Terms of Service

Updated: October 18, 2021

These Terms of Service govern Guava's relationship with you as you interact with Guava's services. By using Guava's services, you agree to these terms.

The Services are provided by Guava Health, Inc. ("Guava"), a Delaware corporation in the United States. Your agreement to these terms is between you and Guava.

When we say Guava, Guava Health, "we", "us", or "our", we mean Guava Health, Inc. and its associates.

You must be at least 13 years old to use our services. If you are under 13, you can still have a Guava account and profile, but your legal parent or guardian must manage it. If you do not live in the USA, your government may have different age limits for an online health account. By using Guava, you agree you meet the age minimum and have the legal right to enter into this contract with Guava.

Your experience will change over time while using Guava because we actively develop our services to improve them. We will sometimes add or remove features and raise or lower limits on our services. You will be notified by email or in the app when we think a change will greatly affect your use of Guava.

You agree to follow all applicable laws while using our services. You also agree not to abuse or disrupt our services by using them in a way we did not clearly intend.

By uploading or importing data to Guava, you agree that you have a legal right to use that data in the way you choose to while using Guava. This includes sharing it with us and with anyone else you choose.

If you upload your own creative or non-public data into Guava, this data remains yours. You grant Guava a worldwide, non-exclusive, royalty-free license to use your data to operate and improve our services. This license lasts as long as you keep a Guava account and do not delete all of your data.

The services provided by Guava are protected under U.S. and other laws. This includes copyright, trademark, and other law that covers our website, applications, look and feel, writing, software, and other material. You have a limited license to use Guava that's non-exclusive, non-transferable, and non-sublicensable. Your use and license do not transfer any intellectual property rights to you.

We communicate with you to provide the services. This includes updates about your account and new features. Some emails or other messages are so important that we will always send them, such as login and security emails. Some messages are optional, such as weekly summaries and product news. We give you an easy way to turn these off at any time.

You may connect patient portals, fitness apps, and other third party services to your Guava account. By doing so, you agree that we may obtain and store all health or other information these third parties send us. Third parties may let you choose which data you share when connecting to Guava, but Guava does not fully control which data is sent. You are in full control and can always delete your data from Guava.

We cannot guarantee that third party data is accurate, legal, complete, or up to date. This includes the services you connect and any documents you upload to Guava. We will use reasonable effort and skill to improve the quality and display of data when we can. But, our efforts won't be perfect and may sometimes result in errors. Always consult a qualified medical professional before you act on your health data. Always double-check with your healthcare provider if your info seems wrong.

Guava's services are not intended to provide medical advice. Guava is built to organize and find information. We sometimes show the public advice of health authorities, such as daily step counts from the CDC. This is public data for your convenience, not advice from Guava. You should talk to a qualified medical professional before acting on your health.

Our warranty is to provide our services with reasonable skill and care. Beyond this, the only commitments we make to you are those provided by applicable law. We make no further commitments regarding our services, including any implied warranties or fitness for particular purpose.

To the extent permitted by law, Guava won't be responsible whether in contract, tort, or otherwise for certain damages. These include any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages. They include but are not limited to loss of profit, revenue or business. They may arise in whole or in part from the service or this agreement, even if Guava has been advised of the possibility of such damages. To the extent permitted by law, you'll indemnify Guava and its directors, officers, employees, and contractors from any use by you of our services that violates these terms of service. This indemnity covers all possible liability and expense allowed for by applicable law.

We may temporarily or permanently disable your access to our services if you breach these terms of service. In such a case, we will refund any payment for services you have not yet received, either pro-rated or in full.

California law will govern all disputes relating to these terms of service to the extent allowed by applicable law. Any action brought relating to these terms or the services provided by Guava must be brought in the state or federal courts of California.

To understand how Guava uses personal information and other data, see our Privacy Policy.

If any term in these terms of service ends up being invalid or not enforceable under applicable law, the other terms will not be affected.

We will change these terms of service and our privacy policy over time. When changes occur, they will take immediate effect unless we say otherwise. You will be notified by email or in the app when we believe a major change is relevant to your use of our services. If we ever make fundamental changes like sharing your data to a new class of 3rd parties, your account and data will not be affected until you explicitly agree to them within the Guava app.