The mobile app Caria is owned in full by Chorus Health Inc., with trading name Chorus Health, (“Chorus Health” or “Chorus”, “we”, “us”, “our”), which is a registered company in Delaware and registered office at 1015 Fillmore St #13983, San Francisco, CA 94115. Chorus Health provides access to the Websites located at hellocaria.com, Chorushealth.ai, Chorushealth.io, Hellocaria.com, Hellocaria.ai, and all sub-domains, (the “Site”) and our app Caria located on the Apple app store (the “App”), subject to your acceptance of these Terms and Conditions of Use (“Terms”). These Terms apply to you when you access and use our Site and App. If you have any questions about these Terms or using the Site, feel free to contact us at support@hellocaria.com
Privacy
Chorus Health is committed to protecting your privacy. Please review our Privacy Policy to see what personal information we may collect and how we use it.
Acceptance of Terms of Site and App Use
You understand that Chorus Health does not guarantee that anything on the Site or App will be free of infection, viruses or other items that might damage or interfere with your computer, data or personal information. You may not do anything that interferes with the operation of the Site or App, such as hacking or spamming.
Arbitration (This Arbitration Provision Is for the U.S. Only)
Any legal controversy or claim arising from or relating to this Agreement and/or our Website and Products, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Products, will be settled solely by binding arbitration following the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Wilmington, Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Wilmington, Delaware, necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction (This Provision Is for the U.S. Only)
This Agreement will be treated as if it were executed and performed in Wilmington, Delaware, and will be governed by and construed following the laws of the state of Delaware without regard to conflict of law provisions. Also, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you about our Website, Products, or mobile applications must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
General Disclaimer
You should consult your physician or other health care professional before starting the program on the App or any other program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity.
Do not start this program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.
The App offers health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on the App is solely at your own risk.
Developments in medical research may impact the health, fitness and nutritional advice that appears on the App. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
Certain health or medical material on the App may be sexually explicit. Please do not use the App if you would find these materials offensive.
Physical Activity Notice
The Caria App includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Chorus Health, the maker of the App, is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.
The content on the App is not a substitute for professional medical care and diagnosis. The information, products and services available on or through the App are not intended to be a substitute for professional or medical advice. The information and exercises provided by the App should not be followed without clearance from your physician or health care provider. Your use of the App, including participation in nutrition, meal, and exercise programs, is solely at your own risk.
Medical Disclaimer
Chorus Health is a provider of online and mobile content in the health & wellness space. We are not a health care or medical device provider, nor should content and features provided in our App be considered medical advice. Only your physician or other health care provider can offer that. While there is third party evidence from research that Cognitive Behavioral Therapy can help alleviate menopause-related symptoms and mindfulness techniques can combat stress and anxiety, Chorus Health makes no claims, representations or guarantees that the App provide a health-related or therapeutic benefit. Our App should not be used as a medical device or in place of professional medical advice, as a substitute for proper and personalized professional medical advice or be used to make decisions about your health. We also cannot answer any medical queries either through the App or via email or any other means.
Any advice or other materials in the App or Site are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your care or healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the App or Site.
End User Agreement
Subject to the terms of this license agreement, Chorus Health grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the App.
The App contain or embody copyrighted material, proprietary material or other intellectual property of Chorus Health or its licensors. All right, title and ownership in the App remain with Chorus Health or its licensors, as applicable. The rights to download and use the App are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
You agree that you will not assist or permit any third party to:
- Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the App in any way, or create derivative works of the App;
- Use the App or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
- Rent, lease, loan, make available to the public, sell or distribute the App in whole or in part;
- Tamper with the App or circumvent any technology used by Chorus Health or its licensors to protect any content accessible through the App;
- Circumvent any territorial restrictions applied to the App; or
- Use the App in a way that violates this License Agreement or the other Terms.
You may not make the App available to the public. The App made available (in whole or in part) are owned by Chorus Health and your use of them must be in accordance with these Terms.
Intellectual Property – Copyright, Trademark and Disclaimer Notices
The contents of the Site and App, such as text, design, graphics, logos, trade dress, audio clips, video, games, photographs, software, experiences, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Chorus Health and its business partners, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Chorus Health and its business partners, or other respective owners that have granted Chorus Health the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. You may print and download the Content solely for your personal, non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Chorus Health. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Chorus Health or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Chorus Health copyright.
The “Chorus Health” name and signature and the “Chorus Health” name and logo are registered trademarks of Chorus Health Inc and used under license by Chorus Health.
Future Functionality
You agree that your purchase of the Licensed Application is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Chorus Health regarding future functionality or features.
Unsolicited Submission of Ideas
Neither Chorus Health nor any of its employees accepts, invites or considers under any circumstances unsolicited submissions of ideas, creative suggestions or proposals, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, packaging or other materials related to our products, product enhancements, processes, materials, marketing plans, research related to our business, business operations or new product names. This policy is intended to avoid disputes in the event that Chorus Health products or marketing strategies seem similar to ideas submitted to Chorus Health or its employees.
The following terms shall apply to any unsolicited submission regardless of any statement included in accompanying material: Except as governed by our Privacy Policy, all ideas included in any unsolicited submission will automatically be treated as non-confidential and non-proprietary and will become the sole property of Chorus Health without any compensation whatsoever. Chorus Health and its affiliates will have no obligations with respect to such submissions and will destroy such submissions upon receipt. Nothing restricts Chorus Health from independently developing any idea, however similar to any submission. Anyone who submits an unsolicited idea, suggestion or proposal to Chorus Health thereby waives any right, title and interest in the content of such submission and agrees not to assert any claim of ownership in that content against Chorus Health.
No Warranties
Please understand that you assume total responsibility and risk when you use our Site, App, and the Internet. The Site and App are provided on an “as is” and “as available” basis. Chorus Health does not make any express or implied warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site Content, any services provided through the Site or on the Internet. We expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on our Site or App, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
External Links
We have not reviewed all of the sites linked to in the App or on the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by Chorus Health. Use of any such linked website is at the user’s own risk.
Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Chorus Health. Competitors are not permitted to use or access any information or content on our App. If you breach this provision, Chorus Health will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@hellocaria.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Indemnification
You agree to indemnify and hold harmless Chorus Health from any and all liabilities, penalties, claims, causes of action and demands brought by third parties (including the costs, expenses and attorney’s fees on account thereof resulting from your use of the Site) whether based in contract or tort (including strict liability) and regardless of the form of action.
Changes to Our Agreement
We reserve the right to change this Agreement at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Products after any change to this Agreement and our telling you will constitute your acceptance of such change. If you do not agree with the changes to this Agreement, you can choose to discontinue the use of our Site, App and Products.