Terms of Use
Effective November 16, 2023
Welcome to the electroCore, Inc. (“electroCore”) (doing business as Truvaga) Truvaga app (the “App”). By using this App, you acknowledge and accept the App’s Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy. The information contained on the App is for informational and educational purposes only.
Please read these terms and conditions carefully before downloading, installing, registering with, accessing, or using the App. By downloading, installing, registering with, accessing, or using the App, you agree to these Terms of Use (“Agreement”). If you do not agree to the terms of this Agreement, you may not use the App. Accessing and/or downloading content from the App constitutes your agreement to be bound by the Agreement as modified from time to time. electroCore reserves the right to amend this Agreement at any time. All amendments will automatically go into effect on the day after their initial posting on the App.
Use of the App subsequent to such posting shall constitute your agreement to all such amendments. Because this Agreement and its amendments are binding, you should periodically visit this page to review amendments.
Medical Advice Disclaimer
THE PRODUCTS PROVIDED BY ELECTROCORE ARE NOT INTENDED FOR USE IN THE TREATMENT OR MANAGEMENT OF ANY DISEASES OR CONDITIONS, AND SHOULD IN NO WAY BE CONSIDERED A REPLACEMENT FOR MEDICAL ADVICE AND ACTION IN ORDER TO CURE, TREAT OR PREVENT DISEASES OF ANY NATURE.
Please seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. electroCore does not recommend or endorse any specific physicians, procedures, products (including our products), opinions or other information that may be included on the App; the same are only for informational purposes. Reliance on any information appearing on the App, whether provided by electroCore, its content providers, the visitors to the App or others, is solely at your own risk.
Access and Use
In general
All materials displayed or transmitted on the App, including but not limited to text, photographs, images, illustrations, software, files, data, graphics, or other content (“Materials”), are owned by electroCore or its affiliates, and are protected by United States and international copyright, trademark, service mark, and other proprietary rights, laws, and treaties.
When you view, use, or download these Materials, they are provided to you by electroCore under a limited, non-exclusive license that is revocable. electroCore retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the Material, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the App in accordance with these terms and conditions. electroCore reserves any rights not expressly granted under these terms and conditions of use.
Intellectual Property
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App. Provided that you do not modify or delete any copyright, trademark, or other proprietary notices, you may display and electronically copy, download, and print hard copy portions of the material contained on the App solely for your own personal, non-commercial use. Any other use of Materials on the App, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of the App, without the prior written permission of electroCore, is prohibited.
You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the App remains with electroCore, its licensors, and its third-party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on the App for any other purpose is prohibited.
electroCore, the electroCore logo, Truvaga, Truvaga Plus, and the Truvaga logo are trademarks of electroCore, Inc. Nothing contained on the App shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any electroCore, Inc. trademarks displayed on the App without the prior express written permission of electroCore, Inc. The misuse of any electroCore, Inc. trademark displayed on the App, or any other content on the App is strictly prohibited. Please be advised that electroCore will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
DISCLAIMERS OF WARRANTIES AND LIABILITY
ELECTROCORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT, INCLUDING, WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF ELECTROCORE. THE APP AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS ON THE APP, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELECTROCORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ELECTROCORE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ELECTROCORE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE APP IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, SAFETY OR OTHERWISE.
IN ADDITION TO THE ABOVE, YOU (AND NOT ELECTROCORE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ELECTROCORE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ELECTROCORE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE APP. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless electroCore and its employees, officers, directors, personnel, suppliers, and partners from and against all losses, costs, damages, and expenses, including attorneys’ fees, resulting from your violation of this Agreement.
User correspondence
Any communication or material transmitted by you to the App, by email or otherwise, will be treated as non-confidential and non-proprietary.
Accounts
In order to access or use some (or potentially all) of the features on the App, you may be required to first register for a user account through our registration process that we make available through the App. The App’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to the App so that others may not access any password protected portion of the App using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.
electroCore will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates this Agreement, or any applicable law, then electroCore may suspend or terminate your account. electroCore also reserves the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
Connectivity
You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, or other services needed for your access to and use of the App and you will be responsible for all charges relating to them.
App Availability
electroCore may immediately suspend or terminate the availability of the App and Materials (and any elements or features of them), in whole or in part, for any reason, in electroCore’s sole discretion, and without advance notice or liability.
Privacy
electroCore values and respects the privacy of App users. Please refer to the applicable electroCore Privacy Policy for an explanation of rights and responsibilities with respect to information disclosed and/or captured by the App.
Governing laws
This Agreement and your use of the App are governed by the laws of the United States of America and the State of New Jersey. Any legal action related to the App shall be brought in New Jersey.
Miscellaneous
If any provision of this Agreement is unlawful, void, or unenforceable, the remaining provisions of the Agreement will remain in place. This is the entire Agreement between you and electroCore regarding all aspects of your use of the App.
©2023 electroCore, Inc.