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Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP AND RELATED WEBSITES, CALLED “SITE” FROM HERE ON.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

eBeauti may revise and update these Terms and Conditions at any time. Your continued use of the eBeauti.ai website constitutes acceptance of those changes.

The Site Does Not Provide Medical Advice

The contents of the EBEAUTI Site, such as text, graphics, images, and other materials created by EBEAUTI or obtained from EBEAUTI’s licensors, and other materials contained on the EBEAUTI Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider via telehealth with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the EBEAUTI Site or produced by its EBEAUTI Artificial Intelligence (AI).

If you think you may have a medical emergency, call your doctor or 911 immediately. EBEAUTI does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by EBEAUTI, EBEAUTI employees, others appearing on the Site at the invitation of EBEAUTI, QPatch.AI, EBEAUTI RPM, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from anyone we know is a child under 13.

Use of the Content

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. EBEAUTI authorizes you to view, search for information and vital signs via AI called MedGenie and GPheart trained by EBEAUTI-licensed physicians, or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: eBeauti Healthcare Technologies, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the EBEAUTI Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with EBEAUTI or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of EBEAUTI. All rights not expressly granted herein are reserved to EBEAUTI and its licensors. Certain Content on this EBEAUTI Site is licensed under the issued U.S. Patent No. 0140276552A1 and US11969577B1

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any portion of the Content.

Liability of EBEAUTI and Its Licensors

The use of the EBEAUTI Site and the Content is at your own risk.

When using the EBEAUTI Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of EBEAUTI and its suppliers. Accordingly, EBEAUTI assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the EBEAUTI Site.

The EBEAUTI Site and the Content are provided on an "as is" basis. EBEAUTI, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, EBEAUTI, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, links, or communications provided on or through the use of the EBEAUTI Site (i.e., EBEAUTI.AI). 

  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools concerning the Content contained on the EBEAUTI Site. 

  3. The Patents and FDA clearance of technology partners, including contactless facial RPM AI and other tools. 

In no event shall EBEAUTI, its licensors, its suppliers, or any third parties mentioned on the EBEAUTI Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the EBEAUTI Site, partnering AI tools and applications, or the Contents created by partnering AI platforms, whether based on warranty, contract, tort, or any other legal theory, and whether or not EBEAUTI, its licensors, its suppliers, or any third parties mentioned on the EBEAUTI Site are advised of the possibility of such damages. EBEAUTI, its licensors, its suppliers, or any third parties mentioned on the EBEAUTI Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. EBEAUTI, its licensors, its suppliers, or any third parties mentioned on the EBEAUTI Site are not liable for any personal injury, including death, caused by your use or misuse of the EBEAUTI Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The EBEAUTI Privacy Policy governs the personal information you submit to EBEAUTI. To the extent there is an inconsistency between this Agreement and the EBEAUTI Privacy Policy, this Agreement shall govern.

The EBEAUTI Site and App contains AI functionality, AI Tools, and other interactive areas, including blogs, knowledge base, user reviews of medical diagnostic, treatment and drug information via AI, user reviews on the physician-trained AI, wellness AI, RPM AI, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  They may then share their information via FHIR with their own physicians’ electronic health records (EHR).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation, Facebook, Twitter, Google Plus, YouTube, Instagram, TikToks, and Pinterest (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable policies, such as our EBEAUTI Reviews Guidelines.  EBEAUTI reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our EBEAUTI Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. EBEAUTI is not responsible for the operation, terms of use, or policies of any Social Media Platform. Before using any Social Media Platform, you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to EBEAUTI by email (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to EBEAUTI by email, you agree that such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to EBEAUTI by email or through the EBEAUTI Sites, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted-EBEAUTI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. EBEAUTI may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms, EBEAUTI Sites or by email. We aim to respond to every email promptly, but we are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like files, photos, videos, or audio) on the EBEAUTI Sites, EBEAUTI RPM app, or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities, and cartoon or comic images, are usually copyrighted by their owners.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address, or website URL) of you or of anyone else. If you submit personal information, you are doing so of your own choice to enable more automated care.  EBEAUTI has done all it can to protect your personal information and to comply with HIPAA’s policies and procedures, but will not be liable for your information being shared with other providers, unless you authorize it. Uploading media, such as images or videos of other people, without their permission, is strictly prohibited.

By uploading any media on the EBEAUTI Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant the rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations, or that otherwise may be in conflict with these Terms and Conditions, the EBEAUTI Advertising Policy, or the EBEAUTI Privacy Policy

You agree that you will not upload 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 this EBEAUTI site.

