Terms of Use

Last Updated: April 2, 2024

Thumos Care, Inc. ("Thumos," "we," or "us") owns and operates the Thumos Care application (the "App"). Your access and use of the App, any part thereof, or anything associated therewith, including its content ("Content"), any products or services provided through the App or otherwise by Thumos, and any affiliated website, software or application owned or operated by Thumos (collectively, including the App and the Content, the "Service") are governed by these Terms of Service ("Terms of Service" or "Agreement").

Acceptance of Terms of Service

Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not access or use the Service. In this Agreement, the terms "you" and "yours" refer to the person using the Service.

Medical Disclaimer

Important Notice

The Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or received through the Service.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call emergency services immediately. Thumos does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned through the Service. Reliance on any information provided by Thumos, its employees, others appearing through the Service at the invitation of Thumos, or other visitors to the Service is solely at your own risk.

Account Registration

To use certain features of the Service, you may be required to register for an account. When you register for an account, you agree to:

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

User Conduct

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Upload or transmit viruses or malicious code
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt the Service or servers
  • Collect or store personal data about other users
  • Use the Service for any commercial purpose without our consent

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Thumos Care, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Thumos Care, Inc.

User Content

You retain ownership of any health data and other content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited license to use, store, and process your User Content solely for the purpose of providing the Service to you.

You represent and warrant that you have all necessary rights to your User Content and that your User Content does not violate any third party's rights or any applicable laws.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Thumos Care, Inc., its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Thumos Care, Inc. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement. Upon termination, your right to use the Service will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Delaware.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have any questions about this Agreement or the Service, please contact us at support@thumoscare.com