Terms of Use
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Published:18 April 2023
Last updated: January 12, 2025
BY CLICKING "I AGREE", CHECKING THE RELEVANT BOX TO CONFIRM YOUR AGREEMENT, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW), OR OTHERWISE CONFIRMING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CREATE AN ACCOUNT AND DO NOT USE THE SERVICE. BY CLICKING "I AGREE" OR OTHERWISE EXPRESSING CONSENT TO THESE TERMS, YOU GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS THE "I AGREE" BUTTON OR OTHERWISE EXPRESSES CONSENT ON YOUR BEHALF.
We — LLC "GLK APPS" ("Company", "we", "us", "our", "Sequoia")
We own and operate the website www.sequoia.health and the mobile application "Sequoia" (collectively referred to as the "Platform"). Your access to and use of the Platform, any part of it, or anything related to it, including its content ("Content"), any products or services provided through the Platform or otherwise by Sequoia, and any affiliated website, software, or application owned or operated by Sequoia (collectively, including the Platform and Content, the "Service"), are governed by these Terms (hereinafter "Legal Terms", "Terms", or "Agreement") (together — "Services").
You can contact us by email at
TABLE OF CONTENTS:
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MEDICAL SERVICES DISCLAIMERACCEPTANCE OF TERMS AND CONDITIONS
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YOUR RELATIONSHIP WITH US
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FINANCIAL TERMS AND LIABILITY FOR SERVICES
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OUR SERVICES
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LABORATORY SERVICES
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THIRD-PARTY GOODS AND SERVICES
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INTELLECTUAL PROPERTY RIGHTS
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USER STATEMENTS
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PROHIBITED ACTIVITIES
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CHILDREN'S PRIVACY AND AGE RESTRICTIONS
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INTERACTION WITH USER CONTENT
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CONTRIBUTION LICENSE
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SERVICE MANAGEMENT
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TERM AND TERMINATION
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MODIFICATIONS AND INTERRUPTIONS
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APPLICABLE LAW
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DISPUTE RESOLUTION
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CORRECTIONS
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DISCLAIMER OF LIABILITY
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LIMITATION OF LIABILITY
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INDEMNIFICATION
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USER PERSONAL DATA
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ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
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MISCELLANEOUS TERMS
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FEEDBACK
1. MEDICAL SERVICES DISCLAIMER
THE COMPANY DOES NOT HOLD A LICENSE TO PROVIDE MEDICAL OR TELEMEDICINE SERVICES, AND THE APPLICATION OR WEBSITE IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL CONSULTATIONS, DIAGNOSIS, TREATMENT, OR MANAGEMENT OF ANY DISEASE OR CONDITION, NOR IS IT A METHOD OF CONTRACEPTION. IT IS IMPORTANT TO CONSULT A LICENSED DOCTOR OR QUALIFIED MEDICAL PROFESSIONAL BEFORE MAKING ANY DECISIONS OR TAKING ACTIONS THAT MAY AFFECT YOUR HEALTH OR SAFETY, OR THE HEALTH AND SAFETY OF YOUR FAMILY. NEVER IGNORE PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING ASSISTANCE DUE TO INFORMATION OBTAINED THROUGH THE APPLICATION OR WEBSITE. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL IF YOU HAVE QUESTIONS, CONCERNS, OR EXPERIENCE CHANGES IN YOUR HEALTH CONDITION. IN THE EVENT OF A MEDICAL EMERGENCY, IMMEDIATELY CALL EMERGENCY SERVICES OR GO TO THE NEAREST EMERGENCY ROOM.
WE DISCLAIM RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, UNINTENTIONAL TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS FOR ANY VIOLATIONS OF ETHICAL OR MORAL NORMS APPLICABLE IN YOUR COMMUNITY REGARDING SEXUAL EDUCATION AND RELATED MATERIALS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU IF SUCH EXCLUSION OR LIMITATION WOULD BE ILLEGAL.
