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Terms of Service
VERSION: 2.0
EFFECTIVE DATE: November 18 2024
Evvy
169 Madison Ave #2064
New York, NY 10016
Allora Health Inc. d/b/a Evvy (“Evvy”) provides a platform and services to empower women and people with vaginas with information and resources for personal wellness and care. Our services include access to the Evvy website and personal testing services, including the collection and analysis of biological samples. Evvy is not intended for emergencies or mental health crisis situations. If you are experiencing an emergency should dial 911 immediately and notify and relevant authorities. For mental health crisis situations, dial 988.
Using the sample collection kits (“Kits”), our customers collect biological samples (a “Sample” or “Samples”) and submit them to Evvy and its partners for testing and analysis. These Samples are subjected to a testing process that generates sample data ("Sample Data"). Sample Data together with customer-provided information are analyzed using Evvy’s proprietary technology to generate your unique test results (“Test Results”) that Evvy will use to send you personalized recommendations to optimize your health via the Evvy website located at www.evvy.com, the web application at my.evvy.com, email, and other methods.
Evvy does not provide clinical services or lab review services. Clinical services and lab review services are provided by Wheel Medical, P.A. and its affiliated clinicians (“Wheel Provider Group”), an independent entity not affiliated with Evvy. By requesting clinical services and lab review services, you agree that your relationship to Wheel Provider Group is independent and is governed by Wheel Provider Group’s Terms of Use.You understand that when you pay up-front for a test or prescription, you will be required to accept certain consents and provide certain information upon receipt of the test or prescription order for Wheel Provider Group [and/or Evvy Provider Group] to conduct a visit. If you do not accept such consents or provide such information, you will not be eligible to receive services from Wheel Health Group. If you request clinical services and lab review services from Wheel Provider Group and an affiliated clinician writes a prescription, the prescription must be filled by one of Evvy’s compounding pharmacy partners due to the unique components of the prescribed medications. You are not required to request clinical services or lab review services through Evvy or from Wheel Provider Group. If you would prefer to have your primary care provider provide clinical services and lab review services, please share your test results and personalized recommendations with your primary care provider.
EVVY CONTRACTS WITH AN INDEPENDENT CLINICAL LABORATORY TO PERFORM TESTING SERVICES AND AN INDEPENDENT HEALTH CARE PROVIDER GROUP TO PROVIDE CLINICAL SERVICES. EVVY IS NOT A HEALTH CARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE OR CLAIM TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR ILLNESS.
THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAMINATION OR ANY PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, OR HEALTH COUNSELING FOR ITS USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTHCARE PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR TREATMENT OF WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND ITS INFORMATION.
ANY INFORMATION CONTAINED HEREIN, OR ON EVVY SERVICES IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENT OR MEDICATION.
Customers will be required to create an account on Evvy web application (“Evvy Account” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Evvy and view the results and recommendations sent by Evvy.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
IMPORTANT: Sections 35 and 36 of these Terms contain a mandatory arbitration provision and other dispute resolution agreements that require the use of arbitration on an individual basis and limits the remedies available to you and Evvy in the event of certain disputes. That means that you and Evvy are each giving up rights to sue each other in court or in class actions of any kind.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on Evvy's liability are explained in Sections 32 and 33.
For Refer-A-Friend Terms of Use, click here.
1. Acceptance of Terms of Service
These Terms of Service (“Terms”) govern your (“you” “customer” or “user”) access to and use of our products, programs, microbiome testing service, website, data analysis, Kits, collection and analysis of biological Samples (collectively, the “Service”) provided by Allora Health, Inc. d/b/a Evvy (“Evvy,” “we”, or “us”).
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Evvy separately, if any, on other matters.
By using the Service, accessing any content made available through the Service, or clicking to accept or agree to these Terms, where this option is made available to you for any Service, you agree to be bound by these Terms.
If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Evvy, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s) therewith immediately and without further notice.
2. Order of Precedence
Please note that some features of the Service may be provided under additional or separate legal agreements or consents between Evvy and you. If that is the case, when you first participate in or use such features, you will be provided an opportunity to review and agree to the terms that govern such Service features. If there is a conflict between these Terms and legal terms applicable to a particular Service feature the terms in such agreements will take precedence over these Terms with respect only to those specific Service features. These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Evvy separately, if any, on other matters.
3. Revisions and Updates
Evvy reserves the right to change, revise, update, or modify these Terms or any notices, policies, or guidelines incorporated herein at any time and in its sole discretion. Any changes or modifications will be effective as of the date stated at the top of these Terms immediately upon posting of the revisions on the Service. Your continued use of the Service following the posting of such changed or modified Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and any applicable policies to understand the most current terms and conditions that apply to your use of the Service.
4. Privacy Policy
Please review the Evvy Privacy Policy, which describes in detail on how Evvy collects, uses, stores, maintains, processes, discloses, and protects your information when using our Service.
