When you use our Services, we may collect or receive personal information about you to provide our services and operate our business. The types of personal information that we may collect about you are:
We may use the information we collect or receive about you for various purposes.
We may disclose personal or other information collected about you through the Service or this Site in any of the following situations:
To help protect the privacy of data we collect through the Service, we employ measures intended to be consistent with industry best practices for security and encryption in data transmission and storage. However, you should keep in mind that the Site and the Service are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We process payments securely using an industry-accepted Payment Gateway, and do not store any billing information on our own servers. Please also be aware that despite our best efforts to ensure the security of your data, we cannot guarantee that your information will be 100% secure.
Please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, such as using a strong password which is a combination of letters and numbers. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately.
We believe that privacy is a right for every user, and we therefore provide you with a set of rights that you can exercise.
In order to exercise these rights, you can send us your request at the email or postal address provided below in “Contact Us” section. We reserve the right to confirm your identity in order to process your requests. Please note that these rights are not absolute, and in certain cases we may decline your request as permitted by law.
The Service and this Site are not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us.
Sources of Personal Information
Why We Collect Personal Information?
To Whom May We Disclose Personal Information?
Identifiers such as a name, address, unique personal identifier, email, phone number
Commercial information such as records of products or services purchased, obtained, or considered as well as records of surveys, promotions and correspondence
Internet or other electronic network activity information, including browsing history and search history
Financial information such as your payment card information
Inferences such as how you interact with our Service
and we will work with you towards a resolution.
Finally, EU residents may seek redress for their complaint using a binding arbitration mechanism, provided they have taken the following steps: (1) raised their complaint directly with us and provided us the opportunity to resolve the issue; (2) made use of the independent dispute resolution mechanism identified above; and (3) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint. For more information on binding arbitration, see U.S. Department of Commerce's Privacy Shield Framework: Annex I (Binding Arbitration) at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
These Terms of Service (the "Terms") govern your use of the SigBee journaling and data analysis platform and associated tools (collectively, the "Service") made available by SigBee, Inc. ("SigBee"), via web and mobile applications. Your use of the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, "you") to be bound by these Terms. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you and where required by law, notify you. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.
The Service enables you to communicate with service providers via a mobile application.
All data, recordings, video sessions, uploaded documents, comments, analyses or other content is collectively referred to in these Terms as "Content." All Content uploaded or posted to, or otherwise made available on, the Service through your account is collectively referred to in these Terms as "Your Content."
Provided, however, for avoidance of doubt, Your Content does not mean or include any data that is generated automatically by the Services concerning your use of the Services (the “Meta-data”). Such Meta-data may include, but is not limited to, information concerning the frequency of words you use and measures of the sentiment expressed in your journals.
SigBee will not be responsible if you incorrectly designate Your Content for SigBee’s public use.
In order to use the Service, a healthcare or community services provider (“Your Provider”) must register and set up a user account for you. You must have a consent agreement in place with Your Provider for the exchange of protected health information to use SigBee. The user registration process requires that you agree to these Terms.
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
Your Provider is responsible for paying for your account. Failure on the part of Your Provider to pay for the service will result in your account being suspended. You are responsible for any third-party fees, including but not limited to data charges from your mobile phone provider, that you may incur when using the Service.
You agree not to upload to or otherwise make available through the Service any of the following:
In using the Service, you also agree not to do any of the following:
While we believe in accurate and truthful analysis, we cannot evaluate all Content on the Service. Accordingly, you acknowledge that SigBee does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Content uploaded to or otherwise made available on the Service, whether by SigBee or by or on behalf of any user, or any opinion or result derived from any such Content. You further acknowledge that SigBee does not provide any warranty for any Content uploaded to or otherwise made available through the Service.
SigBee reserves the right to throttle, traffic shape or otherwise restrict your use of the Service on a temporary or permanent basis if in SigBee’s judgment such actions are necessary to ensure the quality of the Service for all of our customers (e.g., because of excessive bandwidth use). By using the Service, you acknowledge and agree that throttling thresholds may be applied by SigBee in its sole discretion.
You agree to indemnify, defend and hold harmless SigBee, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms.
