Terms of Use

Welcome to Rocket Life Ltd. (“Owna”, "Company", "we", “our”, or "us”) Virtual Clinic Service for and our website at https://owna.health (the “Site”), our mobile applications (the “App”), and other services, information, and materials (collectively, our "Platform") made available to you (a "User" or "You") on the Platform in an effort to assist You with Your diabetes.

The Platform includes the following capabilities: (a) a User interface which allows You to: (i) share and upload data regarding Your medical condition (including blood results, body checkups, symptoms, medication, drug utilization and medical history); and (ii) access the additional support provided by us, in changing Your diet and behavior in support of Your health and well being, such as Owna Content and if subscribed for also caregiver services (also known as the “Owna Way”), and (b) a caregiver interface providing the caregiver with a copy of the information and data uploaded by You and the ability to provide You with medical advice in the case the Medical Care Provider is a physician and guidance in the case that the caregiver is not a physician (either as a chat and if scheduled also video conference).

Access to the Platform is provided to You once You download the Platform from Your App store and complete the log-in and account creation process.

If You engaged the services of a physician or a caregiver that has a license from us to use our Platform, Your subscription fee may be borne by Your physician or a caregiver under such separate agreement between us and Your physician or a caregiver. We will inform you of the above as part of the process of creating Your account with us.

If Your physician has no license to use our Platform or such license is terminated, You may open an account with us or continue to operate and use Your existing account, however, the scope of the services offered by the Platform will be limited to ensure that no medical care, treatment or advice is provided by the Platform and Your physician will not receive access to the App and the medical information and metrics that You upload. In such event, Your account will be limited to the User interface described above and if You subscribe for the Services of our caregivers who have a license from us, the Services and the caregiver interface will be available for the caregiver during the subscription period.

If Your caregiver does not have a license to use our Platform or such license is terminated, You may open an account with us or continue to operate and use Your existing account, however Your caregiver will not receive access to the App and the medical information and metrics that You upload and caregiver services will not be available under the Platform. In such event, Your account will be limited to the User interface described above and if You subscribe for the Services of our caregivers who have a license from us, the Services and the caregiver interface will be available for such caregiver during the subscription period.

The information and health metrics provided by You and any communication between You and Your physician (the “Medical Care Provider”) will be also accessed and provided to Your Medical Care Provider and may be further accessed by caregivers working for, or referred by Your Medical Care Provider or by us (collectively with Your Medical Care Provider, the “Caregivers”). We do not provide medical treatment or advice and such treatment or advice is provided solely and exclusively by Your physician. Please note that while using our Platform, You may consult and share information with Your Caregivers (provided that in case of caregivers, such caregivers are not engaged by us to provide caregiver services) by other means other than the Platform. Also note that while You may upload information and health metrics to the App, such information is not Your entire medical history and thus the information and metrics stored on the App may be incomplete or partial. Nothing herein requires You to continue and engage Your Medical Care Provider or Your caregiver.

Our Platform involves the delivery of services using electronic communications, information technology or other means between the Medical Care Provider and other Caregivers and Yourself, and may include, but not limited, to one or more of the following:

• Electronic transmission of medical records which are inputted by You;
• Interaction on an ongoing basis between Yourself and the Medical Care Provider and other Caregivers via audio, video and/or other means of communication;
• Use of output data from Your mobile device, such as, sound, video files, and such other Owna content.

Our Platform will incorporate industry standard security protocols to protect Your privacy and security of Your Information and the communication and interactions enabled by the Platform and will include customary means to safeguard data, however no assurance is made that such safeguards and protocols are sufficient to protect Your Information. While we strive to protect information transmitted on or through our Platform, we cannot and do not guarantee the security of any information You transmit on or through the Platform, and You do so at Your own risk.

