Terms and conditions
Terms Of Service
These Terms and Conditions (“Terms”) govern your use of the application, including all of its features and functionalities (“App”) offered by AlzWell (“Febo Health Inc”).
You must accept these Terms to create an account and use the App. You accept these Terms by using any part of the App. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE ANY PART OF THE APP.
Who May Use the App?
You may use the App if you are 18 years of age or older, are not barred from receiving services under applicable law, and have registered to use the App.
As a condition for your use of the App, you represent and warrant that (1) you possess legal authority to enter into these Terms and to perform obligations hereunder; (2) these Terms do not and will not violate any other agreement to which you are bound or subject; (3) you will safeguard your account information and will supervise and be responsible for any use of your account by anyone other than you; (4) you will not infringe any right of any third party or harm any App user; (5) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (6) you are not listed on any U.S. government list of prohibited or restricted parties.
Registration and Use of the App
You may register to use the App by creating a username and password.
You are responsible for all activity that occurs in association with your App account. ALZWELL is not responsible for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that ALZWELL may contact you regarding your account.
You may discontinue using your App account at any time. You may also remove your account at any time by going into setting, then selecting delete account, and selecting yes to accept deleting this account.
Your use of the App is dependent upon your use of a computer with supporting software or a mobile device and internet access. The maintenance and security of this equipment may influence the performance of, and your access to, the App, and it is your responsibility to ensure your equipment’s functionality and security.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use of Your Content on the App will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. You are liable for any harm caused by content that you upload and share in the App.
App General Guidelines
The App is intended for your personal, non-commercial use.
ALZWELL grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App consistent with these Terms. Additionally, with respect to ALZWELL’s digital applications that you access through the app store developed and maintained by Apple Inc. (“Apple App Store”), you are granted a non-transferable license to use such digital applications on any iPhone, iPad or iPod touch that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions, available at
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any text, graphics, images, music, software, audio, video, works of authorship of any kind, or information or other materials that are posted, generated, provided or otherwise made available through the App to you, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ALZWELL or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App.
You additionally agree that you will not: (1) display, mirror or frame the App or any element within the App, ALZWELL’s name, any of ALZWELL’s trademarks, logos or other proprietary information, or the layout and design of the App, without ALZWELL’s express written consent; (2) access or tamper with non-public areas of the App; (3) test the vulnerability of any of ALZWELL’s systems or breach any security or authentication measures; (4) circumvent any technological measure implemented by ALZWELL or any of ALZWELL’s providers or any other third party (including another user) to protect the App; or (5) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that ALZWELL provides to you.
You also agree that Your Content will comply with the following guidelines:
- Your Content will not include any defamatory, profane, explicit, obscene, pornographic, vulgar or offensive content;
- Your Content will not include any photos that might be considered inappropriate;
- Your Content will not include any communications that could be interpreted as threatening or harassing to any person or entity;
- You will not share, advertise, or promote products or services commercially;
- You will not share content that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Your Content will not include any content that is fraudulent, false, misleading or deceptive; and
- Your Content will not promote illegal or harmful activities or substances.
ALZWELL’s Enforcement Rights
ALZWELL is not obligated to monitor access to, or use of, the App or Your Content or to review or edit any of Your Content, but we have the right to do so for the purpose of operating the App, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable your access to the App or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content, or your use of the App is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects ALZWELL.
THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, ALZWELL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the App. We additionally make no warranty of any kind regarding the digital applications through which you may access the App, including but not limited to the Apple App Store and Google Play, or any other third party service or product that you use in association with the App. You acknowledge and agree that if you rely on the App in any respect, you do so solely at your own risk.
The App is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor. We are not responsible for any health problems that may result from products or information you learn about through the App. If you engage in any activity you learn about through the App, you agree that you do so at your own risk and are voluntarily participating in these activities.
The App may incorporate content from external sources, including but not limited to external information concerning the opportunity for enrollment in clinical research studies. You acknowledge that such external source content may contain errors and that ALZWELL does not guarantee the quality, accuracy, completeness or reliability of such content.
ALZWELL respects copyright law and expects users of its App to do the same. ALZWELL reserves the right to terminate users’ accounts and access to the App by individuals who infringe the rights of copyright holders.
Feedback and Complaints
With respect to those who use the App through the Apple App Store, you and ALZWELL acknowledge that ALZWELL, not Apple, is responsible for addressing any claims of you or a third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Alerts and Notifications
As part of your use of the App, you may receive notifications, text messages, alerts, or emails from ALZWELL if you agree to the receipt of these communications. You can control receipt of communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Third-Party Links in the App
The App may contain links to third-party websites, apps, services and resources (collectively “Third Party Resources”) that are not under ALZWELL’s control. We are not responsible for the content, products or services that are available from Third Party Resources. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Resources.
Changes to the App
ALZWELL may change or discontinue, temporarily or permanently, any feature or component of the App at any time without notice. ALZWELL is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the App. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.
You will indemnify and hold harmless ALZWELL and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the App, (ii) Your Content, or (iii) your breach of any provisions included under these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability
NEITHER ALZWELL, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALZWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ALZWELL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALZWELL AND YOU.
These Terms May Change
These Terms are subject to change. If we make changes to the Terms, we will notify you of the modified Terms via the App or in some other manner.
ALZWELL is intended for informational use and management purposes. It is not intended for diagnosis, replacement for doctor’s advice, treatment, cure, mitigation or prevention in man or animals.
Licensed application end user license agreement
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent 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. Unpublished-rights reserved under the copyright laws of the United States.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.