Eva: Terms and Conditions of Service
Date: 12th January 2021
Please read carefully the following explanation of Eva’s terms and policies.
You must be at least 18 years old to create an account with Eva.
- The App Service “Eva” (“Eva” or “the App”) is available in the Apple App Store and Google Play Store (the “App Store”). If you disagree with any of the terms below, Alta Flora does not grant you a licence to use Eva and you may not download it and should cancel or exit any installation you may have started. Declining this Agreement and the installation of Eva will not impact your ability to use other Alta Flora services and products.
- The Agreement controls the relationship between you and Alta Flora and does not establish any third party beneficiary rights.
- You must be at least 18 years old (the “Minimum Age”) to create an account. If you are a parent or guardian of a dependent who is younger than the Minimum Age, you may accept this Agreement on behalf of the minor dependent on the understanding that you take full responsibility for their use of the Service.
In order to download and install Eva, you must agree to the terms of this Agreement (including any terms that are displayed to you in a pop-up screen before you install Eva). In addition to agreeing to the terms of this Agreement, you are also bound by the Apps Store Terms of Service from where you have downloaded Eva application.
- Eva is designed to empower people to take back control of their health, immunity, quality of life and longevity. Eva provides an easy way for you to track and monitor your symptoms, consumption of medicines and novel therapeutics and their impact on your quality of life. Our current version of the app uses the EuroQol Research Foundation’s EQ-5D instrument for measuring health related Quality ofLife. Our vision is to fundamentally transform healthcare and wellbeing for all, and we believe that personalised medicines and novel therapeutics have a unique role to play in improving a person’s quality of life, wellbeing and longevity. In order to gain accurate insights, we aggregate the anonymised data of our community to find patterns and safety data. We also use analytics and algorithms to improve our service and provide information within Eva. EVA IS NOT A MEDICAL DEVICE. PLEASE DO NOT USE “EVA” FOR MEDICAL PURPOSES – IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, YOU MUST CONSULT A MEDICAL PROFESSIONAL.
- EVA IS NOT INTENDED TO REPLACE CLINICAL MEASURES AND/OR MEDICAL ADVICE. BY USING EVA, YOU AGREE TO USE THE SERVICE WITHIN FOR THE INTENDED INFORMATION AND COMMUNICATION WITH A MEDICAL PROFESSIONAL PURPOSES ONLY AND PARTICULARLY NOT FOR DIAGNOSIS AND/OR MEDICAL PURPOSES.
- Eva is intended to collect user-entered and otherwise provided data points related to health, treatment or medication (method of consumption, time, place, and its ultimate observed effect), physical activity and other data of the person using Eva. These data points allow for statistical processing for medical overviews and correlations related to specific conditions (such as chronic pain, anxiety, sleep disturbances, menstruation discomfort etc.) and one’s personal health in general.
- You can use Eva by downloading and installing Eva from either of the App Stores, and subject to creating an account in the App.
- The scope and functionalities of the App may differ based on the jurisdiction in which you are using Eva and the type of medication and/or therapeutic treatment of your choice. In particular, the App Service may not be available in certain jurisdictions.
CREATE Eva ACCOUNT
- Please register and create an individual or a personal account in order to access Eva’s features and functionalities.
- The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference, as well as a provision of your email address, certain contact information and an individual password (for a new password set up and reset password requests).
- For those of our members who wish to remain anonymous whilst using Eva, we are planning to build a ‘PIN’ feature. This feature will allow you to keep your daily log without submitting any of your personally identifiable information into Eva at any point. Please follow the instructions in Eva if you wish to activate your account with a PIN. We are also looking into solutions which will mean you can opt to convert out of PIN to full Account access at any point without affecting historical logged data.
- You should know that your personally identifiable information is also held locally on your device and is subject to privacy and security measures you have on your device (if any). Therefore you should consider the safety and privacy of your data before using Eva generally. You should refrain from sharing data unless you are certain that the receiving email address is authorised, secure and credible. You should also bear in mind that anyone can access your data if your smartphone device is outside your immediate control, and view the data entered in Eva if proper measures have not been taken to secure your device.
- We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to, or do, disrupt, misuse or intend to falsify any information in Eva.
- You are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your Account.