While use of our Platform can provide You with potential benefits, there are also potential risks associated with the use of the Platform. These risks include, but may not be limited to the following:

• Insufficient information provided by You in order to allow appropriate decision making by the Medical Care Provider and guidance by the Caregivers;
• Delays in medical evaluation could occur;
• Failure of the safeguards implemented for the security of Your Information;
• A lack of access to all of Your medical records may result in errors in judgement by the Medical Care Provider or guidance by the Caregiver.

ARBITRATION NOTICE: These Terms of Use contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Agreeing to arbitration is an important decision which You should carefully consider.

The use of the Platform shall be subject to the terms set forth below.

1. General

If You were referred to our Platform by Your Medical Care Provider or Your Caregiver, we assume that prior to any use of the App and/or the Platform, Your Medical Care Provider or Your Caregiver will have discussed the use of the Platform with You, including the benefits and risks of such use and will verify Your eligibility and compatibility to the use of the Platform and the Owna Way.

If You were not referred as indicated above, You may subscribe to a limited version of the Platform, which does not include the support of a physician and does not provide for medical care, treatment or advice. The limited version of the Platform allows You to receive access to Owna Content, upload medical information and metrics and if further subscribed for receive support from our Caregivers.

The Platform is for use by any resident of the United States who chooses to access the Platform for a personal use thereof. A legal guardian of a minor or a ward authorized to represent them may use the Platform and answer the questionnaire for them.

These Terms of Use specify the Platform features, as well as the terms that will apply - between Owna and any legal entity, person, corporation, or body that uses the Platform, or any information or service, of any kind, contained in the Platform or obtained thereby, via any device, interface or means that allow such use.

Terms written in the singular shall be interpreted to include the plural form, and vice versa.

Owna makes no representations that the Platform is appropriate or available for use in jurisdictions other than the United States. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.

You represent that You have read these Terms of Use and Privacy Policy carefully, and understand the risks and benefits of the Platform, and have the legal capacity and authority to provide consent for Your use of the Platform, and for any minor for which You are consenting under applicable laws and regulations, including laws relating to the age of majority and/or parental/guardian consent.

The use of the Platform shall be deemed to constitute Your informed consent and acceptance of a User of the use of the Platform, and the Terms of Use stated herein and in our Privacy Policy (collectively, the "Terms of Use").

If You do not accept these Terms of Use, or any part thereof, or You do not wish to provide any information, or any part thereof, then, please do not use the Platform.

We reserve the right to update these Terms of Use or make a change in the operation of the services provided herein, from time to time, without prior notice to the User or any third party, in our sole discretion. Any material change to these Terms of Use will be brought to the attention of the user in the framework of the assessment questionnaire, before answering the assessment questionnaire and will be binding as of such time.

If You were referred by a Medical Care Provider or Caregiver who has a license from us and such license is terminated or otherwise Your engagement therewith is terminated, You may continue and use the Platform and Your account, provided that we receive Your specific authorization. Your authorization will provide us the right to maintain the information and metrics uploaded to the Platform and any correspondences stored thereby on Your behalf and not only on behalf of Your Medical Care Provider or Caregiver.

2. Registration, User Data and Security

As a condition to using the Platform, and due to the fact that the Platform displays and maintains personal sensitive and confidential information (the “Information”), You are required to register with our services and create a personal account and profile. You must provide accurate, complete and updated information. You are responsible for maintaining the confidentiality of Your password. The Information provided when registering for the Platform will be stored in Owna’s database. You will be liable for the consequences of Your provision of inaccurate or incorrect Information to us (for example, if You accept these Terms and Conditions while a minor and/or provide us with inaccurate medical information regarding Your condition and use of medications). Owna will not use Your Information except in accordance with Owna’s Privacy Policy, as set forth below.

There is no legal obligation to provide any information on the Platform, but if You do not provide the information to the extent so required, we urge You not to use the Platform as this may result in a wrong treatment by Your Medical Care Provider or wrong suggestions and tips by the Caregivers.

