Terms and Conditions

Terms of Use Agreement

Awestruck Labs LLC (d.b.a. Cinch Health)

Effective Date: May 29, 2023

Welcome to the Cinch Health Platform. By visiting or registering as a user (a “Member”) of the Cinch Health application at Cinch.Health and accessing or using any part of the Cinch Health website and other digital properties, including without limitation mobile websites, microsites, mobile applications, profiles on social media sites, and any other digital services or properties operated or used by Cinch Health from time to time (collectively referred to as the "Platform"), you agree to comply with and be bound by this Terms of Use Agreement (the "Agreement"). The Platform is owned and operated by Awestruck Labs (d.b.a. Cinch Health (“Cinch Health”). Please carefully read this Agreement and the Cinch Health Privacy Policy, which is incorporated herein by reference. If you do not agree to terms of this Agreement and the Privacy Policy, you must immediately terminate use of the Platform.

TL;DR

You Own the Content You Generate
You own the communications you create. Cinch Health does not own the content generated; you do. Because you are customizing the content for your brand, content generated is only as unique as the customizations you add in.

This Platform Does Not Provide Legal Advice
This service is not providing legal advice. If you are seeking to use the platform to create legal notices, letters, or other communications, we recommend having a legal and licensed expert review before sharing. However, using Cinch Health may help reduce the legal time needed to create a draft for review.

This Platform Does Not Provide Medical Advice.
This service is not providing medical advice. You can produce health-related advice and recommendations, but this data is collected from respected public health and governmental sources. It should not be presented as medical advice to your customers.

This Platform is not for PHI (Protected Health Information)
While we comply with HIPAA rules for generating content, the platform iself has not been secured for storing PHI. Luckily, you don’t need to store PHI here! Do not enter any protected health information into the platform to use in generating content. All patient information should be added to communications outside of Cinch Health.

REGISTRATION

Territory and Age Eligibility. You may only become a registered user of the Platform if you are located within the continental United States, Alaska and Hawaii, and are at least 18 years of age.
Registration; Authentication. You may only create one account with one profile on the Platform (your “Profile”). In order for your registration to be complete, your Profile must use your legal name and verifiable contact information (e.g., email address and telephone number registered to you).
Personal Login Information. As part of the registration, you are required to either (a) sign in and be authenticated through Google/Gmail or (b) select and register a unique login and password ("Personal Login Information"). You must keep your Personal Login Information confidential by taking appropriate measures to maintain confidentiality, such as logging off and closing the Internet browser where you accessed the Platform, especially if you have connected to the Platform through an unsecured network (e.g., a public computer). Your Personal Login Information is personal to you, and you may not allow any third party to use it under any circumstances. Cinch Health is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Cinch Health immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
No Discrimination; No Guaranty. Cinch Health operates without regard to race, color, national origin, religion, sex, sexual orientation, gender identity, marital status, age (except for eligibility), or disability.
Privacy Policy. Cinch Health agrees to use and protect your personal information in accordance with the Cinch Health Privacy Policy.
Limited License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Platform conditioned on your continued acceptance of, and compliance with, this Agreement. You may not (i) use the Platform for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Platform; (ii) interfere with the proper working of the Platform including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use of the Platform. Cinch Health reserves the right to bar, restrict, or suspend any user's access to the Platform, and to terminate this license at any time for any reason. Cinch Health reserves any rights not explicitly granted in this Agreement.
Binding Legal Agreement. The Platform is available only to individuals who can enter into legally binding contracts under applicable law. This Agreement constitutes a legally binding agreement between you and Cinch Health regarding your use and access to the Platform. By gaining access to, registering with, and using the Platform, you are receiving good and valuable consideration and agree to be bound by the terms of this Agreement.
Changes to the Platform; Changes in this Agreement; Acceptance by Use. Cinch Health may change the Platform, its appearance, content, services, or information at any time in its sole discretion without notice. Cinch Health reserves the right to revise, amend, or restate this Agreement at any time in its sole discretion. Any such changes to this Agreement will be posted to the Platform with an updated version of the Agreement that reflects the effective date of the changes. Your use of the Platform signifies your acceptance of all the terms and conditions contained in the version of the Agreement posted and effective at the time of your use. You will be responsible for regularly reviewing the Agreement posted to the Platform. No revision to this Agreement will apply to a controversy or claim of which you or Cinch Health had actual notice of on or before the date of any such revision.
Down Time. Cinch Health uses commercially reasonable methods to make the Platform available without significant interruption, except for scheduled down time needed to help maintain effective operation of the Platform. However, difficulties with hardware, software, and equipment as well as services supplied by others may result in service interruptions.
Security. Cinch Health will use reasonable security measures to protect the Platform, and at least those security measures required by law. However, Cinch Health is not responsible for any breach of security or for the unauthorized use by others of your information.
Electronic Communications. You consent to receive communications from Cinch Health electronically in accordance with the notification settings in your Profile, including by email and SMS (all carrier fees apply), in app notifications, notices posted on the Platform, and other methods approved by you. You agree that all agreements, disclosures, notices and other communications that Cinch Health provides to you electronically satisfy any legal requirement that such communication be in writing.
Term and Termination. This Agreement will take effect at the time you begin using the Platform. Cinch Health reserves the right, with or without notice, at any time and for any reason to deny you access to the Platform or to any portion thereof, and to terminate this Agreement.

