TERMS OF USE AND CONDITIONS

TO USE THE KINSA, INC. WEBSITE, MOBILE APPLICATION, YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW, AS WELL AS THE TERMS SET FORTH IN OUR PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES, WHICH ARE INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AS SET FORTH BELOW OR THE TERMS DESCRIBED IN OUR PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES, YOU MUST NOT USE OUR WEBSITE OR MOBILE APPLICATION.

Welcome to Kinsa, Inc.’s (“Kinsa” “our” “we”) website and mobile application. These Terms of Use and Conditions (“Terms”) govern your use of the Kinsa website, mobile application (“Application”), and related services (collectively, the “Site”). Please read these Terms in full before using our Site. By accepting these Terms, or by using this Site, you agree to be legally bound by these Terms, and our Privacy Policy and Notice of Privacy Practices. If you do not agree to these Terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site and Application bind you to the use of the changes made. We do occasionally update these terms so please refer to them in the future.

DO NOT SHARE YOUR KINSA USERNAME OR PASSWORD WITH ANYONE. You are responsible for taking steps to protect yourself from unauthorized use of your username or password. We are not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume the risk of an unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of our Site or any service related thereto resulting from your actions or omissions.

DO NOT SEND URGENT OR EMERGENCY MESSAGES USING OUR SITE OR APPLICATION. IN CASE OF EMERGENCY YOU SHOULD CALL 911.

Our Site contains software regulated by the U.S. Food and Drug Administration (FDA) as a medical device. Specifically, the software associated with reading a temperature using the Kinsa Smart Thermometer is regulated by the FDA. The Kinsa Smart Thermometer is intended to measure the human body temperature orally, rectally, or under the arm, and the thermometers are reusable for clinical or home use on individuals of all ages. 

 

Medical Advice Disclaimer

All Content shared through the Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment from an appropriately qualified and licensed physician or other healthcare provider.  Always seek the advice of a qualified healthcare provider with any questions you may have regarding your health, including any symptoms that are severe or concerning. If you are having a medical emergency, call 911 or the number for the local emergency ambulance service. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through this application.

Medical information provided through the Site doesn’t apply to everyone. The Site does not provide advice for all possible medical complications that may arise from fever and related symptoms. The information provided within the Site is not applicable to certain individuals with special medical considerations including, but not limited to, those who:

  • Are pregnant
  • Are age 60 or older
  • Have sickle cell disease
  • Have had a splenectomy or organ transplant
  • Are HIV positive
  • Have cancer
  • Are taking chronic steroids, chemotherapy, or immunosuppressant medications
  • Are unvaccinated or under-vaccinated
  • Have a chronic condition, such as kidney, lung, liver, or heart disease
  • Have a history of epilepsy
  • Have any other medical condition that may require treatment from a qualified healthcare provider

Kinsa shares medical information about symptoms, treatments, and medical conditions from trusted medical information sources that have been reviewed by our team of clinicians. Our care recommendations in our Site are based on the adult and pediatric telephone protocols published by the American Association of Pediatrics, with supplemental information from other trusted sources including: 

  • Adult Telephone Protocols, 4th Edition, by David A. Thompson, MD, FACEP, American Academy of Pediatrics, 2018
  • American Migraine Foundation
  • Centers for Disease Control and Prevention (CDC) 
  • ClinicalTrials.gov 
  • Food and Drug Administration (FDA)
  • healthychildren.org
  • Mayo Clinic, USA  
  • National Cancer Institute (NCI) 
  • National Institutes of Health (NIH) 
  • National Library of Medicine (NLM) 
  • Pediatric Telephone Protocols, 16th Edition, by Barton D. Schmitt, MD, FAAP, American Academy of Pediatrics, 2018
  • United States Surgeon General 
  • World Health Organization (WHO) 

 

Access to Site and Application

Subject to the terms and conditions of these Terms, we grant to you a limited, personal, non-exclusive, non-sub licensable, non-transferable, and revocable license to access and use the Site and the Content made available therein only in the manner presented by us and only for your personal and non-commercial use. 

You may be able to access our Site without having to register any details with us.

You may only access our Application by downloading it from our website or third parties like the Apple iTunes Store or Google Play. We do not have any control over third-party websites or applications, and as such, we disclaim all liability from your use of those third-party websites and applications. You should be sure to review any third-party website’s terms of use and conditions and privacy policies when you choose to download our Application through such third-party website.

 

Privacy

We are committed to maintaining the privacy of your information. Please refer to our Privacy Policy and Notice of Privacy Practices for information on how we collect, use, disclose and protect your information. Acceptance of these Terms constitutes your consent to the practices set forth in our Privacy Policy and Notice of Privacy Practices. All information obtained and maintained by Kinsa is subject to all applicable state and federal laws and regulations governing the security and confidentiality the information.

 

Use of Your Information

Kinsa permits you to record information about common illnesses and your symptoms. Once you have transferred this information to our Site, the use and disclosure of this information is governed by applicable state and federal regulations. We use commercially reasonable efforts designed to maintain and protect the security of any information provided to Kinsa through our Site.