USE OF Eva
- Once you have created an Account, you are entitled to:
- use the services, any updates and content we provide in Eva on a device owned or controlled by you and may use Eva for your own non-commercial use or benefit. By using Eva, you give us permission to use your anonymous information to improve services for all users. Alta Flora does not sell and will not transmit any personally identifiable information about you to third parties unless we have your express consent.
- In using Eva, you are free to define any product related data fields in any language that makes you feel comfortable to describe a product and edit names. At present we are basing and using the data of the standard international symptom taxonomy system, in order to be useful to researchers, and we are working on adding a similar ‘edit’ feature or similar for sensitive symptoms and or conditions.
- use Eva unless this Agreement is terminated by either party.
- You may not, however:
- copy or publish any part of the App or services provided.
- use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the terms of this Agreement.
- use the Software as part of the provision of healthcare, or in other settings where appropriate software would typically be subject to additional regulatory requirements. You understand that the Software is not designed for such purposes and that its failure in such cases could lead to injury, death, damage to property or financial losses for which Alta Flora is not responsible.
- use or export the App in violation of applicable UK, or other relevant and applicable laws or regulations.
- Subject to your consent to this Agreement and your use of the App, we hereby grant to you a personal, non-assignable, non-exclusive, limited license (the License) to use Eva provided to you as part of the App Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
- The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the App Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the App Service.
- You agree not to post, upload, publish, submit, store or transmit any content or user content that:
- 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;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
- promotes illegal or harmful activities or substances.
You further agree not to engage in any activity that interferes with or disrupts the App Service (or the servers and networks which are connected to the App Service).
FEES AND PAYMENT
- You must download Eva to use it.
- The current version of Eva is free for personal use. In order to be able to provide the App Service, we reserve the right to display advertising during your use of the App.
- We want to counter any cultural negativity by consistently adding to the ‘common’ knowledge bank with regard to plant-based medicine (including medical cannabis) and other novel therapeutics and medicines. We fight stigma with facts and data. We fund research, support studies and individuals pursuing further evidence-based discoveries to make medical cannabis and novel therapeutics mainstream. Therefore, we may provide an option to donate via Eva enabling your support of our App Service.
TERM and TERMINATION
- You are free to stop using the App Service and terminate the legal relationship hereunder. If you choose to stop using the App, simply delete your Account at any time in accordance with the instructions provided in the App and delete Eva from your device. When you delete your Account, all user content and other personal information provided by you will irretrievably and permanently be deleted from our servers and your device.
- We are also entitled to disable the service or to modify the functionalities, in our sole discretion, subject to your rights as a participant in our common journey.
- We will delete all of your personal information (in accordance with applicable laws and regulations) when you delete your Account. Deleting your Account is an IRREVOCABLE action for which there is no known remedy.
- Please note, this Agreement terminates automatically if:
- you violate any term of this Agreement; or
- we publicly post a written notice of termination on Alta Flora’s web site;
- or we send a written notice of termination to you.
- If your licence is terminated either by you or us, you agree to cease any and all use of the App Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
- we won’t sell your personal data to any third party;
- we won’t give you any information that isn’t fact checked and evidence based;
- we won’t accept any stereotyping based on gender, sexuality or race;
- WE GIVE YOU CONTROL OF YOUR DATA AND ACCESS TO IT.
- Alta Flora collects non-personal information if you are using our App. We receive data to report crashes, usage and operating system data, and generalised location (by country/metropolitan area) at the level minimally required to notify us of an issue. In the event of a crash, we will receive this information (which allows us to identify and fix bugs and otherwise improve the performance of Eva) in an aggregated, de-identified manner and is not traceable to an individual and cannot be used to identify an individual.
LIMITATION OF LIABILITY
- WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE APP SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF YOU USE THE SERVICE FOR MEDICAL OR ANY OTHER PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR APP SERVICES.
- WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR YOUR USE OF THE APP SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE APP SERVICE.
- Eva services and its product descriptions shall not be deemed guaranteed unless separately agreed in a definitive written document. We do not warrant that the App Service can be used to achieve particular interests or that the output of the App Service is complete and accurate. Eva is intended to collect user-entered and otherwise provided data points related to health, therapeutic treatment or medication (method of consumption, time, place, and its ultimate observed effect), physical activity and other data of the person using Eva. Your health and wellbeing deserves a personal commitment and the more information you provide, and as often as possible, the better the product or service will be.
