Terms of Service | Health Keeper

1. Introduction and Acceptance

1.1 Agreement to Terms

Welcome to HealthVault ("App", "Application", "Service", "we", "us", or "our"). These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and HealthVault regarding your access to and use of the HealthVault mobile application and related services.

By downloading, installing, accessing, or using the HealthVault application, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Application.

1.2 Eligibility

You must be at least 18 years of age to use this Application. If you are between 13 and 18 years of age, you may only use the Application with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Application, you represent and warrant that you meet these eligibility requirements.

1.3 Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be notified to you through the Application, email, or other reasonable means at least 30 days before the effective date of such changes. Your continued use of the Application after changes become effective constitutes acceptance of the modified Terms.

2. User Account Registration and Responsibilities

2.1 Account Creation

To access certain features of the Application, you may be required to create an account. When creating an account, you must:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized access or security breach

2.2 Account Security

You are solely responsible for:

Maintaining the confidentiality of your password and account
All activities that occur under your account
Any consequences of unauthorized use of your account
Notifying us immediately of any security breach or unauthorized use

2.3 Account Termination by User

You may terminate your account at any time by using the account deletion feature within the Application or contacting our support team. Upon termination, your access to the Application will cease, and your data will be handled according to our Privacy Policy.

3. Acceptable Use Policies

3.1 Permitted Use

You may use the Application solely for:

Personal, non-commercial health record management
Storing and organizing your personal health information
Tracking your health metrics and medical history
Managing appointments and medications
Creating backups of your health data

3.2 Prohibited Activities

You agree NOT to:

a) Legal Violations:

Violate any applicable local, state, national, or international law
Infringe upon intellectual property rights of others
Engage in any fraudulent, deceptive, or misleading conduct

b) System Interference:

Attempt to gain unauthorized access to the Application or related systems
Introduce viruses, malware, or any harmful code
Interfere with or disrupt the Application's functionality
Attempt to reverse engineer, decompile, or disassemble the Application
Use automated systems (bots, scrapers) without authorization

c) Misuse of Information:

Store false, misleading, or fraudulent health information
Use the Application to store another person's health data without authorization
Share or distribute health information in violation of privacy laws
Use the Application for commercial purposes without authorization

3.3 Consequences of Violation

Violation of these acceptable use policies may result in:

Immediate suspension or termination of your account
Removal of violating content
Legal action and cooperation with law enforcement
Liability for damages caused by your violations

4. Intellectual Property Rights

4.1 Ownership of Application

The Application, including all software, code, design, graphics, text, logos, and other content (excluding user-generated content), is owned by HealthVault and protected by:

Copyright laws
Trademark laws
Patent laws
Trade secret laws
Other intellectual property rights

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the Application on your personal device(s)
Use the Application for personal, non-commercial purposes
Access features and functionality as provided

This license does not permit you to:

Modify, adapt, or create derivative works
Distribute, sell, lease, or sublicense the Application
Remove or alter any proprietary notices
Use the Application for commercial purposes

4.3 User Content Ownership

You retain all ownership rights to the health data, records, documents, and other content you upload, create, or store in the Application ("User Content"). By using the Application, you grant us a limited license to:

Store and process User Content to provide the Service
Create backups and perform necessary technical operations
Display User Content to you within the Application

5. Privacy and Data Collection Practices

5.1 Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, you also agree to our Privacy Policy.

5.2 Data You Provide

You may provide various types of data to the Application, including:

Personal identification information
Health and medical records
Vital signs and health metrics
Appointment and medication information
Documents and images

5.3 Your Data Rights

Subject to applicable laws (including GDPR), you have the right to:

Access your personal data
Correct inaccurate data
Request deletion of your data
Export your data
Restrict or object to processing
Withdraw consent

6. Service Limitations and Disclaimers

6.1 Not Medical Advice

IMPORTANT: The Application is a health information management tool and does NOT provide medical advice, diagnosis, or treatment. The Application:

Is NOT a substitute for professional medical advice
Should NOT be used for medical emergencies
Does NOT replace healthcare provider consultations
Does NOT validate the accuracy of health information you enter

6.2 No Healthcare Provider Relationship

Use of this Application does NOT create a doctor-patient or healthcare provider-patient relationship. Always consult qualified healthcare professionals for medical decisions.

