Terms Of Use
Last updated 5 November 2024
VerseTech LLC (“Eclara”, “We”, “Us”, “Our”) invites you to review these Terms of Use along with our Privacy Policy and any other related documents we incorporate by reference. These Terms outline the conditions under which you, and any users you authorize under your account, can access and use our products and services, including those provided by our Third-Party Partners (“Terms of Use”, “Agreement”). Our offerings include the Eclara application (“App”), our websites (https://eclara-mobile.web.app,“Websites”), and any services provided through the App or our customer support (“Services”) or by third-party service/content providers (“Third-Party Providers”).
Please review these Terms of Use carefully before using our App, Websites, or Services, or authorizing any users under your account to do so. By registering or using these products and services, you confirm that you are at least 18 years old and agree to adhere to these Terms on your own behalf and for any authorized users. If you do not agree to these Terms of Use, please do not access or use the App, Websites, or Services.
We may update these Terms of Use from time to time, so please check them periodically for changes. We reserve the right to modify these Terms of Use at any time.
The Platform is operated by Verse Tech LTD ("We, Eclara, company"). We are registered in England and Wales under company number 14818084 and have our registered 26 Moore House, 2 Gatliff Road, London, SW1W8DT United Kingdom.
App, Features, and Content Are Not Intended as Medical Advice, Diagnosis, or Treatment
1. No Medical Advice
Eclara is not a licensed healthcare provider and the App is not intended to replace professional medical advice, diagnosis, or treatment, nor should it be used as a method of birth control or contraception. Always consult a licensed physician or other qualified healthcare provider before making decisions or taking actions that could affect your health or safety, or that of your family or fetus. Do not disregard professional medical advice or delay seeking it because of information you read through the App. If you have any concerns about your health or notice changes in your condition, consult with your healthcare professional. In case of a medical emergency, call emergency services or go to the nearest emergency room immediately.
2. Limitation of Liability
We disclaim all liability for errors or omissions, unintended technical inaccuracies, or typographical errors in the materials provided, as well as for any breach of ethical or moral standards related to sexual education and related content applicable in your community.
3. Translation Accuracy
Some translations on Eclara’s App or website are powered by machine learning and artificial intelligence. Eclara disclaims all warranties related to these translations, whether express or implied, including any warranties of accuracy, reliability, or fitness for a particular purpose and non-infringement.
1. General Provisions
1.1. Use of the App, Websites, and Services
Eclara provides the App, Websites, and Services to assist users in understand their migraine condition. Our App, Websites, and Services require your active engagement and participation. Please be aware that individual results may vary, and we cannot guarantee that you will successfully understand your condition or be responsible for any health issues that may arise while using our App, Websites, or Services. We may also utilize third parties, either wholly or partially, to provide our products and services.
1.2. Registration
To use the App, Websites, and Services, you must register and provide certain information about yourself. All information collected in connection with the App, Websites, and Services is governed by our Privacy Policy. By using the App, Websites, and Services, you consent to our handling of your information as described in the Privacy Policy.
You will receive a user account that requires a username (email address), phone number and password. You are responsible for all activities that occur under your user account. You must: (i) ensure the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use best efforts to prevent unauthorized access to or use of the App, Websites, and Services, and notify Eclara promptly of any unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the App, Websites, and Services.
1.3. Term
This Agreement will commence upon your successful registration and activation of the App, Websites, and Services by Eclara and will continue until you cease using the App, Websites, or Services, unless otherwise specified at registration. For components with a limited term, this Agreement will automatically renew for successive equivalent terms unless terminated by either party as allowed herein.
1.4. Termination
(I) Eclara reserves the right to refuse activation of a user for any reason and may suspend or terminate your access to the App, Websites, and Services if you (a) breach any term of this Agreement, or (b) engage in conduct that Eclara, at its discretion, believes may negatively impact the App or its reputation.
(II) You may terminate this Agreement at your convenience by providing written notice to Eclara or its Third Party or by following the applicable cancellation process. Eclara may terminate for convenience with sixty (60) days written notice.
(III) Upon termination, you will lose access to the App, Websites, and Services. In addition to termination, Eclara reserves the right to pursue all available remedies.
1.5. Intellectual Property
Except for the limited rights expressly granted to you under this Agreement, all rights, titles, and interests in the App, Websites, and Services—including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, Eclara or Third Party hardware, and associated technology—are the exclusive property of Eclara and/or the applicable Third Parties.
1.6. Confidentiality
We will handle and protect your personal information as outlined in our Privacy Policy. You agree not to disclose any confidential information of Eclara, including but not limited to non-public software information, documentation, pricing, discounts, Agreement terms, and any competitive or proprietary data without Eclara’s written consent.
