TERMS AND CONDITIONS FOR THE MySequel APP
Last updated August 31st 2020
1.2. Prior to your first Use of the App (following completion of the installation process) you will need to positively accept these T&Cs according to the instructions given on the App. By doing so, you hereby confirm that you have read, understood and agree to be bound by these T&Cs in their entirety. If you do not agree to the T&Cs in their entirety, you cannot Use the App, and you are required to un-install the App and remove it from your mobile device.
1.3. Further more, by accepting these T&Cs, You hereby waive any rights or requirements under any applicable laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the maximum extent permitted under applicable law.
2. NOTE TO CARE PROVIDERS: IF YOU ARE USING THE SERVICES ON BEHALF OF A HEALTHCARE PROVIDER WHICH IS YOUR EMPLOER AND THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US, THOSE CONTRACTUAL TERMS WILL GOVERN YOUR USE OF THE SERVICES AND SUPERSEDE THESE TERMS AND CONDITIONS IN THE EVENT OF ANY CONFLICT.
3. NOTE TO END-USERS: IF THE SERVICES ARE PROVIDED TO YOU THROUGH A HEALTHCARE PROVIDER THAT HAS ENTERED INTO A CONTRACTUAL RELATIONSHIP WITH US, THOSE CONTRACTUAL TERMS WILL GOVERN THE SERVICES AND SUPERSEDE THESE TERMS and CONDITIONS IN THE EVENT OF ANY CONFLICT. OTHER WISE, THESE TERMS WILL PREVIAL.
THE SERVICES ARE INTENDED FOR USE BY QUALIFIED HEALTHCARE PROFESSIONALS FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT CONSTITUTE MEDICAL ADVICEOR DIAGNOSIS, AND THEY DO NOT SERVE AS A SUBSTITUTE FOR THE PROFESSIONAL ADVICEOF A QUALIFIED HEALTHCARE PROFESSIONAL.
In these T&Cs, the following terms shall have the meaning set forth below, unless the context requires otherwise:
4.1. "Content "means any information for any kind (excluding Care Information) incorporated in the App, including (without limitations) texts, verbal and visual content, articles, publications, legal updates, design, graphic language, videos, materials, data, photos, pictures, drawings, sound files, graphic files, links, computer code, texts and any other information displayed or presented in the App, whether owned by Sequel or by a third party that granted Sequel with a right to use it in the App; including each of the above mentioned items if extracted from the Platform and made available on the App.
4.4. “User” means an End-User, Peer Supporter or Care Provider.
4.5. "Use" means the download and installation of the App, including your access and/or view and/or visit and/or browsing in or to the App for any purpose.
5. The Use of the App
5.1. Limited Purpose for the Use of the App. The App is a mobile application which enables End-Users to manage their Care Plan in collaboration with the Peer Supporter and Care Provider. In particular, the End-User can use the App to:
i) set personal goals, tasks and steps to be taken to achieve those goals;
ii) manage a personal journal to document and monitor his/her progress in the Care Plan and goals which includes a story feature with photos and video and share through e-mail;
iii) communicate with the Care Provider and/or Peer Supporter including: sharing the goals and tasks, receiving instructions from the Care Provider also through SMS; exchanging feedback with the Care Provider and/or Peer Supporter through the chat/video chat function;
iv) The App also enables End-Users to view Care Information (including which was collected or generated on the Platform), which was made available on the App by the Care Provider and/or Peer Supporter.
5.2. Downloading the App.
5.2.1. The App is available at, and may be downloaded by a User from the virtual stores of “Apple” or “Google” (called the “App Store” and “Google Play” respectively).
5.2.2. Minimum requirements for installation and use of the App are listed on Our support page at https://sequel.care/support, as may be updated from time to time.
5.2.3. During your first Use of the App, you are requested to grant the App permission to use camera files and notifications, GPS and motion recording in order for us to be able to provide you with the services via the App. Once you download and install the App, it is recommended to activate automatic updates for the App.
5.2.4. Download of the App from the Virtual Stores is currently free of charge.
5.3. Instructions for Registration.
5.3.2. After the Account is successfully opened, the User will receive a confirmation pin code via SMS for the verification of his/her Account, and will be able to Use the App.
