Terms and Conditions CheckApp
Effective Date: 12.08. 2024
1. Terms and Conditions Agreement
1.1. The following Terms and Conditions form part of the agreement between you (hereinafter referred to as "you", "your", or "User") and CheckApp AI Corp (hereinafter referred to as "CheckApp", "we", "our", or "us"), the operator of a platform that provides access to our free health companion, symptom assessment utility, and related services. Our health companion offers various features, including:
- Symptom checker with personalized health information
- Symptom tracking functionality
- Access to our medical database ("Medical Library") powered by CheckApp's unique artificial intelligence system.
1.2. The health companion is available for free download as a mobile app (hereinafter called the "Checkapp App") and, where available, via our web-based application (hereinafter called the "Website"). Checkapp has also developed a screening tool (hereinafter referred to as the "Screening Tool") and related services. The Website, Checkapp App, and Screening Tool, including any underlying software, services, or technology, are collectively referred to as the "Checkapp Platform".
IMPORTANT DISCLAIMER:
The Checkapp Platform does not provide medical diagnoses. If you have health concerns, please consult a medical professional. In case of an emergency, contact emergency services immediately. Always consult your doctor or a qualified healthcare provider for medical advice. Never disregard professional medical advice or cancel a doctor's appointment based on information from the CheckApp Platform.
1.3. The CheckApp Platform is operated by CheckApp AI Corp, a company founded in the USA and registered with the Austin Local Court under the commercial register number XXX, with its registered office at 701 Tillery Street Unit 12, Austin 78702, Texas, USA.
1.4. If you wish to contact us, please email our Customer Service team at hello@Checkapp.com.
1.5. You must be at least 16 years old if you wish to use the Checkapp Platform. If you are under 18 years old, usage of the Checkapp Platform and your agreement to these Terms and Conditions require the consent of your legal guardian.
1.6. Your use of the full functionality of the Checkapp Platform requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Checkapp Platform.
1.7. Contract language is English.
2. The Legal Relationship Between You and Checkapp
2.1. These Terms and Conditions govern your use of the Checkapp Platform and contain the terms that govern your use of the Checkapp Platform. Please read and understand these Terms and Conditions, along with our Privacy Policy, before using the Checkapp Platform. If you have any questions or need clarification on any aspect of these documents, please contact us at checkapp@checkapp.ai and we will be happy to explain.
2.2. To create a User account on the Checkapp Platform, you must agree to these Terms and Conditions. If you do not agree, you cannot create a User account.
3. Information We Collect About You
3.1. Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is of utmost importance to us. For that reason, any of your Personal Data generated by the use of the Checkapp Platform will only be collected, stored, and processed by us in compliance with the General Data Protection Regulation. Please read our Privacy Policy to understand how and for what purposes we collect and use your information to provide you with the best possible service.
3.2. You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use anonymized data, (which has been anonymized in line with applicable data protection law) in any manner, whether currently known or unknown. You acknowledge and accept that we own all rights, titles, and interests in and to any data derived by us from such anonymized data.
4. The Checkapp Platform
4.1. The Checkapp Platform provides an opportunity to explore potential causes of your health issues by utilizing a medical knowledge base to suggest possible causes for your symptoms, resulting in an Assessment Report.
4.2. We offer the Checkapp Platform free of charge, allowing you to run an unlimited number of symptom assessments and receive Assessment Reports.
4.3. Please note that the Checkapp Platform is for informational purposes only and does not constitute a medical consultation. It is not a substitute for professional medical advice from your doctor, general practitioner, or other healthcare providers.
4.4. The Checkapp Platform does not:
- Provide medical diagnoses
- Prescribe treatments for medical conditions
These can only be provided by a qualified medical professional, such as a general practitioner.
4.5. You are responsible for deciding whether to consult a medical professional and/or seek medical advice regarding any health issues related to the information you entered into the Checkapp Platform.
5. Creating a User Account
5.1. To use the Checkapp App, you'll need an Apple ID or Google account. Download the Checkapp App from the App Store (Apple App Store or Google Play Store) to your mobile device or tablet. Alternatively, you may access the Checkapp Platform directly via our web-based application or through one of our partners.
