Last modified: May 27, 2021
A. About Kambaii Health Services
Privacy and Security. Kambaii Health’s services have robust privacy and security policy.
Our App and Features. We will communicate with you via our Kambaii Health App through messages, text, voice and video calls, sending images and video, showing your status, and sharing your location with others when you choose. Kambaii Health may work with partners, service providers, and affiliated companies to provide other services as needed. The Kambaii Health’s Medicine Reminder application is a free application. By using the Kambaii Health application, you consent to the data practices described in this statement.
Ways to Improve Our Services. We may analyze the data collected by our app which is provided by our customers in order to improve our services. Kambaii Health may collect and use information you provide to operate and deliver the services you have requested. Kambaii Health may also use your personally identifiable information to inform you of other products or services available from Kambaii Health and its affiliates.
Safety, Security, and Integrity. We will protect the safety, security, and integrity of our services. This includes appropriately dealing with anyone who are abusive and any activities that violate our terms. We will prohibit misuse of our services including harmful conduct towards anyone, violations of our Terms and Policies, and immediately address situations to protect our community. If we find anyone engaging in improper or uncivil activity, we will take appropriate action by removing such individuals from our using our app and services. Additionally, we may contact law enforcement for further action. Any such removal of individuals will be in accordance with the conductions as stated in the “Termination” section.
Security of Our Services. All customer information and data are stored on a fully secured server. Kambaii Health will provide all relevant information and distribute contents to our customers via the secured server. The data infrastructure that is on the secured server may be owned or operated by another company we work with.
Affiliated Companies. Kambaii Health is part of CRID USA, LLC and hence shares customer information with CRID USA, LLC to ensure security, safety, and integrity of all Kambaii Health services and to improve your experience of Kambaii Health’s products and services.
NO ACCESS TO EMERGENCY SERVICES. Our services do not provide access to emergency services or hospitals. In the event of an emergency situation or life threatening situation, member/patient must call/contact a hospital or medical facility immediately and not Kambaii Health.
Enrollment. You must enroll for our services based on the different membership plans using accurate information, and provide your current mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) for our services.
Minimum Age Requirement. You must be at least 13 years old to use our app and use our services (based on your country of residence you may need approval of your parent or guardian). In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our Terms in your country of residence, your parent or guardian must agree to our Terms on your behalf.
Devices and Software. Customers will be provided with Kambaii Health products (e.g. wearable devices) and app upon membership enrollment. Membership enrollment includes the price of Kambaii Health products and app. In order to use our services, you consent to downloading the app and installing any updates to access our services. You also consent to our sending you notifications via our app from time to time, as necessary to provide our services to you.
Fees and Taxes. You are responsible for all Kambaii Health service plans, and other fees and taxes as applicable associated with your use of our services.
B. Acceptable Use of Our Services
Our Terms and Policies. You must use our services according to our Terms and Policies. If you violate our Terms or Policies, we may take appropriate action with respect to your membership, including disabling or suspending your account and terminating your membership. If we do, you agree not to download our app again without our permission. Disabling or suspending your account/membership will be in accordance with the “Termination” section below.
Legal and Acceptable Use. You must use our app and services only for legal, authorized, and acceptable purposes. Except for the free Kambaii Health Medicine Reminder app, all other Kambaii Health app requires Kambaii Health membership.
(a) You agree not to use our services in ways that violate, misappropriate, or infringe the rights of Kambaii Health, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Additionally, you agree not to assist others in using our services in ways that: violate, misappropriate, or infringe the rights of Kambaii Health, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights.
(b) You agree not to use our services in ways that are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent or any types of crimes/illegal activities, civil unrest or coordinating harm.
(c) You agree not to use our services in ways that involve publishing falsehoods, misrepresentations, or misleading statements.
(d) You agree not to use our services in ways that involve any non-personal use of our Services unless otherwise authorized by us.
Kambaii Health and Our Users.
(a) You must not either directly or indirectly, or through automated or other means - access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our services, systems, our users, or others.
(b) You must not either directly or indirectly, or through automated means - reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our services.
(c) You must not either directly or indirectly, or through automated means - send, store, or transmit viruses or other harmful computer code through or onto our services.
(d) You must not either directly or indirectly, or through automated means - gain or attempt to gain unauthorized access to our services or systems.
(e) You must not either directly or indirectly, or through automated means - interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our services.
(f) You must not either directly or indirectly, or through automated means - create accounts for our Services through unauthorized or automated means.
(g) You must not either directly or indirectly, or through automated means - collect information of or about our users in any impermissible or unauthorized manner.
(h) You must not either directly or indirectly, or through automated means - sell, resell, rent, or charge for our services or data obtained from us or our services in an unauthorized manner.
(i) You must not either directly or indirectly, or through automated means - distribute or make our services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our services.
(j) You must not either directly or indirectly, or through automated means - create software or APIs that function substantially the same as our services and offer them for use by third parties in an unauthorized manner.
(k) You must not either directly or indirectly, or through automated means - misuse our app via or submit fraudulent claims.
Security of Your Account. You are solely responsible for keeping our device and your Kambaii Health account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our services.
C. Third-Party Services
D. Kambaii Health Licenses
Your Rights. Although Kambaii Health does not claim ownership of the information that you submit for your Kambaii Health account or through our services, we may use your submitted information to better serve you while you are a member of Kambaii Health and to improve our app to provide better customer service.
Kambaii Health Rights. Kambaii Health own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our services. You may not use our copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights unless you have our permission/approval.