5.3.3. An End-User will only be able to enter and/or upload and/or view only its own Care Information to / in the App including its own Care Information entered into and/or uploaded to the App by the Care Provider(s) and/or Peer Supporter(s). When you set a goal, you create a webpage on the App dedicated tot hat goal. You may invite and share the goal with the Peer Supporter and/or Care Provider. The Care Provider may transmit Care Information collected and/or created by the Care Provider on the Platform, from the Platform to the App.
5.3.4. In order to upload Care Information to the App or view it, a User may shall be required to follow the instructions that the App will display. File types and file sizes constraints may be applied and may changeover time. An indication will appear as needed.
5.4. Your responsibility. (i) You shall not share your Account and login information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account.(ii) In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us at firstname.lastname@example.org andmodify your login information; (iii) You are solely responsible for maintaining the confidentiality of your login information and for restricting access to your mobile device while logged into the Account. (iv) You will be responsible for all activities coming from your Account or from your mobile device, including upload of Care Information, whether or not authorized by you. (v) You are solely responsible for adequate protection and backup of your Personal Information (including the Care Information) and/or the mobile device on which the App is installed, and hereby irrevocably waive any claim against Sequel for loss or corruption of data, or any damage to your mobile device. (vi) If you cease to use the App and/or if you transfer your mobile device to someone else, it is your obligation to uninstall the App from your mobile device. (vii) You are responsible for compliance with applicable local laws and regulations related to your Use of the App, including, without limitations to any terms and conditions of the Virtual Stores.
5.5. Your representations: By using the App, you hereby warrant and represent as follows:
5.5.1. You are aware that you are not obligated by law to use the App, and to enter and/or upload into the App any Personal Information (including any Care Information), and any provision of it is based on your free will;
5.5.2. Your Personal Information that you enter into and/or upload to the App in order to create and use your Account, is yours, you have all rights in and to your Personal Information, and it is accurate and complete;
5.5.3. Any Care Information provided and/or other wise uploaded by you to the App is lawfully obtained by you in compliance with all applicable laws, you have a lawful basis for processing such Care Information, and if such lawful basis is consent – such consent was dully obtained according to the Data Protection Laws;
5.6. Support. If you encounter any problem in the use of the App, you can send an e-mail to: email@example.com.Our support is available only via email during our standard working hours. Our support services include reasonable commercial efforts to address malfunctions of the App which are in our control.
6. Ownership and Intellectual Property Rights
6.1. The intellectual property and all other rights, title and interest of any nature, in and to your Personal Information (including the Care Information) are and shall remain your exclusive property. Except as expressly set forth herein, nothing in these T&Cs shall be construed as transferring any rights, title or interests in your Personal Information (including Care Information) to Sequel or to any third party.
6.2. In the relations between you and Sequel, the App (including any Content there of) is owned by Sequel (or any third party acting on Sequel's behalf), and is protected by copyright and other intellectual-property laws and treaties. We, and our licensors, own any and all rights, title and interest in and to the App, including all copyright and other intellectual property rights in the App (including its Content), and the limited license granted herein (as set forth in section 7 below) does not provide you with any title or ownership rights in or to the App.
6.3. For the avoidance of doubt, it is hereby clarified that the Virtual Stores, as defined above, will not bein any way responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Grant of License.
7.1. Subject to your Use of the App according to these T&Cs, we hereby grant you a worldwide, non-exclusive, non-transferable, non-sub licensable, limited and revocable license to download, install and Use a copy of the App on any smartphone or any other device that You legally own or control as permitted by the usage rules or other applicable terms, as set forth in the Virtual Stores terms of services. You may not Use the App for any other purpose. Any software that updates, supplements, or replaces the original App is governed by these T&Cs unless separate license terms accompany such update, supplement, or replacement, in which case such separate terms will govern in the event of a conflict with these T&Cs, or as other wise provided in such separate terms.
8. License Limitations
8.1. Sequel reserves all rights not expressly granted to you in these T&Cs. Without limiting the foregoing, you will not do, or authorize, or permit any third party to do any of the following: (a) rent, lease, loan, license, sell, redistribute or sublicense the App; (b) distribute or copy the App; (c) crawl, reverse engineer, decompile, disassemble, or attempt to discover the source code for the App; (d) modify, alter, or create any derivative works of the App; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App;(f) Use the App for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, doctor-patient confidentiality, etc.; (g) attempt to gain unauthorized access to the App, or any part of it (including, any unauthorized and/or unlawful access to Care Information), other accounts, computer systems or networks connected to the App through hacking or any other means or interfere or attempt to interfere with the proper working of the App or any activities conducted via the App by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. (h) exploit the App in any unauthorized way what so ever, including but not limited to, by trespass or burdening network capacity.