As a User, we offer You the option to enroll to receive SMS/text messages from us regarding account related alerts, reminders, and messages from Your Medical Care Providers and the Caregivers. By enrolling to our messaging service, You agree to receive text messages from us to Your mobile phone number provided, and You clarify that Your mobile number provided is true and accurate and that You are authorized to enroll the designated mobile number to receive text messages from us. To unsubscribe from text messages, please send us a notice to support@owna.health requesting to unsubscribe from the messaging service.

Any use and security of Your information will be made in accordance with these Terms of Use and Owna's Privacy Policy.

In accordance with the provisions of Owna's Privacy Policy, Owna may transmit the Information and details to Your Medical Care Provider for the purpose of monitoring Your medical condition and providing medical treatment and medical care, all in accordance with applicable law. You further consent that we provide the Information to the Caregivers in support of Your efforts to change Your diet and behavior.

If You no longer engage Your Medical Care Provider or Your caregiver or we no longer provide such Medical Care Provider or Caregiver with a license to use our Platform, we may continue to hold, store and use the Information for the provision of our limited version of the Platform provided that we receive Your specific authorization.

No further consent, or notice to You or to any other person shall be required for the use of the information in accordance with these Terms of Use, Owna's Privacy Policy.

For the protection of Your information and the unauthorized use of the mobile device, it is recommended that You protect it with a password and not allow a third party to use it. In any case where the device is not protected by password or it is passed on to a third party, the Information is exposed to viewing by unauthorized persons. In the event of the device being lost or stolen, there is a risk that the Information will be exposed to unauthorized persons and for potential abuse of the device and Platform on Your behalf. In these cases, and in any case of suspicion of misuse of the Platform on Your behalf, You must act to change the password/remove the Platform from the device and also notify Owna.

Given the above, You hereby waive any claim against Owna and/or anyone on its behalf for unauthorized use and/or disclosure of Information appearing and/or stored in the Platform as a result of exposure and/or loss of personal password and/or as a result of viewing the Information without giving an explicit permission to do so.

3. Use of the Platform

A User shall not misuse or copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, compile, decompile or disassemble the Platform, Owna Content or the services contained therein (or any part thereof), or permit others to do so. A User will not copy and use, or permit others to use, in any manner or form, the Platform, the services or the Owna Content, for any purpose that is not personal use, unless Owna expressly provides its advance written consent, and subject to the terms of such consent (to the extent given), and will not display such content in any way, including by way that changes or disrupts any content, even if not for advertising, marketing or commercial use of any kind.

No use of the Platform, services or Owna Content shall be made (whether by Yourself, or by someone else on Your behalf):

• which is illegal and/or in violation of any law, regulation and/or statutory provision, including use which constitutes or may constitute an infringement of privacy, copyright infringement, unjust enrichment, or any other unlawful use;
• which is unreasonable in relation to the purposes for which the Platform is intended;
• which is intended to damage or disrupt the operation of the Platform or services;
• to bypasses the means used by Owna to protect User privacy;
• to create a database by systematically downloading and storing all or part of the content thereof, including by way of automated data mining tools, crawlers, information scanning technologies, automatic retrieval or collection of information or content from the Platform, and the like;
• which is intended to transmit or otherwise make accessible any virus, worm, Trojan horse, bug, spyware, malware, or any other computer code, file, application or software that may damage, interrupt or interfere with the Platform; or
• in violation of any of the provisions of these Terms of Use.

Any activity contrary to the foregoing provisions will constitute a material breach of these Terms of Use, and may result in the referral of the matter to the officials authorized by law to handle such violations, and the commencement of legal proceedings.

Please be aware that You will be liable to indemnify Owna if You cause any harm or expense to Owna due to any claim or suit in connection with Your use of the Platform, Your violation of these Terms of Use, any law or third-party rights.

If You connect to, access or use the Platform on behalf of any third party, family member or dependent, You represent and warrant that You are legally authorized under applicable law to represent such third party, family member or dependent in connection with these Terms of Use and to undertake to be bound by these Terms of Use on behalf of the same, and You hereby provide all representations and warranties herein on behalf of Yourself and on behalf of such third party, family member or dependent.