2. ACCEPTANCE OF TERMS AND CONDITIONS
Please read this Agreement carefully, as it contains important terms you need to know about the Service. These Legal Terms represent a public agreement between you personally or on behalf of a legal entity ("You", "your") and LLC "GLK APPS", concerning your use of or access to our Services. The placement of this text on the Platform constitutes a public offer, under which LLC "GLK APPS" enters into a legally binding agreement on the terms set forth with each person who accepts it. The agreement is concluded by means of joining, i.e., by your acceptance of its terms in full, without any conditions, exceptions, or reservations, including your consent to the processing of your personal data. The agreement is deemed concluded at the moment you take any actions confirming your acceptance of its terms, including, but not limited to, the actions outlined above in the preamble of these Legal Terms. The place of conclusion of this public agreement is the location of LLC "GLK APPS."
By accessing the Services, you agree that you have read, understood, and agreed to comply with all of these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, EXCEPT IN CASES WHERE IT IS NECESSARY TO FAMILIARIZE YOURSELF WITH THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY CEASE USING THEM.
Additional terms or documents may occasionally be posted on the Services, thereby directly incorporating them into this document by reference. We reserve the right, at our discretion, to modify these Legal Terms at any time and for any reason. We will notify you of any changes by updating the "Last Updated" date of these Legal Terms, and you waive any right to receive separate notice of each such change. You are responsible for reviewing these Legal Terms periodically to stay informed about any updates. You will be deemed to have been notified of and accepted any changes to the revised Legal Terms by continuing to use the Services after the publication date of such revised Legal Terms. Your continued use after such changes are posted constitutes your acceptance of this Agreement and its amendments.
3. YOUR RELATIONSHIP WITH US
We provide individuals who register as users of the Service ("Users") with certain products and services, as well as links to products and services sold and/or offered by third-party medical and non-medical providers, pharmacies (“Pharmacies”), or other suppliers. Our Service does not provide access to prescription fulfillment services, but from time to time, may offer the services of the following laboratories (“Laboratories”): INVITRO.
We may also provide you with access to one or more organizations/consulting groups that offer non-medical consulting services and/or video consultations (collectively, "Consultations") through the Platform (hereinafter, “Consulting Groups”). These Consulting Groups employ or contract with non-medical professionals and mental health specialists who provide specific services, including healthcare and/or mental health services, through the Platform (hereinafter, "Providers"). Providers may also operate on the platform individually, without cooperation with Consulting Groups.
Sequoia does not provide Consultation services. Neither Consulting Groups, Providers, Pharmacies, nor Laboratories are employees, co-contractors, or subcontractors of Sequoia. Sequoia provides the right to use the Service and its functionalities to Consulting Groups and Providers for their interaction with Users. In the provision of Consultation services, the User and Provider enter into a bilateral relationship based on a separate agreement, in which Sequoia is not a party and does not bear any responsibility for such relationships.
Neither Sequoia nor the Provider offer medical and/or telemedicine services, engage in medical or other healthcare practices, make diagnoses, issue prescriptions or certificates, or prescribe medical medications.
The User fully acknowledges that Sequoia, under no circumstances, can or will be held liable for the outcome of the Consultations. The performance of contractual obligations is subject to the absence of a guaranteed result, as the beneficial effect depends not only on the professionalism of the Provider but also on the engagement of the User.
We do not control, interfere with, or have access to the Consultations conducted by the Consulting Groups or any Providers, each of whom bears exclusive responsibility for the guidance of the non-medical and/or psychological assistance they provide to you.
By accepting this Agreement, you acknowledge and agree that Sequoia is not a provider of medical services and that by using the Service, you are not entering into a consultant-patient or non-medical service provider-patient relationship with Sequoia. However, by using the Service, you may enter into a consultant-patient or non-medical service provider-patient relationship with a Consulting Group and/or one or more Providers.
Additionally, we do not control or interfere with any professional services provided by Laboratories and Pharmacies, each of which bears exclusive responsibility for the goods and services they provide through the Service.
By accepting this Agreement, you acknowledge and agree that the Consulting Group and/or Providers may send you messages, reports, and emails to your email address or through the Service regarding your Consultation request. You understand and agree that Sequoia is not responsible for the security or confidentiality of the communication services you use to receive the aforementioned messages, reports, and emails sent through the Service. You also understand and agree that you bear exclusive responsibility for tracking and responding to these messages, reports, and emails, and that neither Sequoia, nor the Consulting Group, nor the Provider will bear any responsibility, and you will not hold Sequoia, the Consulting Group, or any Provider liable for any damages, injuries, or claims of any kind arising from your failure to read or respond to these messages or for failure to follow any recommendations or instructions from the Consulting Group or your Provider(s).