9. General Terms. the User hereby warrants, represents and under takes as follows:
9.1. You will Use the App according to the terms herein and not abuse the App and/or the Services for any purposes than the purposes listed in Section 5.1.
9.2. (i) These T&Cs are concluded between You and Sequel, and not between you and Apple Inc. or any of its respective affiliates and/or subsidiaries (together shall be referred to, above and hereinafter, as "Apple"),or between You and Google Inc. or any of its respective affiliates and/or subsidiaries (together shall be referred to as "Google") (Apple and Google shall be referred to, collectively, above and hereinafter as the "Virtual Stores"); (ii) Your use of the App on your mobile device is subject to Virtual Stores' respective terms and conditions as available in the applicable Virtual Stores (as may be amended from time to time by the any of the Virtual Stores),and You agree to be bound by such terms; (iii) the Virtual Stores disclaim any and all responsibilities and warranties for: (a) the license granted herein by Sequel for the use of the App; (b) Your Personal Information and any use of it by Sequel and/or by third party acting on its behalf; (c) maintenance and support services with respect to the App. In case of any problem, bug or other malfunction you can contact us (see contact details below); (iv) Subject to Section11below, in the event of any failure of this App to conform to the limited warranty herein (if and to the extent applicable), you may notify the relevant Virtual Store and subject to such Virtual Stores’ terms, the applicable Virtual Store will refund you the purchase price for the App (if applicable)and to the maximum extent permitted by applicable law, such refund will be provided as a sole and exclusive remedy from such applicable Virtual Store. Other than that, the Virtual Store disclaims any and all warranties or obligations whatsoever with respect to the App; (v) any claims you may have regarding the App (such as product liability, consumer protection, applicable legal or regulatory requirements etc.), shall not, in any case, be addressed to the Virtual Store, but rather to us; (vi) By downloading the App you here by warrant and represent that you are not located in a country that is subject to U.S. Government embargo, or otherwise designated by the U.S. Government as "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
10.1. ANY INFORMATION OR DATA THAT IS PROVIDED OR PRESENTED TO YOU BASED ON THE CARE INFORMATION ENTERED INTO AND/OR UPLOADED TO THE APP, INCLUDING, WITHOUT LIMITATIONS, ANY CARE INFORMATION ENTERED INTO AND/OR UPLOADED BY A PEER SUPPORTER AND/OR CARE PROVIDER VIA THE PLATFORM AND TRANSMITTED TO THE APP; AND/OR COLLECTED DUE TO YOUR USE OF THE APP (TOGETHER SHALL BE REFERRED TO AS THE "OUTPUT") IS BASED ON THE ASSUMPTION THAT SUCH INFORMATION IS COMPLETE AND CORRECT.
10.2. NEVERTHELESS, SEQUEL HAS NO CONTROL OVER THE CARE INFORMATION WHICH IS ENTERED INTO AND/OR UPLOADED TO THE APP (AND/OR ENTERED INTO ORUPLOADED TO THE PLATFORM AND SUBSEQUENTLY TRANSMITTED TO THE APP) OR PRESENTED THERE IN BY A PEER SUPPORTERAND/OR CARE PROVIDER, NOR DOES IT SUPERVISE OR OTHERWISE CHECK ITS SOURCE, ITS VALIDITY, CORRECTNESS, RELIABILITY, ACCURACY, COMPLETENESS OR ANY OTHER ASPECT ASSOCIATED WITH THE CARE INFORMATION. SEQUEL HEREBY DISCLAIMS ANY ANDALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, REGARDING THE INFORMATION IN THE APP (INCLUDING CARE INFORMATION AND ANY USER'S PERSONAL INFORMATION), WHETHER UPLOADED BY AN END-USER OR BY A PEER SUPPORTER OR A CARE PROVIDER TO THE APP OR AND/OR UPLOADED BY A PEER SUPPORTER AND/OR CARE PROVIDER VIA THE PLATFORM AND TRANSMITTED TO THE APP, AND PRESENTED IN THE APP.