5. Ownership of Service and Materials
The Service and all designs, text, graphics, pictures, images, content, videos, packaging, formulas, ingredients, technology, know-how, information, data, recommendations, results, and software (including Software as defined below) contained in or comprising of the Service, except for the User Content as defined below (collectively, the “Materials”), are the exclusive property of Evvy or Evvy’s licensors and are protected by U.S., Canadian and international copyright, trademark, trade secrets, patent, and other intellectual property laws. The Materials are provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of the Materials and for your use of the Materials.
6. Software and Mobile Applications
Your rights in use of any software including any mobile applications (“Software”) that is not accompanied by a separate license agreement are governed by and subjected to the license granted in these Terms. As further set out in Section 14 of these Terms, you may not copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless otherwise specifically agreed to in writing between you and Evvy. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Evvy for use in accessing the Service. Any rights not expressly granted herein are reserved.
All Evvy Software used in the Service are licensed, not sold, to you, and Evvy and its licensors retain ownership of all copies of the Evvy Software even after installation on your personal computers, mobile devices, tablets, and/or other applicable devices. Third party software (for example, open source software libraries) included in the Evvy Service are licensed to you either under these Terms or under the relevant third-party software library’s license terms as published in the Help About or Settings section of the Software or on our website.
7. Limited License to Use
Subject to your compliance with these Terms, Evvy grants you a limited, non-exclusive, non-transferable revocable license to make personal, non-commercial use of the Service and the Materials. This license shall remain in effect until and unless terminated by you or Evvy. You represent and agree that you are using the Service for your own personal, non-commercial purpose, and that you will not redistribute, resell, or transfer the Service or the Materials. For greater certainty, Evvy, in its sole discretion, may terminate or suspend your license to use some or all the Service or Materials at any time, for any reason or no reason, with or without notice to you, and without any liability to you or any other person. If Evvy terminates or suspends your license to use the some or all the Service or Materials, these Terms will nevertheless continue to apply in respect of your use of the Service and Materials prior to such termination or suspension.
8. Non-Commercial Use
These Terms permit you to use the Service for your personal use only, and not for any commercial purpose. Any attempt to use the Service or the Kits for non-personal or commercial purposes in violation of these Terms (including reselling, distributing, sharing, and transferring to third parties for consideration) without the written authorization of Evvy will have the effect of rendering the above license invalid. Evvy reserves the discretion to refuse Registration (described below) of any Kits obtained in violation of these Terms.
9. Conditions of Use
In order to use the Service, you must (a) be at least 18 years old; (b) be a person not barred from receiving the Service under the laws of the country of residence from which you use the Service; or (c) if you are below the legal age of majority in your jurisdiction, only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms and who has submitted to Evvy the proper parental/guardian consent forms. The Service are not intended for or offered to individuals under the age of 18 in any jurisdiction, even with parental/guardian consent.
10. Registration
Customers will be required to create an account on Evvy web application (“Evvy Account” or “Account”) and will be asked to complete an initial questionnaire in full in order to start the Sample testing process by Evvy and view the results and recommendations sent by Evvy.
When you create an Evvy Account, you are required to provide certain information about yourself and about purchasing the Service (e.g. name, email, address, Test ID, password, birthdate, and payment information).
You must (a) provide accurate and complete registration information, and (b) update such information from time to time using your Account as necessary to keep your registration information current and accurate. By establishing an Evvy Account, you represent and warrant that you have the right to, and are authorized to, provide the information you provide for yourself or those for whom you have legal authority to agree, when you create an Evvy Account. Evvy recommends that you use a strong password, that you change it frequently, and that you do not reuse passwords. You agree not to disclose your username or password to any third party. Evvy may reject, or require that you change your password. You are responsible for maintaining the accuracy and confidentiality of your Account information and password and for restricting access to such information and to your computer or device.
You further agree abide by all applicable local, state, provincial, territorial, national and foreign laws, treaties and regulations in connection with use of the Service, including those related to data privacy, international communications and the transmission of technical or personal information. You agree to immediately notify Evvy of any unauthorized access or use of your password or Account or any other breach of security. All activities that occur under your Account, including all shipments of Kits and use of Service, will be your responsibility. You agree that Evvy will not be liable for any mis-shipments, loss or damage arising from your failure to comply with this Section.
11. Geographic Restrictions
Due to limitations imposed by law in certain locations, use of our Service or certain features, add-ons, and specific components of Service may not be available to residents of certain states, provinces and territories within the United States and Canada and in some international locations.
Evvy does not warrant or guarantee that the Service or the Materials is or will be accessible and/or legally permissible outside of the United States or Canada.
