Terms of Service

Effective Date: January 1, 2025  |  Last Revised: March 1, 2025

1. Acceptance and Agreement

These Terms of Service ("Terms") govern your access to and use of the services, software, APIs, websites, and applications provided by EverBright Heals ("Company," "we," "us," or "our"). These Terms incorporate by reference our Privacy Policy, Cookie Policy, and any supplemental terms applicable to specific features or services.

By clicking "I Agree," creating an account, or otherwise accessing or using our Services, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into binding contracts, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be communicated to you at least 30 days before taking effect via email or a prominent notice on our platform. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

2. Services Description

EverBright Heals provides technology solutions and related services as described on our website and in applicable service documentation. Our Services may include, without limitation, software platforms, mobile applications, APIs, data services, customer support, and educational resources.

We reserve the right to modify, update, suspend, or discontinue any aspect of the Services at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services. We will make reasonable efforts to provide advance notice of significant changes when feasible.

The Services may include features that are in beta or early-access stages. Such features are provided "as is" without any warranties and may be modified or removed at any time. Your participation in beta programs may be subject to additional terms.

3. User Accounts and Registration

To access certain features of our Services, you may be required to register for an account. When registering, you agree to:

• Provide accurate, complete, and current information.
• Maintain and promptly update your account information to keep it accurate and complete.
• Keep your password secure and confidential — do not share your credentials with others.
• Notify us immediately at hello@everbrightheals.com of any unauthorized use of your account or any other breach of security.
• Accept responsibility for all activities that occur under your account, whether or not you authorized them.
• Create only one personal account per person, unless otherwise permitted by us in writing.

We reserve the right to suspend, disable, or terminate accounts that we determine, in our sole discretion, to be in violation of these Terms or our policies, or that pose a security risk or reputational harm to EverBright Heals or our users.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit anyone's use of the Services. Prohibited uses include:

4.1 Prohibited Content and Activities

• Uploading, transmitting, or displaying any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Engaging in any activity that infringes any intellectual property rights, privacy rights, or other proprietary rights.
• Collecting or harvesting any personally identifiable information from the Services without permission.
• Using the Services to send unsolicited commercial email (spam) or to engage in any form of marketing that violates applicable law.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.

4.2 Technical Restrictions

• Attempting to gain unauthorized access to any portion of the Services, other accounts, or computer systems connected to our Services through hacking, password mining, or any other means.
• Interfering with or disrupting the integrity or performance of the Services, servers, or networks connected to the Services.
• Introducing viruses, worms, Trojan horses, or other malicious code into our systems.
• Reverse engineering, decompiling, disassembling, or attempting to derive source code from any portion of the Services.
• Using automated means such as bots, scrapers, or crawlers to access the Services without our prior written consent.
• Exceeding usage limits or quotas specified in your subscription plan.

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services and all content, features, and functionality thereof — including but not limited to text, graphics, logos, icons, images, audio clips, data compilations, software, and the compilation thereof — are owned by EverBright Heals, our licensors, or other content providers and are protected by applicable intellectual property laws including copyright, trademark, patent, and trade secret law.

These Terms do not grant you any right, title, or interest in the Services or our intellectual property. You agree not to use our trademarks, trade names, service marks, or logos without our prior written consent.

5.2 Your Content and License Grant

You retain ownership of any content you submit, post, or make available through the Services ("User Content"). By submitting User Content, you grant EverBright Heals a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in connection with operating and providing the Services.

You represent and warrant that you own or have the necessary rights to grant the above license, and that your User Content does not infringe any third party's intellectual property rights, privacy rights, or other proprietary rights.

6. Payment Terms and Subscriptions

If you subscribe to paid features of our Services, the following terms apply:

• Billing: We will charge the payment method you provide in advance for each billing period (monthly or annual, as applicable).
• Cancellation: You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing period; you will retain access to paid features until then.
• No Refunds: All fees are non-refundable except as required by law or as explicitly stated in a supplemental agreement.
• Price Changes: We may change subscription prices at any time. We will provide at least 30 days' advance notice before any price increase takes effect.
• Taxes: Prices do not include applicable taxes. You are responsible for paying any applicable sales, use, or value-added taxes.
• Disputes: To dispute any charge, you must contact us within 60 days of the charge date at hello@everbrightheals.com.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

8. Confidentiality

If you receive any non-public information about EverBright Heals's technology, business plans, product roadmaps, or other proprietary information ("Confidential Information"), you agree to hold such information in strict confidence and not to disclose it to any third party without our prior written consent. This obligation survives the termination of these Terms.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERBRIGHT HEALS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless EverBright Heals and its officers, directors, employees, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement of any third party's rights.

11. Termination

We may terminate or suspend your access to the Services, with or without cause and with or without notice, effective immediately. Cause for termination includes, but is not limited to, violation of these Terms, non-payment of fees, or conduct that we determine, in our sole discretion, to be harmful to other users, us, or third parties.

Upon termination, all rights granted to you under these Terms will immediately cease. Sections that by their nature should survive termination shall survive, including sections on intellectual property, disclaimers, limitation of liability, and governing law.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any legal action arising under these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts.

BEFORE FILING ANY LEGAL ACTION, YOU AGREE TO ATTEMPT TO RESOLVE DISPUTES THROUGH GOOD FAITH NEGOTIATION FOR AT LEAST 60 DAYS. If good faith negotiation fails, disputes shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules, except that either party may seek injunctive or other equitable relief in court.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION against EverBright Heals.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable supplemental agreements, constitute the entire agreement between you and EverBright Heals regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
• Waiver: Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: We are not liable for any delay or failure in performance due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

14. Contact Us

15. Accessibility

EverBright Heals is committed to ensuring digital accessibility for all users. Contact hello@everbrightheals.com for assistance.

16. Beta Programs

Beta features are provided "as is" and may be modified at any time.

17. Export Controls

You agree to comply with all applicable US export control laws and regulations.

18. Open Source Components

Our Services may include open source components subject to their respective license terms.

19. Feedback License

Feedback you provide grants EverBright Heals a perpetual, royalty-free license to use for any purpose.

20. Monitoring

EverBright Heals reserves the right to monitor use of Services to ensure compliance with these Terms.

21. Publicity

You agree that EverBright Heals may use your company name and logo as a customer reference in marketing materials, unless you opt out by contacting hello@everbrightheals.com.

22. Survival

Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive any termination of these Terms.