Terms of Use

1. 1.1

   We are Health Cloud GmbH, a company registered in Berlin, Germany, under registration number HRB 273187 B, with registered address at Karl-Liebknecht-Str. 29A, Berlin, Germany (referred to in these Terms as "Health Cloud", "we", "us" or "our").

2. 1.2

   You can contact us about Outcurve:

   1. (a)

      for general queries at: contact@outcurve.ai

   2. (b)

      for technical support at: support@outcurve.ai or via Whatsapp +1 650 554 1688.

3. 1.3

   All references to "you" or "your" refer to the individual user of Outcurve.

4. 1.4

   In this Agreement, the words in bold and quotation marks have the meaning given to them where the word or phrase is first used. If these words are used again, they have the same meaning.

5. 1.5

   These Terms may be provided in more than one language. Unless applicable law requires a particular language version to prevail, in the event of any inconsistency or conflict between different language versions of the Terms, the English version will prevail, and any other versions are provided for reference only.

6. 1.6

   THESE TERMS INCLUDE A LIMITATION ON LIABILITY IN SECTIONS 12 AND FOR USERS OUTSIDE THE EU OR UK: SECTION 15.2, FOR EU AND UK USERS: SECTION 15.3, AND ADDITIONALLY FOR USERS IN GERMANY: SECTION 15.4. PLEASE READ THESE CAREFULLY.

7. 1.7

   Outcurve is a lifestyle and wellness app and is not designed or intended to diagnose, treat, cure or prevent any disease or medical condition. Please see Section 9 below for more information.

8. 1.8

   YOU MUST NOT RELY ON OUTCURVE FOR DECISIONS ABOUT DIAGNOSIS, TREATMENT, MEDICATION, EMERGENCY CARE, OR ANY OTHER MEDICAL OR CLINICAL DECISION. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH, OR ABOUT INFORMATION PROVIDED BY OUTCURVE, YOU SHOULD CONSULT A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL PROMPTLY. IN A MEDICAL EMERGENCY, OR IF YOU EXPERIENCE ACUTE OR WORRYING SYMPTOMS (FOR EXAMPLE, CHEST PAIN, DIFFICULTY BREATHING, SUICIDAL THOUGHTS, PREGNANCY COMPLICATIONS OR SUDDEN SEVERE PAIN), DO NOT USE OUTCURVE AS A ROUTE TO CARE. CONTACT EMERGENCY SERVICES OR THE RELEVANT HEALTHCARE PROFESSIONALS DIRECTLY.

9. 1.9

   Outcurve relies on technologies such as artificial intelligence (whether generative, agentic, or otherwise), machine learning, large language models, or other similar or successor technologies (collectively, "generative AI" or "AI"). Please see Section 10 below for more information.

10. 1.10

    CONTENT, OUTPUT, DATA, RECOMMENDATIONS, AND OTHER MATERIAL GENERATED OR PROVIDED BY AI ("OUTPUTS") CAN BE WRONG OR MISLEADING AND SHOULD BE CHECKED BEFORE BEING RELIED UPON. ALL CONTENT IN THE APP ARE LIFESTYLE RECOMMENDATIONS ONLY AND SHOULD NOT BE RELIED UPON WITHOUT SEPARATELY VERIFYING THEIR ACCURACY.

11. 1.11

    Examples of Outputs include workouts and recipe recommendations provided by the App. INFORMATION REGARDING ALLERGENS AND NUTRITIONAL INFORMATION MAY BE INCORRECT. PLEASE CHECK THAT ANY RECIPES OR WORKOUTS ARE RIGHT FOR YOU BEFORE UNDERTAKING THEM.

12. 1.12

    Outcurve also relies on agentic AI. Please see Section 10 below for more information. An agentic AI means that the AI can take autonomous actions, including changing data, on your behalf within the App, including logging entries, marking plan items as done and generating personalised content for you.

