Mobile App - Terms & Conditions

KT TAPE MOBILE APPLICATION
END USER LICENSE AGREEMENT

 

(Revised July 15, 2023)

IMPORTANT – READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. YOUR USE OF ANY DOWNLOADABLE SOFTWARE PRODUCTS, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE KT TAPE APP OR WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING TO ACCEPT THIS AGREEMENT OR BY DOWNLOADING OR USING THE KT TAPE APP OR ANY RELATED SOFTWARE (COLLECTIVELY THE “KT TAPE APP” OR THE “APP”), YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE KT TAPE APP AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU AGREE TO THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT KT HEALTH, LLC (“KT HEALTH”) MAY CREATE AND MAKE AVAILABLE ON THIS APP OR WEBSITE FROM TIME TO TIME. THIS AGREEMENT SET FORTH YOUR LEGAL RIGHTS AND OBLIGATIONS RELATED TO THE KT TAPE APP. 


You represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and that your login/registration data is current, complete, and accurate. This Agreement will commence on the date that you accept this Agreement or download the App, whichever occurs first

In consideration of KT Health’s license of the KT Tape App to you, you agree as follows:


  1. TITLE AND OWNERSHIP. The KT Tape App is a copyrighted and patented work, with U.S. patents 11141649 and 11602683. KT Health (including its affiliates and/or third-party providers as applicable) shall retain all rights, title and interest in the App, all content and materials contained in the App or posted on KT Health’s website, including software, text, graphics, trademarks, logos and images (“KT Health Materials”), and in all intellectual property rights therein. No licenses or other rights of any kind are granted or conveyed except for the limited license expressly provided herein.  You agree that you will not remove, conceal or otherwise change any copyright, trademark, patent or other proprietary notice or source identifier contained in or associated with the App.

  2. LIMITED LICENSE. KT Health hereby grants to you a limited, nonexclusive, non-transferable, non-sublicensable license to use the App on a mobile device or personal computer that you may own or control to use, display, execute, and perform the App during the term of this Agreement for the sole purpose of purchasing KT Tape products, accessing instructional content, and using other functions provided by or through the App for their intended purposes.
     
    3. YOUR OBLIGATIONS.  You agree that you will use the KT Tape App and other KT Health Materials solely for your own personal, individual use, and that you will not use them for any purpose that is unlawful or that is prohibited by this Agreement. Without limiting the above, you specifically agree you will not, and will not permit anyone else, to:
  • modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network, or create derivative works of the App or other KT Health Materials;
  • reverse engineer, decompile, or disassemble the App software or otherwise attempt to discover its source code;
  • do anything with the App that violates HIPAA regulations or any other law, regulation, or privacy requirement;
  • delete or alter any proprietary rights or attribution notices in any content or KT Health Materials obtained through the App; or
  • post, cast or otherwise make the App available over a computer network where it could be used by multiple devices at the same time.
     
  1. UPDATES OF THE APP.  During the term of this Agreement, KT Health may, in its sole discretion, develop updates and may notify you that it has released an updated version of the App (the "Updated App"). You may download the Updated App and use the Updated App instead of the prior version. Any Updated App will also be considered the "App" for purposes of this Agreement.  KT Health reserves the right at any time and from time to time to supplement, add, change, modify, alter or discontinue temporarily or permanently any and all functionality or features of the App with or without notice.  You agree that KT Health shall not be liable to you for any modification, suspension or discontinuance of the App or any features or functions of the App.  If KT Health is required due to any third-party rights to modify the App, you agree to discontinue use of any prior version of the App and commence using a modified version of the App promptly after it is provided to you by KT Health.
     
    5. TERMINATION. This Agreement shall remain in force perpetually unless and until terminated as follows: You may terminate this Agreement by deleting all copies of the App from your devices. This Agreement and the limited license granted hereunder shall automatically terminate immediately if you breach any term or condition hereof. KT Health may also terminate this Agreement upon notice to you if it determines that termination is required or advisable for legal reasons. In the event of a termination of this Agreement, you agree to discontinue all use of the App, promptly destroy or have destroyed all copies of the App, and upon request from KT Health you agree to certify in writing to KT Health that such destruction has taken place. Sections 1, 3, 6, 7 and 8 will survive any termination of this Agreement.
     
    6.  DISCLAIMER OF WARRANTIES. The App and KT Health Materials are provided to you "AS IS" and any use of the App is at your own risk. You acknowledge that the App provided may contain bugs and errors. To the extent legally permitted under applicable law, KT Health disclaims all warranties, whether express, implied or statutory, including without limitation any implied warranties of title, non-infringement of third-party rights, merchantability or fitness for a particular purpose. KT Health makes no warranties that the App, KT Health Materials, or its products or services are free of errors or faults, that they will produce any health benefits, or that the information provided through the App will be beneficial or accurate. No information in the App should be used as medical advice or for diagnosing or treating any medical condition. INFORMATION AND DATA PROVIDED THROUGH THE APP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
     
    7.  LIMITATION OF LIABILITY. You agree that to the extent legally permitted under applicable law, KT Health shall not be responsible for any loss or damage to you or others caused by failure of the App to function or any errors in its functionality. In no event will KT Health be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods, lost data or use interruption) in connection with the use of the App or in connection with any other claim arising from this Agreement, even if KT Health has been advised of the possibility of such damages. The aggregate liability of KT Health arising from or relating to this Agreement and the App, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to KT Health during the six-month period preceding the event giving rise to liability. Nothing in this Agreement shall limit or exclude KT Health’ liability for gross negligence or intentional misconduct of KT Health or its agents or employees. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
     
    8. GENERAL PROVISIONS.
    8.1 Feedback. In the event that you provide KT Health with feedback regarding the use, operation or functionality of the App ("Feedback"), including but not limited to suggestions, requests, or information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to KT Health all rights in the Feedback and agree that KT Health shall have the right to use the Feedback and related information in any manner it deems appropriate.
     
    8.2 Governing Law, Venue and Arbitration. This Agreement shall be governed by the laws of the State of Utah without giving effect to any conflict of laws principles that may provide the Application of the law of another jurisdiction. You and KT Health agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in Utah and the federal courts located in the district in Utah, where KT Health has its principal place of business. The Application of the United Nations Convention on the International Sale of Goods is hereby expressly excluded. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. You acknowledge that any breach of this Agreement by you would cause irreparable injury to KT Health for which monetary damages would not be an adequate remedy and, therefore, KT Health will be entitled to seek injunctive relief (including specific performance) in any court of competent jurisdiction.
     
    8.3 Severability; Language. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will remain in full force and effect.
     
    8.4 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
     
    8.5 Assignment and Transfer. You may not offer, loan, transfer, encumber, sell or otherwise dispose of the copy of the App you receive to any third party without prior written authorization from KT Health. Any unauthorized transfer will be void.

 

8.6 Laws and Export. Please see our Privacy Policy for our policies and practices regarding personal information and data. Our provision of the App and other KT Health Materials and services is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with governmental, court and law enforcement requests or requirements. KT Health offers the App from our location in the United States of America. We make no representation that the App or other KT Health Materials are appropriate or available for use in other locations, and use thereof in territories where their content is illegal is prohibited. You may not use or export the KT Health Materials in violation of U.S. export laws and regulations.

 

8.7 Entire Agreement. This Agreement and any terms included in the App itself as to data gathering, advertising, or in-App purchases constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of KT Health, shall require the signature of a duly authorized officer of KT Health).