4. Intellectual Property

The Platform, its content and the services offered thereby, and any work product resulting from the use of information permitted under these Terms of Use and all intellectual property rights relating thereto, including copyrights, moral rights and trademarks (collectively, "Intellectual Property") are owned or licensed by Owna and are protected by intellectual property law in Israel and worldwide. No provision of these Terms of Use constitutes a waiver of Owna's Intellectual Property rights under any law.

Owna grants You a limited, revocable, non-exclusive and non-assignable right to use the Platform, services and Owna Content on an individual basis only, subject to and in accordance with these Terms of Use. No right or license is granted to You by implication or otherwise, except those rights expressly granted to You in these Terms of Use.

Please note - As part of the Terms of Use, You hereby confirm that Owna has the right (including the moral right) to use, copy, store, reproduce and process Your Information (as explained in the Privacy Policy), and to create derivative works therefrom and from the Intellectual Property rights created by use of Your Information, without any further consent, notice or compensation to You or to any other person, provided that such use is made in accordance with the provisions of the Privacy Policy.

5. Disclaimer; Limitation of Liability

You are solely and fully liable for Your use of the Platform, services and Owna Content. We use our best efforts to ensure that the Platform and services meet the highest standards. However, the use of the Platform including the services and the content contained therein are provided on an "AS IS" and “AS AVAILABLE” without any obligation or warranty of any kind by Owna whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement including no obligation or warranty that the Platform will perform error-free or uninterrupted or that its use will not cause You any harm or that any indication, content or information contained in the Platform or provided as part of the services is accurate, reliable or correct. A User shall have no claim, suit or demand against Owna relating to the Platform, services or Owna Content, their characteristics, services, content, capabilities, limitations or suitability to the individual needs of different Users.

Owna, nor any other entity on its behalf, shall not be liable for any exposure or publication of the data You entered to the Platform to any other party due to any malfunction or defect in the Platform or after Information is transmitted in accordance with Owna’s Privacy Policy, except for gross negligence or intentional wrongful misconduct on the part of Owna or any of its employees (including its caregivers). In addition, You hereby agree that Owna shall not be liable for use or disclosure of the information after the information has been transmitted to Your Medical Care Provider or Caregivers as set forth in these Terms of Use.

Owna shall not be liable for any damage, loss or expense of any kind, or for any disruption of Information, that may be caused to the user as a result of the risks associated with a computerized system and communication systems, including malfunctions that cause temporary interruptions or disruptions in availability of the Platform or in the information or the data contained therein.

Subject to applicable law and other than in case of gross negligence or wrongful act by Owna, Owna shall not be liable for any damage or loss, including direct, indirect, punitive, incidental, special or consequential damages, or any other loss of any kind, including loss of use, loss of data or loss of profits, destruction, failure to secure or prevent theft of Information, the existence of viruses, spyware, loss of income, penalties, losses or expenses, incurred as a result of: (a) use of the Platform, services and Owna Content; (b) the inability to use the Platform or the services and content provided thereby or the Information contained therein; or (c) any display or publication of content or information appearing on the Platform. In the event that exclusion or limitation of liability in respect of certain damages is not permitted by law, Owna's liability shall be limited to the maximum extent permitted by applicable law.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Owna has been advised of the possibility of such damage.

By using the Platform, You represent and acknowledge that You have the knowledge and discretion necessary to decide whether to use the Platform and acknowledge that any information, output or indication available therein is intended to assist You in Your further correspondences with Your Medical Care Provider and support Your medical treatment by Your Medical Care Provider, and that there is no doctor-patient between You and Owna; and that there are risks in using the Platform or relying solely on information available on the Platform, and You hereby assume all such risks, liabilities or harm of any kind arising in connection with or resulting from such use, reliance or ignorance.