13. 1.13

    YOU SHOULD BACK UP ANY USER CONTENT YOU UPLOAD TO OUTCURVE AND YOU SHOULD NOT RELY ON OUTCURVE AS THE SOLE SOURCE TO ACCESS YOUR USER CONTENT.

14. 1.14

    Outcurve uses certain technology providers who require that we pass terms on to you when you use their technology. Please see Section 8 below for more information on those additional terms.

15. 1.15

    The ways in which you may use Outcurve, and your payment terms related to Outcurve, may also be subject to the terms and conditions of the relevant app store, being Apple (if you download the App through the Apple App Store) or Google (if you download the App through Google Play) (each, the "Platform Provider"). For more information, see the Apple Media Services Terms and Conditions and the Appendix to these Terms (if you downloaded the App via the Apple App Store), or the Google Play Terms of Service (if you downloaded the App via Google Play).

16. 1.16

    If there is a conflict between these Terms and the relevant rules and policies of the Platform Provider, the app store rules and policies will apply. Please see Section 8 below for more information.

1. 2.1

   Outcurve is a lifestyle and wellness app available via the Apple App Store (for iOS devices) or Google Play (for Android devices). In order to use the App, you may need to ensure that the operating system of your device is up to date. [Please see the listing for Outcurve on the Apple App Store (for iOS devices) or Google Play (for Android devices) for the currently supported operating systems and other device requirements.]

2. 2.2

   To use Outcurve, you will need to provide us with certain information and create an Outcurve account (an "Account"). You agree to provide true, accurate, current and complete information about yourself, and to update such information promptly via the App if the information changes. If we need to communicate with you about Outcurve or these Terms, we will do so using the information you provided or updated in accordance with this Section.

3. 2.3

   We use reasonable and industry-standard security measures to protect against unauthorised access to your Account and the data we hold. However, no system is perfectly secure and we cannot guarantee that unauthorised access will never occur.

4. 2.4

   You may not share your Account with any other person and you are responsible for any activity on your Account. Subject to our obligations to maintain security measures, as set out in Section 2.3, you are responsible for maintaining the confidentiality of any authentication credentials associated with your Account and for restricting access to the device(s) on which you use Outcurve.

5. 2.5

   If you become aware of, or reasonably suspect, any unauthorised use of your Account, any unauthorised access to the App, or any other matter affecting the security of your information or Outcurve, please notify us as soon as possible at support@outcurve.ai or via Whatsapp +1 650 554 1688.

6. 2.6

   You can close your Account at any time by accessing [the "Settings" section of the App]. See Section 13 for more information on closing your account.

7. 2.7

   Accounts, Subscriptions and Trials (each as defined below) are not transferable and you agree not to sell, transfer or exchange accounts with any other person.

8. 2.8

   We may suspend or terminate your Account or any Subscriptions or Trials in accordance with Section 13.

1. 3.1

   We may update or amend these Terms from time to time, for example to reflect changes in the law, for security reasons or due to a change in how we operate (for example, if we add new products or services or change our pricing model). We will notify you of any changes to these Terms [by email and] by displaying the updated terms when you next access Outcurve. You will have the opportunity to review and accept any updated terms before they take effect. Unless the changes are due to legal or security reasons, we will notify you of the updated terms at least thirty (30) days before they come into effect.

2. 3.2

   We may change the prices of Subscriptions or other Fees, and if so, we will provide you with clear notice of material changes to Subscription pricing or included features and inform you of your rights, including any right to cancel before changes take effect.

3. 3.3

   If you do not agree to the updated terms, you may not be able to continue to use Outcurve and you may close your account (see Section 2.6), and delete the App from your device. If you are paying a Subscription, please see Section 11.4 for information on cancelling your Subscription.

1. 4.1

   We may develop and release updates to Outcurve from time to time, including to:

   1. (a)

      improve performance, security or stability;

   2. (b)

      add, modify or remove features;

   3. (c)

      reflect changes in technology, provider terms, legal requirements or business decisions; or

   4. (d)

      comply with our obligations under applicable law.

