Terms of Use

1. ACCEPTANCE OF TERMS OF USE

Please carefully read the following Terms of Use ("Terms") before using any of our websites, including the FeverIQ website and the Enya.ai website (the "Sites") or mobile applications (collectively the "Services"). Enya Inc. ("Enya.ai" the "Company", "we", "us", or "our") provides the Sites and Services. By accessing and using the Sites and Services, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use this Sites (or any of its content) or our Services.

The Services are designed to securely compute on sensitive data, and one of the many tools to help your business operate safely. The FeverIQ application (https://www.feveriq.com) is designed to assess your personal and transmission risks of COVID-19. Other services, such as the COVID-19 symptom tracker and map (https://map.feveriq.com) are designed to anonymously collect symptoms related to respiratory illnesses, such as seasonal flu and COVID-19. We use advanced algorithms to stratify people according to their risk of spreading SARS-CoV-2. Due to the medical characteristics of SARS-CoV-2, including widely varying disease severity, a multi-day incubation period, and asymptomatic carriers and spreaders, no currently-known test, molecular or digital, can perfectly detect people with the virus. Use of the Services does not reduce the need to follow all health authority guidance, particularly the need for frequent hand-washing, social distancing, and wearing a mask.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SERVICES AND THEIR CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SERVICES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Services after that date. Each time you access, use or browse the Sites or any other Services, you signify your acceptance of the then-current Terms.

2. PERMITTED USERS OF THE SERVICES

This Services are directed to persons 18 years of age or older. Enya does not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Sites, but you may not submit any personal information to the Sites. If you are under age 13, you are not permitted to use this Sites or to submit any personally identifiable information to the Sites.

3. ADDITIONAL TERMS

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

4. PERMITTED USE OF SITES

(a) You are hereby granted permission to access and analyze the anonymized, aggregate symptoms data (“Anonymous Data”) that we make accessible through the Sites and Services. In return for accessing and analyzing these data, we ask that you acknowledge the people who contributed this information to Enya. For example, if you are a reporter, you could state in your article that "We thank the users of FeverIQ who provided their symptom data."

(b) You agree not to access the Sites by any means other than through the Sites. The content available through the Services (the “Content”) is the sole and exclusive property of the Company or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites, Services, or the Content, other than as expressly authorized by the Company in writing or as specified in Section 4(a). Use of the Sites, the Services, or the Content, in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by the Company, you are permitted to view and use the Sites and Services. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Sites or Services except as stated in Section 4(a). You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Sites, Services or in the Content.

5. PRIVACY POLICY

Please review the Privacy Policy for the Sites, listed here. If you do not agree with the Privacy Policy, you may not use the Sites.

6. PROPRIETARY RIGHTS

Intellectual property: You acknowledge and agree that, as between the Company and you, all right, title, and interest in and to the Sites, Services and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by the Company or its licensors and are protected by United States intellectual property laws and other applicable laws.

Copyright: Except as specified in Section 4(a), the text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of the Company or its content suppliers and protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Sites or Services, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites and Services, including the look and feel of the Sites and Services, are proprietary to the Company. Unauthorized use of any trademark of the Company may be a violation of trademark laws. Any third-party names or trademarks referenced in the Sites and Services do not constitute or imply affiliation, endorsement or recommendation by the Company or of the Company by the third parties.

7. YOUR INDEMNITY OF THE COMPANY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANYLOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITES, SERVICES OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF THE COMPANY OR ANY THIRD PARTY.

8. LINKS

Links to Other Websites and Search Results: The Sites may contain links to websites operated by other parties. The Sites provide these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under our control and we are not responsible for the content available on these third-party sites. Such links do not imply endorsement of information or material on any other site and we disclaim all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

Links to the Sites: You may link another website to the Sites subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of the Company or the Sites; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with the Company or the Sites; (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking website; and (iv) we reserve the right to revoke its consent to the link at any time and in its sole discretion.

9. MODIFICATIONS TO SITES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites, or any portion thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites.

10. SUSPENSION AND TERMINATION RIGHTS

We reserve the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Sites for any reason, including without limitation any breach by you of these Terms. You agree that we shall not be liable to you or any third party for any such suspension or termination.

11. DISCLAIMER

THE SITES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITES, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Sites is free of viruses or other harmful code.

THE INFORMATION PROVIDED ON THE SITES, THROUGH THE SERVICES, AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE COMPANY IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITES OR SERVICES. YOUR USE OF INFORMATION PROVIDED ON THE SITES AND THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITES OR PROVIDED OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

NO DOCTOR-PATIENT RELATIONSHIP, OR OTHER HEALTH CARE PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITES, THROUGH THE SERVICE OR THROUGH ANY OTHER COMMUNICATIONS FROM THE COMPANY. WE DO NOT IN ANY WAY ENDORSE ANY RESEARCH STUDY, CLINICAL TRIAL, NEWS REPORT, OR MEDICAL SERVICES DESCRIBED ON THE SITES. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION ON THE SITES OR SERVICES.

12. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITES, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITES. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITES SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

13. ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings.  You and we hereby waive any right to a jury trial of any Claim (defined below).   All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement.  However, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies.  You and we also have the right to bring qualifying claims in small claims court.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with us.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY   EXCEPT   AS   PROVIDED   IN   AAA   RULES,   AND   THE   RIGHT   TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

14. GOVERNING LAW AND DISPUTES

These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Palo Alto, in the State of California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, the Company, the Sites or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

The Sites are controlled within the United States of America. Those who choose to access the Sites and Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company does not represent that the Sites, Services or Content are appropriate outside the United States of America.

15. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, pandemic, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

16. MISCELLANEOUS

These Terms set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. The Company’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.

17. QUESTIONS?

Please direct any questions you may have about these Terms of Use, technical questions or problems with the Sites, or comments or suggestions to us at [email protected].