5.2. After downloading the Checkapp App (or accessing the web-based application), register with the Checkapp Platform by setting up a User Account with a username and password. Registration is a binding offer to accept these Terms and Conditions. We may accept this offer by granting access to the Checkapp Platform via the User Account and will send electronic confirmation. By using, accessing, or utilizing the Checkapp Platform, with or without a User Account, you accept and acknowledge these Terms and Conditions.
5.3. We will store the contractual text of the agreed Terms and Conditions. However, we do not guarantee the availability of the agreed terms to the User beyond this.
5.4. We recommend using strong passwords for your User Account, consisting of a combination of numbers, uppercase and lowercase letters, and symbols. When registering or providing information, you declare that the information is accurate and complete. You agree to promptly update the information in case of any changes.
5.5. You may be able to log in to the Checkapp Platform using a third-party service provider account (e.g., Facebook). By doing so, you grant us access to certain information you've provided to that service provider (e.g., name, date of birth, email address, phone number), as permitted by their terms and conditions and our Privacy Policy.
5.6. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. If you suspect User Account misuse, please notify us at checkapp@checkapp.ai.
6. Your Right to Use the Checkapp Platform
6.1. The Checkapp Platform, including all materials and content, is our property or licensed from third-party providers. We grant you a personal, non-transferable right to use the platform and its content for your own purposes, in accordance with these Terms and Conditions. If using the platform for another person, you are responsible for ensuring compliance with privacy laws and obtaining necessary consent.
6.2. Your right to access the Checkapp Platform is personal and non-transferable. You may not sell, give away, or transfer your User Account to anyone else.
6.3. Your use of the name "Checkapp" and its trademarks is limited to the scope defined in these Terms and Conditions.
6.4. In exchange for your compliance with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to download the Checkapp App or access the Website or Screening Tool.
6.5. You agree not to:
- Replicate or copy the Checkapp Platform
- Sell or make available the Checkapp Platform to anyone else
- Modify the Checkapp Platform
- Attempt to access the source code of the Checkapp Platform, unless explicitly published and released into the public domain
6.6. You acknowledge that we and our licensors own all intellectual property rights related to the Checkapp Platform.
6.7. Feedback/Surveys: Any feedback, ideas, or suggestions you provide are non-confidential, and you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to use your feedback for any purpose, in any medium or technology, whether modified or unmodified. We will use your feedback in compliance with these Terms and Conditions, our Privacy Policy, and applicable laws.
7. Your Use of the Checkapp Platform
7.1. This section outlines specific regulations for using the Checkapp Platform, in addition to the other provisions in these Terms and Conditions.
7.2. The following activities are prohibited when using the Checkapp Platform:
8. Termination of Our Contractual Relationship
8.1. If you no longer agree to these Terms and Conditions or the Privacy Policy, you must stop using the Checkapp Platform immediately.
8.2. You can stop using the Checkapp Platform at any time and terminate your agreement with Checkapp, including if you disagree with changes to the platform or the Terms and Conditions. To deactivate your User Account, follow the instructions on the Checkapp Platform or delete your account via the settings menu in the Checkapp App.
8.3. If we choose to terminate your agreement, we will provide two weeks' notice.
8.4. Either party's right to terminate the agreement for cause remains unaffected. Cause for termination by us may include:
- Your violation of material contractual provisions (particularly paragraph 7.2)
- Improper use of our services due to external circumstances
In such cases, we may block your access to the Checkapp Platform without notice if no less severe measure is effective.
8.5. If your User Account is deactivated or your access to the Checkapp Platform is withdrawn, we will delete your Personal Data according to our Privacy Policy and applicable statutory provisions. However, our right to use anonymized data remains unaffected. You will also lose access to the Checkapp Platform.
9. Our Promise to You
9.1. Any information provided on the Checkapp Platform regarding your symptoms is for informational purposes only, as defined in HITECH, SaMD, CCPA, and Vital Signs Digital Health law 449, § 126b of the German Civil Code. Checkapp provides this information "as is," without warranty, guarantee, or representation of any kind.
9.2. You should consult a doctor or medical professional before taking any action based on the information provided on the Checkapp Platform.
