Terms and Conditions
Effective Date: May 1, 2017
This End User License Agreement is between you and Kurbo Inc. (“Kurbo”) and governs your use of the Kurbo online services, including its Website, App and any other Services (“the Services”).
By accessing the Kurbo Website, downloading the Kurbo App, or otherwise using the Kurbo Services, you agree to be bound by the terms of these Terms and Conditions (“Terms”). You further agree that your use of the Services shall be subject to and governed by any usage requirements established from time to time by Kurbo and where applicable, the Usage Rules set forth in the App Store for which you downloaded the App, provided that such terms are consistent with these Terms. You agree to use the Services only in accordance with the foregoing requirements. If you do not agree to the current version of these Terms, you are not entitled to use the Services.
While teens may sign up for this service on their own, parents or guardians of children under the age of 13 (“Child” or “Children”) must register their Child directly and verify their consent for their Child to participate in this service. Note that some countries may restrict the age of consent further (see below for specifics).
References to “you”, “your” or “yours” in these Terms shall refer to you the user, Teens, Children or parents/guardians of Children or Teens (as the case may be).
The Services contain general information relating to health topics, specifically nutrition, exercise and wellness, for educational purposes only, but it is no substitute for medical judgment, advice, diagnosis or treatment of any health condition or problem. The Services do not provide comprehensive information concerning any particular disease or medical condition. Users of the Services should not rely on information provided by the Services to diagnose or treat health problems. Use of the Services does not create an express or implied physician-patient relationship.
Proper treatment of health conditions depends upon a number of factors, including among other things, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting any new diet or fitness regimen. You should not make healthcare decisions, undertake any medical actions or not undertake any medical actions, or avoid or delay obtaining medical advice from a licensed health care practitioner because of something that was read on the Services.
Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration or equivalent authorities in other jurisdictions and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Kurbo does not necessarily endorse manufacturers' or others' claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services discussed, described or sold on the Services, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by our Services either orally or in writing shall create such a warranty.
THE INFORMATION PROVIDED ON THE SERVICES DOES NOT CONSTITUTE MEDICAL ADVICE. NO REPRESENTATION IS MADE REGARDING THE ACCURACY OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN. YOU SHOULD CONSULT AN APPROPRIATE HEALTH CARE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
Kurbo does not provide any form of insurance AND THE SERVICES AND OTHER INFORMATION PROVIDED IN AND ON THIS SITE DO NOT CONSTITUTE ANY FORM OF INSURANCE COVERAGE.
Please note that, in addition to the collection of information provided directly to Kurbo, certain information will be collected automatically by the Services. By using the Services, you agree to the collection, retention and processing of all data collected automatically by the Services or input by you into the Services. THIS INFORMATION MAY INCLUDE THE PHYSICAL LOCATION OF YOUR DEVICE.
Children's Information and Parental Rights
Subject to these Terms, Kurbo grants you a non-transferable, non-exclusive, non-assignable limited license (without right of sublicense) to use the Services, including installing and using one copy of the App on your device in machine executable object code form, for the sole and limited purpose of your personal use. This Service is licensed, not sold, to you under these Terms. You have no ownership rights in, or related to, the software, any services or functionality provided by the Services or any related documentation. Kurbo retains all rights, title, and interest in and to the original, and any copies, of the Services (including any changes, modifications, or corrections thereto) and any related documentation.
Third Party Materials and Links
YOU AGREE THAT KURBO WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTIES LINKED THROUGH THE SERVICES.
Kurbo may make use of the location data that you provide upon registration, and location information automatically collected or transmitted from your computer or device, to provide you with more geographically relevant content and Services. You can turn off this location based functionality for our app at any time by disabling Location Services in the settings for the Services on your device. You may restrict collection of location information from your computer by disabling cookies. However, if you provide us with your location information, permit cookies on your computer and/or enable Location Services on your device, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based Services for the Services. Some features and functionality may not be available if either cookies or Location Services are disabled.