- Alta Flora will not be liable to you for claims and liabilities of any kind arising out of or in any way related to the use of the Software by yourself or by third parties. You expressly understand and agree that: (i) your use of Eva is at your sole risk. The App Services available are provided on an “AS IS” basis. Alta Flora expressly disclaims all expressed and implied warranties of any kind, including, but not limited to, the implied warranties of fitness for a particular purpose and non-infringement; (ii) Alta Flora does not warrant that (a) the App will meet your requirements; (b) the App will be uninterrupted, timely, unfailingly secure, or error-free; (c) the data recorded through the app will be accurate or reliable; (d) the quality of any services, information, or other material purchased or obtained by you through the App will meet your expectations and (e) any errors or defects in the App will be corrected; (iii) any information or conclusions drawn or otherwise obtained through the use of the App is done at your own discretion and risk and that you will be solely responsible for any use of that data. (iv) the conclusions and information drawn by you are not in any way approved or endorsed by Alta Flora and you use such information at your own risk. (v) you should always use caution when giving out any personally identifying information about yourself or your dependants. Alta Flora does not control or endorse any actions resulting from your participation with the App and, therefore, specifically disclaims any liability with regard to any actions resulting from use of the App.
- Alta Flora is not liable to you for any and all direct, incidental, special, indirect, or consequential damages arising out of your use or inability to use or access the App Software, or any data provided through the App Software, whether such damage claims are brought under any theory of law or equity. Damages excluded by this clause include, without limitation, those for loss of business profits, injury to person or property, business interruption, loss of business or personal information. Notwithstanding any other provision, nothing in this Agreement shall exclude or limit either party’s liability for the tort of deceit, fraudulent misrepresentation, death or personal injury caused by negligence.
- You agree to indemnify and hold the Alta Flora Entities and its and their employees, directors, officers and contributors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity. You are solely responsible for compliance with agreements you have executed with third parties.
GOVERNING LAW AND JURISDICTION
- This Agreement and the relationship between you and Alta Flora are governed by the laws of England and Wales without regard to its conflict of law provisions. You and Alta Flora agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.
- The platform for online dispute resolution is available at ODR Europe Further information with regard to the latest updates in the UK is available at Online Dispute Resolution (ODR). We are not obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.
GENERAL LEGAL TERMS
- Please note that the Agreement may be amended from time to time and we will notify you by revising the “Last Updated” date at the top of the Agreement and by providing you with an additional notice by email or postings on the App. In this notice, you will be informed about your right to object to the amendment of the Agreement within an adequate amount of time. Your continued use of the Service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s).
- Note on certain laws and regulations applicable to medicinal cannabis and derivatives thereof (if applicable): Laws and regulations surrounding medical cannabis and other natural therapeutics are complex and evolving, as is the information about the efficacy and safety of such products. We think it is important for all of our citizens to be aware of the laws that may apply to them. In the UK, cannabis and the majority of its derivative substances are controlled drugs and their use remains illegal, subject to some exceptions. The most significant statute concerning the control of drugs is the Misuse of Drugs Act 1971 (the “MDA”), which, in conjunction with the Misuse of Drugs Regulations 2001, forms the basis of the UK’s controlled drug regime. Cannabis is a Class B drug under the MDA, meaning it is a criminal offence to import, export, produce, cultivate, supply or possess cannabis without a licence. However, since 1 November 2018, the rescheduling of cannabis under the MDA legislation enables certain unlicensed cannabis based products for medicinal use in humans to be available under the provisions for “Specials” under the Human Medicines Regulations 2012. The Medicines and Healthcare Products Regulatory Agency (MHRA) published relevant guidance on 31 October 2018. The Regulations are available here and the MHRA guidance is available here. Laws and regulations differ depending on the jurisdiction you are located in, please ensure that you are familiar with the local laws and regulations applicable to your chosen treatment and/or medicine. This does not constitute nor should it be construed as legal or medical advice. Always consult your GP and/or specialist doctor prior to trying any treatment, substance or supplement.
- This material includes SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the International Health Terminology Standards Development Organisation (IHTSDO). All rights reserved. SNOMED CT®, was originally created by The College of American Pathologists. “SNOMED” and “SNOMED CT” are registered trademarks of the IHTSDO.
NO GENERAL WAIVER
The failure of Alta Flora to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
For any questions or comments, or to report violations of this Agreement, contact Alta Flora, at: [email protected], ATTN: Eva Terms and Conditions of Service Agreement