1.7. Non-Confidential Information
Communications or materials you send to us through the App, Websites, or Services, such as questions, comments, or suggestions, will be considered non-confidential. We are free to use any ideas, concepts, or techniques contained in such communications for any purpose, including developing, manufacturing, and marketing products.
1.8. Trademarks
The trademarks, graphics, and logos used in connection with the App, Websites, and Services are the property of their respective owners. You are granted no rights or licenses with respect to these trademarks, and any unauthorized use is prohibited. All content on the App, Websites, and Services is owned by Eclara, its service providers, or other Third Parties, and is protected by intellectual property laws. Reproduction, distribution, or public display of this content is strictly prohibited without prior written consent from Eclara or the applicable owner.
1.9. Disclaimer and Limitation of Liability
The App, Websites, and Services are provided “as is” and your use is at your own risk. Eclara’s liability is limited to cases of intentional misconduct or gross negligence and does not extend to ordinary negligence. The company is not liable for physical damage or health-related issues for which Eclara is responsible. Liability is also limited to agents of Eclara. We disclaim all warranties, including implied warranties of title, merchantability, fitness for a particular purpose, and accuracy. No oral or written advice from the company will create a warranty.
Except where prohibited by law, Eclara, its officers, directors, employees, agents, contractors, and third-party providers are not liable for any (1) amounts exceeding fees paid during the applicable term, or (2) indirect, incidental, special, or consequential damages arising from your use of the App, Websites, or Services, including reliance on information obtained from them.
1.10. Links
Eclara is responsible only for its own content. We are not liable for third-party content accessed via links provided by us. If you believe any content violates your rights, please report it to general@versetech.team.
2.1. Responsibility for Submissions
Any content you submit through the App is governed by Eclara's Privacy Policy. If you submit a question or response, you are solely responsible for your communications, their consequences, and your reliance on any content found in public areas. Eclara and its licensors are not liable for the results of communications in these public areas. If you feel threatened or believe someone else is in danger, contact local law enforcement immediately. In the event of a medical emergency, seek immediate assistance from your doctor or emergency services. As a condition of using the App, you agree not to engage in activities prohibited by this Agreement. You are responsible for all activity associated with your use of the App and must comply with all applicable laws and regulations.
2.2. Prohibited Actions
You agree that taking any of the following actions constitutes a material breach of this Agreement and you SHALL NOT:
2.2.1. Resell, rent, lease, loan, sublicense, distribute, or transfer rights to the App;
2.2.2. Modify, reverse engineer, decompile, or disassemble the App;
2.2.3. Copy, adapt, alter, modify, translate, or create derivative works of the App without Eclara's written authorization;
2.2.4. Allow others to use the App, including via shared network access, except as permitted by this Agreement;
2.2.5. Circumvent or disable any technological measures protecting intellectual property rights in the App;
2.2.6. Use the App with any device, program, or service designed to bypass access controls or rights management for copyrighted content;
2.2.7. Compile data from the App for use by competing products or services;
2.2.8. Use your Account for advertising, soliciting, or transmitting commercial messages, including chain letters, spam, or repetitive messages;
2.2.9. Engage in any illegal activities using your Account;
2.2.10. Upload or transmit communications that infringe on any party’s rights;
2.2.11. Upload media containing hate speech, abusive content, offensive images, obscenity, pornography, or any material that may incur civil or criminal liability or conflict with this Agreement or Eclara's Privacy Policy;
2.2.12. Upload material containing viruses or malicious code designed to disrupt, damage, or limit the functionality of any software, website, or the App;
2.2.13. Use predicted fertile windows or ovulation estimates as a method of birth control or to facilitate conception;
2.2.14. Use data, content, or features from the App to diagnose, treat, or manage any health conditions.
Any violation of these prohibited uses will result in the immediate termination of your license to use the App. Eclara grants permission to use the App on the condition of adherence to this Agreement. If you breach these Terms, your permission to use the App will be revoked.
3.1. Grant of License
Eclara grants you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App for personal, non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, designs, icons, images, or other content obtained from the App without Eclara's prior express written permission, which may be withheld at Eclara’s discretion. You also agree not to download, display, or use any content from the App provided by Eclara or its licensors for any commercial purposes, public performances, or on other websites, nor use it in a manner that could cause confusion, disparage or discredit Eclara or its licensors, dilute the strength of Eclara’s or its licensors' intellectual property, or otherwise infringe upon their rights. You further agree not to misuse any content published by Eclara or third-party content that appears on the App.
3.2. Reservation of Rights
All rights, title, and interest in the App not expressly granted by this Agreement are reserved by Eclara. To use Eclara’s software, trade names, trademarks, service marks, logos, domain names, or any other identifying features or content, you must obtain written permission from Eclara. Permission requests can be sent to general@versetech.team.