Although you do not establish a consultant-patient or other non-medical service provider-patient relationship with Sequoia by using the Service, you establish a direct client relationship with Sequoia for the use of the Service, including subscribing, purchasing any products, or non-medical services sold directly to you by Sequoia through the Service. In connection with such relationships, you may provide us with or request that we provide personal information on your behalf, including health status information, which will be used by us in accordance with our Privacy and Data Protection Policy.
4. FINANCIAL TERMS AND LIABILITY FOR SERVICES
The User does not pay for access to the Service; however, certain features of the Service may be paid. Payment by the User for such functionalities is made through payment systems provided on the Service. Sequoia, as the agent of the Provider and Consulting Group for payment processing, has the right to accept payments from the User and other persons on behalf of the Provider and Consulting Groups for Consultations. The payment for Consultations is a payment for the Consultation services provided by the Provider.
Sequoia and the Consulting Groups are neither registered nor participants in any government health programs or insurance organizations (e.g., Belgosstrakh) for the provision of any medical or psychological services or supplies. As such, neither you, nor Sequoia, nor the Consulting Groups can receive payment/compensation from such programs for services or products provided to you by Sequoia and the Consulting Groups. Additionally, to the extent that any Laboratories, Pharmacies, or Providers may be registered in government health programs, the funds through which services and products are provided or become available via the Service generally exclude the possibility of coverage for such services and products through benefits under these programs. By choosing to use the Service, you consciously choose to receive products and services on a personal basis outside of any government health program. Therefore, you bear exclusive responsibility for the costs of any services or products provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you explicitly choose to receive products and services at your own expense, outside of any government health program, and you bear exclusive financial responsibility for all services or products provided to you by the Service or through it; and (2) neither you, nor Sequoia, Laboratories, Pharmacies, Consulting Groups, or Providers will file any claims for reimbursement from any government health program for expenses related to services and products provided to you through the Service.
5. OUR SERVICES
The User is granted the right to access the Services, including creating a personal account, selecting a Provider, and conducting Consultations with the Provider. Under the current terms of use, Sequoia may also process payments, send informational messages and notifications to the User within the Service and via email, as well as provide other services defined by the functionality of the Service. The Consultation services are directly provided to the User by the Provider. Sequoia only provides the technical solution and the ability to use the functional capabilities of the Service.
To improve the quality of the Service and conduct research, as well as analyze the quality of consultations, the User grants Sequoia the right to request and receive feedback, reviews, and ratings based on the results of the Consultations. Such use will not violate the Privacy Policy.
To improve the quality of the consulting services provided, the User may provide the Provider access to their data in the Service, including data on the completion of the 21-day course, tracker data, and data on regular check-ups.
The User acknowledges that Sequoia, under no circumstances, can be held responsible for the outcome of the Consultations.
The User has the right to cancel or reschedule a consultation at least 24 hours before the scheduled time. In this case, the payment for the Consultation will not be charged and/or will be fully refunded to the User.
If the User notifies the Provider of the need to reschedule the Consultation less than 24 hours before the scheduled time, or misses the Consultation altogether, the payment made for the Consultation will not be refunded to the User.
If the Consultation does not take place due to the Provider's fault and/or the Provider notifies the User of the cancellation or rescheduling of the Consultation less than 12 hours before the scheduled time, then, at the User's discretion, the amount paid for the Consultation will either be refunded to the User or credited toward the payment of the next Consultation.
If the User is late for the scheduled Consultation, the Consultation time will not be extended.
If the Provider is late for the Consultation, the Consultation will be extended for the duration of the Provider’s delay.
The User waives any claims for a guaranteed result, acknowledging that the beneficial effect depends not only on the professionalism of the Provider but also on the User’s involvement and participation in the Consultation, as well as compliance with all recommendations of the Provider after the Consultation.
To use the Service and obtain the Services, the User must have the necessary equipment (a personal computer/laptop with a camera and microphone or an iPhone with iOS version 13 or higher), software (Chrome web browser version 81 or higher), as well as a stable internet connection with an incoming and outgoing speed of at least 4 Mbps.
