliates, where applicable. In order for us to safely and responsibly manage our website and mobile applications for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy, which is incorporated into this Agreement by this reference. ThyForLife reserves the right to update or change this Agreement and Privacy Policy at any time, and will post the amendments at which time they will become effective. Your continued use of the Service following the posting of any changes to this Agreement or Privacy Policy constitutes acceptance of those changes.
2. Registration
You shall represent yourself and yourself only when creating an account with ThyForLife, and not impersonate another person while using our Services. Where applicable, you must pay the upfront fees. It is your sole responsibility to keep your username and password (where applicable) secure, as well as ensure no access of third parties to your data. It is your full responsibility for any and all activities that occur on your account.
You agree not to use the Services in any manner that (a) violates any applicable law, (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another person, (c) collects or stores personal data about other users without their consent, (d) infringes on the intellectual property rights of any third party, (e) is vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive, (f) promotes sexually explicit or pornographic material or discrimination based on any ground, (g) constitutes unsolicited or unauthorized advertising, junk, or bulk email, chain letters, or any other unsolicited communication, or (g) transmits any material or communications that contain a petition for signatures, chain letters, or letters relating to a pyramid scheme.
3. Eligibility
You must be at least 13 years of age to use the Services. If you are under 18 years of age, your use of the Services is subject to requirements of parental consent, in which case your guardian is considered the user under this Agreement and is responsible for any and all activity.
4. Uses of the services
ThyForLife retains all rights to its “Content”, including text, graphics, audio, videos, data, copyrights, trademarks, software, or other materials available to you through ThyForLife. ThyForLife’s Services may not be replicated or distributed without prior written consent. By submitting user data to ThyForLife, you agree to grant ThyForLife a non-exclusive, transferable, worldwide license to use private user data to the extent necessary for
ThyForLife to operate and maintain its Services, until such data is deleted by you or ThyForLife. Use, reproduction, distribution, amendment or storage of any Content beyond the purpose of using the Services is prohibited without prior written permission from ThyForLife. We do not accept any liability for or endorse content provided by third parties that we may share with you for your convenience.
Any trademarks, service marks, trade names, logos, or functionalities displayed through the Services are registered and/or unregistered trademarks or service marks of ThyForLife. Nothing in these terms or as part of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks or service marks of ThyForLife without the prior written
approval of ThyForLife.
Information and Content presented through the Services are provided “as is” and ThyForLife makes no representations or warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or
non-infringement. By using the Services, you accept the risk that the information provided through the Services may be incomplete or inaccurate or may not meet your requirements or be available on an uninterrupted, error-free basis. We make no warranty or representations regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, functionality, compliance with applicable laws, or reliability of any Content or other Services of ThyForLife.
Using ThyForLife’s Services, you agree to hold sole responsibility for all activities on your device. ThyForLife is not responsible in any way for any losses caused by unauthorized access to your device.
You may not interfere with or disrupt ThyForLIfe’s Services, or servers or networks connected to our Services, interfere with or disrupt or inhibit others’ use of the Services (including through the upload or other transmission of any malicious computer code, files, or programs).
5. Termination
Any fees paid to ThyForLife are non-refundable, even if you stop using the Services. Upon termination of Services, your right to use our services shall cease automatically and will no longer be available to you. You agree that we will not be liable to you or any other party for any termination of your access to Services or deletion of your account or User Content.
ThyForLife may terminate your use of the Services and your access to the Services (in whole or in part) if (i) you have breached any
provision of these Terms and Conditions, or acted in a manner which clearly shows that you do not intend to, or are unable to comply
with these Terms and Conditions, (ii) we determine it is necessary or required to comply with any applicable law or legal process, (iii) we
stop providing Services in your jurisdiction, or (iv) we determine the provision of Services is no longer commercially viable.
6. Support
You shall receive support from ThyForLife for the use of Services where applicable.