2. 4.2

   We may update, change, suspend, or restrict access to Outcurve, or to specific features, functions or content. Where reasonably practicable and where changes are not urgent (for example, for security reasons), we will give you advance notice of significant changes that may affect your use of Outcurve.

3. 4.3

   You are responsible for installing updates to the App. Some features or parts of Outcurve may not be accessible or may not function correctly unless you install the relevant updates. We recommend enabling automatic updates where your device allows this.

1. 5.1

   You must not access or use, or allow or help another person to access or use, Outcurve in any way that:

   1. (a)

      breaches any applicable law or regulation, including any laws or regulations relating to the export of data or software;

   2. (b)

      breaches these Terms or any applicable third-party terms;

   3. (c)

      is fraudulent, harmful, defamatory, obscene, hateful or otherwise offensive;

   4. (d)

      is for clinical purposes or as a substitute for professional medical advice, or in any manner that is overseen by or requires clearance or approval from any applicable regulatory authority;

   5. (e)

      infringes or violates any intellectual property, privacy or other rights of any person; or

   6. (f)

      attempts to circumvent or interfere with the security or integrity of Outcurve or any system or network.

2. 5.2

   You must not (and must not allow or help another person to):

   1. (a)

      rent, lease, lend, sell, sublicense, assign, distribute or otherwise make Outcurve or any part of it available to anyone without our prior written permission;

   2. (b)

      use Outcurve for any commercial purpose, including to develop any product or service that is similar to or competes with Outcurve, or to develop or train any artificial intelligence or to resell Outcurve;

   3. (c)

      crawl, scrape or otherwise take, or facilitate the scraping or taking of, any element of the content provided on Outcurve or otherwise use Outcurve to collect data for purposes inconsistent with these Terms;

   4. (d)

      access Outcurve via a bot, spider or other automated means;

   5. (e)

      copy Outcurve or any part of it other than as reasonably necessary for its normal operation or for back-up purposes;

   6. (f)

      modify, adapt, translate, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App or any part of it, except to the extent that applicable law permits you to do so and only where such rights cannot be excluded by contract;

   7. (g)

      circumvent or attempt to circumvent any technical protection measures or security features of the App;

   8. (h)

      introduce or attempt to introduce any virus, malware, worm, Trojan horse, or other harmful or malicious code or material into Outcurve or use Outcurve in any manner that could damage, disable, overburden, or impair Outcurve or interfere with any other person’s use of Outcurve; or

   9. (i)

      combine or merge the App or any part of it with any other software, except as expressly permitted by us in writing.

3. 5.3

   You are responsible for ensuring that your use of Outcurve is lawful in the country where you are located.

4. 5.4

   We may monitor usage of Outcurve for security, performance, abuse-prevention and product-improvement purposes.

1. 6.1

   Subject to your compliance with these Terms, we grant you a personal, non-transferable, non-exclusive, revocable licence to: (a) download, access and use the App on devices that you own or control, and (b) access and use the content and services provided on the App, solely for your personal and non-commercial use and for the purposes described in these Terms. Health Cloud reserves all other rights in and to Outcurve (other than your own User Content, as defined below).

2. 6.2

   You acknowledge that all intellectual property rights in and to Outcurve, including the underlying software, any related documentation, and any content and services (other than your own User Content, as defined below) throughout the world belong to us or our licensors. You have no rights in or to Outcurve other than the right to use them in accordance with these Terms.

1. 7.1

   "User Content" means any information, data or content that you submit, upload, transmit, record or otherwise make available through Outcurve, including:

   1. (a)

      entries you log (for example meals, workouts, sleep, mood, cycle events, supplements);

   2. (b)

      free-text or voice messages you send to the AI coach;

   3. (c)

      images and documents you upload (for example meal photos, lab reports);

   4. (d)

      preferences or profile details you provide; and

   5. (e)

      any other content you provide within Outcurve.

