Welcome
Last updated: January 2, 2024.
Welcome to the Selfii Patient Platform. This document contains the legal “Terms” for your use of our healthcare collection services (the “Services''). Please read the Terms, as they specify your complete ownership of your health records, our rights to use the underlying data to provide the services to you, the rules to follow when you use the Services, how to contact us, and more.
Securing your medical records and respecting your privacy choices forms the backbone of Selfiie and is central to our mission of creating a patient-centric technology Service. For details on how we secure your data and give you control of the data, please review our Privacy Policy at https://www.selfii.com/privacy-policy/.
These Terms include and incorporate the Selfii Website Terms of Service for use of the Selfii Website. By using or accessing the Service, you are agreeing to these additional Terms and to comply with the Selfii Community Rules.
Patient Access Service
Summary: Selfii provides a technology service enabling you to collect your health records and information through the right of access provided by HIPAA and other laws and regulations, organize and understand the data, and share the data with doctors and researchers. Please note that Service does not include providing medical advice, and Selfiie is not responsible for the completeness or accuracy of your health records.
Description.
The Service is a technology platform that (i) allows you to request access to copies of your historical health information and records (“Health Records”) through the “right of access” granted under the Health Insurance Portability and Accountability Act (“HIPAA”), as well as through online portal accounts made available to you by some health care providers or health plans and other processes (see “Records Collection” section below), (ii) asks you to directly input information about your health, such as information about how you’re feeling or pain management, (iii) aggregates and standardizes (to the extent possible) such Health Records, transforms them into digital data (what we call “Refined Health Information”) and analyzes for potential uses, (iv) allows you to decide whether and how to use and disclose any such Health Records and Refined Health Information to third parties, including caregivers, medical professionals, and researchers, and (v) allows users to post content and interact with other users. The Selfii Services may also include providing individuals with insights based on their health information and the health information of others like them.
Record Collection.
As part of the Patient Access Service, Selfii collects your Health Records on your behalf and populates them in your Selfii account. We find your Health Records using one or more of the following processes: (i) Asking you to identify the medical providers and institutions where you have received care; (ii) Asking you to identify the health plans that have provided you with health insurance; (iii) Sending a request for your medical records to networks – commonly known as health information exchanges or HIEs – that are used by doctors and hospitals to share medical record information for treatment purposes as well as other medical and health information databases; (iv) Sending a request for your records to another medical provider that is identified in your medical records (for example, sending a request for a copy of a lab test result from the laboratory identified in the doctor’s medical record); and (v) you can also choose to obtain your own records and upload them into your Selfiie account.
User Consent.
You will have an opportunity to choose whether Selfii sends a request for your records. Selfii will use the information you provide and search for your Health Records in all databases connected to the Cures Gateway. As needed, Selfii will store and process the information provided by you and any Health Records collected from third parties in order to provide the Service.
Important Notes about Health Records and the Service:
- You represent and warrant that you own all rights, title and interest in and to the Health Records collected from third parties and any data you provide to us (including any and all intellectual property rights therein), subject to Selfii’s rights as set forth below.
- Selfii also may not be able to obtain some or all of your Health Records, and we cannot guarantee or assume any responsibility or liability for the completeness, timeliness, accuracy, deletion, or non-delivery of any Health Records.
- Health Records are copies of documents from health care providers or health plans accessed through your “right of access” will be “read only” and cannot be altered. If you believe any information in your Health Records is inaccurate, it is your responsibility to address this issue with the relevant health care provider(s) or health plan(s).
- Selfii has no control over the completeness, validity, consistency, or accuracy of any content provided (or lack of such) by you or others (such as hospitals, other health care providers, or health plans). You rely on any information provided by Selfii, or third parties working on behalf of Selfii to provide the Service, solely at your own risk.
- You may discover unanticipated or incidental findings contained in your Health Records when you use our Service. Selfii does not interpret your records; it is your responsibility to address this issue with your healthcare provider or health plan.