The information provided while using the Services is not intended for distribution or use by any individuals or organizations in jurisdictions or countries where such distribution or use would violate laws or regulations, or where it may require registration in such jurisdictions or countries. Accordingly, individuals who choose to access the Services from other locations do so at their own initiative and bear full responsibility for complying with local laws, if and to the extent applicable.
6. LABORATORY SERVICES
Accessing Laboratory services ordered through the Platform requires your physical presence at the medical laboratory's branch. In the case of active promotions from the Laboratory service provider, you may receive such laboratory services at a discounted rate. To do so, you need to inform the laboratory staff of the secret word or display the coupon on your phone screen at the laboratory branch.
All costs related to laboratory services are included in the total amount that you fully cover at your own expense. Subscription payments for the app’s functionality and/or payments for services provided by the Provider during a Consultation cannot partially or fully cover the costs associated with laboratory services.
Laboratory products and services ordered through the Platform are considered "Third-Party Goods and Services," as described in Section 7, "Third-Party Goods and Services," of this Agreement.
7. THIRD-PARTY GOODS AND SERVICES
Parties other than Sequoia, including Laboratories, Pharmacies, Consulting Groups, and Providers, provide services or sell products through the Service (collectively referred to as "Third Parties"), and Sequoia may also offer certain services, devices, items, or products manufactured, distributed, or sold by Third Parties for purchase ("Third-Party Goods and Services"). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, as well as any other terms, warranties, or representations related to such use or interaction, are solely between you and those Third Parties. You should take any actions you deem necessary or appropriate before engaging in any online or offline transaction involving Third Parties or Third-Party Goods and Services. You bear sole responsibility for using the Service and disclosing personal information, and you should exercise caution, discretion, and good judgment.
You agree that Sequoia is not liable for any losses or damages of any kind incurred as a result of your use of the Service, including any Third-Party Goods and Services, or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user, or any other legal or natural person, you understand and agree that Sequoia is under no obligation to participate in such a dispute, and by this, you release and indemnify Sequoia, its subsidiaries and affiliates, as well as all of their contractors, officers, employees, agents, representatives, owners, partners, shareholders, servants, principals, agents, predecessors, successors, assignees, accountants, and lawyers (collectively referred to as the "Sequoia Parties") from any and all claims, demands, and/or damages (actual or consequential) of any kind or nature, known or unknown, suspected and unforeseen, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or its functions and Services. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND WHICH, IF KNOWN BY HIM, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTY.”
8. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or licensee of all intellectual property rights related to our Services, including all source code, databases, functionality, software, app design, website design, audio, video, text, photographs, and graphics used in the Services (collectively referred to as the "Content"), as well as trademarks, service marks, and logos contained in the Services (hereinafter referred to as "Marks").
Our Content and Marks are protected by copyright, trademark laws (and various other intellectual property rights and unfair competition laws), as well as international treaties.
Content and Marks are provided as part of the Services "AS IS" exclusively for your personal non-commercial use or for internal business purposes.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including Section 10 "PROHIBITED ACTIVITIES," we grant you a non-exclusive, non-transferable, revocable license to:
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access the Services; and
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download or print a copy of any part of the Content to which you have lawful access, exclusively for your personal non-commercial use or internal business purposes.
Except as provided in this section or other sections of our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or used in any other way for commercial purposes without our prior written permission.
If you wish to use the Services, Content, or Marks in any manner other than as described in this section or other sections of our Legal Terms, please submit your request to:
We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.
Any violation of these Intellectual Property Rights will be considered a material breach of the Legal Terms, and your right to use the Services will be immediately terminated.
Your Materials
Before using our Services, please review this section and Section 10 "PROHIBITED ACTIVITIES" to understand (a) the rights you grant us and (b) your obligations when posting or uploading any content through the Services.
Submission of Materials: By submitting any question, comment, suggestion, idea, feedback, or other information about the Services ("Materials"), you agree to transfer to us all intellectual property rights in such Materials. You agree that we will own these Materials and have the right to use and distribute them in any lawful manner, commercial or otherwise, without attribution to you or compensation to you.