2. 7.2

   With respect to User Content, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable licence to use, reproduce, host, store, modify, adapt, translate, analyse, process, create derivative works from, distribute and otherwise exploit the User Content, for the following purposes:

   1. (a)

      to provide, operate, maintain and improve Outcurve and our related services to you and to other users, including to deliver personalised experiences to you within Outcurve;

   2. (b)

      for technical support, security, troubleshooting and incident response;

   3. (c)

      to improve and develop our products and services, including evaluation of feature usage and performance, the training, fine-tuning, improvement and evaluation of AI models, and for research purposes (such as in relation to safety research); and

   4. (d)

      for any other purposes set out in our Privacy Policy and any supplemental privacy notices that apply to particular features.

3. 7.3

   You must ensure that you have all necessary rights, licences and consents to submit the User Content to Outcurve and to grant the licence in this section, and that our use of User Content in accordance with these Terms will not infringe any rights of any third party or breach any applicable law.

1. 8.1

   We license use of Outcurve to you on the basis of these Terms and subject to any rules or policies applied by any Platform Provider from whose app store the App has been downloaded. For more information, see the Apple Media Services Terms and Conditions and the Appendix to these Terms (if you downloaded the App via the Apple App Store), or the Google Play Terms of Service (if you downloaded the App via Google Play).

2. 8.2

   If there is a conflict between these Terms and the relevant rules and policies of the Platform Provider, the app store rules and policies will apply.

3. 8.3

   Outcurve may contain or rely on third-party software or services, including open-source components. To the extent required by those licences, their terms may override some provisions of these Terms. This Section 8 sets out additional terms that apply to your use of third-party technology.

4. 8.4

   In addition, where relevant, we may notify you about a separate third-party licence within Outcurve and you agree to comply with the applicable third-party licence terms.

5. 8.5

   Gemini.

6. 8.5.1

   Outcurve uses Google’s Gemini. You agree that in using Outcurve, you will comply with applicable law and regulation, and Gemini’s API terms and Prohibited Use Policy.

7. 8.5.2

   You agree not to:

   1. (a)

      use Outcurve (including any Outputs) to develop a product or service similar to or competing with Gemini;

   2. (b)

      use Outputs from Outcurve to: (i) substitute, replace, or circumvent the use of a Google Model (as defined in Google’s terms), directly or indirectly, or (ii) create or improve models similar to a Google Model;

   3. (c)

      use Outcurve to reverse engineer or extract components from Gemini or any Google software;

   4. (d)

      cache, frame, syndicate, resell, analyze or train any AI on, or otherwise permit AI to learn from the Outputs;

   5. (e)

      copy, store, or implement any click tracking, link-tracking (for links within the Outputs) or other monitoring of the Outputs;

   6. (f)

      use the Outputs to create a database; and

   7. (g)

      access Outcurve or the Outputs by automatic or programmatic means.

1. 9.1

   Outcurve is a lifestyle and wellness app designed to help you track, understand and improve your daily habits.

2. 9.2

   Outcurve is not a medical device and is not designed nor intended to:

   1. (a)

      diagnose, treat, cure or prevent any disease or medical condition;

   2. (b)

      provide medical, clinical, diagnostic or therapeutic advice;

   3. (c)

      replace your doctor, therapist or any other qualified healthcare professional;

   4. (d)

      prescribe medication, supplements or other treatment.

3. 9.3

   Any information provided through Outcurve, including scores, curves, lab result summaries, narratives, recipes, workouts, and guided-audio sessions, are intended for general information purposes only. They are not clinical measurements and must not be relied upon as medical advice.

4. 9.4

   You remain responsible for your own health and for seeking professional medical advice.

5. 9.5

   Outcurve may connect to third-party wearable platforms to use data collected from your wearable devices. This requires certain permissions enabled through your mobile device. If you disable those permissions, functionality of Outcurve may be affected.