Content, Copyrights, Trademarks, and Other Restrictions
The rights granted by these Terms are limited. You may not assign these Terms or any of the rights or licenses granted under these Terms or sell, rent, lease, license, sublicense, distribute, transfer lend or otherwise grant any right in the Services to any person or entity in whole or in part. Any attempted sublicense, transfer, or assignment in violation of these Terms is void and terminates these Terms.
You acknowledge that the Services contain proprietary trade secrets as well as patented inventions and patent pending technologies owned by Kurbo and/or its licensors and suppliers. You may not: copy, reproduce, port, translate modify, distribute, scrape, create derivative works based on the Services or in any other manner duplicate the Services, in whole or in part; decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms, of the Services by any means; remove any proprietary notices, labels or marks from the Services; or knowingly take any action that would cause the Services to be placed in the public domain.
The Services and the content made available by Kurbo through the Services (the “Content”), including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Kurbo and/or its licensors and suppliers.
Except as provided herein or as permitted by law, you may not upload, post, reproduce, copy, modify, publish, transmit, sell, offer for sale, or redistribute the Services or the Content in any way without the prior written permission of the owner of the copyright or other proprietary right. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. No title, rights, or interests in any downloaded materials from this site are afforded to you as a result of such downloading for personal, noncommercial use.
The names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (“Trademarks”) of Kurbo or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with Kurbo or those other entities. Third-Party Trademarks contained in or used by the Services or Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such third-party Trademarks does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such third-party companies and its licensors and its products or services.
If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at:
Kurbo Terms Administrator
301 Howard, 15th Floor
San Francisco, CA 94105
and provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of or a representative list of the work you believe has been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kurbo to locate the material;
- Information reasonably sufficient to permit Kurbo to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Changes and Updates to the Services and Compatibility
Kurbo will have no obligation to provide the Services, may change the form and nature of the Services at any time with or without notice to you, and may cease providing the Services at any time with or without notice to you.
Kurbo may choose to provide updates to the Services from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Services, you acknowledge that you will be bound by the version of these Terms which is applicable as of the time you download and use any such update to the Services.
Kurbo does not represent or warrant that any version of the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Services. The Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Kurbo does not undertake any obligation to provide the Services to you in a way that is compatible with your hardware or software.
When you send electronic messages through the service, emails or texts to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Kurbo also may contact you by email to respond to any questions you may send to us, send you email communications about information we think you will find useful—including announcements about new products and services through our Services, or communicate other information as necessary to administer the Services.
If you provide us with your cell phone number, you consent to receive text messages to that cell phone related to the Services.
PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
United States Only Restriction
The Services, including the information pertaining to Kurbo, is intended for use only by residents of the United States (or other countries explicitly mentioned in this document). It may not comply with legal requirements of foreign countries. Other countries may have laws or regulatory requirements that differ from those in the U.S. Any portion of the Services is void where and to the extent such portion of the Services are prohibited by law.
You agree to use the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Services or Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Services or infringes on the privacy of any other user of the Services will not be tolerated, including by means of hacking or defacing any portion of the Services, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, homophobic, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
In creating an account, you are solely responsible for maintaining the confidentiality of your access information, including your password, as well as the accuracy, completeness and currency of any data in your account. You may not use or interfere in any way with the account, user name or password of any other Kurbo user at any time. If you suspect unauthorized use of your account, user name or password, you agree to notify Kurbo immediately. Kurbo shall not be liable for any loss related to the use of your account, user name or password by any third party with or without your knowledge. You may be held liable for any losses incurred by Kurbo, its affiliates, officers, directors, employees, consultants, agents and representatives due to any third parties; use of your account or password. Kurbo does not represent, warrant or Guarantee the Currency or Accuracy of member account information, and hereby disclaims all responsibility and liability for any information provided by members by means of their account or for use in public profiles, or in any other connection with the Services.
