Last Updated June 1, 2022

PLEASE READ CAREFULLY BEFORE USING THIS SITE. YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH SAIVA, INC. (“Saiva”, “us”, “our”, “we”). Saiva offers a service, via downloadable app or direct access, designed to assist healthcare providers predict potential for a patient’s imminent hospitalization (meaning within a seventy two (72) hour period), and our applications allow you to view and share your company’s access to your patients’ medical records systems in order to aid the predictive algorithms inherent to our services (collectively the “Services”). These Terms of Service (the “Terms”) govern your access and use of the Service. “User” “You,” “Your” or correlates mean those that are provisioned access to the Service by whatever means that Saiva provides. You agree that by registering for, accessing, downloading by app, or using the Service you are entering into a legally binding agreement with Saiva, thus agreeing to abide by the Terms as well as all applicable laws governing your practice. Terms are subject to revision, it is your duty to monitor the Terms for updates.

PRIVACY
Please review our Privacy Policy, which also governs your use of our Services as well as our website and is incorporated into these Terms by reference.

ELECTRONIC COMMUNICATIONS
When you visit Saiva, download our app from the APP Store or Google Play, or send e-mails to us, you are communicating with us, and our platform, electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, via the Saiva App, texting, or by posting notices on this site. In all cases, You consent to receive communications from us electronically, by phone, or by text. Standard charges from your cell phone carrier may apply. You agree that all agreements, notices, disclosures and other communications that we provide to you as well as to satisfy any legal requirement that such communications be in writing.

DOWNLOADING THE SAIVA APPLICATION,

If you elect to download the Saiva App, upon completion of the downloading process from the APP Store or Google Play, you will be asked to set up your unique account via MySaiva. This provisioning process, once completed, will give you access to the Service. To create an account, we need your company-specific e-mail address. You will then be asked to create a unique password. You may not provide false information during the registration process. Do not ever reveal your password to Saiva or anybody else. If you forget your password, you can request a reset link be sent to your registered company e-mail address. Your account is at risk if you let someone use your account or know your password information. Your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not join Saiva again without express permission. You agree to immediately notify Saiva of any unauthorized use of your account or password of which you become aware.

YOUR COMMUNICATIONS AND RECORDS

We don’t claim ownership of the content, data, or records you access from your environment or as an authorized user of a third party’s services through the Saiva Service (“Your Content”). You have complete control over Your Content is protected as described in the Privacy Policy. We do not monitor, access, verify, or endorse Your Content. Saiva may use aggregate information and extract statistical data from your content in the manner described in our Privacy Policy; such aggregate information and statistical data is owned by Saiva. You acknowledge and agree that you have all the rights necessary for the use of Your Content doesn’t violate any law. You’re responsible for backing up the data that you access via the Service. If we deny your access to the Services, or cancel the use of the Saiva App, as described further in the section above (Downloading the Saiva Application), you agree that Saiva has no obligation to retrieve any communication made in or via the Saiva App.

YOUR OBLIGATIONS; TERMINATION OF USER ACCOUNTS

You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Saiva will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Saiva harmless for any improper or illegal use of your account, including by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Service. We reserve the right at any time to refuse you (or any user at your company) access for any reason, or to terminate any user’s account in our sole discretion. You acknowledge and agree that Saiva may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Service any content associated with your account. In the alternative, You may request termination of your Saiva account at any time and for any reason by sending an email to {email}.

USE RESTRICTIONS

You agree that you will not act in any way or transmit any content that: (a) restricts or inhibits use of the Service; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes or results in the infringement of Saiva or any other third parties’ intellectual property, privacy or other rights; (e) is or you do or should reasonably believe reasonably believe to be illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves or you reasonably believe or should reasonably believe to involve any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. The software and technology underlying the Saiva App is the property of Saiva, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service, including in order to allow you to copy or download any content; (b) circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content; (c) use the Saiva App and/or content provided therein in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Service; (e) harvest, collect or mine information about other users of the Service; or (f) use or access another user’s account or password without permission. Saiva can only be used for personal purposes and can’t be used by corporations for commercial use without a written consent from us.

RIGHT TO INVESTIGATE and/or REPORT MISUSE

If Saiva believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred in connection with access to or use of the Services, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Service. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Service. You may request termination of your Saiva account at any time and for any reason by sending an email to contact@Saiva.com. Any suspension, termination, or cancellation shall not affect your obligations to Saiva and its licensors under these Terms, including but not limited to ownership, indemnification, and limitation of liability, which by their sense and context are intended to survive such suspension, termination, or cancellation.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Saiva or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Saiva , with copyright authorship for this collection by Saiva , and protected by international copyright laws.

TRADE MARKS

Saiva ’s trademarks and trade dress may not be used in connection with any product or service that is not owned or controlled by Saiva, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Saiva . All other trademarks not owned by Saiva or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Saiva or its subsidiaries.

LICENSE AND WEBSITE ACCESS

Saiva grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Saiva . This license does not include any resale or commercial use of this site, the Saiva App, or the contents of either: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Saiva . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Saiva and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Saiva ’s name or trademarks without the express written consent of Saiva . Any unauthorized use terminates the permission or license granted by Saiva . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Saiva so long as the link does not portray Saiva , its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Saiva logo or other proprietary graphic or trademark as part of the link without express written permission.

Disclaimers & Disclaimer of Warranty

Your use of the Service is at your sole discretion and risk. THE INFORMATION OBTAINED THROUGH SAIVA IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF AN APPROPRIATELY QUALIFIED AND LICENSED PHYSICIAN OR OTHER HEALTH CARE PROVIDER.
The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Saiva. EXCEPT AS OTHERWISE PROVIDED, SAIVA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, OR ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SAIVA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE; OR (II) THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SERVICE. SAIVA IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED BASED UPON USE OF THE SERVICE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Saiva content information at any time without prior notice.

LIMITATION OF LIABILITY

Your use of the Service is at your own risk. Saiva assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any content on the Service. Saiva is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the internet or on the Service, including any injury or damage to users or to any person’s mobile phone related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Saiva be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, from any content posted on or through the Service, or from the conduct of any users of the Service, whether online or offline. IN NO EVENT SHALL SAIVA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY, LEGAL, EQUITABLE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SAIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL SAIVA’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO SAIVA FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO SAIVA FOR THE USE OF THE SERVICE, THEN SAIVA SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Saiva and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.

APPLICABLE LAW

By visiting Saiva , you agree that the laws of the state of California, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Saiva or its associates.

DISPUTES

Any dispute relating in any way to your visit to Saiva or to products you purchase through Saiva shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate Saiva ’s intellectual property rights, Saiva may seek injunctive or other appropriate relief in any state or federal court in the state of California, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Saiva . We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the Contact Us link on the homepage. Or you can email us at: contactus@saivahc.com