Last updated : September 06, 2024
Please read these terms of service carefully before using Our Service.
Curandos, Inc. (“Curandos”, “Us”, and “We”) offers the software application for mobile devices and computers entitled “Curandos” (the “App”), which enables users to communicate with doctors and share personal health-related information (“Health Information”) in these communications (collectively, the “Services”) . Your use of the Services is subject to the terms set out below, including but not limited to, Curandos’ Privacy Policy, which is hereby incorporated by reference (collectively, the “Terms”). These Terms and any of the documents referred to in the Terms create a legally binding agreement between you and Curandos. Please read them carefully.
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. By clicking the “I Agree” button or by accessing, visiting, browsing, using, or attempting to interact with any part of Curandos’ website located at www.curandos.net (the “Website”) or the App, you agree to be bound by the Terms
Curandos reserves the right to modify these Terms from time to time. Each time modifications are made to these Terms, a revised version of these Terms will be made available at the Website and within the App. If you continue to use the Services after such modification, you will be deemed to have read, understood, and unconditionally agreed to such changes. You are encouraged to regularly check the Website to view the most current version of these Terms.
In order to make the Services available to you, Curandos will need to collect information and/or personal data from you. The information and/or data collected will be used in accordance with our Privacy Policy, which is available at our site. Curandos may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.
A. Registration for Services
In order to access certain Services, you may be required to provide information about yourself as part of the registration process for the Services or as part of your continued use of the Services. You must provide your name, your date of birth, a valid email address, user name, and a password to create your account with Us (“Account”). You understand that you are responsible for maintaining the confidentiality of your password and other Account information. Accordingly, you agree that you will be solely responsible to Curandos for all activities that occur under your Account, and We are not responsible for problems with your Account due to misuse of your user name and/or password. If you become aware of, or suspect, any unauthorized use of your user name, password, or Account, you agree to notify Us immediately at contact@curandos.net.
B. Account Requirements There are several requirements related to the creation and maintenance of an Account:
• When creating an Account, you must provide true, accurate, current, and complete information about yourself.
• You must maintain and promptly update your Account information to keep it true, accurate, current, and complete.
• In order to open an Account, you must be age 18 or older. The Services are available for use by children, but any Account used by a child under the age of 18 must be opened and maintained by the user’s parent or legal guardian. If you open and maintain an Account on behalf of a user under the age of 18, you will be fully responsible for complying with these Terms.
• One person may maintain no more than one Account.
• You must not create an Account or use the Services if your Account has been been previously terminated by Curandos or if you have been previously banned from any of the Services.
• A breach or violation of any term in the Terms, as determined in the sole discretion of Curandos, will result in an immediate termination of your Account and your access to the Services.
A. License Grant Subject to your compliance with these Terms, Curandos grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to download, install and use a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. In addition, with respect to any App accessed through or downloaded from the Apple App Store or any similar store or marketing place (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (the “Usage Rules”).
B. App Store You acknowledge and agree that the availability of the App is dependent on the App Store from which you download the App. However, Curandos, not the App Store, is solely responsible for the App, including the App’s content, maintenance, support services, and warranty, and addressing any claims relating thereto. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App.
C. Updates You understand that the App is evolving. As a result, Curandos may require you to accept updates to the App that you have installed on your computer or mobile device. You acknowledge and agree that Curandos may update the App with or without notifying you. You may need to update third-party software (e.g., your device’s operating system) from time to time in order to maintain and use the App.
A. Compliance with Laws and Regulations Your use of the Services must not violate any applicable laws, including copyright or trademark laws, health and privacy laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Services is in compliance with laws and any applicable regulations.
B. Service Usage Limits The rights granted to you in these Terms are subject to the following restrictions: • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or Website (collectively, the “Curandos Properties”) or any portion of the Curandos Properties. • You shall not frame or utilize framing techniques to enclose any trademark, logo, or other Curandos Properties (including images, text, page layout or form) of Curandos.
• You shall not use any metatags or other “hidden text” using Curandos’ name or trademarks;
• You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Curandos Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law.
• You shall not access the Curandos Properties in order to build a similar or competitive website, application or service.
• Except as expressly stated herein, no part of the Curandos Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
• You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Curandos Properties. Any future release, update or other addition to the Curandos Properties shall be subject to these Terms. Curandos, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of the Curandos Properties terminates the licenses granted by Curandos pursuant to these Terms.
