1. Ability to Accept. By installing the App and/or accessing the Website, you affirm that you are over eighteen (18) years of age.
2. License. Subject to the terms and conditions of this Agreement, and solely during the term you are employed by the employer who is paying for your use of the App. We hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device”) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below). Subject to the terms and conditions of this Agreement, we hereby grant you a License access and use the Website in accordance with this Agreement.
3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App and/or the Website; (ii) make the App and/or the Website available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App and/or the Website; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App and/or the Website or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App and/or the Website or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App and/or the Website; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App and/or the Website; (vii) use any communications systems provided by the App and/or the Website to send unauthorized and/or unsolicited commercial communications; (viii) use the Fijoya name, logo or trademarks without our prior written consent; and/or (ix) use the App and/or the Website to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
4. Account. In order to use some of the App and/or Website features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled 'Distributor Requirements and Usage Rules', but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
6. Location Data. Certain features or functionality (“Features”) of the App and/or the Website may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.
7. Use of the App/Website in a Vehicle. If you are using the App and/or the Website in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
8. Intellectual Property Rights.

1. Ownership. The App is licensed and not sold to you under this Agreement and you acknowledge that Fijoya and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
2. Content. The content on the App and/or the Website, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), and the Feedback (defined below), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials and Feedback, the “Content”), is the property of Fijoya and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Fijoya” and the Fijoya logo are Marks of Fijoya and its affiliates. All other Marks used on the App and/or the Website are the trademarks, service marks, or logos of their respective owners.
3. Use of Content. The content on the App and the Website are provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

1. Feedback.

1. During your use of the App, the Website, and/or other services provided by Fijoya, you may provide feedback (any ideas, concepts, inventions, know-how, questions, comments, suggestions or the like) regarding the App and/or the Website, services or products (collectively, “Feedback”). All rights, including intellectual property rights in such Feedback shall belong exclusively to Fijoya; and you hereby irrevocably and unconditionally transfer and assign all intellectual property rights you have in such Feedback and waive any and all moral rights that you may have in respect thereto.

1. Third Party Sources and Content.

1. The App and/or the Website enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content”). The App and/or the Website may also enable you to communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners, service providers and customers.
2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.
3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights of, or relating to, any Third Party Content.
4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
5. By using the App and/or the Website you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Fijoya, and release Fijoya from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

1. Payments.

1. The License granted hereunder may be subject to a fee which you or the company that you work for will pay in order to access certain features and uses. Such fees are governed by the terms of a separate commercial agreement between Fijoya and you or the company that you work for, however, please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App and/or the Website.
2. Please be aware that your use of the App and/or the Website may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

1. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App and/or the Website is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
2. Privacy. We will use any personal information that we may collect or obtain in connection with the App and/or the Website in accordance with our privacy policy which is available at http://www.fijoya.io/legal/privacy (“Privacy Policy”), and you agree that we may do so. Notwithstanding, you are aware that you are not legally obligated to provide us personal information, and you hereby confirm that providing us personal information is at your own free will. Please also be aware that certain personal information and other information provided by you in connection with your use of the App and/or the Website may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access. Subject to our Privacy Policy, you hereby acknowledge and accepts that we shall be entitled to make use of Personal Information for the purposes detailed in the Agreement.
3. Warranty Disclaimers.

1. THE APP AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP AND THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the APP AND THE WEBSITE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
3. FIJOYA DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY THIRD PARTY, SERVICE PROVIDERS. PARTNERS, AND/OR CONTENT THAT APPEARS IN THE APP AND/OR IN THE WEBSITE, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH THIRD PARTY, SERVICE PROVIDERS. PARTNERS, AND/OR CONTENT INCLUDING BUT NOT LIMITED TO ANY RESULTS AND/OR SERVICES THAT WILL BE PROVIDED AS A RESULT OF USING THE APP AND/OR THE WEBSITE.
4. YOU SPECIFICALLY ACKNOWLEDGE THAT FIJOYA SHALL NOT BE RESPONSIBLE FOR THIRD PARTY SERVICES, MEDICAL RESULTS, INPUTS, OUTPUTS, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5. IF YOU HAVE A DISPUTE WITH ANY OTHER APP OR WEBSITE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
6. FIJOYA ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE APP AND/OR THE WEBSITE. THE CONTENT ON THE APP AND/OR THE WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. FIJOYA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. FIJOYA DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE APP AND/OR THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
7. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

