Terms of Use
Updated on August 29, 2024
Welcome to SteadyPath!
Please read carefully these Terms of Use (“TOU”) and our Privacy Policy before using the services (including but not limited to SteadyPath services) offered by Bredis Healthcare Inc.(“Bredis Healthcare”). TOU constitute a legally binding agreement between Bredis Healthcare and you, governing your use of SteadyPath service and any relevant information, features, functions, and additional applications or software thereof (collectively, “SteadyPath” or “Service”) provided by Bredis Healthcare Inc. or its third-party suppliers or licensors. By agreeing to these TOU or by installing or using SteadyPath, you agree to be bound by these TOU. If you do not agree to these TOU, please do not install or use SteadyPath.
IMPORTANT NOTICE REGARDING ARBITRATION FOR USERS LOCATED IN THE U.S.: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BREDIS HEALTHCARE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY ARTICLE 13 “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Important Notice: SteadyPath is designed to help you manage records related to ADHD but is not a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a qualified healthcare provider for any medical condition. Bredis Healthcare is not engaged in the practice of medicine and does not determine the appropriate medical use of SteadyPath.
These TOU may be revised or updated from time to time. You hereby acknowledge that SteadyPath may be changed, updated, or discontinued with or without prior notice. Your use of SteadyPath may be suspended or terminated without notice if you breach these TOU or engage in any illegal, inappropriate, or prohibited behavior, such as the rooting, decompiling, or reverse engineering of your mobile device or any of its software. To the extent of any conflict between these TOU and any other terms and conditions you have agreed to regarding your use of your mobile device, these TOU will prevail.
Article 1 Grant & Scope of License
You are granted a limited, non-exclusive, and revocable license to install, access, and use SteadyPath under these TOU. Features may vary depending on your location, device, operating system, or network provider. SteadyPath and its content are proprietary to Bredis Healthcare and its licensors. You do not acquire any ownership interest. You may not reverse-engineer, modify, or use SteadyPath in any manner inconsistent with these TOU. For example, you may not:
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Sell or use any part of our Services for commercial purposes;
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Copy, reproduce, distribute, publicly perform, or publicly display any part of our Services;
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Modify or create derivative works based on our Services, including removing any proprietary rights notices;
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Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Services (unless permitted by applicable law);
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Use more than one account;
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Distribute, transfer, sublicense, lease, lend, or rent the Services to any third party; or
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Use our Services in any manner not expressly provided in these TOU.
Any unauthorized use of our Services will terminate the license granted under these TOU.
Article 2 Age Restrictions
If you are under 18, you must have parental or guardian consent to use SteadyPath. Your parent or guardian must supervise your use, and they assume all risks and responsibilities.
Article 3 User Content and Data Security
When you use our Service, you will be suggested to record your sleep pattern, meals, medications, and behaviors (“Daily logs”). During this process you may also be asked to note other information associated with your Daily logs such as your appetite, when you experience wear-offs, and how your behavioral symptoms have changed. You may also record other information associated with your Daily logs as you want. We refer to the information you provide to SteadyPath while using our Service as “User Content.”
You retain all rights in, and are solely responsible for, the User Content you provide to SteadyPath. You are responsible for safeguarding your account and notifying us immediately of unauthorized access. We use your data only to provide the Service and will not share it without your consent, except as permitted by our Privacy Policy.
Importantly, when you provide User Content to SteadyPath, you grant us permission to use that content for the purpose of operating the service we provide to you through our Service. Your User Content is not shared with other people unless you tell us to share it. We may share statistics from aggregated data or de-identified data with eligible bodies to improve. More details about how we use your User Content and other information can be found in our Privacy Policy.
If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items that we develop based on your feedback or suggestions.
Article 4 Update, Change, or Suspension of SteadyPath
Bredis Healthcare may, at any time, provide or make available updates or upgrades to SteadyPath (“Updates”), including, without limitation, changing the name of SteadyPath, bug fixes, service enhancements, new features, deletion of existing functions, or modification of SteadyPath. Updates will be governed by these TOU unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software, critical bug fixes, or other important Updates may be automatically downloaded and installed, given the importance of receiving such Updates in a timely manner.
