attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Website and Application, user accounts, or the technology and equipment supporting the Website and Application; frame or link to the Website and Application without permission; use data mining, robots, or other data gathering devices on or through the Website and Application, unless specifically allowed by these Terms; post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of your rights to use the Website and Application to a third party without our express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms and Conditions; use the Website and Application in an illegal way or to commit an illegal act in relation to the Website and Application or that otherwise results in fines, penalties, and other liability to Eko or others; or access the Website and Application from a jurisdiction where it is illegal or unauthorized.
By creating, posting, or sharing data, sound, and images on or through the Website or Application (“Your User Content”), and subject to the Privacy Notice, you grant Eko a perpetual, irrevocable, worldwide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Website, Application, or other Eko products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will terminate after you stop using the Website and Application. Eko reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion.
You represent and warrant that: (i) you own the content posted by you on or through the Website or Application or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Website or Application does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Website or Application does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Website or Application. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
Eko may review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms and Conditions; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Website or Application.6.2. Use of the Application You may use the Application and the Website, including any data presented on or by the Application or Website for You, or otherwise hosted or stored by Eko for You, only on Your own behalf and for lawful and appropriate purposes. You shall not use the Application, the Website or any of the data presented on or by the Application or Website, or otherwise hosted or stored by Eko, for any commercial purpose other than as expressly permitted herein. This license is revocable at any time without notice and with or without cause. You will notify Eko immediately upon any suspected unauthorized use of the Application or Website, whether by You or a third party, or any suspected loss of or suspected unauthorized access to passwords or other log-in information used by You to access the Application or Website (“Login Credentials”). You shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Eko shall bear no liability or other responsibility associated therewith. 6.3. The Eko Findings and Reports You may use the Eko Application to generate reports of findings using the heart or body sound data.
Any reports provided by Eko do not suggest a diagnosis. The interpreted report is intended as information for You and to be used as a tool to provide proper diagnosis and treatment taking into account the patient's complete medical history. Analysis and diagnosis based on the data can only be accomplished by a physician.6.4. Regional Telemedicine Restrictions Due to telemedicine restrictions, Your location may restrict Your ability to use the Clinical Interpretation Service. Since you are using a mobile device to collect Your data, it is your responsibility to ensure the Clinical Interpretation Service is legal according to Your local telemedicine laws.
Due to telemedicine restrictions, Your location may restrict Your ability to use the Clinical Interpretation Service. Since you are using a mobile device to collect Your data, it is your responsibility to ensure the Clinical Interpretation Service is legal according to Your local telemedicine laws.
For Cause. Immediately (1) in order to comply with applicable Law or instructions from any governmental agency or authority; (2) if Eko, in its sole discretion, suspects that You are using the Application or Website in a manner not permitted by these Terms and Conditions; or (3) upon any breach of these Terms and Conditions by You.
For Convenience. For convenience, upon notice by Eko to You.8.4. Effect of Termination Upon the expiration or earlier termination of Your registration or rights to use the Application or Website, for any reason (i) You will no longer be authorized to access or use the Application or Website or otherwise use any of the features or services offered by or through the Application or Website; (ii) Eko may delete any data associated with You or Your account; and (iii) all rights and obligations of the Parties under these Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in Section 8.5. 8.5. Survival of Selected Provisions Notwithstanding the expiration or earlier termination of Your registration or rights to use the Application or Website, the following sections of the Terms and Conditions shall survive any such expiration or termination: Sections 3.2, 6.1, 8.4, 9, 10, 11 and 12.