Your License to Kambaii Health App. In order to operate and provide our services, you agree to grant Kambaii Health’s app non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our services. The rights you grant in this license are for the limited purpose of operating and providing our services (such as to allow us to display your profile picture and status message, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them).
Kambaii Health’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Copyright, Trademark, and Other Intellectual Property Infringement. We may take necessary action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of Kambaii Health app, product or services. Disabling or suspending your account will be in accordance with the “Termination” section below.
E. Disclaimers and Release
1. KAMBAII HEALTH APP AND SERVICES ARE BEING CONTINUALLY DEVELOPED AND IMPLEMENTED WHEN THEY ARE READY. YOU USE OUR KAMBAII HEALTH APP AND SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE.
2. WE DO NOT WARRANT THAT INFORMATION PROVIDED BY US IS COMPLETE, THAT OUR SERVICES WILL BE OPERATIONAL AT ALL TIMES AND ARE ERROR FREE OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.
3. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE.
4. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES.
5. YOU RELEASE US, OUR AFFILIATES, AND OUR MANAGEMENT/DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “KAMBAII HEALTH PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES.
6. YOUR RIGHTS WITH RESPECT TO THE KAMBAII HEALTH PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
F. Limitation of Liability
1. KAMBAII HEALTH PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE KAMBAII HEALTH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
2. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE KAMBAII HEALTH PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on Kambaii Health, or any other use of our services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Kambaii Health Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to Kambaii Health are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it.
Forum and Venue. If you are a Kambaii Health user located in the United States or Canada, the “Special Arbitration Provision For United States Or Canada Users” section below applies to you. Please also read that section carefully and completely. If you are not subject to the “Special Arbitration Provision For United States Or Canada Users” section below, you agree that any claim or cause of action you have against Kambaii Health relating to, arising out of, or in any way in connection with our Terms or our services, and for any claim or cause of action that Kambaii Health files against you, you and Kambaii Health agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the United States District Court for the Southern District of California and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of the State of California will govern any such claim or cause of action without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration in any competent court in the country in which you reside that has jurisdiction over the Dispute.
Governing Law. The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Kambaii Health and you, without regard to conflict of law provisions.
Time Limit to Bring a Claim or Dispute. THESE TERMS ALSO LIMIT THE TIME YOU HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute (except for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
I. Availability and Termination of Our Services
Availability of Our Services. We are always striving to improve our services to best of our scope and abilities. That means we may expand, add, or remove our services, features, functionalities, and the support of certain devices and platforms. At times, our services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect our services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a Kambaii Health user, you can terminate your membership with Kambaii Health anytime for any reason by deleting your account. For instructions on how to do so, please visit the Kambaii Health’s Customer Support Center.
We may modify, suspend, or terminate your access to or use of our services anytime for any reason, such as if you violate our Terms and conditions or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with Kambaii Health: “Licenses,” “Disclaimers And Release,” “Limitation Of Liability,” “Indemnification,” “Dispute Resolution,” “Availability And Termination Of Our Services,” “Other,” and “Special Arbitration Provision For United States Or Canada Users.”
1. Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Kambaii Health and our services, and supersede any prior agreements.
2. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
3. You will comply with all applicable United States and non-United States export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws without the required government authorizations. You will not use or download our services if you are located in a restricted country, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
4. Our Terms are written in English. Translation of our Terms in any other language is not permitted.
5. We may amend or update these Terms at any time. We will provide you notice of the amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our services at once by deleting your account.
6. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our services, but if you do not agree to such an assignment, you must stop using our services by deleting your account after having been notified of the assignment.
7. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
8. Nothing in our Terms will prevent us from complying with the law.
9. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
10. If we fail to enforce any of our Terms, it will not be considered a waiver.
11. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect except as set forth in the “Special Arbitration Provision For United States Or Canada Users” section below.
12. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
13. We always appreciate your feedback or other suggestions about Kambaii Health and our Services, but you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction to modify and/or improve our services.
K. Special Arbitration Provision for Users in United States or Canada
THIS SECTION CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU ARE A KAMBAII HEALTH USER LOCATED IN THE UNITED STATES OR CANADA, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our services or engage with our services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this “Special Arbitration Provision For United States Or Canada Users” section, including any question whether a Dispute between Kambaii Health and you is subject to arbitration.
Agreement to Arbitrate for Kambaii Health Users Located in the United States or Canada.
1. If you are a Kambaii Health user who live in the United States or Canada, Kambaii Health and you each agree to waive the right to a trial by judge or jury for all disputes, except for the excluded disputes.
2. Kambaii Health and you agree that all disputes (except for the excluded disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration.
3. Kambaii Health and you agree not to combine a dispute that is subject to arbitration under our Terms with a dispute that is not eligible for arbitration under our Terms. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) username; (d) email address or phone number you use for your Kambaii Health account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us should be mailed to CRID USA, LLC, ATTN: Kambaii Health Arbitration Filing, CRID USA, LLC, 1234 XYZ Road, City, CA 12345. Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision. You must use this address to opt-out:
CRID USA, LLC
1234 XYZ Road
City, CA 12345
You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and (iii) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
No Class Actions, Class Arbitrations, or Representative Actions for Users Located in the United States or Canada. We and you each agree that if you are a Kambaii Health user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.
Place to File Permitted Court Actions. If you opt out of the agreement to arbitrate, if your dispute is an excluded dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the applicable provision in the “Dispute Resolution” section set forth above.