1. Limitation of Liability.

1. UNDER NO CIRCUMSTANCES SHALL FIJOYA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF FIJOYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. IN ANY EVENT, FIJOYA'S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP AND/OR THE WEBSITE, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU OR THE COMPANY YOU WORK FOR, TO FIJOYA FOR USING THE APP AND/OR THE WEBSITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.

1. Indemnity. You agree to defend, indemnify and hold harmless Fijoya and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the App and/or the Website; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
2. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor the Website, or any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
3. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
4. Term and Termination.

1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App and/or the Website; and/or (ii) terminate this Agreement and your use of the App and/or the Website with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App and/or the Website in any way, your only recourse is to immediately discontinue use of the App and/or the Website.
2. Upon termination of this Agreement, you shall cease all use of the App and/or the Website. This Section 21.2 and Sections 8 (Intellectual Property Rights), 9 (Feedback), 11 (Third Party Sources and Content), 15 (Privacy), 16 (Warranty Disclaimers), 17 (Limitation of Liability), 18 (Indemnity), and 23 (Assignment) to 27 (Distributor Requirements and Usage Rules) shall survive termination of this Agreement.

1. Third Party Open Source Software. Portions of the App and/or the Website may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms upon request to support@fijoya.io. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Fijoya makes no warranty or indemnity hereunder with respect to any third party open source software.
2. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Fijoya without restriction or notification.
3. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App and the Website. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the App and/or the Website thereafter means that you accept those changes.
4. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any dispute, controversy or claim arising out of or in connection with this Agreement, including the breach, termination or validity thereof, shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the state county where Fijoya is located, and the language of the arbitration shall be English. Each party shall bear its own costs of arbitration, and the parties shall share equally the fees and expenses of the arbitrator(s). The award of the arbitrator(s) shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. Nothing in this clause shall preclude either party from seeking interim injunctive relief, or any other provisional remedy, from any court of competent jurisdiction in the State and county where Fijoya has its registered address. To the fullest extent permitted by law, You agree to waive any right You may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Fijoya related to this website, You also agree to opt out of any class proceedings against Fijoya or its licensors.
5. General. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. This Agreement, and any other legal notices published by us in connection with the App and/or the Website, shall constitute the entire agreement between you and Fijoya concerning the App and the Website. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Fijoya. You are responsible for periodically reviewing the amendments on this website, and You are deemed to be aware of such amendments. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. Distributor Requirements and Usage Rules.

1. Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

1. You acknowledge and agree that:

1. this Agreement is concluded between Fijoya and you only, and not with Apple, and Fijoya and its licensors, and not Apple, are solely responsible for the App and the content thereof.
2. your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
3. the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
4. Fijoya is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
5. Fijoya is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fijoya ' sole responsibility;
6. Fijoya, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
8. Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

1. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
2. If you have any questions, complaints, or claims regarding the App, please contact Fijoya at:

Email: contact@fijoya.io
Telephone: +1-646 869 1190
Address: 488 Madison Ave, Suite 1103, New-York, NY 10022

1. By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

1. Google. If you download the App from Google Play operated by Google Inc. (“Google”), then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:

1. You acknowledge and agree that:

1. this Agreement is concluded between Fijoya and you only, and not with Google, and Fijoya and its licensors, and not Google, are solely responsible for the App and the content thereof.
2. your use of the App is also subject to the Usage Rules established by Google, including those set forth in the Google Play Terms of Service, effective as of the date that you enter into this Agreement.
3. Fijoya is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
4. Fijoya, and not Google, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and
5. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Google shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.