Responsibility for Content You Submit: By submitting Materials to us through any part of the Services, you:
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confirm that you have read and agree with our terms in Section 10 "PROHIBITED ACTIVITIES" and will not post, send, upload, or transmit through the Services any Materials that are illegal, offensive, threatening, harmful, defamatory, obscene, discriminatory, threatening, false, misleading, or otherwise inaccurate;
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to the extent permitted by applicable law, waive any personal non-property rights you may have in relation to any Materials submitted by you through the Services;
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guarantee that any such Materials are owned by you or that you have the necessary rights and licenses to submit such Materials, and that you have all authority to grant us the aforementioned rights in relation to your Materials; and
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guarantee and represent that your Materials are not confidential information.
You are solely responsible for the Materials you provide and agree to indemnify us for any losses we may incur as a result of your violation of (a) this section, (b) third-party intellectual property rights, or (c) applicable law.
9. USER REPRESENTATIONS
By using our Services, you represent and warrant that: (1) You have the legal capacity and agree to comply with these Legal Terms; (2) You are not a minor under the laws of your jurisdiction of residence; (3) You will not access the Services through automated or non-human means, such as a bot, script, or other similar methods; (4) You will not use the Services for illegal or unauthorized purposes; and (5) Your use of the Services will not violate any applicable laws or regulations.
If you provide any false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and deny you current and future access to the Services (or any part thereof).
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purposes other than those for which we provide the Services. The Services may not be used for commercial purposes except in cases specifically approved by us.
As a user of the Services, you agree not to engage in the following activities:
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Systematically extract data or other content from the Services to create, directly or indirectly, a collection, compilation, database, or directory without our written permission.
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Deceive or mislead us or other users, especially when attempting to obtain confidential information, such as user passwords.
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Circumvent, disable, or interfere with the security features of the Services, including features that prevent or restrict the use or copying of any content or impose restrictions on the use of the Services and/or the content contained within them.
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Defame, discredit, or otherwise harm, in our opinion, us and/or the Services.
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Use any information obtained through the Services to harass, abuse, or harm another person.
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Improperly use our customer support services or submit false abuse or misconduct reports.
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Use the Services in violation of any applicable laws or regulations.
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Engage in unauthorized framing or creating links to the Services.
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Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other malicious materials, as well as excessively use capital letters or spam (repeated posting of identical text) that disrupt the uninterrupted use of the Services or alter, interfere with, or otherwise disrupt the functions, operation, or servicing of the Services.
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Engage in automated use of the system, such as using scripts to send comments or messages, or using any tools for data collection or extraction, such as bots or similar tools.
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Remove copyright notices or other proprietary notices from any content.
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Attempt to impersonate another user or person, or use another user's username.
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Upload or transmit (or attempt to upload or transmit) any materials that act as passive or active information collection mechanisms, including, but not limited to, GIF files, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms").
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Interfere with, disrupt, or create an undue burden on the Services or networks and services connected to the Services.
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Stalk, harass, intimidate, or threaten our employees or agents involved in providing any part of the Services to you.
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Attempt to circumvent any measures employed by the Services to prevent or restrict access to the Services or any part thereof.
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Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
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Decrypt, decompile, disassemble, or reverse engineer any software that is part of the Services, except as permitted by applicable law.
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Use, run, develop, or distribute any automated systems, including, but not limited to, spiders, robots, cheating utilities, scraping tools, or offline readers that access the Services, or use any unauthorized scripts or other software.
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Use a purchasing agent to make purchases through the Services.
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Engage in unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails or create user accounts using automated methods or under false pretenses.
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Use the Services as part of any attempt to compete with us or use the Services and/or Content for commercial purposes or to generate revenue.
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Record audio and/or video, take screenshots of consultations, or photograph the Supplier during consultations. Do not post or transmit, including via the internet, any information about the Supplier, including their personal data obtained during consultations.
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Engage in lobbying, incitement, or otherwise persuade the Supplier to provide services and consultations directly without using the Service or using other services, or post on the Service any false information and/or information that defames Sequoia.
11. CHILDREN'S PRIVACY AND AGE RESTRICTIONS
We prioritize the protection of children's privacy. Please note that this application is not intended for individuals under the age of 17. We do not knowingly collect personal data from individuals under the age of 17. Some features of the application require users to be at least 18 years old (e.g., certain content). If you become aware that someone is not complying with these age restrictions, please contact us at
12. INTERACTION WITH USER CONTENT
The Services do not offer users the ability to submit or post content. However, we may provide you with the ability to create, submit, publish, display, transmit, perform, distribute, or stream content and materials to us or through the Services, including but not limited to text, written works, videos, audio, photos, graphics, comments, suggestions, personal information, or other materials (collectively referred to as "Contributions"). Contributions may be visible to other users of the Services and through third-party websites. When you create or make Contributions available, you represent and warrant that:
13. CONTRIBUTION LICENSE
You and the Services agree that we may access, store, process, and use any information and personal data you provide, as well as your preferences (including settings).