- Selfii is also not responsible for the way in which data is displayed on the Site or through the Service, as this may be impacted by the nature and form of the Health Records that Selfii receives from you or on your behalf.
- When you agree to share your Health Records or Refined Health Information with a third party (for example, a medical professional or a researcher), you acquire no rights in any research or commercial products developed by us or our collaborators and will receive no compensation related to any such research or product development unless explicitly described to you.
- Not Medical Advice. THE SERVICE, INCLUDING ALL OF THE MATERIAL AND INFORMATION MADE AVAILABLE THROUGH THE SERVICE, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE OR TREATMENT.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. The Service is not a substitute for professional medical advice; never disregard professional medical advice or delay in seeking it because of something made available through the Service. If you think you may have a medical emergency, call your doctor or 911 immediately. Selfii does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service.
Your Ownership of your Records
Summary: You own your Content and Health Records and grant Selfii the right to use such records and information to provide the Service as described in this document. Likewise, Selfii owns its website, the Service and other intellectual property and grants you a right to use each as described in this document. For any copyright claims, please follow the instructions below.
Your Ownership of Your Content and Your Health Records.
You maintain your ownership of all Health Records, documents, and other materials you upload (or uploaded on your behalf by Selfii leveraging your HIPAA right of access) or share through the Service (the “Content”). You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for your Health Records and Self-Reported Information. You agree that your Self-Reported Information will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. As a condition of your use of the Service, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, store, reproduce, transmit, display, modify and adapt and create derivative works (either alone or as part of a collective work) from your Content and Health Records.
You acknowledge and agree that Selfii will use and preserve your Self-Reported Information and Health Records to provide the Service to you, to match you to potential clinical trials and other research opportunities, share data as you direct, enhance our existing user experience, and develop new products and services. Please note that we may also disclose your Self-Reported Information and Health Records if required to do so by law or if we, in our sole discretion, hold the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests (but know that we will closely scrutinize all law enforcement and regulatory requests, and we will only comply with court orders, subpoenas, search warrants or other requests that we determine are legally valid); (b) enforce these Terms; (c) respond to claims that any such Content or Health Records violates the rights of third parties; or (d) protect the rights, property, or personal safety of Selfii, its users, and the public. You understand that the technical processing and transmission of the Service, including your Self-Reported Information and Health Records, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please see our Privacy Policy.
Conditions to Use the Selfii App
Summary: You must register and login to use our Service and you are responsible for protecting your account user credentials. You are solely responsible for any content you create via the Service. Certain types of user-created content and conduct (as set forth below) are strictly prohibited. Selfii can take appropriate action – including legal action – where you are in violation of these Terms. You agree that the Service is for your personal, non commercial, use only.
Your Registration Obligations.
If you are under 18 years of age, you are not authorized to use the Service, with or without registering, unless your parent or guardian accepts these Terms on your behalf prior to use of the Service.
Member Account, Password and Security.
You will be required to register with Selfii in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information for your account. Our Privacy Policy describes how we handle the registration data and certain other information you provide to us when you use our Service.
You are solely responsible for maintaining the confidentiality and security of your Selfii username, password and other account information, and are fully responsible for any and all activities that occur under your account. You can access, edit and update your account via www.selfiie.com. You agree to (a) immediately notify Selfii at [email protected] of any unauthorized use of your password or account or any other breach of security including unauthorized disclosure of your username and/or password and (b) ensure that you log out of your account at the end of each session when accessing the Service. Selfii is not liable for any acts or omissions by you in connection with your account. We are not liable for any loss or damage arising from your failure to comply with this Section.
User Conduct:
To use the Selfii Service, you agree to the following:
- You must comply with the Selfiie Community Rules;
- You must comply with all applicable laws;
- You will only provide Selfii with images, information, data, photographs, graphics, messages or other materials to which you have the appropriate rights and that you are solely responsible for at all times.
