Terms of Service

Last Update: January 16th, 2020

The following terms and conditions constitute an agreement between you and SideFacts (“us”, “our”, “we”) which operates www.sidefacts.live(the “Site”), a website, (the “Site”), and mobile application (the “App”), that uses crowdsourced medical data and patient records, submissions, reports and testimonials to offer statistical analyses, research and insights from the experiences of users that help patients and their caregivers make informed decisions about their health (together the “Service”). These Terms and Conditions of Use (“Terms”) govern your access and use of the Site and the Service, both as a guest visitor, user and as a registered member, as described below. “You” or “Your” means any user of the Service. By accessing or using the Site or the Service, you agree to be bound by the Terms set forth herein (this “Agreement”). For those users that enroll on the Site as registered members, the terms and conditions that are specifically applicable to registered members shall apply in addition to the general terms and conditions applicable to all users.

MEDICAL ADVICE DISCLAIMER

Access to healthcare professionals. SideFacts is not a health care provider and does not provide medical advice. All of the content published on the Site by us or by our users, or registered members, including text, diagnoses, treatments, dosages, outcomes, charts, patient profiles, patient testimonials, graphics, photographs, images, videos, advice, recommendations, messages, hyperlinks, forum postings, and any other content or material located on the Site are a reflection of the experiences shared by other users, or is provided and intended for general, educational and informational purposes only. SideFacts does not provide or constitute as professional or medical advice, diagnosis, treatment, consultation or healthcare service in any way and must not be relied upon as such. Even if another user and/or registered member seems to be a medical professional they are not in a position to provide a physical examination or to understand your full medical history. Therefore, you should always speak to a doctor or other healthcare professional about your condition and/or treatment and/or changes to your condition and/or treatment. The content published on the Site and the App cannot be used for medical decisions as it is a social and informational crowdsourcing network and is not a substitute for professional medical advice, treatment, proper diagnosis or the provision of advice by a qualified healthcare professional including, but not limited to, qualified mental health professional. The diagnosis and treatment of mental disorders requires the attention of a psychiatrist or other properly qualified mental health professional. We do not provide emergency medical services. Persons visiting the Site or App or using the Service assume full responsibility for the use of the Service and agree that SideFacts is not responsible or liable for any claim, loss, or damage arising from the use of the Services. SideFacts does not recommend or endorse any specific medications, tests, physicians, products, procedures, or opinions. Your reliance upon the information and content located on the Site or obtained or used by you as part of the Service is solely at your own risk. There is no guarantee that the content published is free from error or omission. Always seek the professional advice of your local physician or other qualified healthcare provider regarding any questions you may have concerning your health or the health of those under your care. Never disregard professional medical advice or delay seeking professional medical assistance because of something you have read on this Site. If you think you may have a medical emergency, or are having suicidal thoughts or ideations, call your doctor or emergency services immediately. Users of the Service warrant their understanding that use of these is meant as an exchange of information ONLY and no user expects or is expected to provide assistance in any situation, including but not limited to a potential emergency or dangerous situation. By using the Site and the App, the user and member explicitly warrant- their understanding that SideFacts is not able to provide assistance or care during this potential emergency and/or dangerous situation. USE OF THE SERVICE Informational and Crowdsourcing Service: The service is an informational and crowdsourcing platform which allows registered members to share information and experiences about their medical experiences through organized surveys and various interactive community pages, that get analyzed into general and more specified insights, which we may share with your community. You may not provide access to or use the Service or content thereof for the benefit of third parties or make commercial use of the Service or related content, but you may use the Service for your personal use subject to these Terms. Use of and access to the Service is void where prohibited. By accessing and using the Service, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service will comply with and does not violate any applicable law, regulation, order or guideline. SideFacts allows you to access and use the Service subject to the terms and conditions of these Terms for your own use only. The Service is not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed as informational only. Children under the age of 16 are prohibited from creating an account and becoming a member of SideFacts. By registering as a member, you are acknowledging that you are aged 16 or above. Information and about Relevant Clinical Trials. As part of the Service, SideFacts may contact you through the contact details you provided or during your use of the Services, for the purpose of informing you of clinical trials that might be relevant to you in accordance with our Privacy Policy. If you are interested in receiving more information or apply to such clinical trials, SideFacts may contact you and/or provide your contact details to the applicable third party conducting or otherwise administering participation in such the trial, subject to your explicit consent.

USE RESTRICTIONS

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of SideFacts’s or any other third parties' copyright, patent, trademark, trade secret or other intellectual property rights, privacy rights or other rights; (e) is or you reasonably believe or should reasonably believe to be illegal, fraudulent, false, inaccurate, misleading, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) is defamatory, libelous, threatening, abusive, hateful, obscene or indecent, or contains pornography; (g) promotes physical, mental or emotional harm or injury against any user of the Site or any group or individual; (h) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.; (i) transfer or assign your login credentials, even temporarily, to a third party. The software and technology underlying the Site and the Service is the property of SideFacts, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Service or the Site and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, crawler, scraper, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or password without permission.