By submitting suggestions or other feedback about the Services, you agree that we may use and share such feedback for any purpose without compensating you.
We do not claim any ownership rights to your Contributions. You retain full ownership of all your Contributions, as well as any intellectual property or other proprietary rights related to your Contributions. We are not responsible for any statements or representations in your Contributions submitted by you in any area of the Services. You are solely responsible for your Contributions to the Services and agree to indemnify us from any liability and refrain from any legal action against us regarding your Contributions.
14. SERVICE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our discretion, violates the law or these Legal Terms, including but not limited to reporting such a user to law enforcement authorities; (3) at our discretion and without limitation, deny access, restrict access, or disable (to the extent technically possible) any of your Contributions or any part thereof; (4) at our discretion and without limitation, remove from the Services or otherwise disable any files and content that exceed acceptable sizes or in any way burden our systems; and (5) otherwise manage the Services in a manner that protects our rights and property and ensures the proper functioning of the Services.
15. TERM AND TERMINATION
These Legal Terms remain in effect as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, AT OUR DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, A VIOLATION OF ANY REPRESENTATION, WARRANTY, OR AGREEMENT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR RULE. WE MAY TERMINATE YOUR USE OF THE SERVICES OR REMOVE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME WITHOUT NOTICE AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of such third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to contacting law enforcement and judicial authorities.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, alter, or remove content from the Services at any time and for any reason at our discretion without notice. We are also not obligated to update any information on our Services. We are not liable to you or any third party for any changes, price changes, suspension, or termination of the Services.
We cannot guarantee that the Services will be available at all times. We may encounter hardware, software, or other issues or be required to perform maintenance, which may result in failures, delays, or errors. We reserve the right to modify, revise, update, suspend, terminate, or otherwise alter the Services at any time and for any reason without notice. You agree that we are not responsible for any losses, damages, or inconvenience caused by your inability to access or use the Services during downtime or termination of the Services. Nothing in these Legal Terms shall be construed as our obligation to maintain the operation of the Services or to provide fixes, updates, or new versions of the application in this regard.
17. APPLICABLE LAW
These Legal Terms are governed by and construed in accordance with the laws of the Republic of Belarus, and you unconditionally agree that the courts of the Republic of Belarus shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Legal Terms.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite the resolution and reduce the costs of any dispute, disagreement, or claim related to these Legal Terms (each a "Dispute" and collectively, "Disputes"), raised by you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to resolve any Dispute (except Disputes specifically provided for below) informally for at least 30 days. Such informal negotiations will begin with written notice from one Party to the other Party.
Mandatory Arbitration
Any dispute arising from or in connection with these Legal Terms, including any questions concerning their existence, validity, or termination, shall be submitted to and finally resolved by the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (Belarus, Minsk, Kommunisticheskaya St., 11, Room 320, 220029), in accordance with the Rules of this Arbitration Court, which, upon referral, are considered part of this section. The number of arbitrators will be 3. The place of arbitration will be Minsk, Belarus. The language of the arbitration proceedings will be Russian. The applicable law for these Legal Terms will be the substantive law of the Republic of Belarus.
Limitations
The Parties agree that any arbitration proceeding will be limited to a Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration proceeding will be consolidated with any other proceeding; (b) there is no right or authority to arbitrate any Dispute on a class action basis or to use class action procedures; and (c) there is no right or authority to initiate any Dispute on behalf of the public or any other persons.
Exceptions from Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and mandatory arbitration: (a) any Disputes related to the protection or enforcement of a Party's intellectual property rights or their validity; (b) any Disputes related to allegations of theft, piracy, privacy violations, or unauthorized use; and (c) any claims for injunctive relief. If this provision is found to be illegal or unenforceable, neither Party will choose arbitration for Disputes falling under the part of this provision deemed illegal or unenforceable, and such Disputes will be resolved in the courts of the relevant jurisdiction specified above, with the Parties agreeing to submit to the personal jurisdiction of that court.
