Last updated: November 30, 2017
Essentially, by registering for or receiving coaching services from Ginger.io Coaching Services LLC (“Ginger.io” or “we”) or downloading or using the Ginger.io mobile application (the “App”), you agree to the following:
We collect data from you to deliver our services as set out more fully in the Privacy Statement].
You give us your informed consent to use the means necessary to provide you with our coaching services in compliance with applicable law, including remote-access communication features/functionality (such as video, text, or audio) and the information you voluntarily provide to us.
You understand and confirm that Ginger.io is not a licensed medical provider and does not provide medical care, healthcare services or emergency services. We only provide coaching services and do not intend at any time to provide medical or healthcare services to you.
YOU AGREE THAT THE APP, ANY COMPONENT OF THE APP, AND ANY INFORMATION MADE AVAILABLE THROUGH THE APP (COLLECTIVELY, OUR “SOFTWARE”) AND OUR COACHING SERVICES ARE NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION OR TREATMENT.
1.c. Subject to applicable law, Ginger.io may change or discontinue, temporarily or permanently, any feature or component of our Software at any time without notice.
1.d. By accessing or using our Software or registering for or receiving our coaching services, you hereby give consent to such services being provided to you by us and our service providers.
4. Disclosure Restrictions. You acknowledge that the Software, including the source code for the Software and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of, Ginger.io and its licensors and suppliers. If you should gain access to such materials, you shall not disclose them to anyone.
6. Privacy Terms. For information about our privacy practices in connection with our services, please read the Privacy Statement The Privacy Statement explains how Ginger.io collects, protects, uses and shares your personally identifiable information in connection with your use of our services. In connection with creating an account or clicking an “I Accept” button or an equivalent indicator with regards to the access and use of Software, you have indicated that you agree to the terms of the Privacy Statement.
7. Communications. Email and text messaging allow us to exchange information with you efficiently in connection with the provision of our services. At the same time, we recognize that email and text messaging are not a completely secure means of communication because these messages can be addressed to the wrong person or accessed improperly while in storage or during transmission. Your use of the Software or our services means that you agree and consent to the use of email and/or text messaging as an acceptable form of communication for the purposes of receiving such services.
8. Login Information and Access. Ginger.io may issue to you, or prompt you to provide, a username/password for login to download, access and use the Software. Ginger.io will protect as confidential any personally identifying information that you may provide to complete the applicable online forms to establish your username/password or account with Ginger.io (“Account Data”). You agree to provide, maintain and update true, accurate, current and complete Account Data, and represent that you will not misrepresent your identity or your affiliation with any person or entity. Ginger.io reserves the right to authenticate any information you provide. You shall be responsible for all use and access of the Software by means of usernames/passwords issued to you. You will notify Ginger.io promptly of any unauthorized use of your username/password or account or any other known or suspected breach of security, or other occurrence requiring username/password or account cancellations or changes. Ginger.io cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your account or for any third party's fraudulent use or misuse of information submitted by you. You are solely responsible for providing accurate information so that you can be provided with the appropriate coaching services. We are not responsible for your failure to provide the information needed to provide you with appropriate coaching services.
9. Feedback. Ginger.io may ask for your feedback regarding the Software, including any problems encountered in the Software (the “Evaluation Data”). If you provide Evaluation Data to Ginger.io, it will be deemed and remain the sole property of Ginger.io to the fullest extent permitted by applicable law, and will not be subject to any obligation of confidence on the part of Ginger.io. To the fullest extent permitted by applicable law, Ginger.io shall have all ownership, right, title and interest in and to the Evaluation Data and any and all intellectual property and proprietary rights thereto and therein. You hereby transfer and assign to Ginger.io any and all intellectual property rights you may have in and to the Evaluation Data, waive any moral rights you have in the Evaluation Data to the fullest extent permitted by applicable law, and agree to cooperate with Ginger.io to perfect Ginger.io’s sole and exclusive ownership in and title to the Evaluation Data. Complaints can be directed to Ginger.io at the contact information listed below or on our website: www.ginger.io.
11. Export Restrictions. You may not export or re-export any Software except in full compliance with all applicable laws, regulations, judicial orders, executive orders and similar binding legal instruments, including in particular the Export Administration Regulations of the U.S. Department of Commerce.
14. Assumption of Risk. The Software is designed to provide you with information and coaching services based on your inputs to mobile interactions. The Software and any information supplied to you by Ginger.io is not, nor a substitute for, medical advice. By granting you a license to use the Software and providing coaching services to you, Ginger.io does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event shall Ginger.io be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Software or any activity you undertake in connection with your receipt of our coaching services. As between you and Ginger.io, you are solely responsible for your use of the Software and our coaching services, your health and medical condition, and any treatment related thereto. Ginger.io shall have no liability for any unauthorized disclosure of your personally identifiable information due to your actions or omissions or that of your healthcare provider.