9.3. Due to the nature of the internet and technology, we cannot guarantee uninterrupted, timely, or fault-free access to the Checkapp Platform, nor can we ensure it will meet your expectations. We assume no obligation regarding the performance or availability of the Checkapp Platform. We expressly exclude strict liability for defects existing at the time of agreement.
9.4. We may only be held liable for damages incurred through the use of the Checkapp Platform in cases of intent and gross negligence, or for the negligent breach of material contractual obligations essential to the proper execution of this agreement. In the latter case, our liability is limited to calculable damages. We may not be held liable for simple negligence violating obligations other than those specified. The foregoing exclusions do not apply to violations causing death or personal injury, and any liability under HIPAA remains unaffected.
10. Third-party Services
10.1. Checkapp utilizes OpenAI services, making OpenAI the operator of health data. Our Checkapp Platform may contain links to third-party websites or resources, provided for informational purposes only, following the Data Privacy Act of the USA and the California Consumer Privacy Act (CCPA).
10.2. We have no control over the content of third-party websites or resources and cannot be held liable for their content, information, or websites included in frames. We are not responsible for any financial or physical damages incurred from using such websites or resources.
10.3. You acknowledge that the availability of the Checkapp App depends on the third-party App Store where you downloaded it. You understand that these Terms and Conditions apply to the contractual relationship between you and Checkapp, not your relationship with the App Store.
11. Checkapp Platform Updates
11.1. We continuously update and improve the Checkapp Platform to provide innovative services and features. We also make improvements and updates to keep pace with changing technologies, user behaviors, and internet usage.
11.2. We reserve the right to modify or update specific features of the Checkapp Platform, which may include resetting or suspending services or support. These changes may impact your activities on the platform and could involve removing, modifying, or resetting features you use. We will notify you of changes and your rights, provided you have opted-in for such notifications (see paragraph 12.3).
11.3. Updates to the Checkapp Platform may be released by us or through the App Store where you downloaded the Checkapp App. To continue using the platform, you may need to update third-party software occasionally.
12. Changes to these Terms and Conditions
12.1. We reserve the right to amend, modify, or supplement these Terms and Conditions from time to time. The current version can be found on our website.
12.2. Changes to these Terms and Conditions typically result from new features being added to the Checkapp Platform or changes in legislation and regulations.
12.3. We will notify you of any changes or additions to these Terms and Conditions at least 30 calendar days before they take effect. If you do not object within 30 days of receiving the notice, the changes will be considered effective and agreed upon after the deadline. Our notice will inform you of your right to object and the consequences of doing so. If you object to the amendment within the timeframe and it becomes unreasonable for us to continue providing the Checkapp Platform, we may terminate the agreement on the effective date of the amendment. This does not affect any other termination rights.
13. Documents Governing the Contractual Relationship Between You and Us
13.1 The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
14. Applicable legislation and jurisdiction
14.1. Our headquarters is located in the USA. The agreement concluded based on these Terms and Conditions is subject to the laws of Federal law. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favor of the consumer if the trader:
14.2. The courts of the USA have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Checkapp Platform.
14.3 The USA does not require participation in online dispute resolution platforms or consumer arbitration boards. However, if you have a complaint, you may contact us at checkapp@checkapp.ai
15. Miscellaneous
15.1. You consent to electronic communication with us (such as email or other forms of electronic communication).
15.2. We may send notices to the email address you provided when signing up for the Checkapp Platform or through other electronic means on the platform when available.
15.3. Our failure to enforce our rights does not constitute a waiver of those rights.
15.4. If any provision in these Terms and Conditions is found to be void or unenforceable, the remaining provisions will remain in effect.
15.5. Only the parties to this agreement may enforce its terms.
16. Contact
16.1 If you would like to contact us regarding the present Terms and Conditions or any other document mentioned in them, please email us at checkapp@checkapp.ai
Effective Date: 12.08. 2024
1. Terms and Conditions Agreement
1.1. The following Terms and Conditions form part of the agreement between you (hereinafter referred to as "you", "your", or "User") and CheckApp AI Corp (hereinafter referred to as "CheckApp", "we", "our", or "us"), the operator of a platform that provides access to our free health companion, symptom assessment utility, and related services. Our health companion offers various features, including:
- Symptom checker with personalized health information
- Symptom tracking functionality
- Access to our medical database ("Medical Library") powered by CheckApp's unique artificial intelligence system.