19. CORRECTIONS
The Services may contain information that includes typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to modify or update information on the Services at any time without prior notice.
20. DISCLAIMER OF LIABILITY
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THEIR USE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES.
21. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES AWARDED AS PUNITIVE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THIS APPLICATION. THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE APPLICATION SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR USE OF THE APPLICATION, OR THE AMOUNT IN BELARUSIAN RUBLES EQUIVALENT TO TWO HUNDRED UNITED STATES DOLLARS ($200), IF YOU HAVE NO PAYMENT OBLIGATIONS TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, CONTENT PROVIDERS, OR ANY THIRD PARTIES NAMED IN THE APPLICATION SHALL BE LIABLE FOR BODILY INJURY, INCLUDING DEATH, ARISING FROM YOUR USE OF THE APPLICATION OR ITS MISUSE. IN SOME STATES/COUNTRIES, LAWS LIMITING LIABILITY MAY APPLY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY WHERE IT IS ILLEGAL TO DO SO. IF ANY PROVISION IS INTENDED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY LAW, THAT PROVISION WILL BE CONSTRUED AS EXCLUDING OR LIMITING OUR LIABILITY ONLY TO THE EXTENT PERMITTED BY LAW.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any losses, damages, liabilities, claims, or demands, including reasonable attorney's fees and expenses, made by a third party due to or arising out of: (1) your use of the Services; (2) your violation of these Legal Terms; (3) any breach of your representations and warranties as set forth in these Legal Terms; (4) your violation of any third-party rights, including, but not limited to, intellectual property rights; or (5) any malicious act towards any other user of the Services with whom you have interacted through the Services. Notwithstanding the above, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, lawsuit, or proceeding that is subject to this indemnification obligation as soon as we become aware of it.
23. USER PERSONAL DATA
The basic principles, purposes, terms, and methods of processing, lists of subjects and processed personal data, functions of LLC "GLK APPS" (Personal Data Operator) in processing personal data, rights of personal data subjects, as well as the requirements for the protection of personal data, are defined by the Personal Data Processing Policy of LLC "GLK APPS", which, along with the Explanation of the subject's rights and the mechanism for their implementation and the consequences of providing consent or refusal of consent, and the Consent to process personal data, is published for public viewing on the website www.sequoia.health and in the "Sequoia" mobile application.
Consent to the processing of personal data is an annex and an integral part of the public agreement between you and LLC "GLK APPS" and is concluded by joining it in a manner similar to that provided for the public agreement in Section 2 "ACCEPTANCE OF TERMS AND CONDITIONS" of these Legal Terms.
In accordance with the Personal Data Processing Policy of LLC "GLK APPS", we will retain certain data that you submit to the Services for the purpose of managing their performance, as well as data related to your use of the Services. Although we perform regular data backups, you bear sole responsibility for all data you submit or that is related to any activities you perform using the Services. You agree that we are not responsible for any loss or damage to such data, and you hereby waive the right to any claims against us arising from the loss or damage of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Your use of the Services, sending us emails, and filling out online forms are electronic communications. You agree to receive electronic messages and agree that all agreements, notices, information, and other communications that we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, AGREEMENTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any laws, rules, regulations, or other acts in any jurisdiction that require an original signature or delivery, retention of non-electronic records or payments, or the provision of credits in ways other than by electronic means.
25. MISCELLANEOUS TERMS
These Legal Terms and any policies or operating rules posted by us on the Services or in relation to the Services constitute the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be deemed a waiver of such right or provision. These Legal Terms are effective to the fullest extent permitted by law. We may transfer any or all of our rights and obligations to third parties at any time. We are not liable for any loss, damage, delays, or failure to act due to any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is deemed illegal, invalid, or unenforceable, such provision or part shall be considered severable from the rest of the Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us based on their drafting by us. You hereby waive any and all objections you may have based on the electronic form of these Legal Terms and the lack of signature by the parties to execute them.
26. FEEDBACK
For sending questions, complaints, or suggestions regarding the Services or for obtaining additional information about using the Services, please contact us at:
The legal address of LLC "GLK APPS", 73 Sergey Yesenin St., Office 1n, Minsk, Belarus, 220051.