In providing the Service to you, SigBee may disclose or make available to you Confidential Information. "Confidential Information" means SigBee information in any form or medium (whether oral, written, electronic, or other) that SigBee considers confidential or proprietary, including information consisting of or relating to SigBee's technology, trade secrets, know-how, business operations, products, services, compliance reports, security testing reports, plans, strategies, customers, and pricing, in each case whether or not marked, designated, or otherwise identified as "confidential.” You agree: (i) not to divulge to any third person any Confidential Information, (ii) to allow access to Confidential Information solely by your employees (if any) with a need to have access thereto for purposes of using the Service, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of Confidential Information that you take with your own proprietary information, but in no event will you apply less than reasonable precautions to protect Confidential Information. Your obligations of non-disclosure with regard to Confidential Information will survive termination of your account with SigBee.
Except as otherwise provided elsewhere in these Terms, the Service (including the layout and organization of the Service and the Content available thereon) and Meta-data is the intellectual property of SigBee or our licensors, with all rights reserved.
Subject to the terms and conditions of these Terms, SigBee grants you a non-exclusive, revocable, limited license to access and use the Service, and to access, use, export and download the Content available thereon, all solely as enabled by the Service and subject to these Terms. Any use of the Service or any Content available thereon other than as specifically authorized in these Terms, without the prior written permission of SigBee, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any suspension, termination or cancellation of your access to the Service.
You agree not to do any of the following:
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any Content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, you may so notify us at support@SigBee.com.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Service who are deemed to be repeat infringers. SigBee may also at its sole discretion limit access to the Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
All trademarks, service marks, logos and trade names associated with SigBee and/or the Service, whether registered or unregistered, are proprietary to SigBee (or to other companies where so indicated). Such marks may not be used, including as part of others' trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SigBee.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). SigBee DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE, AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL PROVIDE ACCURATE, COMPLETE, RELIABLE, OR CURRENT INFORMATION.
Without limiting the foregoing, you acknowledge that SigBee is not responsible or liable in any manner to you for any Content uploaded to or otherwise made available on the Service, whether uploaded or made available by users of the Service, by SigBee, by a third party, or by any of the equipment or software underlying the Service. SigBee shall not be responsible for any deletion, correction, destruction, damage, loss, failure to store, or theft of (or unauthorized access to) any of Your Content.
In connection with making the Service available, we engage certain third-party vendors that provide hardware, software, networking, storage, and/or related technology necessary for the operation of the Service. Accordingly, our operation of the Service, including making Your Content available on the Service, may involve (i) transmissions of Your Content over various networks; (ii) changes to Your Content to conform and adapt it to technical requirements of connecting networks or devices, and (iii) transmission of Your Content to third-party vendors. In light of the foregoing, you acknowledge that you will be solely responsible for the security of Your Content and for protecting and backing up Your Content.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. SigBee is not responsible for any technical malfunction or any other problem with any network or service, server or other equipment, software, or any other system associated with your use of the Service. Under no circumstance will SigBee be responsible for any loss or damage to your equipment, software or other technology resulting from your use of the Service or any Content available on the Service, or for any loss or damage you incur from any interactions with another user of the Service (whether online or offline).
SigBee reserves the right to modify the Service at any time without notice.
IN NO EVENT WILL SigBee OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF SigBee IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SigBee AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS AND AGENTS TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SigBee FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. This limitation of liability does not apply to liability resulting from SigBee’s gross negligence or willful misconduct.
Your use of the Service is based on an agreement between Your Provider and SigBee and can be terminated at any time, subject to the restrictions in the agreement with Your Provider.
Your use of the Service and these Terms shall be governed by, and construed in accordance with, the internal laws of the State of California without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California without reference to the choice of law or conflicts of law principles thereof.
Data Processing Addendum: If you are a subscriber to the Service, the terms of the data processing addendum ("DPA"), which are hereby incorporated by reference, shall apply, to the extent that SigBee processes any Customer Personal Data (as defined in the DPA) on your behalf in the provision of the Services, and the parties have not executed another addendum overriding the DPA. If applicable, for the purposes of the Standard Contractual Clauses attached to the DPA, if Customer Personal Data is to be transferred out of the European Economic Area, your agreeing to these Terms of Service shall be treated as agreement to and execution of the Standard Contractual Clauses and their Appendices.
Any dispute, claim or controversy arising out of or relating to the Service or these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court's jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude SigBee or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
These Terms constitute the entire agreement between you and SigBee regarding the use of the Service, superseding any prior agreements between you and SigBee relating to your use of the Service. The failure of SigBee to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed 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.
If you have any questions regarding these Terms, please contact us by sending an email to support@SigBee.com.