Kate's App Terms of Use
Effective Date: [Insert Date]
Last Updated: [Insert Date]
Kate's App is a service created to help family medical caregivers and family members coordinate and manage medical information securely.
By using our services, you agree to these Terms of Use. We reserve the right to suspend or terminate accounts that violate these Terms. Please read them carefully.
Your Consent
These Terms of Use apply to all users of this Site. By using Kate's App you acknowledge that you understand and consent to these Terms of Use. If you do not consent, you may not use this service.
Your Consent to the Privacy Policy
By using Kate's App you also acknowledge that you understand, and consent to the Privacy Policy, which you understand to be a part of these Terms of Use. If you do not agree, you may not use this service.
Any personal about you which is retained on Kate's App or which you make accessible to us as a result of using this service will be handled in accordance with the Privacy Policy.
Eligibility
To use the Service, you must be at least 18 years old or have the legal capacity to enter into agreements. By registering, you represent and warrant that you meet these requirements.
Permitted Use
Kate's App is intended for lawful, personal, and non-commercial use to support non-professional medical caregivers. You may not misuse the service, including but not limited to: attempting unauthorized access, transmitting malicious software, or violating applicable laws.
TO use Kate's App, you must create an account identified by a valid email address and protected by a confidential password. You are responsible for maintaining the confidentiality of your password and other account credentials. Do not share your password or credentials with others.
If your account has been used without your authorization, notify us immediately.
Ownership and Intellectual Property
Site Copyrights
This site and all its content is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. “Content” refers to all of the software and code comprising or used to operate this site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials on this site, including user-generated content such as personal and medical information, uploaded files, and comments and feedback. All such content and accompanying intellectual property rights are either i) the property of Kate's App, or ii) the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any content on this site does not constitute a waiver of any rights to that content. Accessing the content on Kate's App does not grant you any ownership or rights to that content. Unless otherwise specified in the Terms of Use, none of that content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Users of Kate's App who agree to and comply with these Terms of Use are granted permission to display, download, or print portions of this site on a temporary basis as necessary to use and access the services of Kate's App for its intended purposes, provided that i) such access is lawful; ii) you do not modify the Content; (iii) you retain any and all copyright and other proprietary notices contained in the Content; and (iv) you do not copy or post the content on any computer system, service, or social media.
Site Trademarks
The Kate's App names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Kate's App. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.
You are not authorized to display or use the Kate's App marks in any manner without written permission. You are not authorized to display or use other trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this site without the prior written permission of such owners.
The use or misuse of the Kate's App marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials found on this site is expressly prohibited.
User-generated Content
Under no circumstances is Kate's App liable in any way for any user-generated content. This means that you, not Kate's App, are entirely responsible for all content that you post. It also means that you, not Kate's App, can be held personally liable for comments or other content that are defamatory, obscene, libelous, or otherwise illegal, or that violate these Terms of Use, or any obligation of confidentiality, or the rights of others. If any part of the content you post is not your original work, it is your responsibility, not the responsibility of Kate's App, to obtain all necessary permissions.
Because we do not control user-generated content on this site, we cannot guarantee its accuracy, integrity, or quality. We are not responsible for any errors or omissions in content posted, emailed, or otherrwise provided by any user, and are not liable for any loss or damage resulting from its use. All opinions expressed in user-generated content belong to the individuals who post them and must not be taken to reflect the views of this website. By using this site, you accept that you may encounter content you find objectionable.
You own the copyright to any original content that you post. We do not claim any copyrights in user-generated content. The confidentiality of your personal medical information is handled according to the Privacy Policy.
However, for any content that you post in user forums, comment sections, or any other public areas, you grant us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize any content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. Therefore, do not post any content—such as photos, videos, confidential information, or product ideas—that you do not wish to license to us.
By using Kate's App, you grant us the right to
- monitor all of your content;
- prohibit certain topics or opinions;
- remove or block any of your content at any time without notice at our sole and absolute discretion;
- disclose any user-generated content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect any person or the rights of Kate's App, its users, or others, or to enforce these Terms of Use;
- terminate your access to and use of this site, or to modify, edit or block your access to it at our sole discretion.
By exercising these rights, we do not claim ownership of the content you post, and you retain ownership of your content.