C. Content Restrictions You agree that you will not, under any circumstances, post, host, transmit, upload, distribute, or exhibit any text, data, articles, images, photographs, and other content that:
• is unlawful or promotes unlawful activities;
• is deceptive or harmful;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• transmits malware or host phishing pages;
• implies or promotes support or funding of, or membership in, a terrorist organization;
• contains or instills any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes or violates any proprietary right of any party, including patent, trademark, trade secret, copyright, right of privacy, right of publicity, or other rights.
D. Conduct Restrictions You agree that you will not, under any circumstances:
• harass, abuse, threaten, or incite violence towards any individual or group;
• impersonate or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• harm minors in any way;
• interfere with or damage the Curandos Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• modify or cause to be modified any files that are a part of the Curandos Properties;
• disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Curandos Properties; or (ii) the enjoyment of the Curandos Properties by any other person;
• attempt to gain unauthorized access to the Curandos Properties, accounts registered to others, or to the computers, servers or networks connected to the Curandos Properties, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Curandos Properties;
• access, tamper with or use non-public areas of the Curandos Properties, the Curandos’ computer systems, or the technical delivery systems of Curandos’ providers;
• attempt to probe, scan, or test the vulnerability of any Curandos system or network, or breach any security or authentication measures;
• disrupt or interfere with the security of, or otherwise cause harm to, the Curandos Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Curandos Properties or any affiliated or linked sites; or
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Curandos or any of Curandos’ providers or any other third party to protect the Curandos Properties.
E. Privacy Misuse of the personal information of the Services’ users is prohibited. Any person, entity, or service collecting data from the Services must comply with Curandos’ Privacy Policy, particularly in regard to the collection of users’ personal information. If you collect any user’s personal information from the Services, you agree that you will only use the personal information you gather for the purpose of which our user has authorized it. You agree that you will reasonably secure any personal information you have gathered from the Services, and you will promptly respond to complaints, removal request, and “do not contact” requests from Curandos or the Services’ users.
A. Sharing Health Information The Services provides users the ability to communicate with doctors that users have selected and approved of in advance. Your communications with these doctors through the Services may involve sharing your Health Information. You are solely responsible for reviewing and approving any doctors before deciding whether to share your Health Information with them.
B. Disclosures and Use As a user of the Services, you authorize Curandos to make the following disclosures and uses of your Health Information:
• Curandos may disclose your Health Information to those doctors to whom you have granted access to view your Health Information;
• Curandos may use your Health Information as necessary to manage and administer the Services for your use, such as providing you with the services that you have requested through the App; and
• Curandos may disclose your Health Information to comply with the law or respond to compulsory legal processes or enforceable governmental requests.
C. Revoking Authorization The persons that you authorize to receive your Health Information through the Services may not be subject to federal or state health information privacy laws. As such, subsequent disclosure by such persons may not be prohibited and/or protected by those laws. You may revoke all or part of the authorization granted to Curandos to disclose your Health Information by submitting a signed and dated statement to contact@curandos.net.
You grant Curandos a fully-paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, nonexclusive, and sublicensable right to use, reproduce, distribute, prepare derivative works of, display, and perform any content, text, information, images, pictures, video, audio-visual files or other materials you upload, post, transmit or otherwise make available through the Services (“Your Content”) for the purposes of operating and providing the Services to you and to other users. You agree that you are responsible for Your Content that you make available on or in the Services. You represent and warrant that you own or otherwise control all of the rights to Your Content; that Your Content is accurate; that use of Your Content does not and will not infringe or misappropriate the intellectual property rights of any third party, violate these Terms, or cause injury to any person or entity. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Curandos.
Curandos reserves the right to remove all or any portion of Your Content from the Services for any reason. Such reasons may include, without limitation, (i) your breach of these Terms; (ii) your express termination of the agreement formed by these Terms or of the license grants associated with Your Content; or (iii) an assertion or claim that Your Content infringes the intellectual property rights of a third party or otherwise contains illegal content. Curandos has the right, but not the obligation, to monitor, investigate, or pre-screen any content, text, information, images, pictures, video, audio-visual files or other materials upload, post, transmit or otherwise make available through the Services
Curandos supports the protection of intellectual property and asks users of the Services to do the same. If you believe that content on the Services violates your copyright, please submit a “Takedown Notice” at contact@curandos.net. There may be legal consequences for sending a false or frivolous Takedown Notice. Before sending a takedown request, you must consider legal uses, such as fair use and licensed uses. It is the policy of Curandos, in appropriate circumstances and in its sole discretion, to disable and/or terminate the Accounts of users who repeatedly infringe or are repeatedly charged with infringing upon the copyrights or other intellectual property rights of Curandos and/or others
You understand that the Curandos Properties are not designed, intended, authorized, or warranted to be suitable for use in primary health monitoring; life support applications; devices or systems; direct life support machines; and Enhanced 911 or the E911 emergency calling systems (collectively, “Únauthorized Applications”). You warrant that you will not use the Curandos Properties for or with any Unauthorized Applications. You further acknowledge and agree that Curandos has no obligation to monitor your use of the Services, any vital signs or biometric information, or any other information uploaded by or through the Services to Curandos’ servers, and that the Curandos has no obligation to take any action in response to such information. In addition, the Curandos Properties and content provided by Curandos is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available by Curandos through the Services is for general information purposes only.