- The Service is for your personal use only. Unless otherwise expressly authorized herein, you agree not to distribute, license, publish, reproduce, create derivative works from, sell or transfer for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- You will not attempt to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, including with bots, crawlers, spiders, data miners, scraping, or other automatic access tools.
- You will not export or re-export, directly or indirectly, the Service and/or other information or materials provided by Selfiie hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
- You agree that you are solely responsible for all usage and activity on the Service made via your account and for your interactions with any other user in connection with the Service.
You acknowledge that Selfii may investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms or act inconsistently with the letter or spirit of these Terms or the Selfii Community Rules, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Selfii’s Intellectual Property Rights
Summary: Selfii owns its website, the Service and other intellectual property and grants you a right to use each as described in this document. For any copyright claims, please follow the instructions below.
Selfii owns its website, Service and work product, including the “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws (collectively, other than your Health Records and Self-Reported Information (as defined in our Privacy Policy), the “Selfii Content”). The Selfii name and logos and all related names, logos, product and service names, designs and slogans are trademarks and service marks of Selfii or its affiliates or licensors (collectively the “Selfii Trademarks”). Other names, logos, product and service names, designs and slogans that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Selfii Trademarks without our prior written permission in each instance. All goodwill generated from the use of Selfii Trademarks will inure to our exclusive benefit.
License Grant.
Subject to your compliance with these Terms, Selfii hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (a) use the software provided to you as part of the Service and (b) any Refined Health Information for your personal health use only. The software license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. We and our licensors reserve all rights in connection with the Service and its content (other than Self-Reported Information), including, without limitation, any Refined Health Information or the exclusive right to create derivative works. You agree that Selfii and/or its licensors own all right, title and interest in and to the Selfii Content and the Service (including any and all intellectual property rights therein). You agree not to take any action(s) inconsistent with such ownership interests.
Third Party Material.
Selfii collects data and information from various sources, usually from official record sources, including health care providers, hospitals and others, which may contain personal information relating to you. We may also receive information about you from third parties. For example, we may supplement the data we collect with demographic information licensed from third parties in order to personalize the Service and our offers to you. Selfii is not responsible or liable for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Selfii does not pre-screen content, but that Selfii and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Selfii and its designees will have the right to remove any content that violates these Terms or is deemed by Selfii, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Copyright Complaints.
Selfii respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please read the Selfii Copyright Policy.
Communications between You and Selfii
Summary: We will need to contact you occasionally to provide you information about your account, as well as to give you more information about special offers and other opportunities. We will send you text/SMS messages or emails. You can opt out at any time.
By accessing and using the Service, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our service providers, or your friends who invite you to the Service. We may use this information to contact you (via the website, Service, phone, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Service, or of any related products and services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your telephone. For example, you may receive text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Service. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize Selfii to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to use Service. You may invite one or more of your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on your phone’s functionality, we may suggest content for the message and you can edit that suggested content. If you choose to send invitations, you represent to Selfii that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via the Service or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Selfii is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
We have no intention of spamming you with unwanted messages and you may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your information page on the Service and changing your preferences. Please note, however, that we do need to send you certain communications regarding the Service and your account, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or Privacy Policy. Please see our Privacy Policy for further information on how we manage and process your personal information.
How to Resolve a Dispute
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Summary: We hope there is never a dispute between you and Selfii. But if you feel we have violated these Terms in any way, please review and follow the information below.
Contact us first.
Selfiie is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing support at [email protected]. If this fails to resolve the issue, then please contact Selfii’s legal department at [email protected].
Agreement to Arbitrate.
If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Selfii should be sent to Selfiie Corporation, Use 2601 Blanding Avenue, #C-518, Alameda CA 94501 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Selfii and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Selfii may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Selfii or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Selfii is entitled.
