Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and The Live Every Day Foundation, D-U-N-S® 145033751 (“Live Every Day,” “we,” “us,” or “our”). They govern your access to and use of our mobile application, web application, websites, and related services (the “Service”).

By creating an account, selecting an acceptance control, or using the Service, you agree to these Terms. If you do not agree, do not create an account or use the Service. Our Privacy Policy explains how we handle information, and our Medical Disclaimer is part of these Terms.

2. Eligibility

You must be at least 18 years old and legally able to enter into this agreement to create and manage a patient account. The Service is not directed to children under 13. A parent, legal guardian, caregiver, clinician, or support person may use only a role and authorization flow that Live Every Day expressly makes available for that purpose.

You may not use the Service if applicable law prohibits you from doing so or if we previously terminated your account for serious or repeated violations. If you use the Service on behalf of an organization, you represent that you have authority to bind it to these Terms.

3. User accounts

• Provide accurate account information and keep it reasonably current.
• Keep your password, device, sign-in provider, and session secure. Do not share an account or allow another person to impersonate you.
• Notify us promptly at info@liveeveryday.health if you suspect unauthorized access.
• You are responsible for activity under your account except to the extent caused by our failure to use reasonable safeguards.

Third-party sign-in options are also subject to the provider’s terms. We may require identity or account verification when reasonably necessary to protect health data.

4. What the Service does

Live Every Day helps people organize, enter, import, visualize, and selectively share health information. Features may include condition profiles, symptom questionnaires, lab extraction and review, medication and vital tracking, trends, informational observations, appointments, and patient-controlled circle or care-team access.

The Service may calculate scores or use automated systems and artificial intelligence to extract or phrase information. These outputs can be incomplete or wrong. You must review imported values and consult a qualified healthcare professional about medical decisions. See the Medical Disclaimer.

5. Acceptable use

You agree not to:

• violate law, another person’s rights, or these Terms;
• access, upload, or disclose another person’s health information without appropriate authority and consent;
• use the Service to make emergency, diagnostic, prescribing, treatment, or other clinical decisions without independent professional judgment;
• upload malware, harmful code, unlawfully obtained content, or content that is fraudulent, abusive, threatening, or materially misleading;
• probe, scan, disrupt, overload, bypass, or defeat authentication, access controls, rate limits, or security measures;
• scrape, harvest, reverse engineer, decompile, or attempt to discover source code or models except where law expressly permits and cannot be waived;
• use automated means to access the Service without our written permission, or resell, sublicense, or commercially exploit the Service; or
• impersonate another person or misrepresent an affiliation or authorization.

We may investigate suspected misuse and take proportionate steps to protect users and the Service. We will seek to preserve legitimate access and provide notice when reasonably possible.

6. Your information and content

You retain ownership of the information and content you submit to the Service. You give Live Every Day a limited, nonexclusive license to host, copy, process, transmit, display, and otherwise use that content only as needed to provide, secure, support, and improve the Service; honor your sharing choices; comply with law; and exercise the rights described in these Terms and the Privacy Policy. This license ends when the content is deleted, except for limited backup, security, and legal retention.

You represent that you have the rights and permissions needed to submit content and allow us to process it. You remain responsible for reviewing data accuracy and deciding what to share. If another user gives you access to health information, you may use it only for the purpose and within the permissions they authorized.

7. Live Every Day intellectual property

The Service, including its software, visual design, text, graphics, compilations, branding, and underlying technology, is owned by Live Every Day or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, revocable, nonexclusive, nontransferable license to use the Service for its intended, noncommercial purpose.

Third-party names, instruments, content, and marks remain the property of their owners. No partnership reference or resource link gives you rights in a third party’s marks or implies that the third party provides medical care through Live Every Day.

If you send optional feedback, you allow us to use it without restriction or payment, provided we do not publicly identify you or disclose your health information without permission.

8. Third-party services and links

The Service relies on third parties for cloud hosting, authentication, email, app distribution, and data processing, and it may link to independent health resources. Third-party services have their own terms and privacy practices. We are not responsible for independent third-party content or conduct, but we select operational providers with safeguards appropriate to their role and require contracted processing to remain within authorized purposes.

Address suggestions are provided by Google Maps Platform. When you use that feature, your use is also subject to the Google Maps/Google Earth Additional Terms, and Google processes lookup information as described in the Google Privacy Policy.

9. Service availability and changes

The Service is offered free of charge under our current mission. We do not promise that every feature will always be available or remain unchanged. We may add, modify, suspend, or discontinue features to improve safety, reliability, compliance, or product quality.

We aim to provide reasonable notice of a material discontinuation and, when feasible, an opportunity to request an export first. Maintenance, provider failures, emergencies, and security events may require interruption without advance notice. Do not rely on the Service as the only copy of information needed for medical care or an emergency.

10. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LIVE EVERY DAY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE AGAINST EVERY THREAT, OR THAT HEALTH DATA, EXTRACTIONS, SCORES, TRENDS, OBSERVATIONS, OR THIRD-PARTY CONTENT WILL BE COMPLETE OR ACCURATE. Some jurisdictions do not allow certain warranty exclusions, so some of this section may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LIVE EVERY DAY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGE IS POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED US $100. These limits do not exclude liability that cannot lawfully be limited, including liability for our fraud, willful misconduct, gross negligence, or infringement of rights where applicable. Your jurisdiction may provide additional rights.

12. Suspension, termination, and account deletion

You may stop using the Service at any time and may delete your account through the in-app or web account settings. See our Data Deletion page.

We may suspend or terminate access if you materially or repeatedly violate these Terms, create a security or safety risk, use the Service unlawfully, or if operating the Service becomes unlawful or impracticable. When reasonable, we will provide notice and an opportunity to correct the issue or retrieve data. We may act immediately when needed to protect users, health data, or system integrity.

On termination, your license to use the Service ends. Sections that by their nature should survive—including ownership, warranty disclaimers, liability limitations, dispute terms, and permitted retention—will survive.

13. Governing law and disputes

These Terms are governed by the laws of the United States and the State of North Carolina, without regard to conflict-of-laws rules. Mandatory consumer-protection rights that apply where you live are not waived.

Before filing a claim, you and Live Every Day agree to try in good faith for at least 30 days to resolve the dispute informally by written notice to info@liveeveryday.health. If the dispute cannot be resolved, either party may bring it in a court with lawful jurisdiction, unless applicable law gives you a right to bring it elsewhere. Nothing in this section prevents either party from seeking urgent injunctive relief or using an available small claims court. Subject to those rights, the state and federal courts in New Hanover County, North Carolina will have exclusive jurisdiction and venue.

14. General terms

These Terms, the Privacy Policy, and the Medical Disclaimer are the entire agreement between you and Live Every Day about the Service. If a provision is unenforceable, it will be modified only as much as necessary and the rest remains effective. Our failure to enforce a term is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of an organizational restructuring or transfer of the Service if your rights remain protected.

15. Changes to these Terms

We may update these Terms as the Service or law changes. We will post the revised Terms with a new effective date and provide additional notice for material changes. Continued use after the new effective date means you accept the revised Terms. If you do not accept them, you must stop using the Service and may delete your account.

16. Contact

Contact The Live Every Day Foundation, D-U-N-S® 145033751, at info@liveeveryday.health with questions about these Terms.