DANA TERMS OF SERVICE
Last Updated: 8/13/2024
Welcome to Dana. These Terms of Service ("Terms") govern your access to and use of Dana's services, including our website (www.dana.care), our mobile applications, our AI models, and any other software, tools, features, or functionalities provided on or in connection with our services (collectively, the "Services"). Please read these Terms carefully.
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services.
2. Privacy Policy
Please review our Privacy Policy, which also governs your use of the Services, to understand our practices.
3. Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore.
4. Who May Use the Services
You must be 13 years of age or older to use the Services. By using the Services, you represent and warrant that you meet these requirements. You can upload your family member’s health-related information if you have access to that information with their consent or due to applicable laws. You are responsible for obtaining all necessary consents before uploading family member data into your account. As a parent or guardian, you may generally use health-related information of your minor children (under 13) unless prohibited by applicable law, restriction order or court order. When it comes to your spouse or civil partner, you need to have their consent. We reserve the right to restrict your access, or delete all your data and profiles if we are required to do so by applicable law, by a direct request of the data subject or informed of any violations on your part while using our services.
5. Description of Services
Dana provides gamified healthcare applications and AI-powered health services. Our Services are designed to help users manage their health and wellness through interactive, game-like experiences and personalized AI recommendations. However, the Services are not a substitute for professional medical advice, diagnosis, or treatment.
6. Your Use of the Services
You may not: (a) use the Services for any illegal purpose or in violation of any local, state, national, or international law; (b) violate or encourage others to violate any right of or obligation to a third party, including intellectual property, confidentiality, and privacy rights; (c) interfere with or disrupt the Services or servers or networks connected to the Services; (d) attempt to gain unauthorized access to the Services or other user accounts.
7. Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that users provide to be made available through the Services.
8. Rights in User Content Granted by You
By making any User Content available through the Services, you grant to Dana a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
9. Rights in Content Granted by Dana
Subject to your compliance with these Terms, Dana grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.
10. Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by contacting us at info@team.dana.care.
11. Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
12. Limitation of Liability
IN NO EVENT SHALL DANA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
14. Dispute Resolution
Any disputes arising out of or related to these Terms or the Services will be subject to final and binding arbitration in Dover, Delaware.
15. General Terms
These Terms constitute the entire and exclusive understanding and agreement between Dana and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dana and you regarding the Services.
16. Contact Information
If you have any questions about these Terms or the Services, please contact us at info@team.dana.care or:
Dana Tech LLC
1111b South Governors Avenue
Dover, DE 19904 US