Thank you for your interest in the myHealthbox APIs. The myHealthbox APIs are a collection of services that allow you to include general information about medicines and healthcare products, information Leaflets for the public, information Leaflets for healthcare professionals and other Content from myHealthbox in your web pages or applications.
Last Updated: January 2, 2016
This page contains the myHealthbox APIs Terms of Service. If you have questions about these terms, please contact our Customer Service or Sales teams (contact emails are available on myhealthbox.eu or eleaflet.eu ). These terms do not apply if you have entered into a separate written agreement with myHealthbox related to the myHealthbox APIs.
1.1 Use of the Service is Subject to these Terms. Your use of any of the myHealthbox APIs (referred to in this document as the "myHealthbox API(s)" or the "Service") is subject to the terms of a legal agreement between you and myHealthbox (the "Terms"). "myHealthbox" means (a) Youbiquitus Mobile Solutions srl, with offices at Via Spadolini 11B, 20141 Milano, Italy.
1.2 The Terms include myHealthbox's Legal Notices and Privacy Policy.
Unless otherwise agreed in writing with myHealthbox, the Terms will include the following:
the terms and conditions in this document (the " myHealthbox APIs Terms");
the Legal Notices; and
the Privacy Policy.
Before you use the myHealthbox API(s), you should read each of the documents comprising the Terms, and print or save a local copy for your records.
1.3 Use of Other myHealthbox Services and Additional Terms. If you use the myHealthbox API(s) in conjunction with any other myHealthbox products, including any other myHealthbox API(s), (collectively, the Service and all other myHealthbox products and services are referred to as the "myHealthbox Services"), your agreement with myHealthbox will also include the terms applicable to those myHealthbox Services. All of these are referred to as the "Additional Terms." If Additional Terms apply, they will be accessible to you either within or through your use of the applicable myHealthbox Services. If there is any contradiction between the Additional Terms and the myHealthbox API(s) Terms, then the myHealthbox API(s) Terms will take precedence only as they relate to the myHealthbox API(s), and not to any other myHealthbox Services.
1.4 Precedence of myHealthbox API(s) Terms. If there is any contradiction between the myHealthbox API(s) Terms and other myHealthbox API(s)-related documents (including the myHealthbox API(s) Documentation), then the myHealthbox API(s) Terms will take precedence.
1.5 Changes to the Terms. myHealthbox reserves the right to make changes to the Terms from time to time. When these changes are made, myHealthbox will make a new copy of the Terms available via email or on the myHealthbox website (or such other URL as myHealthbox may provide). You understand and agree that if you use the Service after the date on which the Terms have changed, myHealthbox will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate this agreement by ceasing use of the myHealthbox API(s).
2.1 Clicking to Accept or Using the myHealthbox API(s). In order to use the myHealthbox API(s), you must agree to the Terms by:
clicking to accept the Terms, where this option is made available to you by myHealthbox in the Service’s user interface; or
using the myHealthbox API(s). You understand and agree that myHealthbox will treat your use of the myHealthbox API(s) as acceptance of the Terms from that point onwards.
2.2 U.S. Or E.U. Law Restrictions. You may not use the myHealthbox API(s) and may not accept the Terms if you are a person barred from using the Service under United States or European law.
2.3 Authority to Accept the Terms. You represent that you have full power, capacity, and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
3.1 myHealthbox’s Privacy Policy. For information about myHealthbox's data protection practices, please read myHealthbox's Privacy Policy. This policy explains how myHealthbox treats your personal information and protects your privacy when you use the Service.
3.2 Use of Your Data under myHealthbox’s Privacy Policy. You agree to the use of your data in accordance with myHealthbox's Privacy Policy.
3.3 Your Privacy Policy. You must post and abide by an appropriate privacy policy in your myHealthbox API Implementation in accordance with myHealthbox's Privacy Policy.
3.4 Applicable Privacy Laws. You will comply with all applicable laws relating to the collection of information from visitors to your myHealthbox API Implementation.
4.1 myHealthbox’s Subsidiaries and Affiliates. myHealthbox may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of myHealthbox itself. You understand and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
4.2 Limits on Your Use of the Service. You understand and agree that myHealthbox may limit the number of transactions you may send or receive through the Service; such fixed upper limits may be set by myHealthbox at any time, at myHealthbox’s discretion. For further information, see Section 10.4(b) below.