MEMBERSHIP REGISTRATION

To access those portions of the Site and the Service reserved for registered users, you will need to register as a member and create a SideFacts account. As part of the registration process, and from time to time thereafter, and in order to enable SideFacts to manage the Service and better organize the different member communities on the Site, you will be asked to complete a broad survey about yourself or about the individual under your care. The purpose of these surveys is to establish a comprehensive personal profile for each patient that includes information about, among others, the patient’s personal biographic, demographic and geographic indicators, condition/disease diagnoses, current and past medical histories, symptoms, treatment plans and results. The information you share and submit with us in your registration survey and thereafter will be used by us to create an experience report, tailored to you as a registered community member. By registering as a member, you allow us to use your information, once de-identifed of any personal information for research purposes, including studies conducted by third parties. With your explicit consent, this report, including your SideFacts username and SideFacts profile picture, as chosen by you, may be shared by us with other members of your particular community who have similarly agreed to share their information and/or with the Super User. In this way, your membership allows you to use the Service, to access tools and content restricted to members and to publish personalized content on the Site in the particular communities relevant to you, all subject to these Terms and our Privacy Policy (which may be accessed at https://www.sidefacts.live/privacy and is hereby incorporated by reference). In order to maintain the integrity of our Service and ensure that our members’ user experience on the Site remains informative and useful, we require that persons seeking membership be either a (a) diagnosed patient of the particular community they are joining or a parent or legal guardian acting for such a patient who is under 18 years of age or is incapacitated, (b) caregiver for a patient eligible to join such community, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial interests for participating in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (e) guest as otherwise authorized by a SideFacts. We reserve the right to refuse to allow a user to open or maintain a member account, even if such user was already a registered member, and/or to delete a member account, for any reason at our sole discretion.

MEMBER CONTENT

We don't claim ownership of the content you provide on the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the Service. Registered members of the Service have access to certain community areas where registered members may post reports, reviews, messages, images, recommendation and other content, and chat privately with one another (“Member Experiences”). As a registered member, you are solely responsible for the content you post, and you own the copyright to all the original messages, images, or other content published by you on the Site. However, by publishing your Member Experiences on the Site or by otherwise incorporating your Member Experiences into the Service, you hereby grant to SideFacts, its parent, subsidiaries and affiliates a perpetual, irrevocable, transferable, royalty-free license and right to use, copy, display, perform, distribute, edit, modify, compile, translate and create derivative works of your Member Experiences, subject to these Terms and the terms of our Privacy Policy. If you share information on the service in a way that infringes others' rights, including privacy rights, you're breaching these Terms. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the information doesn't violate any law. We may remove your content, Member Experiences or information from the Service at any time if you breach these Terms. You are responsible for backing up the data that you store on the Site. If your account is cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the Service is cancelled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable. SideFacts takes reasonable measures to validate whether the content provided by registered members and/or users is fraudulent. However, we cannot review all such content before it is posted on the Site and/or the App, and cannot ensure the accuracy of the content, prompt removal of objectionable or fraudulent content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user, registered member or third party. We reserve the right to delete any Super User, user and/or registered member content or to choose whether or not display or refuse any of the Super User, registered member and/or user content information at any time without prior notice to you.

TERMINATION OF ACCOUNT

You agree that SideFacts may, for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, members, third parties or the business interests of SideFacts, or (v) behavior that violates the privacy of other users, members or third parties. If SideFacts believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your SideFacts account at any time and for any reason, including, and in accordance with your rights under the applicable privacy laws, by sending an email to [email protected] Any suspension, termination, or cancellation shall not affect your obligations to SideFacts under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.

PRIVACY

You agree that you have thoroughly read, understood and accept SideFacts's Privacy Policy, which explains how we collect, store and use the personal and nonpersonal information obtained from you when you are using the Site and/or the Service. You explicitly consent to the use, access, disclosure, transfer and preservation of the personal information you provide via the Service, including storing, processing, and disclosing the data in accordance with these Terms and the Privacy Policy, which is available at https://www.sidefacts.live/privacy and is incorporated by reference into these Terms.

PROPRIETARY INFORMATION

All elements comprising the Site and the Service, including without limitation, the text, design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of SideFacts or its licensors. Except as expressly permitted in these Terms, any use, reproduction, modification, distribution, transmission, republication, display or performance of the Service or any content is strictly prohibited. Trademarks, service marks and logos displayed on the Site or via the Service are the exclusive property of SideFacts unless otherwise stated and may not be used without the express written consent of SideFacts. All rights not expressly granted herein are reserved to SideFacts, its affiliates and its licensors.