Bredis Healthcare expressly reserves the right to change, suspend, remove, limit the use of, or disable the access to SteadyPath or any portion thereof at any time without notice or liability. It is essential that you back up your data on your device before using SteadyPaths to avoid losing any data.
Article 5 Third-Party Services and Content
Third-party services and/or content may also be available to you through SteadyPath. To the extent permitted by law, Bredis Healthcare disclaims any warranty, condition, or representation in respect of any third-party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third-party rights, and compliance with any applicable laws or regulations. The use of third-party services and content may be governed by the terms of use of the third-party providers, or any license agreements, privacy policies, or other such agreements. Certain portions of SteadyPath may be subject to open source licenses, in which case the terms of such open source licenses may precede the terms of these TOU with respect to that portion of SteadyPath.
Article 6 Data Collection and Usage
Bredis Healthcare and its service providers may collect and use information to provide and improve SteadyPath, consistent with our Privacy Policy. We comply with the GDPR of the European Union and other applicable laws in handling your data. We respect your privacy. Please check our Privacy Policy to be aware of how we collect, use and share your personal information during your use of our Services.
Article 7 Data Access
Your use of SteadyPath may require an internet connection and may incur data charges. Some features may be limited by your device’s performance or network capabilities.
Article 8 Compliance with Law
You must comply with all applicable laws when using SteadyPath, including data protection and export control laws.
Article 9 Termination
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Termination by You: You may terminate your account at any time by choosing “Delete Account” from the Account settings page in the SteadyPath app. If you cannot find the menu, please contact platform@bredis.co.kr
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Termination by Bredis Healthcare: Bredis Healthcare reserves the right to suspend or terminate your account and access to the App if you violate these Terms of Service or for any other reason at our sole discretion.
Article 10 Disclaimers
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No Medical Advice: SteadyPath provides features for users to manage their own records related to ADHD. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
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Service Availability: We do not guarantee that the App will be available at all times or without interruptions.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, completeness, truthfulness, or reliability of any information or content on the Services.
Article 11 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BREDIS HEALTHCARE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TOC OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BREDIS HEALTHCARE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BREDIS HEALTHCARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TOC OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BREDIS HEALTHCARE AND YOU.
Article 12 Indemnification
You agree to release, indemnify, defend, and hold harmless Bredis Healthcare, its licensors, suppliers, contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of SteadyPath, your violation of the rights of any third party, or any breach of these TOU. You expressly waive the provisions of any state or local law limiting or prohibiting a general release.
Article 13 Governing Law and Dispute Resolution
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Governing Law and Forum Choice. These TOC and any action related thereto will be governed by the laws of South Korea, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in this Article, the exclusive jurisdiction for all Disputes (defined below) that you and Bredis Healthcare are not required to arbitrate will be the courts located in South Korea and you and Bredis Healthcare each waive any objection to jurisdiction and venue in such courts.
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Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these TOC or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Bredis Healthcare agree that the South Korean laws govern the interpretation and enforcement of these TOC, and that you and Bredis Healthcare are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive the termination of these TOC.
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Exceptions. As limited exceptions to Article 9: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
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Any arbitration hearings will take place in South Korea, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
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Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the applicable arbitration rules in South Korea, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law, unless the arbitrator finds your Dispute frivolous.
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Injunctive and Declaratory Relief. Except as provided in Article 9, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
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Class Action Waiver. YOU AND BREDIS HEALTHCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Article 14 Miscellaneous
a. Entire Agreement
These TOU are the entire agreement between you and Bredis Healthcare relating to SteadyPath and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to SteadyPath or any other subject matter covered by these TOU. If any provision of these TOU is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
b. Notices
Any notices or other communications provided by Bredis Healthcare under these TOC will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
c. Waiver of Rights
Bredis Healthcare’s failure to enforce any right or provision of these TOC will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bredis Healthcare. Except as expressly set forth in these TOC, the exercise by either party of any of its remedies under these TOC will be without prejudice to its other remedies under these TOC or otherwise.
Article 15 Contacts
Bredis Healthcare hopes these TOC helped you to understand how you can use the Services and be sure everything is foreseeable and safe while using our Services. Should you have any questions about the SteadyPath or these TOC, please contact us at platform@bredis.co.kr or to 34-2 Baekseo-ro 125beon-gil, Dong-gu, Gwangju, Republic of Korea.