INTRODUCTION

X93 Innovations, Inc., on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries (collectively referred to as “X93 Innovations”, “we”, “us”, or “our”), makes certain telehealth related information available to you and/or facilitates your access to telemedicine and expert medical services (“Services”). X93 Innovations owns and operates various mobile applications, including, but not limited to, TsekApp and TsekApp Service Provider (collectively, the “Mobile Apps”), and various websites, including, but not limited to, www.tsekapp.com (collectively, the “Websites”).

AGREEMENT TO THESE TERMS AND CONDITIONS

These Terms and Conditions (“Terms and Conditions”) form a legal agreement between X93 Innovations and you (“you” and “your”) concerning your access to and use of the various services offered through the Mobile Apps and Websites. Use of any of the Mobiles Apps or Websites constitutes your acceptance of these Terms and Conditions and the Privacy Policy.

By using the Mobile Apps and/or Websites, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use or access the Mobile Apps or Websites for any purpose. Please print a copy of these Terms and Conditions for your records.

Modifications to these terms and conditions

X93 Innovations may, in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, X93 Innovations will post a notice regarding the updated Terms and Conditions on the Websites. The amended Terms and Conditions will also appear when the Mobile Apps are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Mobile Apps. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Mobile Apps and Websites and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of its posting unless otherwise stated. By accessing or using the Mobile Apps or Websites after such changes are posted you agree and consent to all such changes.

Access to the mobile apps

You may access and use the Mobile Apps via remote access connectivity. X93 Innovations grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Mobile Apps in accordance with these Terms and Conditions. In order to use the Mobile Apps, you will be asked to register an account and enter login information, including, but not limited to, a mobile phone number, email address and password. You must safeguard your login information that you use to access the Mobile Apps and you must not disclose this information to anyone. You must immediately notify X93 Innovations of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Mobile Apps by email to info@x93innovations.com.

X93 Innovations’s role

X93 Innovations is not an insurance provider nor are we a prescription fulfillment warehouse. X93 Innovations’ role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. X93 Innovations is independent from healthcare providers who will be providing such telemedicine services to you through the Mobile Apps and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. X93 Innovations does not engage in the practice of medicine or provide any other health services.

Your representations and warranties

By registering on the Mobile Apps, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with X93 Innovations, (iii) the information you have provided to X93 Innovations in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Mobile Apps and Websites, (v) you will not interfere with a third party’s use and enjoyment of the Mobile Apps and Websites, (vi) you will not interfere with or disrupt X93 Innovations’ or its vendors’ security measures, (vii) if any information you provide to X93 Innovations becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify X93 Innovations, (viii) you acknowledge that access to the healthcare services provided through the Mobile Apps are not “insured services” under any health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by X93 Innovations or its representatives that such healthcare services will be made available to you, and (x) you are accessing the Mobile Apps and Websites for yourself or a child under the age of eighteen for whom you are the legal guardian.

Termination

If you violate these Terms and Conditions, your ability to use the Mobile Apps and/or Websites will be terminated. X93 Innovations may, in its sole discretion, terminate your access to the Mobile Apps and/or Websites for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy X93 Innovations may have available at law. Further, X93 Innovations shall not be liable to you or any third party for any such termination. You may terminate these Terms and Conditions by ceasing to access and use the Mobile Apps and Websites. Upon any termination of these Terms and Conditions you must immediately cease use of the Mobile Apps and Websites. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited uses

In using the Mobile Apps and Websites, you agree not to:

• Send or otherwise transmit to or through the Mobile Apps and Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Mobile Apps and Websites or computers of any kind;
• Misrepresent your identity or affiliation in any way;
• Restrict or inhibit any person from using the Mobile Apps and Websites, disclose personal information obtained from the Mobile Apps and Websites or collect information about users of the Mobile Apps and Websites;
• Reverse engineer, disassemble or decompile any part of the Mobile Apps and Websites;
• Gain unauthorized access to the Mobile Apps and Websites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Mobile Apps and Websites;
• Launch or use any automated system, including, but not limited to, “robots,” “spiders,” or “offline readers,” that access the Mobile Apps and Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through the Mobile Apps and Websites unsolicited messages, “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations in any way;
• Alter or modify any part of the content or services offered on or through the Mobile Apps and Websites;
• Allow any other person to use the Mobile Apps with your registration or login information;
• Breach or otherwise circumvent X93 Innovations’ security or authentication measures; and
• Assist or permit any persons in engaging in any of the activities described above.

Intellectual property rights and content

X93 Innovations is the sole and exclusive owner of the Mobile Apps and Websites, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Mobile Apps and Websites and any related materials and documentation. No title or ownership of the Mobile Apps and Websites or any portion thereof is transferred to you hereunder. X93 Innovations reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Mobile Apps and/or Websites.

You may provide input, comments or suggestions regarding the Mobile Apps and Platforms (“Feedback”). You acknowledge and agree that X93 Innovations may use any Feedback without any obligation to you and you hereby grant X93 Innovations a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as X93 Innovations may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

External links

The Mobile Apps and Websites may contain links to third-party websites. Linked sites are not under the control of X93 Innovations, and X93 Innovations is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that X93 Innovations endorses, sponsors, or is affiliated with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms and Conditions do not apply to other websites. X93 Innovations disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by X93 Innovations. Any views expressed by third parties on the Mobile Apps and Websites are solely the views of such third party and X93 Innovations assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold X93 Innovations, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a X93 Innovations Party and collectively X93 Innovations Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Mobile Apps and Websites; and (c) provision of other disclosure to X93 Innovations of any other information or data and the use of same by X93 Innovations or other X93 Innovations Party as contemplated hereunder.

IN NO EVENT SHALL X93 INNOVATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOBILE APPS OR WEBSITES OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

X93 Innovations shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond X93 Innovations’ reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

The Mobile Apps and Websites are provided on an “as is” and “as available” basis and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, X93 Innovations disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. X93 Innovations does not warrant that the Mobile Apps and Websites will be uninterrupted or error-free, that defects will be corrected or that the Mobile Apps and Websites or the server that makes it available are free of viruses or other harmful components.

X93 Innovations makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Mobile Apps and Websites for a particular purpose. X93 Innovations assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Mobile Apps and/or Websites.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Children

The Mobile Apps and Websites are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Mobile Apps or Websites at any time or in any manner. By using the Mobile Apps or Websites, you affirm that you are over the age of 18. X93 Innovations does not seek through the Mobile Apps or Websites to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.

Choice of law and jurisdiction

These Terms and Conditions are governed by the laws of the Republic of the Philippines. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Republic of the Philippines in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Personal information and privacy policy

In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Mobile Apps and Websites and any other information that identifies who you are. Personal Information will be used by X93 Innovations solely in accordance with these Terms and Conditions and Privacy Policy.

You agree that X93 Innovations has the right to monitor and review your use of the Mobile Apps and Websites from time to time, and to use “cookies”, “log files” and your “browsing data”.

Waiver

No delay or omission by X93 Innovations to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by X93 Innovations must be in writing and signed by an authorized representative of X93 Innovations.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and X93 Innovations as it relates to the access to, and use of, the Mobile Apps and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between X93 Innovations and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with X93 Innovations’ prior written consent. X93 Innovations may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Notices

X93 Innovations may provide notices or communications to you on the Mobile Apps and/or Websites and you agree that such notices shall constitute notice to you whether or not you actually access the notice.