4.3 Advertising.
Advertising and “Buy it now” buttons. myHealthbox reserves the right to include advertising and “Buy it now” buttons in the documents (leaflets) provided to you through the myHealthbox API(s). By using the myHealthbox API(s) to obtain search results, you agree to display such advertising in the form provided to you by myHealthbox.
Opting out of ads. You may at any time opt out of advertising in the search results by either:
contacting the myHealthbox API sales team to obtain a myHealthbox enterprise license; or
terminating your use of the Service.
4.4 Changes to the Service; Deprecation Policy. The following is the Service’s "Deprecation Policy":
myHealthbox will announce if it intends to remove major features from, or discontinue, an API or the Service.
myHealthbox will use commercially reasonable efforts to continue to operate older myHealthbox API versions and features until one year after the announcement, unless myHealthbox determines in its reasonable good faith judgment that:
it is required by law or third-party relationship (including changes in law or relationships) to make those changes earlier; or
doing so could create a security risk or substantial economic or material technical burden.
5.1 Signing Up for a myHealthbox Account. In order to access the Service, you may be required to have and maintain a myHealthbox Account in good standing. You must ensure that any information you give to myHealthbox in connection with your myHealthbox Account or the Service will always be accurate, correct, and up to date.
5.2 Your Passwords and Account Security. You will be solely responsible to myHealthbox for your use of the Service. You must notify myHealthbox immediately if you become aware of any unauthorized use of your API account; your myHealthbox Account (if you have one); or any unique identifier myHealthbox may require you to use, such as an API Key or client ID (a "Developer Identifier").
You understand and agree that myHealthbox and its licensors and their suppliers (as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights in the Service and Content (whether those rights are registered or not, and wherever in the world those rights may exist).
You will use the Service only for purposes that:
are permitted by the Terms (including the Licenses in Section 8);
are permitted by any applicable law or third-party contract in the relevant jurisdictions; and
comply with all applicable policies or guidelines made available by myHealthbox, including in the myHealthbox API(s) Documentation.
8.1 Definitions.
"Brand Features" means trade names, trademarks, logos, domain names, and other distinctive brand features.
"Content" means any content provided through the Service (whether created by myHealthbox or other third-parties), including documents and documents data in any format, images.
"myHealthbox API Implementation" means a software application, website, or other implementation that uses the myHealthbox API(s) to obtain and display Content in conjunction with Your Content.
"Your Content" means any content that you provide in your myHealthbox API Implementation, including data, images, video, or software. Your Content does not include the Content as defined in Subsection (2).
8.2 Service License. Subject to these Terms (including Section 9 (License Requirements) and Section 10 (License Restrictions)), during the term of this agreement, myHealthbox gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to use the Service as provided by myHealthbox, in the manner permitted by the Terms.
8.3 Content License. Subject to these Terms (including Sections 8.3(a) and (b), Section 9 (License Requirements), and Section 10 (License Restrictions)), during the term of this agreement, myHealthbox gives you a non-exclusive, worldwide, personal, non-transferable,non-assignable, non-sublicensable, royalty-free license to use the Content in your myHealthbox API Implementation, as the Content is provided in the Service, and in the manner permitted by the Terms.
Content (including medicines data, usage and dosage information, side effects data, etc.) is provided for information purposes only. You should exercise judgment in your use of the Content.
Certain Content is provided under license from third parties, and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. You may be held liable for any unauthorized use of this content.
8.4 Brand Features License.
Grant. Subject to these Terms (including Section 8.4(b), Section 9 (License Requirements), and Section 10 (License Restrictions)), during the term of this agreement, myHealthbox gives you a non-exclusive, worldwide, personal, non-transferable, non-assignable, non-sublicensable, royalty-free license to display myHealthbox’s Brand Features solely for the purposes of (i) promoting or advertising your authorized use of the Service in accordance with this Section and (ii) fulfilling your obligations under the Terms.
