These User Terms of Service of Service govern the use of the online platform operated by Eve Health Systems, Inc. (“EHS”) and apply to your access and use of the software available via our platform (the “Platform Content”).

By accessing or using Platform Content, you agree to comply with and to be bound by all of the terms and conditions described in these User Terms of Service. If you do not agree to all of these terms and conditions, you are not authorized to access or use the Platform Content. The terms “you", "your,” and “yourself” refer to the individual user of the Platform Content.

1. Platform Content Use Restrictions. If you are using the Platform Content for the purpose of accessing therapy services or to conduct assessments, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your client portal account. You agree not to access or use the Platform Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these User Terms of Service. The Platform Content may change from time to time and/or EHS may stop (permanently or temporarily) providing the Platform Content (or features within the Platform Content), possibly without prior notice to you.

2. No Medical Advice. While EHS facilitates performing self-assessments and your selection of, communications with and other interactions with your therapist, EHS does not provide medical advice or services. EHS does not interfere with your therapist’s treatment or their independent professional judgment.

   By using the Platform Content, you agree that the Platform Content is not intended to be medical advice and no therapeutical relationship is established between you and EHS. When using the Platform Content, you should never disregard, avoid, or delay obtaining medical advice from your primary doctor.

3. Ownership of Intellectual Property. By using the Platform Content, you hereby acknowledge that EHS and/or its licensors own all intellectual property rights associated with the Platform Content and all such rights are reserved. You are hereby granted a limited license only, subject to these User Terms of Service, for purposes of viewing the Platform Content. You may not reproduce or distribute any portion of the Platform Content without EHS’ explicit permission.
4. Electronic Communications By creating a client portal account with EHS, you are agreeing to sending and receiving electronic communications, including but not limited to email, SMS Text, client portal communications, and voicemail communications to and from EHS relating to your care and treatment. Our electronic communications are secure and HIPAA compliant. However, transmitting sensitive information electronically has the inherent risk of a third-party’s unauthorized access. By using the Platform Content, you acknowledge that you are aware of and accept this risk.
5. Disclaimers. The Platform Content is provided “as is,” with all faults, and EHS makes no express or implied representations or warranties, of any kind related to this site or the materials contained on it. Additionally, nothing contained on this site shall be construed as providing medical advice to you. EHS TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE CONTENT AND/OR SERVICE.

6. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EHS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE PLATFORM CONTENT. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN COMMUNICATIONS SENT OR RECEIVED THROUGH TELEHEALTH VIDEO OR MESSAGING, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT EHS SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT. THE TOTAL LIABILITY OF EHS ARISING OUT OF ANY AND ALL CLAIMS BY YOU IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR USE OF THE EHS PLATFORM TECHNOLOGY WITHIN THE TWELVE MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE.

   In consideration for EHS permitting you to use the Platform Content, you expressly release and hold harmless EHS, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Platform Content, whether arising from negligence or any other acts or omissions by EHS.

   In addition, you will indemnify and hold harmless EHS, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) you may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these User Terms of Service, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.

7. Termination. EHS may suspend or terminate your access to the Platform Content at any time, for any reason or for no reason at all. EHS has the right (but not the obligation) to refuse to provide access to the Platform Content(s) to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. EHS reserves the right to change, suspend, or discontinue all or part of the Platform Content(s), temporarily or permanently, without prior notice. This Section 7, as well as Sections 2, 7 and 8, shall survive any termination or expiration of these User Terms of Service.
8. Choice of Law/Forum. These User Terms of Service are governed by the laws of the State of Colorado, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Colorado courts in the cases that arbitration is not successful or is assigned or appealed to a civil court.
9. Waiver. EHS’ failure to enforce any right or provision of these User Terms of Service will not be considered a waiver of those rights.
10. Enforceability. If any provision of these User Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these User Terms of Service will remain in effect.
11. Notice. Notices required to be given to you by EHS may be delivered by electronic mail to the address provided during the creation of your client portal account.
12. Entire Agreement. These User Terms of Service constitute the entire agreement between EHS and yourself regarding the Platform Content, and supersede and replace any prior agreements you and EHS might have regarding the Platform Content.
13. Updates. EHS may revise these User Terms of Service from time to time and will provide you notice of updates via email at the address affiliated with your account.