The Platform acts as a technology platform intended in part to connect You with the Medical Care Providers. Owna is not a provider of medical advice services, and the Platform and its content, including any monitoring of medical status, examination of symptoms, summary or indication provided by the Platform and including any questionnaire and indication or suggested course of action provided by the Platform are in no way intended to constitute a substitute for medical advice, or medical treatment or as the means for the diagnosis, cure or prevention of any disease or medical condition, and their sole purpose is to provide supporting information for decisions or actions taken by the User. Any medical inquiries must be consulted with Your physician and in urgent cases please call Your local emergency phone number and/or personal physician. Owna will not be responsible for any medical condition arising from the use of the Platform or as a result of any action or omission by any of Your physicians or by the User due to any indication provided (or not provided) by the Platform.

6. Update and Upgrade

We reserve the right to execute automatic updates and upgrades, including those that may apply immediately, in order to comply with the requirements of applicable law, or to safeguard the security of the Information in the Platform or improve the operation of the Platform. The provisions set out in these Terms of Use will also apply to any automatic update or upgrade that there may be.

Your continued use of the Platform after the said updates will constitute consent to receive these updates.

7. Termination

Owna reserves the right to terminate, disable or modify the operation or the access to the Platform, in the event that Owna determines or has reasonable cause to suspect that a User has violated the provisions set out in these Terms of Use. In addition, in the event that the engagement between Owna and Your Medical Care Provider or Your Caregiver will terminate, then the use of the Platform will be limited to the limited version of the Platform, which includes access to Owna Content and consultations with Your caregiver, but in no case will include support from Your physician and/or receipt of medical advice.

You have the right to withdraw Your consent to use the Platform at any time, which You may exercise by providing us with a written notice to support@owna.health. Such withdrawal of consent will prevent You from using the App and/or the Platform an any services and content provided thereby. Any such withdrawal will be effective upon receipt of the written notice, except that such withdrawal will not have any effect on any action taken by Us or Your Medical Care Provider or Caregiver in reliance on this consent before it received Your notice of withdrawal.

8. Technical Support

In the event of any malfunction or question related to the use of the Platform or these Terms of Use, please contact us. We will make all reasonable efforts to resolve any faults, but nothing in the foregoing shall constitute a representation or guarantee regarding the period within which a fault will be resolved or whether the fault will be resolved by Owna or a third party at all. Owna does not make any guarantee in respect of level of service, repair of faults or technical support other than as expressly stated in this Section 8.

9. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

You agree that: (i) the Platform shall be deemed solely based in the United States; and (ii) the Platform shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the United States. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

For any dispute with Owna, You agree to first contact us and attempt to resolve the dispute with us informally. In the event that Owna has not been able to resolve a dispute it has with You after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding ICC arbitration as provided above. This section shall not be interpreted as preventing Owna from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. You agree that this arbitration provision will survive the termination of Your relationship with Owna.

With respect to all persons and entities, regardless of whether they have obtained or used the Platform for personal or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into these Terms of Use, You and Owna are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceedings of any kind.

10. Miscellaneous

Owna may assign or transfer its rights under these Terms of Use, or any part thereof, without the need for any consent. The User acknowledges that Owna may, in its sole discretion, contract with various third parties for the purpose of those third parties providing certain aspects of the services contained in the Platform or otherwise performing such tasks on behalf of Owna, provided that a User information will not be provided to such third party other than as set forth in our privacy policy.

Delay or failure to perform any act that Owna may perform under these Terms of Use or by law or in the use or enforcement of any right acquired by Owna under these Terms of Use or by law shall not be considered to be a waiver or estoppel of such right. A waiver granted by Owna as to the existence of, or failure to enforce, any right shall not be deemed to be a waiver, failure, estoppel or extension of any other right or in any other circumstances.

In the event that any obligation or provision of these Terms of Use is declared null and void or unenforceable, such provision shall be limited in its scope to the extent necessary to make it enforceable in accordance with law, and such determination shall not affect the validity or enforceability of any other provision hereof.

Last updated: May 9, 2022