AVAILABILITY

SideFacts shall use reasonable commercial efforts to maintain the availability of the Service but does not guarantee any specific level of availability of Service. SideFacts will not be liable to you as a result of temporary service interruptions. You acknowledge that SideFacts may, in its sole discretion and at any time, modify or discontinue providing the Service or any part thereof without prior notice to you, and in such event, you will not be able to access your account or health information uploaded to the Site.

DELETING PERSONAL INFORMATION

You may request the deletion of any personal information that we are a custodian of, including in accordance with applicable privacy laws, at any time by contacting us with an explicit request at: [email protected] When handling such requests, we may ask for additional information to confirm your identity. Please note, upon request to delete your Personal Information, we may retain such data in whole or in part to comply with any applicable rule or regulation and/or to respond to or defend against legal proceedings brought against us or our affiliates.

DISCLAIMERS & DISCLAIMER OF WARRANTY

Your use of the Service is at your sole discretion and risk. The Service, the Site and the content and services made available there are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind from SideFacts. SideFacts DOES NOT MAKE AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE THE SITE OR THE CONTENT AND SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SideFacts DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE. THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS POSTED OR SHARED BY OTHER MEMBERS OF THE SITE, INCLUDING, WITHOUT LIMITATION OF THE SUPER USER, ARE NOT IN ANY WAY VETTED, APPROVED, RECOMMENDED OR ENDORSED BY SideFacts, AND YOU KNOWINGLY USE SUCH INFORMATION AT YOUR OWN RISK. SideFacts IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE SERVICE.WE STRONGLY URGE YOU TO CONSULT YOUR PHYSICIANS AND MEDICAL PROFESSIONALS IN ALL MEDICAL AND HEALTH RELATED DECISIONS AND TO REVIEW ANY INFORMATION WITH QUALIFIED PROFESSIONALS OUTSIDE OF THE SERVICE, WHO ARE FULLY AWARE OF YOUR INDIVIDUAL NEEDS AND CIRCUMSTANCES. SideFacts IS NOT OWNED IN ANY MANNER BY ANY MEDICAL OR HEALTHCARE INSTITUTION, AND DOES NOT PROVIDE ANY PARTICULAR ENDORSEMENT FOR SUCH.

LIMITATION OF LIABILITY

SideFacts assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. SideFacts is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet, on the Site or on the Service, including any injury or damage to users, registered members or to any person's personal device related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall SideFacts be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL SideFacts OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT THEREIN, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SideFacts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL SideFacts'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO SideFacts FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO SideFacts FOR THE USE OF THE SERVICE, THEN SideFacts SHALL HAVE NO LIABILITY WHATSOEVER TOWARDS YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SideFacts and its respective employees, directors, officers, subsidiaries, affiliates, partners, contractors, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or login credentials; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the Service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

WAIVER

The failure of SideFacts to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor shall it operate to bar the exercise or performance thereof at any time or times thereafter. A waiver of any right hereunder at any given time shall not be deemed a waiver thereof for any other time.

MODIFICATION

We reserve the right to update or modify this Agreement at any time, and without prior notice, by posting amended Terms on this Site. Such revisions are binding on all users and shall apply as of and following the effective date of the change. We encourage you to revisit this Agreement from time to time for any updates or changes and to review your current rights and obligations.

SEVERABILITY

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, you and SideFacts shall, if possible, agree on a legal, valid and enforceable substitute provision which is as similar in effect to the deleted provision as possible. The remaining portion of these Terms not declared illegal, invalid or unenforceable shall, in any event, remain valid and effective for the term remaining unless the provision found illegal, invalid, or unenforceable goes to the essence of these Terms.

NOTICES

You agree that we may send notices to you by email at the email address you provide upon registering to become a user or member of the Service (or which you later update). All notices to SideFacts hereunder shall be in writing, personally delivered, by certified mail, return receipt requested, or by nationally recognized overnight delivery service to 170 Even Givrol Street Tel Aviv, Israel or email, [email protected] A notice shall be effective from the date of personal delivery or upon receipt if sent by certified mail, and upon the date of sending if sent by fax or email.

GOVERNING LAW AND VENUE

These Terms shall be interpreted in accordance with the laws of the State of Israel. You agree that any legal or equitable action of whatever nature by or against SideFacts arising out of or related in any respect to these Terms shall be brought exclusively in the competent courts of Tel-Aviv-Yafo, Israel. You hereby submit to the jurisdiction of the courts sitting in Tel-Aviv-Yafo, Israel.

ASSIGNMENT

SideFacts may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement without our prior written consent. For any questions or comments, or to report violations of this Agreement or these Terms, let us know by contacting us at: [email protected]