3.3. Ownership of Content
To clarify, Eclara owns all text, images, photos, audio, video, location data, software, code, and other data or communications created and made available in connection with the App, including visual interfaces, interactive features, graphics, design, compilations of User Content, aggregate user reviews, and all other elements and components of the App (collectively referred to as “Eclara’s Content”). Except as expressly provided in this Agreement, no other rights are granted, and all rights in and to the App and Eclara’s Content are retained by Eclara.
4.1. User Content License
The App allows you to input personal notes, share stories, post or upload content, and log information (“User Content”). You retain all rights to the User Content you provide. By submitting User Content to the App, you grant Eclara a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, create derivative works from, incorporate into other works, reformat, and distribute your User Content in connection with operating the App and related services, and for Eclara’s promotional purposes (e.g., on Eclara’s website, within the App, in social media, or on any other internet platform), subject to the Privacy Policy. You also agree to indemnify and hold harmless Eclara and its affiliates, directors, officers, and employees from any claims and expenses, including attorneys’ fees, arising from User Content or your failure to comply with this Agreement.
4.2. Review and Removal of User Content
Eclara reserves the right to review all User Content before it is posted to the App and to remove any content or media for any reason, at any time, without prior notice, at Eclara’s sole discretion.
All content posted by users of the App, including but not limited to text, images, and media ("User-Posted Content"), is the sole responsibility of the individual who posted it. Eclara does not review or endorse User-Posted Content and is not responsible for any errors, inaccuracies, or omissions in such content. Users are solely responsible for any consequences resulting from the posting, sharing, or use of User-Posted Content. Eclara disclaims any liability related to User-Posted Content and does not guarantee the accuracy, legality, or appropriateness of such content.
5. Use at Your Own Risk
5.1. Our objective is to provide health-related information that is accessible and useful to you. However, the App cannot and does not guarantee improvements or outcomes related to health.
5.2. The use of the App, including any information, predictions provided through it, is entirely at your own risk. We make no representations or warranties regarding the accuracy of the data, information, estimates, or predictions provided by the App. You acknowledge and understand that the App is not intended to serve as a substitute for medical or scientific devices or healthcare providers.
6. Third-Party Websites and Advertising Services
Please note that our App, Websites, and Services may include links to third-party websites, such as Facebook, Google, Braze, Amazon, and Apple. When you follow these links (e.g., to facebook.com), you are leaving our platform and entering another website. We do not control these third-party sites, and our Privacy Policy does not apply to their practices. We encourage you to review the privacy policies of any third-party sites you visit, as their policies may differ significantly from ours.
Additionally, some advertisements on our App, Websites, and Services are managed by third-party advertisers, ad networks, ad servers, and/or Google. These third parties may use cookies, web beacons, or other tracking technologies to gather information about your interactions with our App, Websites, and Services. This data may be used to deliver personalized (behavioral) advertising based on your activity. We do not control these third parties' tracking methods or their use. For inquiries about specific advertisements, please contact the respective advertiser directly.
7. Email Communications
Please avoid sending personal health information via email. We cannot ensure the security of such information sent through email, as it may be accessible by other internet users. If you need to send us a question by email, we will use and disclose the information only to the extent necessary to respond to your inquiry.
8. De-Identified Information
Occasionally, we may share de-identified aggregate statistical information with customers or business partners to help them improve their services (e.g., by analyzing patterns, usage, and trends). This information may be shared with you or other users but will not identify any individual personally. We ensure that de-identified data cannot be used to identify individuals and will not be used for marketing purposes beyond those described.
De-identified information is data stripped of personal identifiers, making it impossible to trace back to any specific individual. Aggregate information combines data from multiple users to generate statistics on usage patterns and demographics, which helps us understand community needs and develop relevant services. We may provide aggregate statistical information to third parties, but it will always be anonymous.
9. Locator Information
Locator information includes details such as your name, electronic messaging address, physical address, and other data that can personally identify you. We may use locator information as necessary to enforce the terms of this Privacy Policy.
10. Law Enforcement and Protection of Users and the Site
As permitted by law, we may disclose personal information to governmental authorities or third parties in response to legal requests, subpoenas, or other legal processes. We may also use or disclose your personal information as allowed by law to enforce this Privacy Policy, protect our rights and interests, or those of our affiliates, customers, or users of our App, Websites, and Services. Once disclosed, your personal information may be accessible to others as required by applicable laws.
11.1. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of Delaware, U.S.A. (to the exclusion of its conflict of law rules).
12. Questions, Complaints, and Comments
12.1. For any comments, questions regarding the App, issues with these Terms of Use, or if you need support, please reach out to us at general@versetech.team.
12.2. We expect our staff to interact with you politely and respectfully, and we ask that you do the same. If you are rude, abusive, or threatening toward our staff, we may restrict your communication to email or cease providing support. Additionally, if your behavior poses a risk to our staff, community, or business, we may suspend your account and escalate the issue to law enforcement.