Terms of Service

 
 

These Terms of Service (“Agreement”) constitute an agreement between you and Trayt Inc. ("Trayt"). The terms of this Agreement govern your use of Trayt’s application called Trayt (“Trayt” or “App”), available on the iTunes App Store, and related markets, the supporting website called www.Trayt.io. By visiting or interacting with the App or the corresponding website at www.Trayt.io (“Site”), either as a visitor or as a user, you agree to be bound by the terms of this Agreement. 

1. Description of Service

Trayt is an application ("App") whereby patients can track and analyze the symptoms of chronic conditions. You understand and agree that the App is provided "AS-IS" and that Trayt assumes no responsibility for the use of the App. Trayt is constantly innovating and seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the App which Trayt provides may change from time to time without prior notice to you. You may stop using the App at any time. By using this App, you acknowledge that Trayt does not control in any manner the nature, quality, or accuracy of user-generated content, such as data saved and interpretations made. You agree that Trayt is a neutral engine for people to record their symptoms’ severities and potential correlating factors. 

2. Eligibility

The App may not be used by minors (those under 18 years of age, or otherwise under applicable law), or by other individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the App or the Site. 

3. Trayt Does Not Provide Medical Advice

Any information published by Trayt, including text, graphics, images, symptoms, treatments, dosages, outcomes, charts, profiles, photographs, advice, comments, messages, and other information, is for informational, research and educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease. Use of Trayt is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you see on Trayt!

 BY USING TRAYT YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT TRAYT IS NOT A PROVIDER OF HEALTH CARE SERVICES AND IS NOT MAKING ANY RECOMMENDATIONS ON CARE OR TREATMENT. 

If you think you may have a medical emergency, call your doctor or 911 immediately. Trayt does not recommend or endorse any specific course of action, tests, resources, physicians, products, procedures, drugs, opinions, or other information that may be mentioned in relation to the App, as reviewed in the App Store, on the Trayt Facebook, Twitter, Website, or elsewhere. Reliance on any information provided by Trayt, on data compiled on the App, the website, or on other users’ experience with the App or website is solely at your own risk. 

4. Code of Conduct and Lawful Use of the App

You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit, whether publicly posted or privately transmitted. You agree not to post or upload anything to the Trayt App Web Site or App Store page that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person or medical profession; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the App to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone. 

5. Privacy

The personal information you submit to Trayt is governed by the Trayt’s Privacy Policy. To the extent there is an inconsistency between this Agreement and the Trayt Privacy Policy, this Agreement shall govern.

Some users may feel uncomfortable sharing information online. Users should discuss the safety and privacy of their data before utilizing the export feature of the App if they have concerns about their privacy and data safety. Users should refrain from exporting data unless they are certain that the receiving email address is authorized, credible, and secure. Users should understand that anyone can access their data if their smartphone is outside of their immediate control, and view the data entered into the app. We urge you to recognize and fulfill your responsibility to protect the privacy of your data by keeping your smartphone secure at all times. In using the App, users are free to define any data fields in language that makes them feel comfortable. They may also easily edit the symptom name without changing the historical data. The App is not networked, meaning that the data remains on the user’s smartphone at all times, unless and until the user exports their data. At such time, the data should be considered available to the public domain, so users should use due caution before sharing their data. Data exported by the user at the user’s command is NOT email-deidentified and should therefore be considered data for public use. Users can define their symptoms in whatever language they wish. Users are also free to stop using the App at any time. If a user chooses to delete Trayt from their smartphone, their data will also be irretrievably deleted. 

Trayt has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Trayt passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Trayt account and password; (3) promptly inform Trayt if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links on the Trayt website. You grant Trayt and all other persons or entities involved in the operation of Trayt the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Trayt. Trayt cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Trayt tools and services.

6. Changes and Limits to Service

Trayt reserves the right to modify the App (or any part thereof) with or without notice. You agree that Trayt has no responsibility or liability for any deletion or failure to store any data or other content maintained or transmitted by the App. You also agree that Trayt reserves the right to change these limits at any time. 

7. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF TRAYT IS AT YOUR SOLE RISK. THE APP AND SERVICES AVAILABLE ARE PROVIDED ON AN "AS IS" BASIS. TRAYT 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. (2) TRAYT 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 PRODUCTS, 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. (3) 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. (4) THE CONCLUSIONS AND INFORMATION DRAWN BY YOU ARE NOT IN ANY WAY APPROVED OR ENDORSED BY TRAYT, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. TRAYT DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION WITH THIS APP AND, THEREFORE, TRAYT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM USE OF THE APP. 

8. Limitation of Liability

WHEN USING THE TRAYT, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF TRAYT AND ITS SUPPLIERS. ACCORDINGLY, TRAYT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF TRAYT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAYT ITS PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRAYT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE APP; (b) ANY ACTION YOU TAKE BASED ON THE CONCLUSIONS YOU DRAW BY USING THE APP, (c) YOUR FAILURE TO KEEP YOUR DATA SECURE AND CONFIDENTIAL, (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; or (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE. 

9. Indemnification

You agree to indemnify and hold harmless Trayt its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement. 

10. Notice

Notices to users may be made by updates when updating your app (which you update on the relevant App Store). Trayt may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on their Website, http://www.Trayt.io/ or via email notification to existing users.

11. Modifications to this Agreement

Trayt reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the App after the date on which this Agreement has changed, Trayt will treat your use as acceptance of the updated Agreement. 

12. General Legal Terms

The Terms of Use constitutes the entire agreement between you and Trayt and governs your use of the App, superseding any prior agreements between you and Trayt You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. All disputes arising under, or in any way connected with membership in or use of the App, shall be litigated exclusively in the state courts residing in San Mateo County, California, and in no other court or jurisdiction. You and Trayt agree to submit to the personal and exclusive jurisdiction of the courts located within San Mateo County, California. 

Trayt, Trayt App, Trayt, and other related logos and product and service names are trademarks of Trayt Unless you have agreed otherwise in writing with Trayt nothing in this Agreement gives you a right to use or display any of these trademarks in any manner. 

Trayt may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect. 

For any questions or comments, or to report violations of this agreement, contact Trayt at:

Trayt, Inc. 

ATTN: Terms of Use Agreement

555 Twin Dolphin Drive

Suite 145

Redwood City, CA 94065

CONTACT@TRAYT.IO