Restrictions. In using myHealthbox Brand Features, you will not:
display a myHealthbox Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by myHealthbox (other than your use of the Service), or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of, myHealthbox or its personnel;
display a myHealthbox Brand Feature in your myHealthbox API Implementation, site, or other propert(ies) if any of them contain or display adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under 21 years of age;
have the myHealthbox logo as the largest logo in your myHealthbox API Implementation, site, or other propert(ies);
display a myHealthbox Brand Feature as the most prominent element in your myHealthbox API Implementation, on any page of your site, or on any of your other propert(ies);
display a myHealthbox Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to myHealthbox;
use myHealthbox Brand Features to disparage myHealthbox or the myHealthbox Services;
display a myHealthbox Brand Feature in your myHealthbox API Implementation, site, or other propert(ies) that violate any law or regulation; or
remove, distort, or alter any element of a myHealthbox Brand Feature (including squeezing, stretching, inverting, or discoloring).
No further license grant; no challenges. Except as stated in this Section, nothing in the Terms grants or will be deemed to grant you any right, title, or interest in myHealthbox’s Brand Features. Your use of myHealthbox’s Brand Features (including any goodwill associated with them) will inure to myHealthbox’s benefit. During and after the Term, and to the maximum extent permitted by applicable law, you will not challenge or assist others to challenge myHealthbox’s Brand Features (or their registration by myHealthbox), and you will not attempt to register any Brand Features (including domain names) that are confusingly similar to myHealthbox’s in any way (including in sound, appearance, or spelling).
8.5 Proprietary Rights Notices. You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices, Terms of Use links, or Brand Features) displayed or provided through the Service. Where such notices are not displayed or provided within the Service, you must display such notices according to the myHealthbox API(s) Documentation.
8.6 Determination of Compliance. myHealthbox reserves the sole right and discretion to determine whether your use of the Service, Content, and Brand Features complies with these Terms.
myHealthbox’s licenses above are subject to your compliance with the following requirements:
9.1 Free, Public Accessibility to Your myHealthbox API Implementation.
9.1.1 General Rules.
Free access (no fees). Subject to Section 9.1.2 (Exceptions), your myHealthbox API Implementation must be accessible to the general public without charge and must not require a fee-based subscription or other fee-based restricted access. This rule applies to Your Content and any other content in your myHealthbox API Implementation, whether Your Content or the other content exists now or is added later.
Public access (no firewall). Your myHealthbox API Implementation must not operate (i) only behind a firewall; or (ii) only on an internal network (except during the development and testing phase); or (iii) in a closed community (for example, through invitation-only access).
9.1.2 Exceptions.
Enterprise agreement with myHealthbox. The rules in Section 9.1.1 (Free access, Public access) do not apply if you have entered into a separate written agreement with myHealthbox or obtained myHealthbox's written permission.
Mobile applications.
The rule in Section 9.1.1(a) (Free access) does not apply if your myHealthbox API Implementation is used in a mobile application that is sold for a fee through an online store and is downloadable to a mobile device that can access the online store.
9.1.3 Examples.
You can require users to log in to your myHealthbox API Implementation if you do not require users to pay a fee.
If you are a consultant who creates or hosts myHealthbox API Implementations for third-party customers, you may charge those customers a fee for your consulting or hosting services (but not for the myHealthbox API Implementations themselves, except as permitted under Section 9.1.2 (Exceptions)).
9.2 Reporting. You must implement those reporting mechanisms that myHealthbox requires (as updated from time to time in these Terms and in the myHealthbox API(s) Documentation).
9.3 End User Terms and Privacy Policy. If you develop a myHealthbox API Implementation for use by other users, you must:
display to the users of your myHealthbox API Implementation the link to myHealthbox’s Terms of Service as presented through the Service or described in the myHealthbox API(s) Documentation;
explicitly state in your myHealthbox API Implementation’s terms of use that, by using your myHealthbox API Implementation, your users are agreeing to be bound by myHealthbox’s Terms of Service; and
protect the privacy and legal rights of those users.
Your privacy policy. You must make publicly available, and must abide by, an appropriate privacy policy in your myHealthbox API Implementation. In particular, if your myHealthbox API Implementation enables you or any party to gain access to information about users of the myHealthbox API(s), including personally identifiable information (such as user names) or non-personally identifiable usage information (such as location), your privacy policy must describe your use and retention of this information.
Geolocation privacy
Your myHealthbox API Implementation must notify the user in advance of the type(s) of data that you intend to collect from the user or the user’s device. Your myHealthbox API Implementation must not obtain or cache any user’s location in any manner except with the user's prior consent. Your myHealthbox API Implementation must let the user revoke the user's consent at any time.
