Updated: March 21, 2024
END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”), together with: (1) the Company’s Privacy Policy, (2) the Notice of Privacy Practices attached as Addendum 1 to the Privacy Policy, and (3) the Company’s Terms of Service (collectively, the “Agreement”) governs your use of the Bundle Birth’s Services, as that term is defined in the Company’s Privacy Policy and Terms of Service. By accessing the Bundle Birth mobile application (“Application”), accessing our websites located at www.bundlebirth.com, www.bundlebirthnurses.com, www.bundlebirtheducation.com, and www.bundlebirthdoulas.com, or otherwise using the Services, you are agreeing to this Agreement with Bundle Birth, A Nursing Corporation with offices located at 144 N Kenmore Ave., #1, Los Angeles, CA, United States, and any and all of its related and affiliated entities (“Bundle Birth” or “we”). You represent and warrant to Bundle Birth that you have the authority to accept this Agreement on behalf of yourself, a company, or another entity, as applicable (“you” or “Customer“). For purposes of this Agreement, Customer and Bundle Birth each will be referred to individually as a “Party” and together as the “Parties.”
BY CLICKING THE “ACCEPT” BUTTON YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT CLICK THE “ACCEPT” BUTTON AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SERVICE.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE APPLICATION, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE APPLICATION AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE APPLICATION.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE APPLICATION. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE APPLICATION.
Bundle Birth grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Application. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Application and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the Application from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Application).
Any communications or material of any kind that you email, post, or otherwise transmit to Bundle Birth using the Application, including data, questions, comments, or suggestions (your “Communications”) will become the property of Bundle Birth. You hereby grant a license to Bundle Birth to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
You agree not to edit, alter, abridge or otherwise change in any manner the content of the Services, including, without limitation, all copyright and proprietary rights notices. You may not, and may not permit others to (1) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Services; (2) modify, translate, adapt, alter, or create derivative works (including, without limitation, trading algorithms) from the Services; (3) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Services; (4) distribute, sublicense, rent, lease, loan or grant any access to or use of the Services to any other party; (5) post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; (6) access or use the Services for purposes of competitive analysis of the Services, the development, provision, or use of a competing Services or product or any other purpose that is to the detriment or commercial disadvantage of Bundle Birth; (7) remove, deface, or destroy any copyright, patent notice, trademark, service mark, other proprietary markings, or confidential legends placed on or within the Services, or related documentation, and any copies thereof in any form; or (8) use the Services in a manner that violates any applicable local, state, national or international law or governmental regulation, policy procedure or ordinance, or any rights of a third party.
You may not release the results of any performance or functional evaluation of any of the Application to any third party without prior written approval of Bundle Birth for each such release.
The following requirements apply to your use of the Application:
Bundle Birth may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Application and related services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update.
If you do not want such Updates, you may stop using the Application. If you do not cease using the Application, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Application and you agree to promptly install any Updates that Bundle Birth provides. Your continued use of the Application is your agreement to this EULA.
The Application is licensed and not sold. Bundle Birth reserves all rights not expressly granted to you in this Agreement. The Bundle Birth Application is protected by copyright, trade secret, and/or other intellectual property laws. Bundle Birth owns the title, copyright and/or other worldwide Intellectual Property Rights (as defined below) in the Bundle Birth Application and all copies of the same. This Agreement does not grant you any rights to Bundle Birth’s trademarks or service marks.
For the purposes of this Agreement, “Intellectual Property Rights” means all copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights.
You may choose to or we may invite you to submit comments or ideas about the Bundle Birth Application, including without limitation, ideas for improvement (“Ideas“). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Bundle Birth under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Bundle Birth does not waive any rights to use similar or related ideas previously known to Bundle Birth, or developed by its employees, or obtained from sources other than you.
Certain items of software included with the Application are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the Open Source Software is owned by third parties. The Open Source Software is not subject to the terms and conditions of this EULA. Instead, each item of Open Source Software is licensed under the terms of the end user license that accompanies such Open Source Software. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If required by any license for particular Open Source Software, Bundle Birth makes such Open Source Software, and Bundle Birth’s modifications to that Open Source Software, available by written request to Bundle Birth at the email or mailing address listed below.
This EULA and the license granted hereunder are effective on the date you first use the Application and shall continue for as long as you use the Application, unless this EULA is terminated under this section. Bundle Birth may terminate this EULA at any time if you fail to comply with any term(s) hereof. You may terminate this EULA effective immediately upon written notice to Bundle Birth. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Application, but all other terms (inclusive) will remain in effect, after any such termination.
You use our Services at your own risk. There is no guarantee that using our Services will result in a successful childbirth, nor that connecting you with our experts will do the same.
The Company’s Application is a web-based online information-sharing platform. We also facilitate the sharing of information that improves birth professionals’ understanding of childbirth, the labor & birth process, and related information and provide educational support for those caring for patients on their childbirth journey.