You agree that any and all disputes or claims that have arisen or may arise between you and Selfii, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Selfii are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND SELFII AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SELFII AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Arbitration Procedures.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Selfii’s services and/or products, including the Service, will be resolved by arbitration. You and Selfii agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Selfii are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Selfii will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $75,000, Selfii will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Confidentiality & Severability.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
Opt-Out.
You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to [email protected] or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to Selfii within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, Selfii also will not be bound by them.
Modifications, Warranties, Limitations of Liability
Summary: Except as expressly stated, the Service provided by Selfii is “as is” and without warranties. Selfii is not liable for certain types of damages resulting from certain types of claims as described herein.
Modifications to Service.
Selfii reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Selfii will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service; provided that if we discontinue the Service, we will use our best efforts to permit you to export any Health Records and Self-Reported Information maintained by us for a period of thirty (30) days from when the Service is discontinued.
General Practices Regarding Use and Storage.
You acknowledge that Selfii may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that Health Records, data or other Self-Reported Information will be retained by the Service and the maximum storage space that will be allotted on Selfii’s servers on your behalf. You acknowledge that Selfii reserves the right, in our sole discretion, to terminate accounts that are inactive for an extended period of time; provided that Selfii has provided you with at least thirty (30) days’ prior notice to the e-mail or telephone number associated with your account.
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Selfiie, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Selfii Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Without limiting any of the foregoing, the Selfiie Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Service; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service; (c) the operation or compatibility of the Service with any other application or any particular system or device; (d) whether the Service will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your Self-Reported Information and other communications maintained by the Service. No advice or information, whether oral or written, obtained from Selfiie Entities or through the Service, will create any warranty or representation not expressly made herein.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties. Accordingly, some of the disclaimers set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service
If you are a user from New Jersey, the foregoing section titled “Disclaimer of Warranties” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL SELFII BE LIABLE (A) FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICE OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF SELFII HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SELFIIE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID SELFIIE, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICE (OR PRODUCTS PURCHASED ON THE SERVICE) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service.
If you are a user from New Jersey, the foregoing section titled “Limitation of Liability” is intended to be only as broad as is permitted under the laws of the State of New Jersey. If any portion of this section is held to be invalid under the laws of the State of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable section.
Indemnity and Release
Summary: You agree to indemnify and hold Selfii and its affiliates, employees, and agents harmless from any losses arising out of your use of the Service, or Self-Reported Information ,or your violation of these Terms or violation of another’s rights.
You agree to indemnify and hold Selfii and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, liability and expenses (including reasonable attorneys’ fees), rights, claims, costs, actions of any kind and injury arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Service; (d) your Self-Reported Information, or (e) your negligence or willful misconduct.
Fees and Payment
Summary: To the extent our Services charge a fee, here are the terms.
Fees and Payment.
Any fees associated with a Service (“Fees”) are set forth in the applicable website. For credit card payments, the payment is due immediately upon sign up as described below. For payments through other accepted methods, payment is due and payable in full within thirty (30) days from the invoice date or as stated in the applicable Service order form. Payment obligations are non-cancelable, regardless of your utilization and except as expressly permitted in these Terms of Service, Fees paid are non-refundable. You must pay the Fees through an accepted payment method as specified in the applicable website or, if applicable, on a Service order form.
Automatic Renewals of Subscriptions.
Unless otherwise noted in the terms of your offer, subscriptions automatically renew. This means that once you sign up for a free trial or become a subscribing customer, your subscription will automatically renew based on the subscription program you chose (e.g. semiannually, monthly, etc.). Unless you are notified otherwise, you will be charged the rate stated at the time of purchase (plus applicable taxes when the stated rate does not include such taxes, such as value added tax) at the beginning of the billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent an interruption in your subscription. Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Selfii will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you should cancel your subscription as described below.
Subscription Cancellations.