If your myHealthbox API Implementation provides myHealthbox with geolocation data, that geolocation data must not enable myHealthbox to identify an individual user. For example, if your myHealthbox API Implementation sends myHealthbox Your Content, and Your Content includes geolocation data, Your Content must not also include unique device identifiers associated with individual users.
If you intend to obtain the user’s location and use it with any other data provider's data, you must disclose this fact to the user.
myHealthbox’s Privacy Policy. Your privacy policy must notify users that you are using the myHealthbox API(s) and incorporate by reference myHealthbox’s Privacy Policy by including a link to myHealthbox’s then-current Privacy Policy (at https://myhealthbox.eu/en/legal.php or such other URL as myHealthbox may provide).
Cookies. Certain myHealthbox API(s) may store and access cookies and other information on end users’ devices. If you use any of these cookie-enabled myHealthbox API(s) in your myHealthbox API Implementation, then for end users in the European Union, you must comply with the EU User Consent Policy.
9.4 Attribution.
Content provided to you through the Service may contain the Brand Features of myHealthbox, its strategic partners, or other third-party rights holders of content that myHealthbox indexes. When myHealthbox provides those Brand Features or other attribution through the Service, you must display such attribution as provided (or as described in the myHealthbox API(s) Documentation) and must not delete or alter the attribution.
You must conspicuously display the "powered by myHealthbox" attribution (and any other attribution(s) required by myHealthbox in the myHealthbox API(s) Documentation) on or adjacent to the relevant Service search box, myHealthbox search results or on a dedicated page.
You understand and agree that myHealthbox has the sole right and discretion to determine whether your attribution(s) are in compliance with the above requirements.
9.5 Preventing Unauthorized Use. You will use all reasonable efforts to prevent unauthorized use of the Service and to terminate any such unauthorized use.
9.6 Responsibility for Breaches. You are solely responsible for (and myHealthbox has no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of any such breach (including any loss or damage that myHealthbox may suffer).
Except as expressly permitted under the Terms, or unless you have received prior written authorization from myHealthbox (or, as applicable, from the particular Content provider), myHealthbox’s licenses above are conditioned on your adherence to all of the restrictions below. In this Section 10, the phrase "you will not" means "when using the Service, you will not, and will not permit a third party to."
10.1 Administrative Restrictions.
No access to APIs or Content except through the Service. You will not access the myHealthbox API(s) or the Content except through the Service. For example, you must not access documents through interfaces or channels (including undocumented myHealthbox interfaces) other than the myHealthbox API(s).
No access to Service without applicable Developer Identifier(s). For certain versions or features of the myHealthbox API(s), myHealthbox may require you to use a Developer Identifier to access and administer the Service. If a Developer Identifier is required under the myHealthbox API(s) Documentation, you will not access the Service without the Developer Identifier.
No hiding identity. You will not hide from myHealthbox the identity of your myHealthbox API Implementation. You must follow the identification conventions in the myHealthbox API(s) Documentation.
10.2 General myHealthbox API Restrictions. The following restrictions apply generally to all myHealthbox Services, including the myHealthbox application programming interfaces (the “myHealthbox API(s)”). You will not:
Sublicense a myHealthbox API for use by a third party. Consequently, you will not create an API client that functions substantially the same as the myHealthbox APIs and offer it for use by third parties.
Perform an action with the intent of introducing to myHealthbox Services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Defame, abuse, harass, stalk, or threaten others.
Interfere with or disrupt the myHealthbox APIs or the servers or networks providing the myHealthbox APIs.
Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
Reverse engineer or attempt to extract the source code from any myHealthbox API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Use the myHealthbox APIs for any activities where the use or failure of the myHealthbox APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
Remove, obscure, or alter any myHealthbox terms of service, or any links to or notices of those terms.
10.3 Quality Standards Restrictions.
No violation of myHealthbox’s Software Principles. You will not violate myHealthbox’s Software Principles at https://myhealthbox.eu/en/legal.php (or such other URLs that myHealthbox may designate).
No modification of search results. You will not modify, reorder, augment, or manipulate search results in any way unless you explicitly notify the end user of your actions.
10.4 Restrictions on Unfair Exploitation of the Service and Content.
No use except under these Terms. You will not use the Service or Content except as expressly permitted under these Terms. For example:
No fees. You will not charge any third party a fee to use your myHealthbox API Implementation, the Service, or the Content, unless you have purchased an applicable myHealthbox Business license that expressly permits this use.