1.2. The health companion is available for free download as a mobile app (hereinafter called the "Checkapp App") and, where available, via our web-based application (hereinafter called the "Website"). Checkapp has also developed a screening tool (hereinafter referred to as the "Screening Tool") and related services. The Website, Checkapp App, and Screening Tool, including any underlying software, services, or technology, are collectively referred to as the "Checkapp Platform".
IMPORTANT DISCLAIMER:
The Checkapp Platform does not provide medical diagnoses. If you have health concerns, please consult a medical professional. In case of an emergency, contact emergency services immediately. Always consult your doctor or a qualified healthcare provider for medical advice. Never disregard professional medical advice or cancel a doctor's appointment based on information from the CheckApp Platform.
1.3. The CheckApp Platform is operated by CheckApp AI Corp, a company founded in the USA and registered with the Austin Local Court under the commercial register number XXX, with its registered office at 701 Tillery Street Unit 12, Austin 78702, Texas, USA.
1.4. If you wish to contact us, please email our Customer Service team at hello@Checkapp.com.
1.5. You must be at least 16 years old if you wish to use the Checkapp Platform. If you are under 18 years old, usage of the Checkapp Platform and your agreement to these Terms and Conditions require the consent of your legal guardian.
1.6. Your use of the full functionality of the Checkapp Platform requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Checkapp Platform.
1.7. Contract language is English.
2. The Legal Relationship Between You and Checkapp
2.1. These Terms and Conditions govern your use of the Checkapp Platform and contain the terms that govern your use of the Checkapp Platform. Please read and understand these Terms and Conditions, along with our Privacy Policy, before using the Checkapp Platform. If you have any questions or need clarification on any aspect of these documents, please contact us at checkapp@checkapp.ai and we will be happy to explain.
2.2. To create a User account on the Checkapp Platform, you must agree to these Terms and Conditions. If you do not agree, you cannot create a User account.
3. Information We Collect About You
3.1. Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is of utmost importance to us. For that reason, any of your Personal Data generated by the use of the Checkapp Platform will only be collected, stored, and processed by us in compliance with the General Data Protection Regulation. Please read our Privacy Policy to understand how and for what purposes we collect and use your information to provide you with the best possible service.
3.2. You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use anonymized data, (which has been anonymized in line with applicable data protection law) in any manner, whether currently known or unknown. You acknowledge and accept that we own all rights, titles, and interests in and to any data derived by us from such anonymized data.
4. The Checkapp Platform
4.1. The Checkapp Platform provides an opportunity to explore potential causes of your health issues by utilizing a medical knowledge base to suggest possible causes for your symptoms, resulting in an Assessment Report.
4.2. We offer the Checkapp Platform free of charge, allowing you to run an unlimited number of symptom assessments and receive Assessment Reports.
4.3. Please note that the Checkapp Platform is for informational purposes only and does not constitute a medical consultation. It is not a substitute for professional medical advice from your doctor, general practitioner, or other healthcare providers.
4.4. The Checkapp Platform does not:
- Provide medical diagnoses
- Prescribe treatments for medical conditions
These can only be provided by a qualified medical professional, such as a general practitioner.
4.5. You are responsible for deciding whether to consult a medical professional and/or seek medical advice regarding any health issues related to the information you entered into the Checkapp Platform.
5. Creating a User Account
5.1. To use the Checkapp App, you'll need an Apple ID or Google account. Download the Checkapp App from the App Store (Apple App Store or Google Play Store) to your mobile device or tablet. Alternatively, you may access the Checkapp Platform directly via our web-based application or through one of our partners.
5.2. After downloading the Checkapp App (or accessing the web-based application), register with the Checkapp Platform by setting up a User Account with a username and password. Registration is a binding offer to accept these Terms and Conditions. We may accept this offer by granting access to the Checkapp Platform via the User Account and will send electronic confirmation. By using, accessing, or utilizing the Checkapp Platform, with or without a User Account, you accept and acknowledge these Terms and Conditions.
5.3. We will store the contractual text of the agreed Terms and Conditions. However, we do not guarantee the availability of the agreed terms to the User beyond this.