Your use of the Services is at your sole risk. Curandos provides the Services “as is” and “as available,” without warranty of any kind. We expressly disclaim all warranties, whether express, implied, or statutory, regarding the Website and the Services including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Curandos does not warrant (i) that the Services will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure, or error-free; (iii) that the information provided through the Services is accurate, reliable or correct; (iv) that any defects or errors will be corrected; or (v) that the Services will be available at any particular time or location. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained from the Services
You understand and agree that We will not be liable to you or any third party for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:
• your use or inability to use the Services.
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Services;
• any other user interactions that you input or receive through your use of the Services; or
• any other matter relating to the Curandos Properties. You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) an assertion that Your User-Generated Content or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or are a misappropriation of any individual or entity’s trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (ii) your violation of any rights of a third party; (iii) any breach by You of your obligations under these Terms; (iv) your unlawful and/or unauthorized use of, or activities in connection with the Services; (v) your violation of any applicable law; (vi) your access to, use of, or inability to use the Services; and (vii) any negligent acts, omissions or willful misconduct by you. The foregoing indemnities shall survive expiration or termination of these Terms.
TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY BREACH OF ANY TERM IN THE TERMS, NEGLIGENCE, OR OTHER DEFAULT SHALL NOT EXCEED THE AMOUNT OF $100. THIS LIMITATION WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Account Cancellation It is your responsibility to properly cancel your Account. You can cancel your Account at any time by emailing contact@curandos.net.
B. Upon Cancellation We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. However, barring legal requirements, We will delete your Account and Your Content upon termination of the Services by either party (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.
C. Curandos’ Right to Terminate Curandos reserves the right to suspend or terminate your access to all or any part of the Services for any reason, with or without notice, at any time. Curandos also reserves the right to refuse service to anyone for any reason at any time. In addition, if We are unable to procure the necessary consents and rights under applicable law (including executing a mutually agreeable business associate agreement with your doctor, physician, nurse or other medical professional(s) with whom you have connected via the Services, as may be required by the Health Insurance Portability and Accountability Act of 1996, as amended) to process, store, collect and use your, as a patient, personal health information as necessary to provide the Services, We may terminate your access to certain features of the Services as necessary to comply with applicable laws.
A. Governing Law The Terms, and your relationship with Curandos under the Terms, shall be
governed by the laws of the State of California, without regard to conflict of law provisions. You and
Curandos agree to submit to the exclusive jurisdiction and venue of the courts located in the County
of Santa Clara, California .
B. Complete Agreement
The Terms and the documents referred to in these Terms constitute the whole legal agreement
between you and Curandos and govern your use of the Services (but excluding any services which
Curandos may provide to you under a separate written agreement), and completely replace any
prior agreements between you and Curandos in relation to the Services.
C. Notices
You agree that Curandos may provide you with notices, including those regarding changes to the
Terms, by email or postings on the Website or Services.
D. Non-Assignability
You may not transfer, assign, charge, or otherwise dispose of these Terms, or any of your rights or
obligations arising under them, without our prior written consent. Any unauthorized assignment and
delegation by you is void.
We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of our
rights or obligations arising under it, at any time during its term.
E. Section Headings and Summaries
Throughout these Terms, each section includes titles. These section titles are not legally binding.
F. Severability, No Waiver, and Survival
You agree that if Curandos does not exercise or enforce any legal right or remedy which is contained
in the Terms (or which Curandos has the benefit of under any applicable law), this will not be taken
to be a formal waiver of Curandos’ rights and that those rights or remedies will still be available to
Curandos.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these
Terms is invalid or unenforceable, then that provision will be removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and
enforceable.
G. Amendments
These Terms may only be modified by a written amendment signed by an authorized representative
of Curandos.
H. Questions
Questions about the Terms should be sent to contact@curandos.net