You may cancel your subscription by contacting us at [email protected]. Subscriptions may be canceled at any time prior to ten business days before your renewal date. If you cancel your subscription, you will retain access to your Services for the remainder of the subscription period that you have paid for. If you do not cancel your subscription within your subscription period, we will renew your subscription \until you cancel.
Free Trials:
Some of the Services allow you to register for a free trial so you can try the Services before starting a paid subscription (each a “Free Trial”). If you register for a Free Trial, you may cancel at any time prior to the end of the Free Trial time period (the “Free Trial Period”) and incur no charge. If you do not cancel by that time, your paid subscription will start once your Free Trial Period ends. One Free Trial per user. After a Free Trial ends and you are charged for your subscription, no refunds will be issued, except as outlined herein. This does not affect your statutory rights. For users located in the European Union, your free trial is inclusive of your cooling off rights and your right to withdraw from the contract.
Payments.
Selfii may use a third-party payment processor (the “Payment Processor”) to bill through a payment account linked to your billing account for use of the Services. The processing of payments through a Payment Processor will be subject to the terms, conditions and privacy policies of the Payment Processor. Selfii is not responsible for any error or mistake by or between you and the Payment Processor. By choosing to use the Services, you agree to pay Selfii, through the Payment Processor, all charges at the prices then in effect for any use of the Services in accordance with the applicable payment terms, per your chosen payment provider (“Payment Method”).
Applicable Taxes.
The Fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessed by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You agree to pay applicable direct or indirect Taxes associated with its purchases hereunder, which, to the extent Selfii is legally required to collect the same, will be itemized on the Selfii invoice. If you have an obligation to withhold any amounts under any law or tax regime (other than U.S. income tax law), you must gross up the payments so that Selfii receives the amount actually quoted and invoiced. If Selfii has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount will be invoiced and paid by you. Additional information on how Selfii may apply tax requirements can be requested from [email protected].
California Residents
Summary: California law includes specific rules and obligations described below
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210. In addition, California Civil Code Section 1798.83, known as the “Shine the Light” law, permits Users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Please know that Selfii does not share any personal information with third parties for their own direct marketing purposes. Send any such request to [email protected].
General
Summary: These terms constitute the entire agreement between you and Selfii and are governed by the laws of the State of California. We may notify you of any changes to the terms by displaying notices within the Service
Selfii may terminate your use of our Websites or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all content obtained from our Websites and all copies thereof. The provisions of these Terms concerning website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of our Websites is terminated pursuant to these Terms, you will not attempt to use our Websites under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you indemnify and hold us harmless from any and all liability that we may incur therefore.
Selfii reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions for using our Websites, including the right to block access from a particular Internet address to our Websites.
By choosing to visit our Websites or otherwise provide information to Selfii, you agree that any dispute over your use of our Websites or these Terms will be governed by the laws of the State of Florida and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Websites in the federal and state courts of Miami-Dade County in the State of Florida. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
You agree that any cause of action you may have with respect to use of our Websites must be commenced within one (1) year after the claim or cause of action arises.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our Websites may contain forward-looking information. Such information is subject to a variety of significant uncertainties, including scientific, business, economic and financial factors, and therefore actual results may differ significantly from those presented.
Links to third-party websites or pages are provided for convenience only. We do not express any opinion on the content of any third-party pages and expressly disclaim liability for all third-party information and the use of it.
The Selfii Privacy Policy, as it may change from time to time, is a part of these terms and conditions for using our Websites and is incorporated herein by this reference. Selfii reserves the right, and you authorize Selfii, to the use and assignment of all information regarding your use of our Websites and all information provided by you in any manner consistent with the Selfii Privacy Policy.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that Selfii shall not be liable to you or any third party for any termination of your access to the Services. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Selfii or you.
Contact Us
If you have any questions about these Terms, please let us know by calling 415-572-8080, emailing [email protected] or sending a letter to:
Selfiie Corporation
2601 Blanding Ave, #C-518
Alameda, CA 94501