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Terms of Use

End User License Agreement (EULA) for Bergance

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Last Updated: December 18, 2024

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This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Bergance, Inc. ("Company," "we," "us," or "our"). This Agreement governs your use of the Bergance mobile application, including all related services and documentation (collectively, the "Application"). The Application is licensed, not sold, to you.

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1. Acceptance of Terms

By downloading, installing, or using the Application, you:

  • Acknowledge that you have read and understand this Agreement.

  • Represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

  • Accept this Agreement and agree to be legally bound by its terms.

If you do not agree to these terms, do not download, install, or use the Application.

 

2. License Grant

Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to:

  • Download, install, and use the Application for your personal, non-commercial use on a mobile device owned or controlled by you.

  • Access and use the content and services made available through the Application strictly in accordance with this Agreement.

 

3. Subscription Plans

The Application offers the following subscription plans:

  • Free Plan: Access to the "See a Doctor" feature, allowing you to schedule meetings with your provider.

  • Starter Plan: Includes all features of the Free Plan, plus access to care plans created by your provider and the ability to create health logs.

  • Essential Plan: Includes all features of the Starter Plan, plus access to the Community Care Network, enabling you to join a community of patients and share experiences.

By subscribing to any of these plans, you agree to the associated fees and terms.

 

4. License Restrictions

You agree not to:

  • Copy, modify, or create derivative works of the Application.

  • Reverse engineer, decompile, or attempt to extract the source code of the Application.

  • Remove or alter any proprietary notices or labels on the Application.

  • Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the Application to any third party.

  • Use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement.

 

5. User Data and Privacy

Your use of the Application is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Application, you consent to the data practices described in our Privacy Policy.

 

6. Updates and Changes

The Company may, from time to time, develop patches, bug fixes, updates, upgrades, and other modifications to improve the performance of the Application ("Updates").

These may be automatically installed without providing any additional notice or receiving any additional consent.

You agree to receive such updates as part of your use of the Application.

 

7. Termination

This Agreement is effective until terminated by you or the Company.

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement.

Upon termination, you must cease all use of the Application and delete all copies from your device.

 

8. Disclaimer of Warranties

The Application is provided "as is" and "as available," without warranty of any kind.

To the maximum extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Application.

  • Any unauthorized access to or use of our servers and/or any personal information stored therein.

 

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law principles.

 

11. Contact Information

If you have any questions about this Agreement, please contact us at support@bergance.com.

By downloading, installing, or using the Application, you acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions.

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