12. Charges and Billing
When you purchase any Service offered by Evvy, you authorize us to charge your credit card or other payment method you have chosen (“Payment Method”) for all fees applicable to your purchase of Service including Kits and opt-in services associated with the Service if you ordered them. When you purchase a subscription Service offered by Evvy, you authorize us to charge your Payment Method at the time of purchase, and on a recurring basis while you maintain your subscription. Such charges may be made in advance monthly or in accordance with the subscription frequency associated with your Account. You must provide a valid Payment Method when you order a Kit or otherwise use the Service. You represent and warrant that you are authorized to use such Payment Method, and you agree to pay all fees and charges incurred using that Payment Method by your Account. You agree and authorize us to provide your Payment Method information and related personally identifiable information to our designated third-party service provider(s) including payment processors for their use in charging you for the Service ordered by you. You agree to immediately notify Evvy of any changes to your information, including your billing address or the Payment Method used for payments.
Except as otherwise specified herein, all fees applicable are based on Service subscriptions purchased and not actual usage and payment obligations are non-cancelable and fees paid are non-refundable (except in accordance with Section 28 of these Terms).
If for any reason, Evvy does not receive payment from your Payment Method, (i) you agree to pay all amounts due on your Account upon demand, and (ii) you agree that Evvy may deactivate or suspend your subscription and/or Account and continue to attempt to charge your Payment Method until the payments due are received. Upon receipt of all payments due, your subscription and your Account will be re-activated.
We reserve the right to accept or reject orders for Service for any reason.
You agree that our subscription fees are subject to change, however, we agree that we will notify you before any changes to subscription fees. You also agree that subject to payment of appropriate subscription fees, you are able to change your existing subscription to another subscription. Evvy reserves the right to refuse providing the Service to any customer or potential customer and shall not be required to provide a basis or reason for such a decision.
Your Service subscription will automatically renew until you cancel it or until it is terminated by Evvy. If you want to cancel or pause your subscription, you can do so by sending an email with your name and the email address associated with your Evvy account with subject "Cancel Membership" to: cancel@evvy.com. Evvy reserves the right to request additional information for verification purposes prior to canceling your subscription.
All fees and charges for Service are exclusive of sales tax and other applicable taxes, and you are responsible for payment of any and all applicable taxes (other than taxes on Evvy income). Sales Tax as used herein shall mean any national, state, provincial, territorial and local sales, use, excise, ad valorem, value-added, services, consumption, or other taxes and duties imposed on the Service rendered hereunder that Evvy is permitted to pass on to its customers.
YOU AGREE THAT ANY PAYMENT SUBMITTED BY YOU TO EVVY FOR SERVICES IS SUBMITTED ON BEHALF OF YOURSELF, WITHOUT EXPECTATION OF ANY REIMBURSEMENT BY THIRD-PARTY PAYERS. EVVY DOES NOT UNDERTAKE TO SUBMIT ANY INFORMATION PROVIDED BY YOU FOR REIMBURSEMENT OR PAYMENT FROM PRIVATE INSURANCE CARRIERS, MEDICARE, MEDICAID, OR ANY OTHER THIRD-PARTY PAYERS, AND EVVY EXPRESSLY DISCLAIMERS ANY LIABILITY, EXPENSES OR DAMAGES RELATING TO THE FOREGOING.
13. Evvy Research
“Evvy Research” is a research program overseen by an independent ethics review board and operated by Evvy to make new discoveries about the microbiome. Evvy Research is an opt-in program, meaning that participation is entirely voluntary. Evvy Research may be sponsored by, conducted on behalf of, or in collaboration with third parties.
You are not required to participate in Evvy Research to make use of the Service.
14. Unlawful and Prohibited Use
As a condition for using the Service, you represent and agree not to engage in any of the following activities that are unlawful or prohibited by these Terms:
i) reselling, offering to sell, and commercial (non-personal) use of the Kits, Service or the Materials;
ii) distributing (online or offline) the Kits, or any of the Materials without a separate and validly executed agreement with Evvy;
iii) misrepresenting the identity or create false or deceitful identities of persons and applicable details in order to place orders of Kits or use the Service;
iv) altering, modifying, reproducing, copying or making derivative works from all or any part of the Service or Materials or any part, feature, function or user interface of the Service
v) any use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
vi) downloading (other than page caching) any portion of the Service, the Materials, or any information contained therein, except as expressly permitted;
vii) attempting to gain unauthorized access to Evvy’s servers or computer systems or to engage in any activity that disrupts, damages, disables, diminishes the quality of, interferes with the performance of, or impairs the functionality of, any part of the Service;
viii) collecting or harvesting of any information including, but not limited to, personal information, company and individual names, domain names or account names, from the Service;
ix) using communication systems provided by the Service for any unauthorized commercial solicitation purposes;
x) using any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
xi) misrepresenting your age or the age of majority in your nation of residence in order to obtain an Account or Service;
xii) impersonating, falsifying identity, or misrepresenting your affiliation with Evvy or any other person or entity;
xiii) using the Service or Materials outside of the countries where such use is permitted;
xiv) modifying or disguising the origin of any content transmitted through the Service or Materials in a manner that leads to consumer confusion;
xv) using the content in Service, Materials or their promotional materials for unauthorized advertising, pyramid schemes, or offer to sell or buy any goods or services except as permitted by law;
xvi) unauthorized using or displaying of branded trademarks, trade names, and key words associated with the Service or Materials in online media that amounts to false association and cause consumer confusion;
xvii) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of Evvy or our Service or Materials;
xviii) uploading or transmitting any content that you do not have a legal right to transmit (such as insider information, proprietary and confidential information, personal health information, content that infringes intellectual property rights of a third party, etc.), or any virus, Trojan horse, worm, or other software, script or code, the effect of which is to permit unauthorized access to, or to alter, disable, encrypt, erase, or otherwise harm, any computer, systems, software or data;
xix) reverse engineering the Service, the Software or any other software used to provide them;
xx) probing, scanning, or testing the vulnerability of the Service or any network connected to them, or breach the security or authentication measures on them or on any network connected to them;
xxi) violating these Terms, code of conduct or other guidelines, which may be applicable to a specific area of the Service or have been notified;
xxii) using the Service or the Materials other than for their intended purposes;
xxiii) violating of local, state, national, or international law, or any regulations having the force of law; and
xiv) engaging in any other conduct that violates these Terms or our Privacy Policy.