USER OBLIGATIONS

Compliance with Laws; Platform Behavior. You agree that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. You further agree that you will not interfere with the use and enjoyment of the Platform by other users or with Cinch Health’s operation and management of the Platform. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Platform. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, Cinch Health reserves the right to terminate your access and use of the Platform. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Platform, or defame or otherwise harm any party through your use of the Platform. In addition, you also agree that you will not use the Platform to:
1. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unacceptable to Cinch Health;
2. upload, post, email, transmit or otherwise make available any content that is protected health information of any individual;
3. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. collect or use any information that might identify a person (for example, harvesting usernames or faces), unless permitted by that person;
6. upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
8. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; or
9. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Reporting Fraudulent Activity or Inappropriate Platform Usage or Behavior. If you become aware of or suspect fraudulent or unlawful activity or any other activity that threatens the security of the Platform, its content or operations (or any part thereof), or appears to be a misuse of or unauthorized access to any confidential information, you are obligated to immediately report the activity to Cinch Health. We ask that you also report to us any activity on or regarding the Platform that comes to your attention that is inappropriate, abusive, or otherwise problematic. Cinch Health reserves the right but not the obligation to pursue actions against any such wrongdoers. To report any of the foregoing problematic or potentially problematic activity, please contact Cinch Health as set forth below.
Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. Cinch Health reserves the right to report to local, national, or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those that may compromise the safety of you or users of the Platform or the subjects of information sent through the Platform. Nothing in this Agreement shall be construed to prohibit or restrict Cinch Health from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements, or legal reporting obligations relating to your or another user’s use of the Platform, or use of information or user information.

CONTENT

Content. The content on the Platform includes Content submitted to the platform as well as Platform-generated graphics and text (collectively, "Content”). Content may be provided to the Platform and distributed by our users. Content is the responsibility of the person or entity that provides it to the Platform or removes it from the Platform after generation.
Uploading Content. If you have a Cinch Health account, you may be able to add Content to the Platform. If you add Content, you must not submit to the Platform any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Platform and the Content generated. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant: You retain all your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Cinch Health, as described below.
Content Rights. By providing Content to the Service, you grant to Cinch Health a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, modify, and transform) for the purpose of improving the Service.
Duration of License: The licenses granted by you continue until the Content is removed as described below. Once removed, the licenses will terminate, except where the operation of the Platform, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Cinch Health to delete copies we reasonably need to keep for legal purposes or have already used for the purpose of improving the Service.
Removing Your Content: You may remove your Content from the Platform at any time. You must remove your Content if you no longer have the rights required by these terms.

PROFESSIONAL STANDARD OF CONDUCT

Member Standard of Conduct. You agree to conduct all communications, and other interactions related to Cinch Health with professionalism. Cinch Health professionalism includes, but is not limited to, the following principles:
1. Do not willingly generate content that is dangerous to public health; and
2. Do not willingly generate content that is harmful or inaccurate; and
3. Avoid offensive and inappropriate language.
Violations of the Member Standard of Conduct. If you violate the Member Professional Standard of Conduct, you may be removed from the Platform at Cinch Health’s sole discretion. Examples of violations of the Standard of Conduct include, but are not limited to, if you:
1. Promote violence against or directly attack or threaten another person;
2. Discriminate against another person on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease;
3. Promote dangerous and harmful health information.

USE OF CONTENT ON THE PLATFORM

Proprietary Rights. The content of the Platform includes (i) Cinch Health's copyrighted materials, trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Cinch Health Marks"); and (ii) writings, compilations, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Platform (the items identified in subsections (i), (ii), and (iii) shall be collectively referred to herein as "Cinch Health Content"). Cinch Health Content is the property of Cinch Health, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. Any uses, modifications, reproductions, rebroadcasts, sales or dissemination of the information contained on the Platform and Cinch Health Content that are not expressly permitted are prohibited. Cinch Health reserves the right to require any party sharing Cinch Health Content to discontinue, disable, or remove the content if its use violates Cinch Health's rights or policies, or causes interruption or deterioration of Cinch Health Content.