10.3. ANY OUTPUT IS GENERATED FOR GENERAL INDICATIVE PURPOSES AND AS A DECISION SUPPORT TOOL ONLY. THE OUTPUT IS NOT INTENDED FOR, AND SHOULD NOT BE REGARDED AS, MEDICAL DIAGNOSIS AND/OR TO SERVE AS ANDAID FOR MEDICAL DIAGNOSIS, AND/OR TO PROVIDE ANY MEDICAL ADVICE, AND/OR TO RECOMMEND ON ANY TREATMENT OR OTHER MEDICAL PROCEDURE.
10.4. ANY OUTPUT SHOULD NOT BE CONSIDERED AS SUBSTITUTE TO MEDICAL DIAGNOSIS AND TREATMENT, AND ALL OF THE AFOREMENTIONED SHOULD BE MADE ORPROVIDED ONLY BY A QUALIFIED PHYSICIAN AND/OR OTHER LICENSED SPECIALIST.
10.5. NEITHER SEQUEL NOR ANY OF ITS OFFICERS, DIRECTORS, SHARE HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES OR THIRD PARTY PROVIDERS SHALL BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED DUE TO RELIANCE ON ANY OUTPUT PROVIDED VIA THE APP, OR DUE TO ANY MEDICAL DIAGNOSIS OR TREATMENT MADEOR PROVIDED BASED ON THE OUTPUT. ANY USE OR RELIANCE ON ANY SUCH OUTPUT IS MADEAT USER'S OWN RISK AND SEQUEL IS RELEASED FROM ANY WARRANTY OR LIABILITY THERE TO OR THERE FROM.
10.6. SEQUEL DOES NOT EXECUTE PRELIMINARY OR ANY OTHER CHECK REGARDING USERS OF THE APP. IN ADDITION, SEQUEL DOES NOT CHECK ANY CAREPROVIDER'S QUALIFICATIONS, PROFESSIONAL SKILLS, AND EXPERIENCE IN ANY MEDICALFIELD; SEQUEL DOES NOT RECEIVE AND/OR IS NOT OTHERWISE EXPOSED TO ANY TREATMENT PLAN, MEDICAL ADVICE OR ANY OTHER RECOMMENDATION PROVIDED BY A CARE PROVIDER TOITS END-USERS, AND HAS NO CONTROL OVER IT. THEREFORE, SEQUEL IRREVOCABLY DISCLAIMSANY AND ALL RESPONSIBILITY AND/OR LIABILITY OF ANY KIND IN THIS REGARD.
10.7. YOUR DECISION TO USE THE APP AND/OR RELY UPON ANY ADVICE, CARE PLANOR ANY OTHER RECOMMENDATION ISSUED BY THE CARE PROVIDER (WHETHER BASED ON THEOUTPUT OR OTHERWISE), IN ANY PROFESSIONAL, MEDICAL, LEGAL, PERSONAL ORFINANCIAL MATTERS, REFLECT THIS ALLOCATION OF RISK, AND YOU HEREBY DISCLAIM AND EXEMPT SEQUEL FROM ANY ANDALL RESPONSIBILITIES AND/OR LIABILITIES RELATED, DIRECTLY OR INDIRECTLY, TO THEFORE GOING.
11. No Warranty and Limitation of Liability
11.1. THE APP IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT ANY WARRANTY OF ANY KIND. SEQUEL SPECIFICALLY DISCLAIMSALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE APP AND ITS PERFORMANCE, ITS SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT THE USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE, THAT ALL VULNERABILITIES AND DEFECTS WILL BE DETECTED, THAT THE APP IS FREE FROM VIRUSES OR OTHER HARMFUL CODE, OR THAT THE APP (INCLUDING ANY ADVICEOR TREATMENT OR RECOMMENDATION PROVIDED BY A CARE PROVIDER OR PEER SUPPORTER TOAN END-USER), WILL ASSIST THE END-USER IN ANY WAY.