We make a variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, photographs, information, videos, data, questionnaires, algorithms, birth processes and other materials (collectively, “Content“) available on or through our Application. Some of the Content is provided by the Company or its affiliates, partners, and suppliers, and other Content is provided by users. The Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within any forums or community-type features. Our Content is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment and requires health care professionals to first use their clinical judgment and critical thinking skills to first care for the patient. This information does not override any MD/CNM order or policy and procedure representative of your hospital. All Content and Services are provided for general educational and informational purposes only.
The Company does not have any obligation to prescreen, edit, or remove any Content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, the Company will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
The Content on our Website, including health or medical information is, at best, general and does not and is not meant to be a substitute for the advice of a licensed medical professional (like a qualified doctor/physician, physician assistant, nurse, therapist, psychologist, psychiatrist, or other healthcare provider), and should not be used to diagnose or treat any kind of disease, illness or symptom. We cannot and do not take any responsibility for the results or consequences of any attempt to use or adopt any of the Content on our Website. You should not interpret anything in our Content or Services or on our Website as an attempt to offer or render a medical or healthcare opinion or otherwise engage in the practice of medicine or therapy.
As a reminder, treatment-related decisions regarding actual medical diseases, illnesses, and symptoms are best made in direct collaboration with a well-informed licensed medical or therapeutic professional. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. If you think that you, or a person in your care, may have a medical emergency, call your doctor or 911 immediately or initiate the chain of command, code blue or other applicable healthcare processes to initiate emergency services. THE COMPANY AND ITS EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND CONTRIBUTORS SHOULD NOT BE CONTACTED WITH THE EXPECTATION THAT THEY CAN OR WILL RESPOND TO ANY ACTUAL EMERGENCY.
We do not endorse or guarantee any specific tests, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, our employees, or others appearing in our Services for or on the behalf of the Company is solely at your own risk. No claims, representations, or warranties, whether expressed or implied, are made as to the safety, reliability, and performance of any tests, products, or services.
The Parties agree to the Disclaimer/No Warranties provision in the Company’s Terms of Service, incorporated fully by reference herein.
The Parties agree to limit the Company’s liability to the extent outlined in the Company’s Terms of Service, which is fully incorporated by reference herein.
(a) Data Protection and Privacy. The Parties agree that Covered Entities, as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”), may utilize the Bundle Birth website and application in the course of providing care to patients. As further detailed below, Bundle Birth acknowledges that it may act as a downstream vendor that interfaces with protected health information, as that term is defined under HIPAA. As such, Bundle Birth has implemented appropriate data protection and security safeguards to protect information that may be inputted into the Bundle Birth website or Bundle Birth application.
(b) Security Breach. In the event of a security breach of the Bundle Birth website or application, Bundle Birth shall follow the protocols as outlined in its Breach Notification Policy, including notifying the affected party or parties as soon as Bundle Birth becomes aware of the breach. As part of the notification process, Bundle Birth shall promptly: (i) provide any information about the event requested by the affected party or parties ; (ii) in the case of a security breach that involves protected health information, conduct an internal investigation to determine the cause and extent of the breach, which may include commissioning an independent third party to carry out an urgent review and audit of the security breach and provide a complete copy of that independent third party’s report to the affected party or parties; (iii) complete required notifications as applicable, including notifications to the U.S. Department of Health and Human Services; and (iv) take all steps necessary to remedy any weaknesses in its systems to prevent a recurrence of the event.
The Bundle Birth website and application are intended for providers to input patient information for the purposes of generating personalized recommendations to complement clinical practices. When the provider utilizing the website and/or application is a Covered Entity, Bundle Birth may be acting as a downstream vendor of the Covered Entity, and as such, the Bundle Birth website and application are designed to meet the requirements of the HIPAA Security Rule. Protected health information should only be inputted into the Bundle Birth website and application with the patient’s consent. In addition to ensuring HIPAA Compliance, Bundle Birth has implemented additional measures to meet industry standards to protect the security and integrity of information that is provided through the Bundle Birth website and application.
The Parties agree to the Dispute Resolution provision in the Company’s Terms of Service, incorporated fully by reference herein.
The Parties agree to the Indemnification provision in the Company’s Terms of Service, incorporated fully by reference herein.
The Parties agree to the Miscellaneous Provisions in the Company’s Terms of Service, incorporated fully by reference herein.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT, WHICH REFERENCES AND HEREBY INCORPORATES HEREIN THE COMPANY’S PRIVACY POLICY, NOTICE OF PRIVACY PRACTICES, AND TERMS OF SERVICE, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, THE COMPANY’S PRIVACY POLICY, NOTICE OF PRIVACY PRACTICES, AND TERMS OF SERVICE REFERENCED AND INCORPORATED HEREIN.
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