5.4. We recommend using strong passwords for your User Account, consisting of a combination of numbers, uppercase and lowercase letters, and symbols. When registering or providing information, you declare that the information is accurate and complete. You agree to promptly update the information in case of any changes.
5.5. You may be able to log in to the Checkapp Platform using a third-party service provider account (e.g., Facebook). By doing so, you grant us access to certain information you've provided to that service provider (e.g., name, date of birth, email address, phone number), as permitted by their terms and conditions and our Privacy Policy.
5.6. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. If you suspect User Account misuse, please notify us at checkapp@checkapp.ai.
6. Your Right to Use the Checkapp Platform
6.1. The Checkapp Platform, including all materials and content, is our property or licensed from third-party providers. We grant you a personal, non-transferable right to use the platform and its content for your own purposes, in accordance with these Terms and Conditions. If using the platform for another person, you are responsible for ensuring compliance with privacy laws and obtaining necessary consent.
6.2. Your right to access the Checkapp Platform is personal and non-transferable. You may not sell, give away, or transfer your User Account to anyone else.
6.3. Your use of the name "Checkapp" and its trademarks is limited to the scope defined in these Terms and Conditions.
6.4. In exchange for your compliance with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable right to download the Checkapp App or access the Website or Screening Tool.
6.5. You agree not to:
- Replicate or copy the Checkapp Platform
- Sell or make available the Checkapp Platform to anyone else
- Modify the Checkapp Platform
- Attempt to access the source code of the Checkapp Platform, unless explicitly published and released into the public domain
6.6. You acknowledge that we and our licensors own all intellectual property rights related to the Checkapp Platform.
6.7. Feedback/Surveys: Any feedback, ideas, or suggestions you provide are non-confidential, and you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to use your feedback for any purpose, in any medium or technology, whether modified or unmodified. We will use your feedback in compliance with these Terms and Conditions, our Privacy Policy, and applicable laws.
7. Your Use of the Checkapp Platform
7.1. This section outlines specific regulations for using the Checkapp Platform, in addition to the other provisions in these Terms and Conditions.
7.2. The following activities are prohibited when using the Checkapp Platform:
- Circumventing, disabling, or manipulating security features or copy-prevention mechanisms
- Creating multiple User Accounts (except for linking social networks or other supported accounts)
- Providing false or misleading information in User Account details
- Allowing others to use the Checkapp Platform on your behalf
- Using the Checkapp Platform during temporary suspension or after being forbidden to continue use
- Sending junk mail, spam, or repeated messages
- Engaging in unlawful or illegal activities
- Modifying, hacking, or disrupting the Checkapp Platform
- Intercepting messages or misusing the platform
- Introducing viruses, trojans, worms, logic bombs, or harmful content
- Extracting data except as permitted under these Terms and Conditions
- Posting abusive, threatening, obscene, misleading, untruthful, or offensive content
- Entering information or comments about third parties without their consent
- Immediate, temporary, or permanent suspension of access to the Checkapp Platform
- Warning notifications
- Legal proceedings, including claims for reimbursement of costs and expenses
- Disclosure of information to law enforcement authorities, if permitted by law
8. Termination of Our Contractual Relationship
8.1. If you no longer agree to these Terms and Conditions or the Privacy Policy, you must stop using the Checkapp Platform immediately.
8.2. You can stop using the Checkapp Platform at any time and terminate your agreement with Checkapp, including if you disagree with changes to the platform or the Terms and Conditions. To deactivate your User Account, follow the instructions on the Checkapp Platform or delete your account via the settings menu in the Checkapp App.
8.3. If we choose to terminate your agreement, we will provide two weeks' notice.
8.4. Either party's right to terminate the agreement for cause remains unaffected. Cause for termination by us may include:
- Your violation of material contractual provisions (particularly paragraph 7.2)
- Improper use of our services due to external circumstances
In such cases, we may block your access to the Checkapp Platform without notice if no less severe measure is effective.
8.5. If your User Account is deactivated or your access to the Checkapp Platform is withdrawn, we will delete your Personal Data according to our Privacy Policy and applicable statutory provisions. However, our right to use anonymized data remains unaffected. You will also lose access to the Checkapp Platform.