15. Breach
You represent and agree that you are solely responsible for, and Evvy has no responsibility to you or to any third party for, any breach of your obligations under these Terms and other terms you have agreed to with Evvy and its partners, and you are solely liable for the consequences (including any loss or damage which Evvy and their licensors or third parties may suffer) due to any such breach or violation of these Terms. In case of violation of any one or more of these Terms, or if Evvy has a reasonable ground to suspect that you have violated these Terms, you understand and agree that Evvy has the right to suspend or terminate your Account, refuse any and all current or future access to and use of the Service, and seek injunctive relief, monetary damages, and any other remedies available in law and equity.
16. Modifications, Updates, and Delays
Evvy reserves the right at any time to modify, revise, update, and discontinue the Service (or any part thereof) with or without notice. You acknowledge and agree that modifications or updates may result in delays in computations for some features of Service.
Certain conditions and circumstances associated with the business operations of the Service may result in unexpected delays in shipping Kits or processing, testing, and analysis of the Samples you have returned. Evvy may, but is not obligated to, provide you with specific notice applicable to these delays. While Evvy endeavors to take commercially reasonable steps to minimize such delays, Evvy shall not be liable to you or to any third party for any such delays associated with the Service.
Sometimes, Evvy may not be able to process a Sample or our testing process may result in errors due to several reasons which may include but not be limited to Samples containing insufficient volume or the testing results not meeting our standards for accuracy (“Sample Failure”). This may result in unexpected delays in processing your Sample. On such occasions, Evvy will notify you of the Sample Failure and details applicable to processing a new Sample in place of the failed Sample.
You agree that processing orders from and shipping Kits to certain international locations may take extra time due to additional constraints applicable to payment verifications and restricted timelines given by shipping carriers. You agree that your delay in creating an Evvy Account (on the website or mobile application) and providing answers to the initial questionnaire in full will cause delay in starting the Sample testing process, which in turn cause delay in completing your Test Results and receiving your recommendations.
17. New and Additional Features
You acknowledge that Evvy may, from time to time, offer optional new or additional technologies or features to the Service that may only be available to you with an additional fee, and that you may have to pay additional fees in order to have these features in your Service. Such features will be optional and purchasable at your choice; you will not be charged for these features unless you specifically elect to purchase them.
18. User Content
Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that you have made available to Evvy and other users of the Service. You are solely responsible for all User Content that you choose to post or otherwise transmit to or through the Service.
Evvy has the right to refuse accepting or publishing any User Content. You agree that Evvy, at its sole discretion, has the right (but not the obligation) to screen, reject, retain, or remove any User Content, or any portion thereof, posted using the Service for any reason or no reason, including if it infringes Evvy’s or any third party’s intellectual property or other rights, violates these Terms or our other policies, or is otherwise objectionable. Evvy reserves the right to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental request. Evvy has the right to suspend or terminate the Service at any time without preserving your User Content.
In using the Service, you agree not to post any User Content that (i) is false, deceptive, deceitful, misleading, unauthorized, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, territorial, national or international law; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) contains personal, private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (vi) contains viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; (vii) in the sole judgment of Evvy, may expose Evvy to any harm or liability of any type; (viii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (ix) impersonate or attempt to impersonate Evvy, our employee(s), another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing or that are not yours).