7. User content
By sharing your User Content with us, you grant ThyForLIfe a worldwide, transferable, perpetual and non-exclusive, royalty-free license to aggregate, analyse, display, publish, distribute and commercially exploit all or any portion of the User Content while adhering to individual’s privacy and confidentiality (anonymising User Content). You agree that you shall not publish any false information or misrepresentations that may damage us or third parties, and that you shall not impersonate another person. ThyForLife reserves the right to contact you via email, mobile phone application or other media related to your use of the mobile application.
8. No medical advice
ThyForLife provides the Services for you to track, monitor and analyse your thyroid-related information. THE SERVICES AND ANY RESULTS OR CONTENT DISPLAYED VIA THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE AND TREATMENT. THYFORLIFE SERVICES ARE NOT IN ANY WAY INTENDED TO INTERPRET DATA AND PROVIDE MEDICAL ADVICE. ALL CONTENT AVAILABLE THROUGH THYFORLIFE, SUCH AS YOUR BLOODWORK, MEDICATION AND WEIGHT DATA OVER TIME THAT YOU SHARE WITH US, ARE FOR INFORMATIONAL PURPOSES ONLY. Always consult a medical professional before choosing to change your thyroid care, such as changing the dosage of medication taken.
9. Indemnity
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, legal and accounting fees, arising or resulting from your User Content, your breach of these Terms and Conditions, or your uploading of, access to, or use or misuse of the Content or the Services.
10. Warranty disclaimer and limitations of liability
ThyForLife makes no express warranties or representations about the Services or Content. As with the purchase of a product or service
through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You expressly agree that use of the Services is at your sole risk. The Services are provided on an as-is and as-available basis. To the maximum extent permitted by applicable law, ThyForLife expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, non-infringement, title, operability, condition, quiet enjoyment, value, security, reliability, accuracy of data and system integration. ThyForLife makes no warranty that the Services will meet your requirements, or that the Services will be accurate, reliable, correct, useful, timely, uninterrupted, secure, defect-free, or error-free (including, without limitation, free from viruses, worms, trojans, other malicious code, or other harmful components); nor does ThyForLife make any warranty as to the results that may be obtained from the use of the Services, or that defects in the Services will be corrected. You understand and agree that any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile devices or computer services or loss of data that results from the download of such material or information. No advice or information, whether oral or written, obtained by you from ThyForLife or through the Services will create any warranty not expressly made herein. In jurisdictions not allowing the exclusion or limitation of certain warranties, our and our subsidiaries, affiliates, licensors, and suppliers liability will be limited to the maximum extent permitted by law.
ThyForLife is not responsible or liable for any damages related to use and/or misuse of ThyForLife Services and shall not be liable for any damages associated with the use of Services, including loss of data, or business interruption. ThyForLife does not guarantee that the service will be error-free and without any interruptions due to software or omissions in information.
You acknowledge and agree that to the extent permitted by law, in no event will ThyForLife or its officers, employees, directors, parents, subsidiaries, affiliates, agents, consultants, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), 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, and even if we or our subsidiaries, affiliates, licensors, or suppliers has or have been advised of the possibility of such damages. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue use of the Services. The aggregate liability of ThyForLife to you for all claims arising from or related to the Services is limited to one hundred (100) Canadian dollars.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
11. Changes to services
We may change our Services or introduce new features any time and we shall not be deemed liable for the modifications, including discontinuing Services offered prior.
12. General
12.1 Governing law
This Agreement is subject to the laws of British Columbia and the laws of Canada applicable therein and you agree to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for the resolution of any dispute under this Agreement or concerning our Services.
12.1 Severability
The invalidity or unenforceability of any provision of the given Agreement will in no way affect the validity or enforceability of any other provision.
12.1 Privacy Policy
ThyForLife collects and uses only the information reasonably required to enable ThyForLife to provide products and/or services that you have requested as described in ThyForLife’s Privacy Policy. The Privacy Policy can be accessed any time at https://thyforlife.com/privacy-policy/ and is expressly incorporated into these Terms. By submitting any personal information to ThyForLife, you indicate your acceptance of ThyForLife’s Privacy Policy.