 

Use of Site and Application

Our Site, and all images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided by Kinsa through the Site (“Content”) and the collection and compilation and assembly thereof are the exclusive property of Kinsa or its licensors, and are protected by U.S. and international copyright laws.

The Contents may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark symbol does not constitute a waiver of any and all intellectual property rights that Kinsa or its businesses has established in any of its products, Site, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any Content for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the Content in any manner that infringes or violates the rights of any person or entity. We reserve all rights to the Content and this Site.

As a condition of your use of the Site, you will not use the Site or any Content, for any purpose that is unlawful in any applicable jurisdiction where our Site are being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section below. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site or any Content. You may not attempt to gain access to any portion of the Site or any of its Content, other than those for which you are authorized.

As a condition of your use of the Site, YOU AGREE NOT TO REVERSE ENGINEER OUR APPLICATION, THE KINSA SMART THERMOMETER, AND ANY OTHER SOFTWARE RELATED TO THE USE OF THE KINSA SMART THERMOMETER IN ANY WAY WHATSOEVER. For purposes of clarity, this includes but is not limited to determining composition or components, and analyzing the methods of communication, signal processing and inputs/ outputs from, between, and to the Kinsa Smart Thermometer, a mobile device, and the Site or any related software.

While reasonable effort is made to ensure the timeliness and accuracy of the Site and Content, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from such use.

While reasonable effort is made to ensure that all Content provided on the Site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer or mobile device, and you should ensure that you have a complete and current backup of the applicable items on your computer or mobile device. 

 

Site Uptime

We take reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites and mobile applications do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if our Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

 

User Conduct

The Site may contain forums, chat areas, message boards, and other message or communication facilities designed to allow you to communicate with the Internet community or with a group. You are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site. You agree to use the Site only to post, send and receive messages and content that are proper and related to the particular service. Among other actions, when using the Site, you affirm, represent, and warrant that you will not post, send, submit, publish, or transmit in connection with the Site any material that:

  • you do not have the right to post, including proprietary material of any third party, such as files containing software or other third party material protected by intellectual property laws (or by rights of privacy or publicity);
  • violates or may violate any law, advocates illegal activity or discusses an intent to commit an illegal act;
  • does not pertain directly to the Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, or is obscene, pornographic, vulgar, indecent, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on the Site;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or network;
  • disobeys any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of Site or any networks related to the Site; or
  • contains links to other websites or software containing content that falls within the descriptions set forth above.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of the this Section.

We reserve the right, but shall not be obligated, to monitor use of the Site to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason. Materials uploaded to the Site by users may be subject to limits on use, reproduction or dissemination and you are responsible for abiding by such limitations with respect to your submissions.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF USER CONDUCT FOR THE SITE OR ANY OTHER PROVISIONS OF THESE TERMS, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

If you know or suspect that any of the content or materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

Copyright Agent Name: DMCA Agent, Kinsa Inc.

Address: 535 Mission St, 18th floor, San Francisco, CA, 94105

Email: copyright@kinsahealth.com 

Phone: 917-426-3860

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

 

Links to Site and Application

If you would like to link to our Site or Application, you may only do so on the basis that you link to, but do not replicate, any page of our Site or portions of our Application, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a website that is not owned by you; and

(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

 

Disclaimers

YOU ACKNOWLEDGE THAT THE CONTENT AND OUR SITE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. You acknowledge that you understand and assume full responsibility for the risks associated with the use of our Site and the services offered by each, and that the use of such is at your sole risk. Kinsa is not liable to you, or any third party, for any decision made or action taken by you or any third party based on information contained on our Site and the services offered; or, due to reliance upon information contained on our Site and the services. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While reasonable effort is made to ensure smooth and continuous operation, we do not warrant the Site will operate error free.

All information on our Site and Application is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The Content could include technical inaccuracies or typographical errors. Changes are periodically added to the Content and our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the Content.

 

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

 

Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, OR YOUR RELIANCE ON OR USE OF THE SITE OR CONTENT, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. This limitation of liability shall be enforced to the extent permissible under applicable law. 

 

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from; (1) your use of and access to the Site, (2) your violation of these Terms, or (3) your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

 

Applicable Law

We make no representations that the Content or the Site are appropriate or may be used or downloaded outside the United States. Access to the Site and/or the Content may not be legal in certain countries outside the United States. If you access the Site or from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the website.

Any disputes arising hereunder shall be construed and interpreted under the laws of the State of California, and applicable United States federal laws. Use of our Site and Application constitutes agreement of the user to the jurisdiction of the state and federal courts located in San Francisco, CA.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.

In the event that the license granted hereunder is pursuant to a contract with either a defense or civilian agency of the United States Government, you agree that the Site is provided with restricted rights. In such a case, the Site and the corresponding documentation are “Commercial Items,” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government users (i) only as Commercial Items and (ii) with only those rights as are granted to all other licensees and end users pursuant to these Terms.

 

General

These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site or Application, shall constitute the entire agreement between us concerning use of the Site and Application. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Last Updated: September 27, 2019