By submitting User Content, you grant Evvy and its affiliates a perpetual, irrevocable, worldwide, royalty-free, freely transferable and sub-licensable (through unlimited levels of sublicense) non-exclusive license and right to use, reproduce, modify, transmit, translate, publish, publicly perform, display, distribute, commercialize, share with third parties, transmit or distribute over public network and media, and create derivative works of such User Content for purposes specified in these Terms and for delivering the Service to you and other users of the Service. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post or you otherwise have the necessary consents, rights, authorizations and approvals to post such User Content and to grant the rights granted herein; (ii) the User Content is accurate and not misleading; (iii) distribution of the User Content you supply in accordance with your direction does not violate these Terms; and (iv) will not violate any rights of or cause injury to any person or entity. You hereby unequivocally waive any moral rights you may have in such User Content under the laws of any jurisdiction.
19. Consent to Receive Emails and Notice
The Service may includes push notifications or other mobile communication capabilities. You hereby approve Evvy’s delivery of electronic communications directly to your mobile device. These notifications may include information regarding your shipments, recent transactions or payment reminders. The notifications may be delivered to your device even when the Service is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device. It is your responsibility to keep your account information secure when using this feature.
By using the Service, you consent to receive emails from Evvy relating to the provision of the Service.
You also may receive marketing, promotional and commercial emails from us where Evvy has consent to do so. Where Evvy has such consent, we may use your information to send you news or product updates. You may “opt out” of receiving marketing or promotional email from Evvy by following “unsubscribe” instructions or using “unsubscribe” links within communications we send. We will endeavor to respond to your opt-out request promptly, but we ask that you please allow us a reasonable time to process your request. Please note that if you opt-out from receiving marketing-related emails, we may still need to send you communications about your use of the Service, such as technical notices, purchase confirmations, important Evvy policies and deadlines applicable to use of Kits and sample returns, or other matters.
20. Samples Collection and Submission
Irrespective of the Service you purchased, or consented to use, the Kits will include detailed instructions on Sample returns and specific timelines applicable to such Sample returns, Kit registration details, and how to use the Kits correctly to collect and return your Samples. The Sample return policy, Sample collection instructions, and any shipping guidelines provided with the Kits are incorporated herein by reference as part of these Terms. You are expected to read and adhere to the terms of these instructions, policies and guidelines.
After you collect your Samples, you agree to return the Samples to Evvy or its partners according to the shipping instructions provided with the Kits, within the designated timelines specified in the Sample return policy, for testing and analysis. You may collect all Samples at home. You agree to read the instructions carefully, use Kits according to the accompanying instructions for each Kit, and to follow good hygiene practices when collecting Samples.
Your Kit must be used, and your Sample be returned to Evvy for processing, within six months of the purchase date. After this time, the kit is deemed to have expired.
You acknowledge and agree that our clinical laboratory partner, and not Evvy, performs the test on your sample. You further acknowledge that, depending on the Service you purchased, our clinical laboratory partner may be required by law to report information about your test results to state or federal agencies responsible for monitoring, preventing, or controlling diseases.
21. Samples and Test Results
Evvy will provide you with Test Results, and personalized recommendations derived from application of Evvy proprietary technology and methodologies in the analysis of your Sample Data and other information such as self-reported information you provided. You may choose to follow these recommendations as little or as much as you wish, or you may choose not to follow these recommendations at all.
Samples are processed by Evvy in an irreversible manner and they cannot be returned to you once submitted for testing and analyzed by Evvy. Further, no refunds will be given for any Kits when the Samples have been sent to Evvy for processing.
22. Ownership; Use of Test Results and Data
By submitting Samples to Evvy, you agree to, and hereby do, transfer and assign to Evvy and its assigns and successors all right, title, and interest in and to the Samples, self-reported information, analysis, Test Results, Sample Data, and other data derived therefrom. If laws in certain jurisdictions limit such transfer and assignment, you agree to grant Evvy an exclusive, worldwide, irrevocable, royalty-free, sublicensable, and perpetual license to use the aforesaid data. You understand and agree that Evvy may use your Samples and any data related thereto or derived therefrom (including, without limitation, your answers to questionnaires submitted by Evvy as part of the Service or information regarding you, your health, lifestyle or medical history submitted by you to Evvy), in accordance with the terms of our Privacy Policy.
23. Waiver of Rights
You understand that you will not receive and you agree to waive any compensation (by way or cash, equity, use rights, or other current or future financial benefit or reward) from Evvy as a result of having your Sample or any data related thereto or derived therefrom analyzed, processed, made the subject of Research, Research Studies, or included in studies with our collaborators, including commercial partners as stated in these Terms. You understand that by providing any Sample, having your Sample processed, accessing your Sample, or providing any self-reported information to Evvy, you acquire no rights in or title to any Research, Research Studies, or commercial products that may be developed by Evvy or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that use, include or result from Samples or any other information you provide to Evvy as part of Research and Research Studies, and you agree to waive any and all rights or claims to them.