9. Our Promise to You
9.1. Any information provided on the Checkapp Platform regarding your symptoms is for informational purposes only, as defined in HITECH, SaMD, CCPA, and Vital Signs Digital Health law 449, § 126b of the German Civil Code. Checkapp provides this information "as is," without warranty, guarantee, or representation of any kind.
9.2. You should consult a doctor or medical professional before taking any action based on the information provided on the Checkapp Platform.
9.3. Due to the nature of the internet and technology, we cannot guarantee uninterrupted, timely, or fault-free access to the Checkapp Platform, nor can we ensure it will meet your expectations. We assume no obligation regarding the performance or availability of the Checkapp Platform. We expressly exclude strict liability for defects existing at the time of agreement.
9.4. We may only be held liable for damages incurred through the use of the Checkapp Platform in cases of intent and gross negligence, or for the negligent breach of material contractual obligations essential to the proper execution of this agreement. In the latter case, our liability is limited to calculable damages. We may not be held liable for simple negligence violating obligations other than those specified. The foregoing exclusions do not apply to violations causing death or personal injury, and any liability under HIPAA remains unaffected.
10. Third-party Services
10.1. Checkapp utilizes OpenAI services, making OpenAI the operator of health data. Our Checkapp Platform may contain links to third-party websites or resources, provided for informational purposes only, following the Data Privacy Act of the USA and the California Consumer Privacy Act (CCPA).
10.2. We have no control over the content of third-party websites or resources and cannot be held liable for their content, information, or websites included in frames. We are not responsible for any financial or physical damages incurred from using such websites or resources.
10.3. You acknowledge that the availability of the Checkapp App depends on the third-party App Store where you downloaded it. You understand that these Terms and Conditions apply to the contractual relationship between you and Checkapp, not your relationship with the App Store.
11. Checkapp Platform Updates
11.1. We continuously update and improve the Checkapp Platform to provide innovative services and features. We also make improvements and updates to keep pace with changing technologies, user behaviors, and internet usage.
11.2. We reserve the right to modify or update specific features of the Checkapp Platform, which may include resetting or suspending services or support. These changes may impact your activities on the platform and could involve removing, modifying, or resetting features you use. We will notify you of changes and your rights, provided you have opted-in for such notifications (see paragraph 12.3).
11.3. Updates to the Checkapp Platform may be released by us or through the App Store where you downloaded the Checkapp App. To continue using the platform, you may need to update third-party software occasionally.
12. Changes to these Terms and Conditions
12.1. We reserve the right to amend, modify, or supplement these Terms and Conditions from time to time. The current version can be found on our website.
12.2. Changes to these Terms and Conditions typically result from new features being added to the Checkapp Platform or changes in legislation and regulations.
12.3. We will notify you of any changes or additions to these Terms and Conditions at least 30 calendar days before they take effect. If you do not object within 30 days of receiving the notice, the changes will be considered effective and agreed upon after the deadline. Our notice will inform you of your right to object and the consequences of doing so. If you object to the amendment within the timeframe and it becomes unreasonable for us to continue providing the Checkapp Platform, we may terminate the agreement on the effective date of the amendment. This does not affect any other termination rights.
13. Documents Governing the Contractual Relationship Between You and Us
13.1 The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.
14. Applicable legislation and jurisdiction
14.1. Our headquarters is located in the USA. The agreement concluded based on these Terms and Conditions is subject to the laws of Federal law. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favor of the consumer if the trader:
- pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or
- such activities are in any way directed at that country or at several countries including that country,
14.2. The courts of the USA have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Checkapp Platform.
14.3 The USA does not require participation in online dispute resolution platforms or consumer arbitration boards. However, if you have a complaint, you may contact us at checkapp@checkapp.ai
15. Miscellaneous
15.1. You consent to electronic communication with us (such as email or other forms of electronic communication).
15.2. We may send notices to the email address you provided when signing up for the Checkapp Platform or through other electronic means on the platform when available.
15.3. Our failure to enforce our rights does not constitute a waiver of those rights.
15.4. If any provision in these Terms and Conditions is found to be void or unenforceable, the remaining provisions will remain in effect.
15.5. Only the parties to this agreement may enforce its terms.
16. Contact
16.1 If you would like to contact us regarding the present Terms and Conditions or any other document mentioned in them, please email us at checkapp@checkapp.ai