No printing 1,000+ copies for direct marketing. You will not print more than 1,000 copies of sales collateral materials containing a screenshot of the Content for purposes of commercial sales lead generation.
No use as a core part of printed matter. You will not incorporate the Content as a core part of printed matter (such as a printed medication guide or medicines list book) that is redistributed for a fee.
No use beyond transaction limits and usage policies. If your myHealthbox API Implementation generates a high volume of transactions, myHealthbox reserves the right to set transaction limits, as described in the myHealthbox API(s) Documentation. myHealthbox also reserves the right to set other usage policies in the Documentation from time to time. If you want to engage in use outside these transaction limits or usage policies you can contact the myHealthbox sales team for licensing options to address your needs. myHealthbox may decline your request, or condition acceptance on your agreement to additional terms and/or charges for that use.
Restrictions on your myHealthbox API Implementations.
No creation of a substitute service. You will not use the Service to create a myHealthbox API Implementation that is a substitute for, or substantially similar service to, myHealthbox (at https://myhealthbox.eu (or such other URL as myHealthbox may provide)) ("myHealthbox") or the Service.
No creation or augmentation of data sets based on myHealthbox’s Content or Services. You will not use myHealthbox’s Content or Services to create or augment your own medical-related dataset (or that of a third party).
10.5 Intellectual Property Restrictions.
No distribution or sale except as permitted under the Terms. You will not distribute, sell, or otherwise make any part of the Service available to third parties except as permitted by these Terms.
No derivative works. You will not modify or create a derivative work based on any Content unless expressly permitted to do so under these Terms.
No use of Content outside the Service. You will not use any Content outside of the Service except as expressly permitted to do so in Subsection (d). For example, you will not export or save the Content to a third party’s platform or service.
No caching or storage. You will not pre-fetch, cache, index, or store any Content to be used outside the Service, except that you may store limited amounts of Content solely for the purpose of improving the performance of your myHealthbox API Implementation due to network latency (and not for the purpose of preventing myHealthbox from accurately tracking usage), and only if such storage:
is temporary (and in no event more than 30 calendar days);
is secure;
does not manipulate or aggregate any part of the Content or Service; and
does not modify attribution in any way.
No mass downloading. You will not use the Service in a manner that gives you or a third party access to mass downloads or bulk feeds of any Content. For example, you are not permitted to offer a batch service that uses Content contained in the myHealthbox API(s).
No incorporating myHealthbox software into other software. You will not incorporate any software provided as part of the Service into other software.
No removing, obscuring, or altering terms of service, links, or proprietary rights notices. You will not:
remove, obscure, or alter any myHealthbox terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or
falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
11.1 Content License. myHealthbox claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting or displaying Your Content through the Service, you give myHealthbox a perpetual, irrevocable, non-exclusive, worldwide, sublicensable, royalty-free license to use Your Content solely for the following purposes:
enabling myHealthbox to provide you with the Service;
if you opt to do so through your myHealthbox API Implementation’s features, allowing end users to use Your Content in myHealthbox Services; and
if you opt to submit Your Content through the myHealthbox API(s), allowing myHealthbox to use that content in myHealthbox Services.
11.2 Marketing License. During the term of this agreement, you give myHealthbox a non-exclusive, worldwide, sublicensable, royalty-free license to use Your Brand Features and Your Content to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports, and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured).
11.3 Authority to Grant Licenses. You represent and warrant that you have all the rights, power, and authority necessary to grant the above licenses.
This Section 12 applies if you purchase usage capacity (beyond the Service’s transaction limits) through the myHealthbox API Standard pricing plan:
12.1 Free Quota. Certain parts of the Service are provided to you without charge up to the transaction limits described in the myHealthbox API(s) Documentation.
12.2 Online Billing. myHealthbox will issue an electronic bill to you for all charges accrued above the transaction limits based on your use of the Service during the previous month. You will pay all fees specified in the invoice, including the invoice’s specified currency and payment terms. myHealthbox’s measurement of your use of the Service is final.
12.3 Taxes. In association with your purchase of myHealthbox API usage, you are responsible for all applicable government-imposed taxes, except for taxes based on myHealthbox’s net income, net worth, employment, and assets (including personal and real property) ("Taxes"), and you will pay myHealthbox for the Service without any reduction for Taxes. If myHealthbox is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide myHealthbox with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If you are required by law to withhold any Taxes from your payments to myHealthbox, you must provide myHealthbox with an official tax receipt or other appropriate documentation to support such withholding.