11.2. WITHOUT LIMITING THE FOREGOING, YOU ARE AWARE THAT THE APP ISHOSTED IN THE VIRTUAL STORES. SEQUEL WILL COMPLY WITH ANY INSTRUCTION RECEIVED FROM THE VIRTUAL STORES, WHICH MAY RESULT IN CHANGES IN THE APP, THE REMOVAL OFTHE APP FROM THE VIRTUAL STORES (WHETHER TEMPORARILY OR PERMANENTLY, AND WHETHERIN WHOLE OR IN PART), AND MAY AFFECT ITS AVAILABILITY. SEQUEL DOES NOT WARRANT THAT THE APP WILL BE AVAILABLE, FREE OF BUGS, ERRORS, VIRUSES, OR OTHER DEFECTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES, AND SEQUEL SHALL HAVE NOLIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE THE APP.
11.3. Sequel may be entitled, at its sole discretion, to remove the App from the Virtual Stores at any time and for any reason. Also, Sequel shall be entitled to change the scope of the App, add and/or omit some features, charge fees for the use of the App, and/or execute any other action, at Sequel's sole discretion.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, IN NO EVENT WILL SEQUEL, OR ITS LICENSORS BE LIABLE FOR ANYINDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES,OR LIABILITIES WHATSOEVER ARISING FROM, OR RELATING TO THE APP, THE SERVICES ORTHESE T&Cs, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICTLIABILITY, OR OTHER THEORY, EVEN IF SEQUEL HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. THE SOLE REMEDY AVAILABLE TO YOU FROM SEQUEL INANY SUCH EVENT AND NOT WITH STANDING THE PROVISIONS OF ANY LAW IS DISCONTINUANCEOF USING THE APP AND UNINSTALLING THE APP. SOMEJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. Release and Indemnification. You hereby release and forever discharge, and agree to indemnify, defend and hold us, our officers, directors, employees, share holders, agents and affiliates, harmless from all liabilities, claims, loss and damages (of every kind, whether known or unknown and suspected or unsuspected), and including reasonable attorney's fees related in any way to your Use of the App not in accordance to the T&Cs or in violation of these T&Cs. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the Information you submit to the Services by any means, including without limitation through a posting, a link, reference to other information, or otherwise.
14. Third Party Terms of Agreement. The App may contain links and reference to third party websites and/or include third-party component(s) and/or service(s) ("Third Party Services"). Without derogating from the generality of Section 10.1 above, the Third Party Services are provided (if and to the extent provided, a tour sole discretion) as a convenience to you, and when you access to any such Third Party Services You must comply with the applicable Third Party Services' terms and conditions. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Services. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use such Third Party Services.
15. Termination. Sequel may terminate these T&Cs and any Account opened in connection with your Use of the App at any time for any reason, or for no reason, immediately upon notice. Upon such termination, you agree not to Use or copy the App (including any subsequent version of the App), or to register for any new Account. In the event of the termination of the T&Cs for any reason: (a) the license granted to you to Use the App under these T&Cs will terminate immediately; (b) You must immediately upon receiving any notice of termination cease all Use of the App and destroy, or erase all copies of the App in your possession or control.
17. Assignment. You may not assign or transfer these T&Cs, or any of your rights under these T&Cs without the prior written consent of Sequel, and any attempted assignment without such consent shall be void.
18. Governing Law. These T&Cs shall be governed by the laws of the State of Israel (without giving effect to its conflict of law's provisions), and any matter, or dispute arising out of or in connection with them or in connection with the App or Services shall be subject to the exclusive jurisdiction of the courts of the Tel Aviv-Jaffa, Israel.
19. Severability. If any term of these T&Cs is found to be unenforceable, or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of these T&Cs will remain in full force and effect.
20. No Waiver. No waiver of any right under the T&Cs will be deemed effective unless contained in writing signed by Sequel, and no waiver of any past or present right arising from any breach, or failure to perform will be deemed to be a waiver of any future rights arising out of these T&Cs.
22. Third Party Beneficiaries. The Virtual Stores shall be considered as third party beneficiaries of these T&Cs, and shall have the right (and will be deemed to have accepted the right) to enforce these T&Cs against you as a third party beneficiary.
23. Contact Us. Should you have any question or complaint regarding the App, Services and/or the license granted here in, you may contact us at: firstname.lastname@example.org.
Last Updated: 31 August, 2020
All rights reserved © Peloton Health Ltd.