24. User Representations
By accessing and using the Service, you agree to, acknowledge, and represent as follows:
a) You understand that Evvy does not provide medical advice through the Service;
b) You understand that the Test Results, insights, recommendations, and information you received or learned from using the Service are not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health or treatment thereof in the absence of specific medical advice and clinical diagnosis;
c) You understand that the Test Results included in any Service, and associated recommendations are intended for research, guidelines, informational, and educational purposes only, and that while this information might point to a possible diagnosis or treatment, it should always be confirmed and supplemented by specific medical and clinical testing results; and
e) You give permission to Evvy, and its successors and assignees, subject to the following representations, to perform the testing services specified herein using the Sample and information provided to Evvy, to use your Test Results for personalizing your recommendations, and to disclose the Test Results and analyses to you.
f) You represent that you are eighteen (18) years of age or older with capacity to enter into binding contracts based on the laws of the country of your residence, or have provided to Evvy the parental/guardian consent forms required for you to use the Service;
g) You represent that any Sample you provide to Evvy is yours, and if you are agreeing to these Terms on behalf of a minor as a parent or legal guardian, or a person for whom you have legal authorization, you are confirming that the Sample provided will be the Sample of that minor or the person;
h) If you are a customer outside the U.S. or Canada providing a Sample, you represent that this act is not subject to any export ban or restriction in the country in which you reside;
i) You represent that any Sample you provide, and all resulting data may be transferred and/or processed outside the country of your residence;
j) You acknowledge and agree that except when applicable law requires, Evvy has no responsibility or liability for the deletion of, erasure, or failure to store any information, communications, resulting data, or content stored or transmitted by the Service;
k) You agree that Evvy has no responsibility or liability for the loss of data due to malfunction or destruction of data servers or other catastrophic events;
l) You take responsibility for all possible consequences resulting from your sharing with others access to or use of your Test Results;
m) You understand that all your personal information will be stored in Evvy cloud-based servers and will be processed in accordance with our Privacy Policy;
n) You understand that by providing any Sample, self-reported information, and having them processed, you acquire no ownership or licensing rights in any research, research studies, or commercial products that may be developed by Evvy or its collaborating partners. You specifically understand that you will not receive any current or future compensation for any research, research studies, or commercial products that include or result from use of your Samples, self-reported information, and Test Results;
o) You agree that you will not send us your Sample if you have a reason to believe you have an active infectious or communicable disease that may endanger Evvy or its partners;
p) You agree that you have the authority, under the laws of the jurisdiction in which you reside, to provide these representations and warranties;
q) In case if you breach any one or more of these representations, Evvy has the right to suspend or terminate your Account and refuse any and all current or future Service.
By using the Kits and accepting these Terms, you also agree to the following:
i) receiving the notice on the risks associated with use of the Kits, and you use them at your own risk;
ii) reading and following the applicable instructions for use of Kits and obtaining Samples exactly as stated in each Kit or a component of a Kit;
iii) receiving the safety precautions included in each Kit or component of a Kit;
v) following the applicable timelines for return of Samples as specified in the Kit and Sample return policy;
vi) acknowledging and agreeing that the form and nature of the Service which Evvy provides may change from time to time without prior notice to you; and
vii) acknowledging that Evvy may change or stop (permanently or temporarily) providing some Service (or any features within the Service) at Evvy’s sole discretion, without prior notice to you.
25. Termination
These Terms will continue to be effective until terminated by either you or Evvy as set out in this section. You may terminate your legal agreement with Evvy, by notifying Evvy at any time in writing, along with a request to close your Account for the Service. Your notice should be sent, in writing, by email addressed to: [support@evvy.com]. Upon receipt of a notice online (by email), Evvy will send you an email asking for confirmation of your request, and your notice will be effective following receipt of a second email from you by Evvy confirming that you are requesting closure of your Account, and Evvy confirming such closure.
Evvy may at any time, terminate its agreement and Accounts with you where: (i) you have breached, or Evvy suspects that you have breached, any of these Terms; (ii) Evvy is required to do so by law; (iii) an Evvy Service partner has terminated its relationship with Evvy or ceased to offer the Service to you; (iv) Evvy is no longer providing the Service to users in your jurisdiction; or (v) provision of Service to you is no longer commercially viable.
You acknowledge and agree that Evvy shall not be liable to you or any third party for its termination of this agreement, your Account, or access to the Service.
When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and Evvy have benefited from, been subject to, or that have accrued over time while these Terms have been in force or that were expressed to continue indefinitely, shall be unaffected by this termination, and shall continue to apply to such rights, obligations, and liabilities indefinitely.
26. Possible Risks and Considerations
By utilizing the Service, you acknowledge and understand the potential risks associated with use of the Service, including use of the Kits and the collection and submission of Samples to Evvy.