YOU AGREE THAT: (i) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY; (ii) GINGER.IO DOES NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS AND IS NOT A HEALTHCARE PROVIDER; (iii) GINGER.IO IS NOT YOUR HEALTHCARE PROVIDER, IS NOT AND DOES NOT PROVIDE EMERGENCY SERVICES, AND MAY NOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (iv) DATA PROVIDED BY GINGER.IO THROUGH THE SOFTWARE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (v) GINGER.IO IS NOT A LICENSED MEDICAL CARE PROVIDER AND HAS NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (vi) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (vii) NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE SOFTWARE; (viii) GINGER.IO HAS NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING THE SOFTWARE; AND, (ix) GINGER.IO IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY THE SOFTWARE.
In connection with your use of the Software and our coaching services, you'll work with a coach who will provide personal support, encouragement and motivation. The coaches do not provide medical advice. The coaches do not provide professional clinical counseling or other clinical or psychotherapy services. None of the advice provided by the coaches or the Software should be considered medical or clinical advice and none of such information is intended as medical or clinical advice. You should always talk to your medical or other healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on our Software or received through our coaching services. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. The information provided in or through the Software or our coaching services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your doctor/physician, nurse, or any other medical or clinical healthcare professional.
To the fullest extent permitted by applicable law, you agree that Ginger.io shall not be liable to you or to any third party for any unavailability, modification, suspension or discontinuance of any feature or component of the Software or the coaching services.
To the extent Ginger.io provides information from, or links or references to, websites operated by third parties, Ginger.io does not monitor or investigate such websites and Ginger.io is not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites does not imply approval or endorsement of the linked website by Ginger.io. If you decide to access these third party websites, you do so at your own risk. You agree that Ginger.io has no liability for any damage or loss of any type that is a result of your use of a third party website.
15. Disclaimer of Warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES AND CONDITIONS, SO SOME OF THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU.
GINGER.IO PROVIDES THE SOFTWARE TO YOU "AS IS", WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; AND, GINGER.IO HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES AND CONDITIONS. GINGER.IO MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS ACCURATE, COMPLETE OR UP-TO-DATE. GINGER.IO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE USE OF THE SOFTWARE, THE RESULTS THEREFROM, OR THE USE OF ANY DATA (INCLUDING WITHOUT LIMITATION DATA PRODUCED BY THE SOFTWARE) OR INTERACTIONS OF ANY USER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY GINGER.IO EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR SHALL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. GINGER.IO’S LICENSORS AND SUPPLIERS EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE. GINGER.IO DOES NOT WARRANT THAT THE SOFTWARE, OR ACCESS THERETO OR USE THEREOF, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY END USER’S REQUIREMENTS OR ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY STANDARDS. GINGER.IO DOES NOT WARRANT THAT ANY FUNCTIONALITY, INCLUDING WITHOUT LIMITATION ANY SECURITY MEASURE OR SECURITY FEATURE, PROVIDED HEREUNDER WILL BE ERROR-FREE, UNBREAKABLE, UNBREACHABLE, VIRUS FREE, OR INVIOLATE; AND, END USERS ASSUME THE ENTIRE RISK (AND ARE SOLELY RESPONSIBLE) THAT, NOTWITHSTANDING ANY SECURITY OR OTHER MEASURE THAT MAY BE PROVIDED BY GINGER.IO OR ITS LICENSORS OR SUPPLIERS HEREUNDER, THE SOFTWARE AND/OR THE DATA PROCESSED THEREBY MAY BE CORRUPTED, COMPROMISED, INACCESSIBLE OR LOST. THE SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GINGER.IO SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
16. Limitation of Liability; Indemnification. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS ON CERTAIN TYPES OF DAMAGES, SO SOME OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU.
17. Notices. You agree that Ginger.io may provide you with notices and other disclosures in connection with the Software and our coaching services by postings on the Software and/or communications sent to the email address or mailing address provided by you when you registered to download and install the Software.
Notices to Ginger.io shall be sent to: Ginger.io Coaching Services LLC 332 Pine Street, Suite 800, San Francisco California 94104 USA.
Each party may change such address upon written notice to the other party.
21. Force Majeure. Ginger.io shall not be liable for failure to perform any of its obligations hereunder during any period in which such performance is delayed or impracticable due to circumstances beyond Ginger.io’s reasonable control, including without limitation earthquakes, fire, flood, war, embargo, strike (other than Ginger.io’s employees), riot, civil unrest, inability to secure materials, transportation, or power/utilities, intervention of any governmental authority, or acts of God/nature.
22. No Joint Venture; Independent Contractors. The parties will at all times be independent contractors and will so represent themselves to all third parties. Neither party has granted to the other the right to bind it in any manner whatsoever and nothing herein will be deemed to constitute either party the agent or legal representative of the other nor to constitute the parties as joint venturers.
25. Payment. It is your responsibility to know if your insurance coverage includes our coaching services. Payment for the use of certain components of the Software and our coaching services is required and due at the time or point of service. Subscriptions are not refundable, even if you cancel or don’t use the services. Our coaching services are subject to cancellation fees if you miss a scheduled session and fail to give the required advance notice. Ginger.io is not responsible for the user being reimbursed by an insurance plan or policy. Payment is due and payable regardless of insurance or reimbursement.