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, 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.

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 as well as increase or decrease limits to our service. You will be notified by email or in the app when we believe a change will substantially affect your usage of Guava.

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 with.

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 unless you explicitly tell us to share with them, such as by clicking a share button in the Guava app. Guava uses some 3rd parties to process your data in order to deliver the Services to you, but this data is not shared with them (their employees cannot see it) and they have no rights to use it. This includes the cloud services that Guava uses to store and manipulate data, such as AWS, Cloudflare, and OpenAI. Your data is always processed with minimal visibility such as by encrypting it at rest and in transit, or by only using brief "in-memory" processing which does not actually store your data.

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 important enough 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.

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 with your healthcare provider if your information seems wrong.

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.

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 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.

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.

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

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.

We will change these terms of service and our privacy policy over time and when changes occur they will be effective immediately unless explicitly stated 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 subject to the new changes until you have explicitly consented to the changes within the Guava app.