6.3 Medical Emergencies

DO NOT use the Application for medical emergencies. In case of emergency:

Call your local emergency number (911 in the US, 112 in the EU)
Contact emergency medical services
Visit the nearest emergency department

6.4 Service Availability

We aim to provide continuous service but do NOT guarantee:

Uninterrupted or error-free operation
Availability at all times
Compatibility with all devices or operating systems
Freedom from bugs or technical issues

6.5 "AS IS" Disclaimer

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
SECURITY OR AVAILABILITY

7. Liability Limitations

7.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTHVAULT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

a) Indirect, Incidental, or Consequential Damages:

Loss of profits, revenue, or business opportunities
Loss of data or information
Business interruption
Personal injury (except where caused by our negligence)
Emotional distress

b) Damages Arising From:

Use or inability to use the Application
Reliance on information in the Application
Unauthorized access to your data
Errors, bugs, or technical failures
Third-party actions or services
Data loss or corruption

c) Total Liability Cap:

Our total aggregate liability for all claims related to the Application shall not exceed the greater of $100 USD or the amount you paid to us (if any) in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless HealthVault, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use or misuse of the Application
Your violation of these Terms
Your violation of any rights of third parties
Your User Content
Your violation of applicable laws or regulations
Unauthorized access to your account due to your failure to maintain security

9. Dispute Resolution Mechanisms

9.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us to attempt informal resolution. We will attempt to resolve the dispute informally within 30 days.

9.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration rather than in court, EXCEPT:

Small claims court matters within jurisdictional limits
Intellectual property disputes
Injunctive or equitable relief matters

9.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to:

Participate in a class action lawsuit
Participate in a class-wide arbitration
Act as a class representative or member

9.4 30-Day Opt-Out Right

You may opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to the address provided in the Contact Information section.

10. Termination Clauses

10.1 Termination by User

You may terminate your account and discontinue use of the Application at any time by:

Using the account deletion feature in Settings
Sending a written termination request to our support team

10.2 Termination by Us

We may suspend or terminate your account and access to the Application immediately, without prior notice or liability, for any reason, including:

Breach of these Terms or policies
Violation of acceptable use policies
Illegal or fraudulent activity
Prolonged inactivity
Security concerns or suspicious activity

10.3 Effect of Termination

Upon termination:

Your right to access and use the Application ceases immediately
All licenses granted under these Terms terminate
Your data will be handled according to our Privacy Policy
You should export your data before termination (if possible)

11. Governing Law and Jurisdiction

11.1 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

11.2 International Users

If you access the Application from outside the United States:

You do so at your own risk
You are responsible for compliance with local laws
We make no representation that the Application is appropriate or available in your location

11.3 GDPR Compliance

For users in the European Economic Area (EEA), United Kingdom, and Switzerland:

We comply with the General Data Protection Regulation (GDPR)
Our Privacy Policy contains specific GDPR provisions
You have rights under GDPR as detailed in our Privacy Policy

11.4 CCPA Compliance

For California residents:

We comply with the California Consumer Privacy Act
Your rights under CCPA are detailed in our Privacy Policy

12. Update Notification Procedures

12.1 Types of Updates

Application Updates:

Feature enhancements
Bug fixes and improvements
Security patches
Interface changes

Terms Updates:

Material changes to these Terms
Policy modifications
New legal requirements

12.2 Notification Methods

We will notify you of updates through one or more of the following methods:

In-app notifications
Email notifications (for material changes)
App store update notifications

12.3 Review and Acceptance

For material changes to Terms:

You will receive notice at least 30 days in advance
Continued use after the effective date constitutes acceptance
You may terminate your account if you disagree with changes

13. Subscription and Payment Terms

13.1 Freemium Model

Health Keeper operates on a freemium model: core features are free, with optional premium features available through paid subscription.