To access and use Kate's App, we require that you do not upload, post, transmit or otherwise make available - any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy; - any content that constitutes or encourages activity illegal under criminal or civil law; - any content that is false, misleading, or fraudulent; - any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - any content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; - any content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under 18 years old but you are his/her parent or legal guardian; - any request for or solicitation of any personal or private information from any individual; - any request for or solicitation of money, goods, or services for private gain; - any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - or any content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
Further, you are required not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or to violate any local, state, national or international law, rule or regulation.
By posting content on Kate's App, you represent and warrant that (i) you own or otherwise control all of the rights to that content and have the right to grant the license set forth in these Terms of Use; (ii) the content is accurate, and (iii) you have read and understood—and the content you post fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Copyright Violations
Kate's App does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for which you are authorized to act, is featured on this site or has been otherwise copied and made available on this site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If a claim of copyright violation is submitted against content that you post, your content will be removed immediately and you will be notified at the email address in your account. If you believe the claim is incorrect, you may contest the claim in using the same.
Users who repeatedly post infringing content will have their accounts terminated.
Privacy and Data Security
We prioritize user privacy and data security. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
Users are responsible for managing permissions for shared medical information within this service.
Medical Disclaimer
Kate's App is not a medical provider and does not offer medical advice, diagnosis, or treatment. The information shared through this service is for informational and organizational purposes only and should not be relied upon as a substitute for professional medical advice, consultation, or treatment from a qualified healthcare provider.
By using this application, you acknowledge and agree to the following.
No Doctor-Patient Relationship—Use of this service does not establish a doctor-patient or healthcare provider relationship between you and Kate's App.
Not a Substitute for Professional Care—Always seek the advice of a licensed physician or other qualified health provider regarding any medical condition. Never disregard or delay seeking medical advice because of information available on this service.
No Emergency or Crisis Support—This service is not intended for use in medical emergencies. If you are experiencing a medical emergency, call 911 or seek immediate medical attention.
Accuracy and Liability—While we strive to maintain accurate and up-to-date information, Kate's App cannot and does not make any warranties regarding the completeness, accuracy, or reliability of any content. Users assume full responsibility for how they use the service and any information shared within it.
By continuing to use Kate's App, you acknowledge that you understand and accept this disclaimer. If you have concerns about your health, always consult a healthcare professional.
Limitation of Liability
By using Kate's App, you acknowledge and agree to the following:
No Warranties—The service is provided on an “as-is” and “as-available” basis, without any warranties of any kind, express or implied. Kate's App makes no representations or guarantees regarding the accuracy, completeness, reliability, or availability of the service or its content.
Limitation of Liability—Under no circumstances shall Kate's App, its owners, developers, employees, affiliates, or partners be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to:
- The use or inability to use the service.
- Any errors or omissions in the content.
- The reliance on any information available on the service.
- Unauthorized access to or alteration of your data.
This limitation applies to the fullest extent permitted by law, even if Kate's App has been advised of the possibility of such damages.
User Responsibility—You are solely responsible for how you use the service and any decisions you make based on the information provided. Kate's App does not assume responsibility for any consequences resulting from your reliance on its content or services.
Third-Party Links and Content—The service may contain links to third-party websites or services. Kate's App is not responsible for the content, privacy policies, or practices of any third-party sites and does not endorse or assume liability for any third-party services.
Indemnification—You agree to indemnify, defend, and hold harmless Kate's App, its owners, employees, affiliates, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the service, violation of these Terms of Use, or infringement of any third-party rights.
Changes to This Policy
Kate's App reserves the right to update or modify this policy at any time and without prior notice by posting the revised version of the policy on this site. By continuing to use Kate's App after an updated policy has been posted, you agree that you understand and agree to abide by the modified terms.
You may read the current version of this policy at any time by following the link marked “Terms of Use” at the bottom of each page.
Governing Laws
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.
Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, including its breach, enforcement, or interpretation, shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Minnesota, and the arbitrator's decision shall be final and binding.
Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction in Minnesota for claims related to intellectual property or unauthorized access to data.
Exclusive Jurisdiction: If arbitration is not applicable, the parties agree that any legal action shall be brought exclusively in the state or federal courts located in Minnesota, and both parties consent to personal jurisdiction in such courts.
Contact Information
If you have questions, concerns, or requests related to this Privacy Policy or your data, please contact:
Kate's App:
- URL: katesapp.org/message
- Email: katesapp@katesapp.org
Reviewed By: [Insert name and role]
Date: [Insert Date]