EXCLUSION OF LIABILITY AND DISCLAIMER OF WARRANTIES

Responsibility for Use; Exclusion of Liability. Use of the Internet and the Platform is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, Cinch Health does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Platform over the Internet or other communication network. Cinch Health is not obligated to correct or update the Platform or Cinch Health Content and is not liable for omissions, typographical errors, or out-of-date information which may appear on the Platform. Cinch Health is not responsible for the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Disclaimers; No Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION AND SERVICES CONTAINED ON, USED THROUGH, OR OBTAINED FROM THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CINCH HEALTH DOES NOT WARRANT THAT THE INFORMATION AND SERVICES CONTAINED ON, USED THROUGH OR OBTAINED FROM THE PLATFORM ARE ACCURATE, COMPLETE, FREE FROM BUGS, DEFECTS, HARMFUL COMPONENTS, OR ERRORS, OR THAT SENT INFORMATION WILL REACH THE INTENDED DESTINATION OR REACH IT IN THE FORM INTENDED, OR THAT THE SYSTEM WILL BE ACCESSIBLE WITHOUT INTERRUPTION, OR THAT ANY SUCH DEFECTS, HARMFUL COMPONENTS, OR ERRORS WILL BE CORRECTED OR REMOVED. CINCH HEALTH MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, WITH RESPECT TO THE CONTENT OR OPERATION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, REGARDING THE SUITABILITY, RELIABILITY, QUALITY, ACCURACY, USEFULNESS, TIMELINESS, AVAILABILITY, OPERATION, OR COMPLETENESS OF ANY INFORMATION OR SERVICES PROVIDED ON OR MADE AVAILABLE THROUGH THE PLATFORM. ADDITIONAL DISCLAIMERS MAY APPEAR ON THE PLATFORM AND ARE INCORPORATED HEREIN BY REFERENCE.YOU ACKNOWLEDGE THAT CINCH HEALTH DOES NOT ENDORSE OR ACT IN A REPRESENTATIVE CAPACITY AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY AFFILIATE SITE, ANY PLATFORM USER, OR ANY THIRD PARTY.
General Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINCH HEALTH SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PLATFORM, ANY DELAYS IN USING THE PLATFORM, YOUR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, SERVICES, AND RELATED CONTENT OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM.
Termination as Sole Remedy. If you are dissatisfied with any portion of Platform or this Agreement or believe you have a claim against Cinch Health for your use of the Platform, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Platform.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Cinch Health from and against all claims arising from or in any way related to your use of the Platform and Cinch Health Content or breach of any obligations in this Agreement, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. Cinch Health will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this clause except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Cinch Health other than under this clause.

LINKS, ACCESS AND INFORMATION RELATED TO OTHER SITES

Third-Party Information. The Platform may discuss or link to materials, information, products, and services provided by third parties. Any such information made available by third parties such as content providers and other users of the Platform are those of the respective third party and not of Cinch Health. Cinch Health makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
Links to Third-Party Websites. The Platform may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which Cinch Health exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk.
Links to Social Media Sites. Cinch Health provides links to social media profiles on sites such as Facebook, Instagram, Twitter, LinkedIn, and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. Cinch Health is not responsible for content or links posted by others, including registered users.

OTHER

Governing Law. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Colorado, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Colorado, U.S.A. in all disputes arising out of or relating to the use of Cinch Health Platform. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Use of Cinch Health Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cinch Health as a result of this agreement or use of Cinch Health Platform.
Compliance with Laws. Cinch Health's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement will limit Cinch Health's ability or right to comply with governmental, court and law enforcement requests or requirements relating to your use of Cinch Health or information provided to or gathered by Cinch Health with respect to such use.
Entire Agreement. This Agreement and the Privacy Policy incorporated by reference constitute the entire agreement between you and Cinch Health with respect to the Platform. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cinch Health with respect to the Platform.
Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
No Third-Party Beneficiary. Nothing in this Agreement shall be construed to establish a basis for claims against Cinch Health or its officers, directors, or employees by third parties asserting status as third-party beneficiaries.
Waiver and Severability. Failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and all other provisions shall remain in full force and effect.

CONTACT INFORMATION

If you have any questions or comments relating to this Agreement, you may contact us By e-mail: hello@Cinch.Health