Free Features include:

All health record management (create, edit, delete, view)
Local encrypted data storage (unlimited)
All 20 health tracking modules
Document scanning
Charts and visualizations
Family member and doctor management

Premium Features (require subscription):

Cloud backup to Google Drive (encrypted)
Multi-device sync
Automatic backups
Backup history and versioning

13.2 Subscription Management

Billing Platform: Google Play Billing

All payments processed through Google Play Store
Subject to Google Play Terms of Service
We never see your payment information

How to Subscribe:

Open Health Keeper app
Navigate to Backup & Restore settings
Tap "Enable Cloud Backup"
Choose subscription plan
Complete purchase via Google Play
Premium features activate immediately

How to Cancel:

Open Google Play Store app
Tap Menu > Subscriptions
Select "Health Keeper Premium"
Tap "Cancel Subscription"

13.3 Refunds

Refund Policy: Refunds are governed by Google Play refund policy and must be requested through Google Play Support. We cannot issue refunds directly as we do not have access to billing information.

For complete subscription terms, pricing, and payment details, see our Privacy Policy Section 13.

14. Third-Party Integrations

14.1 Third-Party Services

The Application integrates with the following third-party services:

Google Services:

Google Sign-In (authentication for cloud backup)
Google Drive API (encrypted backup storage)
Google ML Kit Document Scanner (on-device document scanning)
Firebase Analytics (privacy-preserving usage analytics)
Firebase Crashlytics (crash reporting)
Firebase Remote Config (feature flags)
Google Play Services (in-app updates, reviews)

Subscription Management:

RevenueCat (subscription validation and management)
Google Play Billing (payment processing)

14.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and conditions, privacy policies, and acceptable use policies. We are not responsible for third-party terms or their enforcement.

14.3 Data Sharing with Third Parties

When you use our services, data is shared with third parties as follows:

Google Services: Encrypted backup files (only if you enable cloud backup), anonymous analytics (no health data), anonymous crash reports (no PII)
RevenueCat: Subscription status and transaction metadata, Google account email (for cross-device sync) - NO health data or medical records

Important: NO third party has access to your health records. Health data is stored locally (encrypted) or in encrypted Google Drive backups. Only you can decrypt your health data. We cannot access your health data, even in backups.

15. Force Majeure

15.1 Force Majeure Events

We shall not be liable for any failure to perform our obligations under these Terms if such failure results from events beyond our reasonable control, including but not limited to:

Natural Disasters: Earthquakes, floods, hurricanes, fires, storms
Human Actions: War, terrorism, civil unrest, government actions, labor disputes
Technical Issues: Power outages, internet failures, cyber attacks, third-party infrastructure failures
Public Health: Pandemics, epidemics, government-mandated closures

15.2 Extended Force Majeure

If a force majeure event continues for more than 90 consecutive days, either party may terminate this Agreement without liability for non-performance during the event.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us in the Application, constitute the entire agreement between you and Health Keeper concerning the Application.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall remain in full force and effect.

16.3 Assignment

You may not assign, transfer, or delegate these Terms without our prior written consent. We may assign these Terms without restriction.

16.4 Electronic Communications

You consent to receive communications from us electronically, including agreements, notices, disclosures, updates, and marketing communications (if opted in).

16.5 Relationship of Parties

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Health Keeper.

17. Children's Privacy

17.1 Age Restrictions

The Application is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13.

17.2 Parental Consent

If you are between 13 and 18 years old:

You must have parental or guardian consent to use the Application
Your parent or guardian must agree to these Terms
We may require verification of parental consent

17.3 Discovery of Child Information

If we discover that we have collected personal information from a child under 13 without parental consent, we will delete that information as quickly as possible and terminate the associated account.