Kinsa, Inc. Website and Mobile Application

TERMS OF USE AND CONDITIONS

TO USE THE KINSA, INC. WEBSITE AND MOBILE APPLICATION, YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS THE TERMS SET FORTH IN OUR PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES, WHICH ARE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AS SET FORTH BELOW OR THE TERMS DESCRIBED IN OUR PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES, YOU MUST NOT USE OUR WEBSITE OR MOBILE APPLICATION.

Welcome to Kinsa, Inc.’s (“Kinsa”) website and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the Kinsa (“our”) website (“Site”) and mobile Application (“Application”). Please read these Terms in full before using our Site or Application. By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms, and our Privacy Policy and Notice of Privacy Practices. If you do not agree to these Terms, please do not use our Site or our Application. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site and Application bind you to the use of the changes made. We do occasionally update these terms so please refer to them in the future.

DO NOT SHARE YOUR KINSA USERNAME OR PASSWORD WITH ANYONE. You are responsible for taking steps to protect yourself from unauthorized use of your username or password. We are not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume the risk of an unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of our Site or Application or any service related thereto.

DO NOT SEND URGENT OR EMERGENCY MESSAGES USING OUR SITE OR APPLICATION. IN CASE OF EMERGENCY YOU SHOULD CALL 911.

Our Application contains software regulated by the U.S. Food and Drug Administration (FDA) as a medical device. Specifically, the software associated with reading a temperature using the Kinsa Smart Thermometer is regulated by the FDA. The Kinsa Smart Thermometer is intended to measure the human body temperature orally, rectally, or under the arm, and the thermometers are reusable for clinical or home use on individuals of all ages. However, the information provided in our Application and on our Site is not intended, and shall not be construed, as medical advice, treatment advice or a diagnosis, and is not a substitution for consultations with qualified health care professionals who are familiar with an individual’s medical needs. See section below “Disclaimers” for more details.

Access to Site and Application

You will be able to access our Site without having to register any details with us.
You may only access our Application by downloading it from our website or third parties like the Apple iTunes Store or Google Play. These Terms are only applicable to the use of our Site and Application. We do not have any control over third-party websites or applications, and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our Application through such third-party website.

Privacy

We are committed to maintaining the privacy of your information. Please refer to our Privacy Policy and Notice of Privacy Practicesfor information on how we collect, use, disclose and protect your information. Acceptance of these Terms constitutes your consent to the practices set forth in our Privacy Policy and Notice of Privacy Practices. All information obtained and maintained by Kinsa is subject to all applicable state and federal laws and regulations governing the security and confidentiality the information.

Additionally, we pride our Site and Application on three core Privacy Principles: Engender Trust; Ensure Transparency; and Empower Users. Click here to read more.

Use of Your Information

Kinsa permits you to record information about common illnesses and your symptoms. Once you have transferred this information to our Site or Application, the use and disclosure of this information is governed by applicable state and federal regulations. Any information provided to Kinsa through our Site or Application will be securely maintained and protected.

We also merge other sources and other anonymous and aggregate demographic data with data we collect from you to derive mathematically modeled aggregate data (“Kinsa, Inc. Aggregate Data”), which is used to get a real-time understanding of and predict the prevalence of the spread of illnesses within a specific geographic area. NO PERSONALLY IDENTIFIABLE INFORMATION IS INCLUDED IN THIS DATA WHEN IT IS SHARED.

Use of Site and Application

Our Site, Application, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Kinsa or its parent, and are protected by U.S. and international copyright laws.

The contents of our Site or Application may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site or Application are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Kinsa or its businesses has established in any of its products, Site, Application, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site or Application for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to You. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this Site.

As a condition of your use of the Site and Application, you will not use the Site or Application, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site or Application are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section below. You may not use the Site or Application contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site, Application, or any contents or services. You may not attempt to gain access to any portion of the Site or Application, or any of its contents or services, other than those for which you are authorized.

As a condition of your use of the Application, YOU AGREE NOT TO REVERSE ENGINEER OUR APPLICATION, THE KINSA SMART THERMOMETER, AND ANY OTHER SOFTWARE RELATED TO THE USE OF THE KINSA SMART THERMOMERER IN ANY WAY WHATSOEVER. For purposes of clarity, this includes but is not limited to determining composition or components, and analyzing the methods of communication, signal processing and inputs/ outputs from, between, and to the Kinsa Smart Thermometer, a mobile device, and the Application or any related software.

While every effort is made to ensure the timeliness and accuracy of the Site and Application content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from such use.

We make no representation or warranty, express or implied, with respect to the content of the Site or Application, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site or Application, or the results to be obtained from using the Site or Application . We make no representation or warranty that the Site or Application or content thereof is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on the Site and Application do not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer or mobile device, and you should ensure that you have a complete and current backup of the applicable items on your computer or mobile device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site or Application. While every effort is made to ensure smooth and continuous operation, we do not warrant the Site or Application will operate error free.

Site Uptime

We take all reasonable steps to ensure that our Site and Application are available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if our Site or Application is unavailable at any time.

Our Site and/or Application may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our Site and Application, you shall not post or send to or from either the Site or Application:
(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site or Application are being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site or Application in breach of the this Section.

You shall not use our Site or Application while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site and Application only with due regard for your own safety and the safety of others.

Links to Site and Application

If you would like to link to our Site or Application, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Application, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH OUR SITE AND/OR APPLICATION IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. You acknowledge that you understand and assume full responsibility for the risks associated with the use of our Site and/or Application and the services offered by each, and that the use of such is at your sole risk. Kinsa is not liable to you, or any third party, for any decision made or action taken by you or any third party based on information contained on our Site and/or Application and the services offered by each; or, due to reliance upon information contained on our Site and/or Application and the services offered by each.

All information on our Site and Application is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site and Application. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or the Application or reliance on the information from either.

THE SITE AND APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THE APPLICATION, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability

YOUR USE OF OUR SITE AND APPLICATION IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DECISION OR ACTION TAKEN OR NOT TAKE, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED BY OUR SITE AND/OR APPLICATION , USE OR DISCLOSURE OF YOUR INFORMATION, OR FOR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR APPLICATION, OR YOUR RELIANCE ON OR USE OF THE SITE OR APPLICATION, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE OR APPLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless 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 use of and access to the Site and/or Application or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You.

Applicable Law

We make no representations that the content or the Site or the Application are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site or Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.

Our Site and Application are created and controlled by the State of New York, United States of America. The Site and Application, and their contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of New York, and applicable United States federal laws. Use of our Site and Application constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site and Application are subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site or through our Application, as may be required.

General

These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site or Application, shall constitute the entire agreement between us concerning use of the Site and Application. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last Updated: December 17, 2013