Alevia App and Vermillion Health Connect Cloud Service – Terms of Use
1. Acceptance of Terms
- These Terms of Use (“Terms”) apply to your use of the Alevia App (“App”) and Vermillion Health Connect cloud services (“Cloud Services”). By accessing and using the App or Cloud Services, you agree to be bound by these Terms.
- If you do not agree to these Terms, you are not authorized to access or use the App or Cloud Services, and you must immediately stop doing so.
2. Changes
- We may change these Terms at any time by updating them on the App and Cloud Services. Notice may be provided by posting the updated Terms or by email. Unless stated otherwise, changes take effect immediately. Continued use constitutes acceptance.
- These Terms were last updated on 18 September 2025.
3. Definitions
- Confidential Information: Non-public information obtained in connection with the App or Cloud Services.
- Data: All data, content, and information (including personal information) collected using Axon.
- Force Majeure: Events beyond a party’s reasonable control (excluding avoidable events or lack of funds).
- Intellectual Property Rights: All worldwide rights in patents, copyrights, trademarks, trade secrets, know-how, and other IP.
- Loss: Loss of profits, savings, revenue, data, or other damages and costs, including legal fees.
- Objectionable: Defamatory, obscene, harassing, threatening, harmful, or unlawful.
- Personal Information: Information about an identifiable, living person.
- Personnel: Officers, employees, contractors, and agents (excluding us when referring to your personnel).
- Technology: Discoveries, inventions, works, software, data, trademarks, and related IP.
- Underlying System: Any network, system, software, data or material connected to the App or Cloud Services.
- We, us, or our: Vermillion Health Limited.
4. Provision of the App and Cloud Services
- We will provide the App and Cloud Services with reasonable care, skill, and in compliance with applicable law.
- Provision is non-exclusive; we may provide services to others.
- Services may be unavailable occasionally for maintenance or Force Majeure. We will use reasonable efforts to provide notice.
- Cloud Services may interoperate with third-party features. Availability is not guaranteed, and we may withdraw them without liability.
5. Your Obligations
- You must keep your username and password secure and notify us immediately of unauthorized use at support@vermillionhealth.com.
- You must use the App and Cloud Services lawfully and not attempt to copy, reverse-engineer, resell, or misuse them.
- You must not introduce anything harmful (e.g., malware) that may compromise the App, Cloud Services, or Underlying System.
- When accessing the Cloud Services you must not impersonate others, access unauthorized data, or store or transmit Objectionable or unlawful content.
- You must only use the App and Cloud Services within the scope of regulatory approval and intended purpose.
6. Data
- We may need access to your Data to perform our obligations. Authorized personnel may access it for this purpose.
- We may generate anonymized, aggregated statistical data (“Analytical Data”) from your use of the Cloud Services. Analytical Data is our property and may be used for research, development, and analysis.
- Where Data includes personal information, you must obtain all necessary consents from individuals or their guardians to allow us to collect, use, and process it.
7. Fees
- You must pay Fees in accordance with Payment Terms.
- Fees exclude applicable taxes, which you must also pay.
- We may increase Fees with 30 days’ notice before a subscription period. You may terminate if you do not accept the increase.
8. Intellectual Property
- We (and our licensors) own all Intellectual Property Rights in the App, Cloud Services, Technology, and Underlying Systems.
- You retain ownership of your Data but grant us a license to use it to perform our obligations.
- If you provide feedback, you assign all rights in that feedback to us, and we may use it freely.
9. iOS Apps
- These Terms are between you and us, not Apple Inc.
- Apple has no liability for the App or its content, and no responsibility for support or legal claims.
- You must comply with third-party agreements (e.g., wireless data agreements).
- You confirm you are not subject to U.S. Government restrictions.
- Apple and its subsidiaries are third-party beneficiaries of these Terms.
10. Disclaimers
The App and Cloud Services are provided “as is”, without warranties of any kind. We do not guarantee they will be error-free, uninterrupted, or suitable for all jurisdictions. You access and use them at your own risk.
11. Confidentiality
- Each party must keep the other’s Confidential Information secure and not disclose it without consent.
- Exceptions include disclosures: (a) to perform obligations; (b) required by law; (c) of publicly available information; (d) received from a third party without restriction; or (e) in connection with corporate transactions.
12. Limitation of Liability
We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the App or Cloud Services.
13. Term, Termination and Suspension
- Unless terminated earlier, these Terms start on the Start Date and continue for successive subscription periods unless either party gives at least 10 days’ notice before renewal.
- We may suspend or terminate your access immediately if you breach these Terms.
- On termination, you must cease all use of the App and Cloud Services.
- No refunds or compensation are provided upon termination.
14. Governing Law
These Terms are governed by the laws of New Zealand, and disputes are subject to the exclusive jurisdiction of New Zealand courts.
15. General
We may contact you by email, Cloud Services, or in-App notifications. This satisfies written communication requirements.
16. Contact Us
For questions or complaints, contact: support@vermillionHealth.com