Last updated: September 6, 2024
These Platform Terms of Use (these "Terms of Use") constitute a legal agreement between you and Isha Health, Inc("Isha," "we," "us," or "our"). These Terms of Use govern your access to and use of our proprietary software as a service (SaaS) platform, Moco, made available to you as a web application and/or a mobile application (the "Platform").
Subject to the terms and conditions of this Agreement, Isha grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to authorize your Authorized Users to access and use the Platform solely for internal business purposes.
You agree not to:
Violating these terms may result in immediate termination of your access to the Platform.
Your employees or contractors using the Platform on your behalf ("Authorized Users") must create accounts with Login Credentials (email and password). Login Credentials must not be shared, and you are responsible for all activity associated with these credentials.
Your use of the Platform may involve transmitting personal information. Our policies regarding data collection and use are governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Platform and all content (software, text, graphics, etc.) provided by Isha or third parties (the "Content") are protected by intellectual property laws. You do not have any ownership rights in the Content, and you agree not to use the Content except as allowed by this Agreement.
You retain ownership of all data you submit to the Platform ("Your Data"). You grant Isha a non-exclusive, worldwide, royalty-free license to use Your Data for operating the Platform. Isha may use de-identified data for analysis and improvement of the Platform. Aggregate data, which does not identify you, may be used by Isha for business purposes.
You may choose how long Your Data, including Patient Recordings, is retained in the Platform. After your specified retention period, Isha will delete the data, except as required for backups.
You agree to pay fees for your subscription plan as outlined at registration. Isha reserves the right to update fees with notice, and new fees will take effect at the start of your next subscription period.
By using the Platform, you agree to:
Isha reserves the right to suspend or terminate your access to the Platform for violating these rules.
The Platform is available only to individuals 18 years or older. If you are under 18, you must not use the Platform.
We welcome feedback, comments, and suggestions for improvements to the Platform. By submitting feedback, you grant Isha the right to use your suggestions without compensation.
The Platform is provided "as is" without any warranties. Isha disclaims all warranties, including merchantability and fitness for a particular purpose. Isha is not liable for any damages resulting from the use of the Platform, and your damages are limited to $100 or the fees paid in the last three months.
The Platform may contain links to third-party websites ("External Sites"). Isha is not responsible for the content of External Sites, and you access them at your own risk.
You represent and warrant that you have the necessary rights and permissions to provide Your Data to Isha and that you have obtained proper consents from individuals whose information is included.
You agree to indemnify Isha and its affiliates against any claims arising from your or your Authorized Users' breach of this Agreement, misuse of the Platform, or violation of third-party rights.
The Platform is based in the United States, and you are responsible for complying with the laws of your jurisdiction when using the Platform.
Your right to access the Platform begins upon acceptance of these Terms and will continue for the duration of your subscription plan. Isha may terminate or suspend your access to the Platform at any time. Upon termination, specific sections of this Agreement will remain in effect.
Disputes arising from these Terms will be resolved through binding arbitration under the Federal Arbitration Act. You waive the right to a jury trial, except for small claims cases. Arbitration will be conducted by JAMS in accordance with their rules, and any decision made by the arbitrator will be final.
You agree that disputes will be resolved individually and not as part of a class action or representative proceeding.
Isha is entitled to seek injunctive relief to protect its intellectual property rights. You consent to the jurisdiction of California courts for any such actions.
This Agreement is governed by the laws of California, and any disputes will be resolved in California courts.
You may not assign your rights or obligations under these Terms without Isha’s written consent. This Agreement constitutes the entire agreement between you and Isha and supersedes any prior agreements.