Some potential risks associated with using the Kits are as follows:
i) You may feel discomfort or embarrassment when collecting Samples;
ii) You may receive diet, supplements, and recommendations indicating foods or supplements to which you are allergic or sensitive. If you have a known or suspected allergy or sensitivity, you should not follow these recommendations;
iii) A specific health or medical condition(s) you may have may not get better or may get worse and you may develop new conditions;
iv) Some survey questions may make you or your family members uncomfortable;
v) Some of the results and information you receive may generate strong emotions;
vi) You may learn information about yourself that prompts you to consult or follow-up with your care providers. You will be fully responsible for the costs of this follow-up testing, consulting, and any resulting treatment;
viii) You may find out information about yourself that will cause you to worry or become anxious, and you should consult with mental health specialists if these conditions worsen, impair your daily life or result in feelings of depression, anxiety, self-harm or harm to others;
ix) There can be adverse health effects if you fail to follow exactly the instructions given with the Kits for collecting Samples;
x) Evvy will not be responsible for providing any payment or treatment if you have an injury while collecting Samples except where the injury is a direct result of Evvy’s gross negligence or willful misconduct;
x) The recommendations provided to you may or may not be beneficial to you and it may cause or exacerbate certain medical and mental health conditions or symptoms; and
xi) There may be other unknown or additional risks to using the Service that are not foreseeable at present.
27. Warnings & Limitations
By using the Service, you agree to receipt of the following warnings and limitations applicable to Test Kits, and you assume the risks associated with using the Kits not in accordance with these warnings:
i) If you have certain medical conditions or are using certain medications, you agree to use the Kits only after consulting a health care provider;
ii. if you feel unwell, ill, or experience any adverse reactions following the use of the Kits, you agree to seek medical help immediately and discontinue further use of such Kits until after a physician clears them for use again;
iii. In case of misuse, or allergic reactions experienced by you, you agree to seek immediate medical help as necessary;
iv. If you suffer from a congenital or acquired blood-clotting disorder, or take an anticoagulant medication, you agree to use the Kit only after consulting a health care provider;
v. The preservative in the Sample tubes inside the Kits may pose certain health risks and you agree to follow the instructions that accompany each Kit on steps to follow in case of accidents or misuse.
ANY INFORMATION PROVIDED WITH THE KITS IS NOT INTENDED TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN BEFORE STARTING, STOPPING OR MODIFYING ANY PHYSICIAN-PRESCRIBED TREATMENTS OR MEDICATIONS.
28. Returns and Refund Policy
Subject to certain exceptions as specified below, we offer a full refund for the Kits in the amount of the actual purchase price paid to Evvy (“purchase price”) including any shipping and handling cost plus tax, if any, provided that the order is canceled within twenty four (24) hours of the purchase.
If a refund is requested after twenty four (24) hours but within fourteen (14) days of purchase of a Kit, if the Sample is not returned to Evvy, we offer a refund in the amount of the Kit purchase price minus a $25 (USD) processing fee. The shipping and handling cost plus tax (if any and where applicable) are non-refundable.
To request a refund, please send a request to Evvy Customer Service using the information specified below.
Submit online by email to support@evvy.com.
Refund requests received within fourteen (14) days of the purchase date of a Kit will be issued within forty-five (45) days of the date of request.
No refunds will be available on requests received if you have used the Kit or submitted a Sample or after the expiration of fourteen (14) days of the date of purchase of a Kit. Also, no refund will be available if Evvy determines, in its sole discretion, that you have violated any of these Terms.
29. Kit Replacement Policy
Upon a customer’s request, Evvy may ship a replacement Kit due to non-usability, damage, or defect, provided that you have not submitted your Sample using the Kit subject to replacement and that the Kit being replaced is purchased within the last twelve (12) months period (“Kit Replacement Policy”). Evvy will not charge any fees in connection with this replacement if it is determined that the cause for such replacement is attributable solely to Evvy (such as, your Sample fails testing and a new Sample is needed or the Kit is damaged). To make a request for Kit replacement, please contact our Customer Service by using the information specified below.
Submit online by email to support@evvy.com.
30. Trademarks
All Evvy trademarks, service marks, trade names, logos, domain names, and any other features of the Evvy brand are the sole property of Evvy or its licensors. These Terms do not grant you any rights to use any Evvy trademarks or brand features whether for commercial or non-commercial use.
Evvy™, all Evvy associated logos, products and service names together with any other Evvy trade names, service marks, logos, domain names, taglines, and other distinctive brand features are the trademarks or registered trademarks of Allora Health Inc. in the U.S., Canada and internationally. All other trademarks, service marks, and logos used in connection with our Service are the sole properties of their respective owners, and they are being used herein under licenses received by Evvy from their licensors.
Unless you have specifically agreed otherwise in writing with Evvy, other than the limited license specified herein, nothing in these Terms or the Service gives you a right to use any Evvy marks or the third party marks, and you agree not to display or use Evvy marks or the marks of their licensors used in connection with our Service in any manner.
You agree that you shall not remove, obscure, or alter any proprietary rights, marks, attributions, or notices that may be affixed to or contained in the Service.