1. 10.1

   Outcurve relies on generative AI. AI Outputs can be wrong or misleading. They may:

   1. (a)

      be based on incomplete or incorrect inputs;

   2. (b)

      contain errors, omissions or "hallucinations" (which are where the AI may generate something that is wrong or misleading);

   3. (c)

      fail to account for information that Outcurve does not know about; or

   4. (d)

      misinterpret uploaded documents or images.

2. 10.2

   You must treat all Outputs as estimates or suggestions only.

3. 10.3

   Outcurve also relies on agentic AI. "Agentic AI" means AI that can take autonomous actions on your behalf within the App, including logging entries, marking plan items as done and generating personalised content for you. This means you should be aware of the following:

   1. (a)

      The Agentic AI operates with a degree of autonomy and may take actions within Outcurve without requiring your express approval for each individual action.

   2. (b)

      The Agentic AI may take actions that you did not expressly request or anticipate, based on its interpretation of your inputs, preferences or historical behaviour. Such actions may not always align with your intentions.

   3. (c)

      Where the Agentic AI takes autonomous actions, it may be difficult to attribute responsibility for errors, omissions or unintended consequences arising from those actions. You acknowledge that: (i) we do not warrant or guarantee the accuracy, appropriateness or outcome of any action taken by the Agentic AI; and (ii) you remain responsible for reviewing and, where necessary, correcting any actions taken by the Agentic AI on your behalf.

   4. (d)

      Autonomous actions taken by the Agentic AI may have downstream consequences within Outcurve. An error or inaccuracy in one automated action may cause further errors or inaccuracies within the App. You should therefore let us know about any incorrect actions taken by the Agentic AI.

4. 10.4

   If you have any issues with generated content or any agentic aspects of Outcurve, please contact us at: support@outcurve.ai or via Whatsapp +1 650 554 1688.

1. 11.1

   Outcurve has many different features ("Features"), and you may be required to pay fees to access or use certain Features ("Fees"). The Fees may be in the form of a regular subscription (a "Subscription"), or a one-off fee. Fees, Subscription pricing, billing periods (for example monthly or annual) and promotional offers are displayed in the App at the point of purchase. Prices for the same Feature or Subscription may vary, including between regions, platforms, billing periods, promotional periods or user groups (for example, where you redeem a Promo Code (as defined in Section 11.10) or are offered an introductory, promotional or win-back price). The price applicable to you is the price displayed to you at the point of purchase.

2. 11.2

   The Fees listed in the app are inclusive of VAT (if relevant in your jurisdiction).

3. 11.3

   All payments, billing, invoicing, refunds and chargebacks are processed by the relevant app store, being Apple (through the Apple App Store) or Google (through Google Play) (each, the "Platform Provider").

   1. (a)

      When you pay a Fee, you are transacting with the relevant Platform Provider in accordance with that Platform Provider’s terms of service (see Section 8.1 for links to such terms). The Platform Provider acts as the payment processor (and, in certain territories, as the merchant of record) for the transaction.

   2. (b)

      Payment will be charged to the payment method associated with your Apple Account or Google Play account, as applicable, at confirmation of purchase.

4. 11.4

   Subscriptions purchased through app stores will auto-renew at the end of each billing period (for example, monthly or annually) unless you cancel. To manage, change or cancel your Subscription, you can use the account-management tools provided by the relevant app store (for example, iTunes Account subscription settings or Google Play subscription settings). We cannot cancel app-store subscriptions on your behalf, but our support team at support@outcurve.ai or via Whatsapp +1 650 554 1688 can guide you through the process. When you cancel a Subscription, it will apply to the next Subscription period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You must cancel your Subscription at least 24 hours before it renews to avoid billing of the Fee for the next Subscription Period. You can check when it renews in your app store subscription settings.

