Terms of Use.

Privacy and Data Security
Content
User Submissions, Feedback, and Information
Your Use of the Services
User Subscriptions
Copyright Policy
Links to Other Sites
Disclaimer; Limitation of Liability
Indemnity
Violation of these Terms of Use
Governing Law
Dispute ResolutionUsers Outside the United States
Miscellaneous
Canada
Notice for California Users
Questions and Contact Information 

Introduction

Thank you for visiting ALYKA Health Technologies (“ALYKA”). We are committed to protecting your privacy and user data security. Please carefully read these Terms of Use [and ALYKA’s Privacy Policy, which is incorporated into these Terms of Use by this reference]. These Terms of Use apply to use of ALYKA’s website at www. alykahealth.com and the services offered online and through our mobile applications (collectively, the “Services”).

Unless otherwise noted, the Services are the property of ALYKA and its licensors. By using the Services, you are agreeing to these Terms of Use, our Privacy Policy and all applicable laws and regulations.  If you do not agree to these Terms of Use, do not access, browse, or use the Services.

The Services are not intended for the use of children under 18 and no such person is authorized to use them.  By using the Services, you are representing that you are at least 18 years old.  You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements, or if you are not, that you have obtained your parent’s or legal guardian’s consent to accept these Terms of Use.

ALYKA reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes.

Privacy and Data Security

Please refer to ALYKA’s Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through our Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  You must keep your login credentials completely confidential. If you suspect that the confidentiality of your login credentials has been compromised in any way, please change your password and advise ALYKA. ALYKA shall have no responsibility or liability for any damages arising from a breach of your data resulting from the sharing or losing of your login credentials.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in ALYKA Services is owned, controlled or licensed by or to ALYKA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ALYKA’s express prior written consent.

User Submissions, Feedback, and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding ALYKA Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of ALYKA and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and ALYKA shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant ALYKA an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.

Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by ALYKA. You consent, for yourself and on behalf of any other person or child whose information or likeness you submit to ALYKA, to the use by ALYKA of the information and that it is submitted in compliance with all applicable laws.  You are responsible for any Submissions you provide and for any consequences arising therefrom.

Your Use of the Services

In connection with your use of the Services, you agree that the Services shall be used solely for informational purposes.  The Services cannot and do not guarantee any type of specific results, outcomes, changes, or gains. You understand and agree that the Services are not to be relied upon in any way as medical advice. The Services are in no way intended to take the place of professional advice received via a consultation with a physician, nurse, dietician, nutritionist, counselor, or medical professional of any kind.

In connection with your use of the Services, you agree that you will not:

  • post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use the Services to transmit, distribute, post or submit any information concerning any other person or entity;
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, ALYKA’s name, any ALYKA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ALYKA’s express written consent;
  • access, tamper with, or use non-public areas of the Services, ALYKA’s computer systems, or the technical delivery systems of ALYKA’s providers;
  • attempt to probe, scan, or test the vulnerability of any ALYKA system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ALYKA or any of ALYKA’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

ALYKA reserves the right, at any time, without notice: (1) to modify, suspend or terminate a user’s (your) operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other updates and changes.

User Subscriptions

ALYKA supports different subscription models:

In the Employee Subscription mode, a user’s employer is ALYKA’s customer, and Services are provided to the user as an employee benefit pursuant to the terms and conditions of a separate services agreement between the employer and ALYKA.

In the Consumer Direct model, users may subscribe and pay for Services personally, outside of the user’s relationship with his/her employer, either on an Individual Plan or under the Family Plan, where the user may purchase Services also for his/her spouse and minor children.

We may also offer from time to time a free version of Services, free trials of Services, or introductory pricing for subscriptions. These offers are non-transferable, may not be combined with other offers or redeemed for cash and void where prohibited.

By subscribing directly to the Services, you agree to pay the fees for the Services and any applicable taxes.

SUBSCRIPTIONS ARE AUTO-RENEWING ON AN ANNUAL BASIS.  THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US FOR YOUR INITIAL PURCHASE ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR THE SERVICES, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD.  To cancel your service, make changes to your payment information, or contact info@alykahealth.com Please also let us know immediately if you suspect any unauthorized use of your credit card or login credentials.  Annual subscribers may cancel their subscription within thirty (30) days of their subscription renewal and receive a refund for the unused portion of their subscription.  For all other subscriptions, you must cancel your subscription thirty (30) days before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.   We reserve the right to issue refunds at our sole discretion. If we provide a refund, we are not obligated to do so again in the future.  We may cancel your subscription at any time upon notice to you.  If we cancel your subscription for a reason other than for cause (such as your breach of these Terms of Use), we will issue you a refund for your unused portion of your subscription.

Subscription fees are subject to change.  If we change our rates, we will provide notice to you in advance of your renewal period and give you an opportunity to cancel.

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at info@alykahealth.com or by mail at Copyright Agent, c/o ALYKA Health Technologies, 4880 Lower Roswell Rd, Suite 165-116, Marietta, GA 30068

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation

The Services contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ALYKA’s control, and ALYKA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer; Limitation of Liability

THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL ALYKA OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ALYKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALYKA’s LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $100.00.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold ALYKA harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ALYKA by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Violation of These Terms of Use

ALYKA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ALYKA’s rights or property, or the rights or property of visitors to or users of the Services. ALYKA reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. ALYKA also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that ALYKA may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to ALYKA for which monetary damages would be inadequate, and you consent to ALYKA obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ALYKA may have at law or in equity.

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ALYKA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms of Use.  There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not (i) extend to Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) seek injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions.  Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.  There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

LocationThe location of the arbitration shall be in Cobb County, Georgia.

Authority of Arbitrator(s).  As limited by the AAA Rules and these Terms of Use, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use, or to award punitive damages or any other damages that are not compensatory.  The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Cobb County, Georgia for the purpose of litigating all such disputes.  You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration.  In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Users Outside of the United States

ALYKA is organized and operated in the United States.  Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.  You consent to the transfer of your personal information to the United States from your country of residence, if different.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the Privacy Policy and any other legal notices published by ALYKA, constitute the entire agreement between you and ALYKA with regard to your use of the Services. ALYKA’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by ALYKA of any provision or any right it has to enforce these Terms of Use.  Any such waiver must be in writing in order to be effective.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes quelles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

ALYKA Health Technologies is located at:

4880 Lower Roswell Rd
Suite 165-116
Marietta, GA 30068

Please contact us if you have any questions about our Terms of Use. You may contact us by sending correspondence to the foregoing address or by emailing us at info@alykahealth.com.