Unless otherwise expressly authorized in writing, you agree that in using the Service, you will not use any trademark, service mark, trade name, or logo of Evvy or any of its licensors in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
31. Copyright Policy
Evvy respects the intellectual property rights of others and expects users of our Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are provided to us in accordance with applicable law. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send us a notice with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Evvy will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing in connection with the Service is:
SUBMIT VIA EMAIL:
notices@evvy.com
BY MAIL:
Attn: Legal Department (Copyrights)
Allora Health Inc.
169 Madison Ave
#2064
New York, NY 10016
32. Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EVVY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. EVVY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. TO THE EXTENT PERMITTED BY LAW, EVVY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, CONDITION, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SUCH SERVICE. EVVY IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE EVVY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, EVVY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
If the Service contain links to other sites and/or resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Evvy has no control over the contents of those sites or resources, and expressly disclaims and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Links to third party websites or services on the Service does not constitute an endorsement or approval of such websites or services.
In some circumstances, applicable law may not allow for limitations on certain implied warranties. Solely to the extent that such law applies to you, some or all the above disclaimers, exclusions or limitations may not apply to you.
33. Limitation of Liability
IN NO EVENT SHALL EVVY OR ANY OF ITS CORPORATE AFFILIATES, SUCCESSORS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM EVVY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, PUBLIC HEALTH CRISIS, PANDEMIC, LOCKDOWNS, EMERGENCY LAWS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EVVY’S SERVICE OR EVVY’S RECORDS. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EVVY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY FEES YOU PAID TO EVVY. IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EVVY, SUCH AMOUNT SHALL BE ONE HUNDRED DOLLARS ($100). CERTAIN JURISDICTIONS MAY NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SPECIFIED ABOVE, AND THEREFORE, DEPENDING ON YOUR LOCATION, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HI FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HI SETTLEMENT WITH THE DEBTOR.”
YOU AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EVVY AND YOU.
34. Indemnification
In addition to any other indemnification obligations elsewhere in these Terms, you agree to defend, indemnify and hold harmless Evvy, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service, including without limitation any actual or threatened suit, demand, or claim arising out of or relating to the use of Materials, the information supplied by you to Evvy or to you by Evvy, the conduct of your health care provider, your conduct; (ii) your violation of any covenants, representations, warranties or obligations under these Terms; or (iii) your violation of the rights of any third party.
35. Dispute Resolution
Any controversy or claim between the parties or arising out of these Terms or any use of the Service shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The selected arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency, or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such requests. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, videoconference, and other forms of real-time communications. If the arbitrator requires in-person hearings, the hearings shall be held in New York City, New York. The arbitral award will be final and binding and may be entered and enforced in any court of competent jurisdiction. In no event shall any claim, action or proceeding related in any way to the Service be instituted more than two (2) years after the cause of action arose.
36. Waiver of Jury Trials and Class Actions
BY ENTERING INTO THESE TERMS, YOU AND EVVY ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU WILL NOT SEEK TO HAVE ANY SUCH DISPUTE HEARD AS A JURY TRIAL OR A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED PROCEEDINGS. IF THIS CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS.
37. Notices
Evvy notices to you may be made via email or regular mail to the email address or home address then on file. Evvy may also provide notices of changes to these Terms by displaying them on or through the Service. Any notices that you provide to us without compliance with this section on Notices shall have no legal effect. Unless otherwise specifically provided for, any official notices to Evvy related to these Terms must be sent to:
SUBMIT VIA EMAIL:
notices@evvy.com
BY MAIL:
Attn: Legal Department (Notices)
Allora Health Inc.
169 Madison Ave
#2064
New York, NY 10016
38. Applicable Law
These Terms and the resolution of any dispute related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. Subject to Sections 35 and 36, the federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.
39. Severability
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
40. Non-assignment
You may not assign this Agreement without the written consent of Evvy and any attempt to do so shall be null and void.
41. Relationship
You agree that no joint venture, partnership, employment, or agency relationship is created by these Terms between you and Evvy.
42. Waiver
No waiver of any term, provision or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
43. Force Majeure
If the performance of any part of these Terms by Evvy is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, pandemic, public health crisis, judicial or governmental action, emergency, labor disputes, act of God or any other causes beyond the control of either party, Evvy shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
44. Entire Agreement
These Terms constitute the complete and exclusive terms of the agreement between the parties with respect to the use of the Service and any acts or omissions of Evvy, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties with respect to the subject matter thereof.
45. Export Controls
These Terms are expressly made subject to any laws, regulations, orders or other restrictions on export from the United States of America (U.S.) or Canada of the Service or Materials, or any information about any of them, which may be imposed from time to time by the governments of the U.S. or Canada. You shall not export the Service or Materials, or any information about any of them without the prior written consent of Evvy and compliance with such laws, regulations, orders and other restrictions. You represent and warrant that (a) you are not located in a country that is subject to a U.S. or Canadian government embargo, or that has been designated by the U.S. or Canadian government as a “terrorist supporting” country, and (b) you are not listed on any U.S. or Canadian government list of prohibited or restricted parties.