5. 11.5

   From time to time, we might make Features available to you on a limited free, trial or special/promotional pricing basis (a "Trial"). When we do, we will tell you how long the Trial period will last (and if we don’t tell you, it will be no longer than seven (7) days). Trials will convert automatically into full-price Subscriptions, and you will be charged following the end of the Trial, unless you cancel before the end of the Trial period. If you do not want to be charged for a full-price Subscription after the end of the Trial, you must cancel at least 24 hours before the end of the Trial period by using the account-management tools provided by the relevant app store (for example, Apple App Store subscription settings or Google Play subscription settings). We cannot cancel the Trial on your behalf, but our support team at support@outcurve.ai or via Whatsapp +1 650 554 1688 can guide you through the process. If we make a Trial available to you, you are entitled to only one Trial period for that particular Feature, and we reserve the right to determine eligibility for Trials on the basis of any reason.

6. 11.6

   If you sign up to any Features that require the payment of a Fee, you confirm that the billing information provided is complete and accurate, and that you are the account holder or have the authorisation of the account holder to use such billing information. If you do not have authorisation of the account holder, you will be liable to us for any losses that are caused to us as a result.

7. 11.7

   We only provide refunds in limited circumstances. Refund requests are handled by the relevant Platform Provider in accordance with its refund policies which can be accessed via the links set out in Section 8.1. You may be entitled to a refund: (a) if the Platform Provider terms entitle you to a refund (see Section 8.1 for links to the relevant Platform Provider terms); (b) if you cancel a Subscription as a result of rejecting notified changes to Fees or these Terms (see Section 3 for information on changes to these Terms or the Fees); (c) if we decide to discontinue Outcurve or substantially change its nature; or (d) if you have a right to refund under your local law. Unless otherwise required by law, any such refunds will be a proportion of the Fee reflecting the period that Outcurve was available to you prior to the cancellation. You will not be entitled to any refund if you cancel a Subscription for any other reason, or if we suspend or terminate your access to Outcurve due to your actions or omissions (for example, if you breach these Terms). See Section 13 for more information on when we may terminate your access to Outcurve due to your actions or omissions.

8. 11.8

   Nothing in these Terms affects your statutory rights. If you live in the EU or UK, please see Section 15.3.1 for more information on your rights in relation to cancellation during the Cooling-Off Period.

9. 11.9

   We reserve the right to change Subscription prices, tiers, or included Features. We will provide you with advance notice through the app store or Outcurve, and you will have the opportunity to cancel your Subscription before the change takes effect.

10. 11.10

    Promotional and Discount Codes. We may from time to time offer codes that provide a discount on, or another promotional benefit in relation to, certain Fees or Subscriptions (each, a "Promo Code"). Promo Codes: (a) must be redeemed in the manner, and by any expiry date, that we specify (including, for purchases made through an app store, through the redemption mechanisms of the relevant Platform Provider); (b) may be subject to additional eligibility criteria and terms presented with the code; (c) are for personal, non-commercial use only, have no cash value, and may not be sold, transferred, copied or exchanged; (d) cannot be combined with other offers, Trials or Promo Codes unless we expressly say otherwise; and (e) may be withdrawn, suspended or modified by us in the case of fraud, abuse or error, or where required for legal or security reasons. Unless stated otherwise, a Promo Code applies only to the Subscription period(s) expressly covered by the offer, and the Subscription will thereafter renew at the then-current standard Fee displayed at the point of purchase, unless you cancel in accordance with Section 11.4.

1. 12.1

   We do not warrant or guarantee that:

   1. (a)

      Outcurve will meet your requirements;

   2. (b)

      Outcurve will always be available, uninterrupted, secure or free from errors, bugs or defects;

   3. (c)

      any information obtained through Outcurve will be accurate, complete or up to date; or

   4. (d)

      Outcurve will achieve any particular result or improvement, including in health, performance, weight, sleep, energy, mood or any other outcome.

