End-User License Agreement
Effective Date: 12-09-2024
These are the terms of use for My Health Journal ("we," "us," or "our"). By accessing and using My Health Journal mobile application or website (collectively referred to as the "Service"), you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use the Service.
My Health Journal provides tools to document, view, and share all of your family’s health information. Keep track of symptoms, medications, appointments, and more for every member of your family in an app that organizes everything for you. The Service may include, but is not limited to:
(a) Eligibility: You must be at least 5 years old to use the Service. By using the Service, you represent and warrant that you are of legal age to enter into a binding agreement.
(b) Account Creation: You may be required to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account information and agree to be solely responsible for all activities that occur under your account.
(c) Acceptable Use: You agree to use the Service in compliance with applicable laws and regulations. You will not use the Service for any unlawful purpose or engage in any activity that could harm the Service or its users.
(d) User Content: You are solely responsible for any content you post or submit through the Service. By submitting content, you grant My Health Journal a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such content in connection with the Service.
(a) Ownership: My Health Journal retains all rights, title, and interest in and to the Service, including any content, logos, trademarks, and other intellectual property.
(b) License: Subject to your compliance with these Terms of Use, My Health Journal grants you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose.
Your privacy is important to us. Please refer to our Privacy Policy to understand how we collect, use, and disclose information.
My Health Journal reserves the right to terminate or suspend your access to the Service at any time without prior notice for any reason, including if you violate these Terms of Use.
My Health Journal shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Service.
You agree to indemnify and hold harmless My Health Journal and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to your use of the Service or violation of these Terms of Use.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kentucky, United States. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the courts of the State of Kentucky, United States.
Any dispute, controversy, or claim arising out of or relating to these Terms of Use, including the breach, termination, or validity thereof, shall be resolved by mediation. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in accordance with the rules of the arbitration provider selected by My Health Journal. The arbitration shall take place in the State of Kentucky, United States, and the language of the arbitration shall be English. The award rendered by the arbitrator(s) shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to use the Service in a manner consistent with all applicable laws and regulations. You shall not engage in any of the following prohibited activities:
The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied. My Health Journal disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. My Health Journal does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.
The Service may contain links to third-party websites or services that are not owned or controlled by My Health Journal. My Health Journal has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that My Health Journal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
My Health Journal reserves the right to modify, suspend, or discontinue the Service, or any part of it, at any time without prior notice. You agree that My Health Journal shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.
If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
We may update these Terms of Use from time to time. The revised policy will be posted on this page with an updated "Effective Date." We encourage you to review these Terms of Use periodically for any changes.
Generally. From time to time, My Health Journals may offer products and services for purchase (“in-app purchases”) through the App Store, Google Play Store, carrier billing, My Health Journals direct billing, or other payment platforms authorized by My Health Journals. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play Store or the App Store) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize My Health Journals or the third party account, as applicable, to charge you.
If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your third-party account (or Account Settings on My Health Journals, if applicable) and follow the instructions to cancel your subscription, even if you have otherwise deleted your account with us or deleted the My Health Journals application from your device. Deleting your account on My Health Journals or deleting the My Health Journals application from your device does not cancel your subscription; My Health Journals will retain all funds charged to your Payment Method until you cancel your subscription on My Health Journals or the third-party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Additional Terms that apply if you pay My Health Journals directly with your Payment Method. If you pay My Health Journals directly, My Health Journals may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, My Health Journals may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting My Health Journals and going to Settings. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to My Health Journals will be through My Health Journals.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
If you subscribed using your Apple ID, refunds are handled by Apple, not My Health Journals. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history,” find the transaction and select “Report Problem”. You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account or through My Health Journals directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or My Health Journals (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number.
If you have any questions or concerns about this Terms of Use, please contact us at leann@my-health-journal.com.