Date of last revision: March 25, 2022
Thank you for your interest in the Health ID service, available via mobile application (the “Service”) provided to you (“you”) by AllClear ID Health, Inc. ("AllClear,” “us,” or “we”) and to which these Terms & Conditions (the “Agreement” or the “Terms”) apply.
AllClear agrees to provide certain health information to you and/or to help provide you with access to your healthcare information. We provide the Service to:
- Assist your doctors, providers, and pharmacies with having up to date, accurate information about you and your medical history so that they can provide you with appropriate clinical diagnoses and treatment. AllClear does not provide healthcare or clinical services, and is not responsible any such providers’ acts, omissions, or for any content of the communications made by them. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trademark, service mark, company name or otherwise, does not constitute or imply the endorsement or recommendation of AllClear.
- Improve access to health care as new trials, treatments, medications, and care facilities become available.
- Alert You to potential savings on prescriptions, medical tests, and treatments.
- Expand medical research using the anonymized data of You and other AllClear ID Health, Inc. users.
- Provide You with information regarding health services available nearby.
BY CLICKING “I HAVE READ AND AGREE” OR BY ACCESSING OR USING THE SERVICE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION, INDEMNITY AND LIMITATION ON LIABILITY PROVISIONS BELOW. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE, AND PLEASE EXIT THE SERVICE NOW.
ALLCLEAR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY NOTIFYING YOU VIA THE SERVICE, POSTING A NOTICE ON ITS WEBSITE OR APPLICATION STORE, OR BY SENDING YOU A NOTICE VIA EMAIL. YOUR USE OF THE SERVICE FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
The Service is owned by AllClear ID, and its subsidiaries or affiliates involved in providing and supporting the Service. Please read these terms and conditions carefully before using the Service. If you are accepting these terms and conditions for another person, such as an incapacitated adult or child for whom you are the parent or guardian, you agree to these terms and conditions on behalf of that person, and all references to “You” refer to that person.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. You understand that AllClear may use your anonymized health information for medical research purposes. AllClear has the right to accept or reject any applicant for its Services, in its sole and complete discretion.
Access to the Service
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SERVICE. AllClear does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Service. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. In addition, if you are under the age of 18, you must have the permission of an adult to use the Service and agree to the Terms. In the event that we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us at legal@AllClearID.com.
License to Use the Service
The Service is licensed, not sold, to you for use only under the terms of this Agreement. AllClear reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, AllClear hereby grants you a personal, limited, revocable, non-transferable, non-sublicensable license to use the Service for consumer purposes.
You acknowledge and agree that we may, from time to time, modify, discontinue, update and otherwise change the Service without notice to you, and that your right to use the Service will be limited to the then-current version of the Service that is offered by AllClear. In addition, we may suspend your access to the Service at any time for any reason or no reason. Termination of your right to use the Service will include the deletion of information in your user account such as your email address and password.
Permitted and Prohibited Uses
By using the Service, you agree to provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AllClear of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. AllClear shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.
By using the Service, you agree not to (i) modify, prepare derivative works of, decompile or reverse engineer the Service (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation); (ii) use the Service in a way that abuses or disrupts our networks, user accounts, or the Service; (iii) transmit any harassing, indecent, obscene, fraudulent, or unlawful material through the Service; (iv) market, or resell the Service to any third party; (v) use the Service in violation of applicable laws, regulations, or ordinances, including any laws regarding the export of data or software; (vi) use the Service to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; (viii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; or (ix) transmit any material that infringes or otherwise violates the intellectual property, privacy, or other rights of third parties through the Service.
You acknowledge that we or our licensors retain all proprietary right, title and interest in the Service, our name, logo or other marks (together, the “AllClear ID Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the AllClear ID Marks or is similar to any of these.
All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials is allowed without express written permission of AllClear.
Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by AllClear, or for licensed content, the content providers.
None of the names, trademarks, service marks and logos of AllClear appearing on the Service may be used in any advertising or publicity, or otherwise to indicate AllClear’s sponsorship of or affiliation with any product or service without express written permission of AllClear. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of AllClear or the third party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.
The Service may enable you to provide information, text, links, graphics, photos, videos, or other materials (“Your Content”). We take no responsibility for, and we do not expressly or implicitly endorse any of, Your Content. By submitting Your Content to the Service, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You retain any ownership rights you have in Your Content, but you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, distribute, perform, and display Your Content and any name, username, or likeness provided in connection with Your Content to enable your use of the Service. This license includes the right for us to make Your Content available to other companies or organizations who partner with us to enable your use of the Service. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Although we have no obligation to screen, edit or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms or if you otherwise create liability for us.
If you use the Service to enter and maintain your personal information, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information may be accessible to others. By providing your phone number to AllClear, you expressly consent to AllClear calling or texting you at this phone number - in person or through an automated system.
If and to the extent you provide any comments, suggestions, ideas, enhancement requests, recommendations or other feedback in connection with the Service (collectively, “Feedback”), you hereby grant us a royalty-free, irrevocable, perpetual, transferrable, sublicensable license to use and incorporate such Feedback into the Service and to otherwise use such Feedback for any other reason as we see fit without consent, obligation, or compensation to you.