2. 12.2

   Except as expressly set out in these Terms, we do not make any specific promises about Outcurve. For example, we do not make any commitments about the content within Outcurve, the specific functions of Outcurve, or its reliability, availability, or ability to meet your needs. This does not affect your statutory rights as a consumer, which cannot be excluded or limited by contract.

3. 12.3

   We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control. This includes events caused by your acts or omissions or failures of telecommunications networks, the internet, hosting providers or AI providers.

1. 13.1

   You may stop using Outcurve and terminate these Terms at any time by: (1) if you have an Account, deleting the Account (see Section 2.6); (2) if you have a Subscription, terminating the Subscription (see Section 11.4); and (3) deleting the App from your device.

2. 13.2

   We may suspend or terminate your access to Outcurve (or particular Features), or terminate these Terms, at any time if:

   1. (a)

      you breach any material term of these Terms and (where the breach is capable of remedy) fail to remedy the breach within a reasonable period after being notified;

   2. (b)

      you use Outcurve in a way that causes or may cause damage to us or to other users, including if you are causing a security threat to Outcurve or Outcurve’s partners or customers;

   3. (c)

      we are required to do so by law or by a regulatory authority; or

   4. (d)

      we decide to discontinue Outcurve or substantially change its nature (in which case we will give you reasonable advance notice where practicable, and you may be entitled to a refund of Fees (see Section 11.7 for more information on refunds)).

3. 13.3

   Upon termination of these Terms for any reason, the licence granted to you in Section 6.1 will end, and you must stop using Outcurve and delete all copies from your devices. Clauses which by their nature should survive termination (including clauses relating to intellectual property, limitation of liability, and governing law) will continue to apply.

1. 14.1

   If you have a complaint about Outcurve or our services, please contact us first at support@outcurve.ai or via Whatsapp +1 650 554 1688. We will try to resolve your complaint promptly and fairly.

2. 14.2

   If you are a consumer in the European Union ("EU"), you may also be able to submit a complaint through the European Commission’s Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

1. 15.1

   The following provisions apply depending on where you live.

1. 16.1

   If any provision of these Terms is found by a court or other competent authority to be invalid, illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

2. 16.2

   Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

3. 16.3

   These Terms constitute the entire agreement between you and us regarding your use of Outcurve and supersedes any prior agreements between you and us on that subject (including any terms related to an alpha, beta or test version of Outcurve which will be deemed terminated when you agree to these Terms).

4. 16.4

   You agree that no joint venture, employment, partnership, or agency relationship exists between you and us as a result of these Terms or your access to and use of Outcurve.

5. 16.5

   No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

6. 16.6

   You may not assign or transfer these Terms or any of your rights or obligations under it without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations under it to any third party, provided that such assignment does not materially reduce your rights under these Terms.

If the App is made available using the iOS operating system or has been downloaded from the Apple, Inc. ("Apple") app store ("Apple App Store") then:

1. (a)

   You and Health Cloud acknowledge and agree that this Agreement is solely between you and Health Cloud, not Apple, and that Apple has no responsibility for the App.

2. (b)

   Your use of the App must comply with the terms of service of the Apple App Store.

3. (c)

   The licence granted to you by Health Cloud under clause 6.1 permits you to use the App on any Apple-branded product that you own or control as permitted by the "Usage Rules" set out in the "Apple Media Services Terms and Conditions".

4. (d)

   Health Cloud is solely responsible for providing any applicable maintenance and support services in relation to the App. You acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App.

5. (e)

   In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Health Cloud as provider of the App.

6. (f)

   You and Health Cloud acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. All such claims are governed solely by this Agreement and any law applicable to Health Cloud as provider of the App.

7. (g)

   You and Health Cloud acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Health Cloud, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

8. (h)

   You must comply with any applicable third-party terms of use when you are using the App.

9. (i)

   You and Health Cloud acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the App, and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App against you as a third party beneficiary thereof.

10. (j)

    You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.