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 of America.
Your agreement to these terms is between you and Guava Health, Inc.
When we say Guava, Guava Health, "we", "us", or "our", we mean Guava Health, Inc. and its associates.
You must be 13 years of age or older to use our services. If you are under 13 then you can still have a Guava
account and profile, but it must be managed by your legal parent or guardian. If your country of residence is not
the USA, then your government may dictate different age restrictions for managing your own online
account containing personal health information and by using Guava you certify you meet this age minimum. You agree
that you are of legal age or otherwise have legal authority to enter into this binding contract with Guava.
Change of Experience
Your experience will change over time while using Guava because we constantly develop our services and
strive to make continual improvements. We will sometimes add or remove
features and/or functionalities and increase or decrease limits to our service.
You agree to follow all applicable laws while using our services and you agree not to abuse or otherwise disrupt
our services by interacting with them in a way we did not clearly intend.
By uploading or otherwise importing data into Guava, you agree that you have a legal right to use that data in the
ways you choose to while using Guava, including sharing that data with us and with anyone else you choose to share
If you upload your own creative or non-public factual data into Guava, this data remains yours. For as long as you
maintain an active account and do not delete all of your data, you grant Guava a worldwide, non-exclusive,
royalty-free license to use your data for the purpose of operating and improving our services. Guava will not
share your personally identifiable data with any 3rd party you do not explicitly tell us to share with.
Guava's Intellectual Property Rights
The services provided by Guava, including the contents of any website or other
application, including its appearance, editorial information, notices, software, and other
material, are protected under applicable United States and other applicable copyright,
trademark, and other laws. Your use of the services provided by Guava are subject to a
limited, non-exclusive, non-transferable, non-sublicensable license to access and use
such services. Such services are provided without any transfer of intellectual property rights to you.
We communicate with you in order to provide the services including updates about your account and announcements
about new functionality. Some emails and other communications are so important that we will send them to you no
matter what as long as you have an active account, such as login and security emails. For optional communication
such as weekly summaries and product announcements, we will provide an easy option for you to disable these
at any time. We will not make you wait 10 days for your communication preferences to be updated, and we
recommend that you discontinue use of any company that makes you wait this long.
Third Party Data
By connecting your patient portals, fitness apps, or any other third party services to your Guava account,
you are authorizing us to obtain and store all health or other information this third party sends to us.
Third parties will often allow you to customize which exact data you share when connecting to Guava, but this is
not guaranteed and we don't have direct control over which data is sent to us. However, you are in full control and
can always delete your data from Guava.
We cannot guarantee the quality, accuracy, legality, completeness, or timeliness of data that comes from
third parties, including both
the services you connect via login and any documents that 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 will still be imperfect and may
occasionally result in inaccuracies. Always consult a qualified medical professional before you take actions
regarding your health data, and always double-check information you believe to be suspect. It is not uncommon
for healthcare systems to contain inaccurate or misleading information.
Guava's services are not intended to provide medical advice. Guava is designed to organize and retrieve information,
and we sometimes cite the publicly available recommendations of health authorities such as recommended daily step
counts by the CDC. These should be interpreted as convenient information retrieval from public sources, not as
advice from Guava. You should talk to a qualified medical professional before taking actions regarding your health.
Commitments and Warranty
Our warranty is to provide our services with reasonable skill and care. Beyond this, the only committments
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 any indirect,
special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss
of profit, revenue or business, arising 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.
Disabling your Access
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 permissible by applicable
law. Any action brought relating to these terms or relating to the services provided by Guava must be brought
in the state or federal courts of California.
About these Terms
If any specific term in these terms of service ends up being invalid or unenforceable under applicable law,
the other terms will not be affected.
effective immediately unless explicitly stated otherwise.
You should check these terms of service over time to maintain your knowledge
of them, but we will make a reasonable effort to notify you 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 subject to the new changes until you have explicitly consented to the
changes via email, within the Guava app, or by another contact method we have on file.