DISCLAIMER OF WARRANTIES
BY USING THE SERVICE, YOU AGREE AND REPRESENT TO ALLCLEAR THAT YOU HAVE THE POWER AND LEGAL AUTHORITY TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF YOURSELF OR AS A LEGAL GUARDIAN OF SOMEONE ELSE, AND THAT YOU OWN ALL OF THE LEGAL RIGHTS TO THE INFORMATION YOU PROVIDE AND GRANT THE RIGHTS AND LICENSES GRANTED HEREIN; AND ALL INFORMATION THAT YOU PROVIDE TO ALLCLEAR OR ITS EMPLOYEES AND/OR AFFILIATES IS ACCURATE, COMPLETE, AND TRUE WHEN PROVIDED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ALLCLEAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALLCLEAR ID MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ALLCLEAR, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. FEATURES AND SPECIFICATIONS OF PRODUCTS OR SERVICES DESCRIBED OR DEPICTED AS PART OF THE SERVICE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
YOU AGREE THAT ALLCLEAR ID SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF DATA, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ALLCLEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ALLCLEAR’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED $100.
You agree to indemnify and hold harmless AllClear, its affiliates, and its and their respective officers, directors, employees, and agents from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, your misrepresentation, gross negligence, or willful misconduct in violation of any provisions of this Agreement, or any other claim related to your use of the Service.
As a user of the Service, you are entitled to the AllClear Security Guarantee to provide identity repair services in the event of identity theft. The Security Guarantee is not an insurance policy, and AllClear will not make payments or reimbursements to you for any financial loss, liabilities or expenses you incur. The Security Guarantee is available to you while you are enrolled in the Service. Fraud events that were discovered prior to your enrollment in the Service are not covered by the Security Guarantee. Security Guarantee coverage does not apply to any expense, damage or loss due to: Any transactions on your financial accounts made by authorized users, even if acting without your knowledge, or any act of theft, deceit, collusion, dishonesty or criminal act by you or any person acting in concert with you, or by any of your authorized representatives, whether acting alone or in collusion with you or others (collectively, your “Misrepresentation”).
AllClear will not pay or be obligated to pay for any costs or expenses other than as described herein, including the fees of any service providers not retained by us. We reserve the right to investigate any asserted claim to determine its validity. AllClear is not a credit repair organization, is not a credit counseling service, and does not promise to help you improve your credit history or rating beyond resolving incidents of fraud. All recipients of the Security Guarantee are expected to always protect their personal information in a reasonable way. Accordingly, recipients will not deliberately or recklessly disclose or publish their Social Security number or any other personal information to those who would reasonably be expected to improperly use or disclose that personal information.
Governing Law and Jurisdiction
The Service is offered solely in the United States and may be accessed solely from the United States. You agree that these Terms are governed by the laws of the State of Texas, and you and AllClear each submit to the exclusive jurisdiction of the state and federal courts located in Austin, Texas for any dispute arising out of, or related to, this Agreement or the Service.
Waiver of Class Action Claims; Waiver of Jury Trial
YOU AND ALLCLEAR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ALLCLEAR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
Compliance with Laws
You may not use or otherwise export the Service except as authorized by United States (“U.S.”) law and the laws of the jurisdiction in which the Service are hosted or where you use the Service. In particular, but without limitation, the Service may not be (i) exported or re-exported into any countries that are subject to U.S. economic sanctions or (ii) provided to or used by anyone on the U.S. Department of the Treasury's lists of Foreign Sanctions Evaders or Specially Designated Nationals or the U.S. Department of Commerce Denied Persons, Unverified, or Entity lists. By using the Service, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Service, or provide access to or use of the Service to anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and access Your Content.
APPLE DEVICE AND APPLICATION TERMS
In the event you are using the Service as made available through the Apple App Store in connection with a device manufactured by Apple, Inc. ("Apple"), the following shall apply:
- Both you and AllClear acknowledge that this Agreement is concluded between you and AllClear only, and not with Apple, and that Apple is not responsible for the Service;
- You will only use the Service in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service;
- In the event of any failure of the Service to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Service;
- You acknowledge and agree that AllClear, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Service;
- You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, AllClear, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and AllClear acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and AllClear acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
In the event you are using the Service as made available through the Google Play Store in connection with an Android-powered device:
- You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).
- Your use of the Service must comply with Google’s then-current Android Market Terms of Service.
- Google is only a provider of the Android Market where you obtained the Service. We, and not Google, are solely responsible for the Service. Google has no obligation or liability to you with respect to the Service or these Terms.
- You acknowledge and agree that Google is a third party beneficiary to the Terms as they relate to the Service.
GENERAL LEGAL TERMS
RIGHT TO CHANGE TERMS AND CONDITIONS
AllClear may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Service or our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by this Agreement as amended.
If You have any questions about this Agreement or otherwise need to contact us for any reason, You can reach us at 9600 Escarpment Blvd., Suite 745, #225, Austin, TX 78749 or at Legal@AllClearid.com.