You are also solely responsible for your interactions with other Kurbo users, and acknowledge that Kurbo is not and shall not in any way be responsible for the behavior of other users, or be liable for any indirect, special, incidental, or consequential damages arising out of or relating to any member's conduct in connection with such member's use of the Services, including without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of Services or any other damages resulting from communications or meetings between users of Kurbo. You hereby agree to exercise reasonable precaution in all interactions with other users, such as in interactive social features, and knowingly and freely assume all risk when using the Services.
We reserve the right to terminate or suspend this Terms without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user of the Services or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
Access to the Services and Wireless Carrier Charges
You acknowledge that by using the internet to use the Services or Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Services will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet access. Kurbo does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.
ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.
KURBO AND ITS SUPPLIERS MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE SERVICES' ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THEY DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SERVICES OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO KURBO TO GRANT THE LICENSE CONTAINED IN THESE TERMS AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL KURBO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF KURBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Kurbo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Kurbo liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Kurbo, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, from your use of the Services or resulting from any violation by you of these Terms, to the fullest extent allowed by law.
These Terms are effective until terminated. You may terminate these Terms at any time by destroying all copies of the Services and related documentation under your control. All license rights granted to you will immediately terminate if you violate any of these Terms, but all other provisions of these Terms will survive such termination.
These Terms are governed by the laws of California, as such laws apply to contracts between California residents entered into and performed entirely in California, notwithstanding your place of residency or California conflicts of law provisions. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
If any provision of these Terms are found to be invalid or unenforceable, they will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect.
Failure by Kurbo to prosecute any right with respect to a default hereunder will not constitute a waiver by Kurbo of the right to enforce rights with respect to the same or any other breach.
Singapore Legal Issues (for Singapore residents only)
For the purposes of compliance with Singapore laws, including the Civil Law Act, Chapter 43 of Singapore, the General Section above shall be read in conjunction with this Section entitled “Singapore Legal Issues (for Singapore residents only)” (“Singapore Section”). In the event of any inconsistency between this Singapore Section and the General Section above, this Singapore Section shall prevail.
Legal Capacity and Consent
- Children under the age of 13 (“Children” or “Child”) and teens aged between 13 to 17 (“Teens” or “Teen”) are prohibited from using the Services without the verified consent of their parent or guardian.
- In respect of every user who is a Child, each parent/guardian is required to (i) register and enter into this End User License Agreement with us on the Child’s behalf and (ii) provide consent to our collection, use and/or disclosure of the Child’s personal data.
- In respect of every user who is a Teen, each parent/guardian is required to register and enter into this End User License Agreement with us on the Teen’s behalf; however, the Teen shall be entitled to provide consent to our collection, use and/or disclosure of the Teen’s personal data.
- In respect of every user who is an individual aged 18 and above, he/she may (i) register and enter into this End User License Agreement with us and (ii) provide consent to our collection, use and/or disclosure of his/her personal data.
Bermuda Legal Issues (for Bermuda residents only)
or the purposes of compliance with Bermuda laws, including the Minors Act 1950, the General Section above shall be read in conjunction with this Section entitled “Bermuda Legal Issue (for Bermuda residents only)” (“Bermuda Section”). In the event of any inconsistency between this Bermuda Section and the General Section above, this Bermuda Section shall prevail.
Legal Capacity and Consent
- Children and teenagers under the age of 18 (“Minor” or “Minors”) are prohibited from using the Services without the verified consent of their adult parent or guardian and compliance with the registration requirement set out in paragraph B(2) below by the adult parent or guardian of the Minor.
- In registering each Minor, the adult parent/guardian shall be deemed to directly and personally accept, assume and pay all obligations and liabilities of the Minor under the General Section as a user to Kurbo as a primary obligor, including but not limited to the “Indemnification” provision in the General Section.
You may contact us at:
Kurbo Terms Administrator
301 Howard, 15th Floor
San Francisco, CA 94105