Terms of Service

Updated: October 18, 2021

Introduction

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.

Age

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.

Conduct

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.

Your Content

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 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.

Communication

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.

Medical Advice

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.

Liability

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.

Governing Law

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.

Privacy

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

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.
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 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.