By uploading any media on the EBEAUTI Site or a Social Media Platform like a photo or video: (a) you grant to EBEAUTI a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes EBEAUTI to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify EBEAUTI and its affiliates, directors, officers and employees and hold them harmless from all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

EBEAUTI reserves the right to review all media before submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

EBEAUTI offers several tools to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your EBEAUTI passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of the sign-in name, screen name, and passwords; (2) authorize, monitor, and control access to and use of your EBEAUTI account and password; (3) promptly inform EBEAUTI if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" link located at the bottom of every page of our site. You grant EBEAUTI and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. EBEAUTI cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using EBEAUTI tools and services.

User Content Guidelines

If you use or post User Content on a Public Area such as blogs or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. EBEAUTI and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;

  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by EBEAUTI in its sole discretion;

  4. Posting advertisements or solicitations of business;

  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

  6. Posting chain letters or pyramid schemes;

  7. Impersonating another person;

  8. Distributing viruses or other harmful computer code;

  9. Harvesting, scraping, or otherwise collecting information about others, including email addresses, without their consent for posting or viewing comments;

  10. Allowing any other person or entity to use your identification for posting or viewing comments

  11. Posting the same note more than once or "spamming"; or

  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform, or the Site, or which, in the judgment of EBEAUTI, exposes EBEAUTI or any of its customers or suppliers to any liability or detriment of any type.

Reviews posted on the Physician Directory are further subject to the EBEAUTI Reviews Guidelines

EBEAUTI Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.

  2. Investigate an allegation that a communication does not conform to the terms of this section and determine, in its sole discretion, to remove or request the removal of the communication(s).

  3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

  4. Terminate a user's access to any or all Public Areas and/or the EBEAUTI Site upon any breach of these Terms and Conditions.

  5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.

  6. Edit or delete any communication(s) posted on the EBEAUTI Site, regardless of whether such communication(s) violate these standards.

EBEAUTI or its licensors have no liability or responsibility to users of the EBEAUTI Site or any other person or entity for the performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

EBEAUTI may provide links to third-party websites. EBEAUTI also may select certain sites as priority responses to search terms you enter, and EBEAUTI may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. EBEAUTI does not recommend and does not endorse the content on any third-party websites. EBEAUTI is not responsible for the content of linked third-party sites, sites framed within the EBEAUTI Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. EBEAUTI does not endorse any product, service, or treatment advertised on the EBEAUTI Site. For more information, read our EBEAUTI’s Advertising Policy and our Sponsor Policy

Indemnity

You agree to defend, indemnify, and hold EBEAUTI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

EBEAUTI is a Delaware corporation with principal offices in Phoenix, Arizona. EBEAUTI makes no claims that EBEAUTI, EBEAUTI Health Manager, or any Site within the EBEAUTI Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may be illegal for certain persons or in certain countries. If you access the EBEAUTI Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with EBEAUTI, or in any way relating to your use of the EBEAUTI Site, resides in the courts of the State of Arizona and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving EBEAUTI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without regard to its conflict-of-laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting EBEAUTI's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

  3. Your name, address, telephone number, and (if available) e-mail address.

  4. A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.

  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

EBEAUTI's agent for copyright issues relating to this website is as follows:

eBeauti AI, Inc.
Attn: Office of Privacy
Address: 2375 E Camelback Rd, Suite 600,  Phoenix, AZ 85016
info@ebeauti.ai

To protect the rights of copyright owners, EBEAUTI maintains a policy to terminate, in appropriate circumstances, subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the EBEAUTI Site, these Terms and Conditions and the EBEAUTI Privacy Policy constitute the entire agreement between you and EBEAUTI concerning the use of the EBEAUTI Site and Content.

Thank you for your cooperation. We hope you find the eBeauti.ai, EBEAUTI ™ app, and other EBEAUTI Sites helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: eBeauti AI, Inc., 2375 E Camelback Rd, Suite 600, Phoenix, AZ 85016, USA 

EBEAUTI Manager: Questions or comments regarding the EBEAUTI and eBeauti.ai website, including any reports of non-functioning links, should be directed by email via our online web form in the EBEAUTI Manager or by U.S. Mail to EBEAUTI Customer Service, 2375 E Camelback Rd, Suite 600, Phoenix, AZ 85016. Attn: EBEAUTI Manager, Member Services. We try to answer every email promptly, but due to volume, we may not always be able to do so.