12.4 Invoice Disputes & Refunds. To the fullest extent permitted by law, you waive all claims relating to fees unless claimed within sixty days after charged (this does not affect any of your rights with your credit card issuer). Refunds (if any) are at myHealthbox’s discretion and will only be in the form of credit for the Service. Nothing in these Terms obligates myHealthbox to extend credit to any party.
12.5 Delinquent Payments. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). myHealthbox reserves the right to suspend your access to the Service for any late payments.
13.1 The Terms will continue to apply until terminated by either you or myHealthbox as described below.
13.2 You may terminate your legal agreement with myHealthbox by removing the myHealthbox API(s) code from your myHealthbox API Implementation and discontinuing your use of the Service at any time. You do not need to specifically inform myHealthbox when you stop using the Service.
13.3 myHealthbox reserves the right to terminate these Terms or discontinue the Service, or any portion or feature of the Service, for any reason and at any time without liability or other obligation to you, except as described under Section 4.4 (Changes to the Service; Deprecation Policy).
13.4 Nothing in this Section 13 will affect myHealthbox’s rights under Section 4 (Provision of Service by myHealthbox).
13.5 When this legal agreement comes to an end, those Terms that by their nature are intended to continue indefinitely will continue to apply, including Sections 6 (myHealthbox’s Proprietary Rights); 11.1 (Content License); 13.4 and 13.5 (Terminating this Agreement); 14 (Exclusion of Warranties); 15 (Limitations of Liability); 16 (Indemnities); and 19 (General Legal Terms).
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, WILL EXCLUDE OR LIMIT myHealthbox’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND myHealthbox’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, myHealthbox, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:
THE SERVICE WILL MEET YOUR REQUIREMENTS;
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
14.3 ANY CONTENT OBTAINED THROUGH THE myHealthbox SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH CONTENT.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM myHealthbox, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.5 myHealthbox, ITS LICENSORS, AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15.1 SUBJECT TO SECTION 14.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, myHealthbox, ITS SUBSIDIARIES, AND AFFILIATES, AND myHealthbox'S LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, COMMON LAW, OR STATUTORY DAMAGES); ANY LOSS OF REVENUES OR PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST TO PROCURE SUBSTITUTE GOODS OR SERVICES; OR ANY INTANGIBLE LOSS; OR
ANY LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON myHealthbox SERVICES;
ANY CHANGES THAT myHealthbox MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY DISCONTINUATION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
YOUR FAILURE TO PROVIDE myHealthbox WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
15.2 THE LIMITATIONS ON myHealthbox’S LIABILITY IN SECTION 15.1 ABOVE WILL APPLY WHETHER OR NOT myHealthbox, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
16.1 You will defend and indemnify myHealthbox and its affiliates, directors, officers, employees, strategic partners, licensors, and their suppliers (the "Indemnified Parties") against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
your use of the Service or the Content in breach of the Terms or applicable policies;
your myHealthbox API Implementation, including any claim that your myHealthbox API Implementation infringes a third party’s rights or violates applicable law; or
Your Content.
16.2 You will cooperate as fully as reasonably required in the defense of any allegation or third-party legal proceeding. myHealthbox reserves the right, at its own expense, to assume the exclusive control and defense of any indemnified matter under this Section 16.
It is myHealthbox’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act and, in the EU, the Copyright Directive the Rental Directive, the Copyright Duration Directive and the Database Directive) and to terminate the accounts of repeat offenders.
18.1 The Service may include hyperlinks to other websites or content or resources. myHealthbox has no control over any websites or resources that are provided by companies or persons other than myHealthbox. You understand and agree that myHealthbox is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on, or available from, such websites or resources.
18.2 You understand and agree that myHealthbox is not liable for any loss or damage that you may incur as a result of the availability of those external sites or resources, or as a result of any reliance by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.
19.1 Notices. myHealthbox may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
19.2 Assignment. myHealthbox may assign any part of this agreement without written consent.
19.3 No Waiver. myHealthbox will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms. A waiver will be effective only if myHealthbox expressly states in a writing signed by an authorized representative that myHealthbox is waiving a specified Term.
19.4 Third-Party Beneficiaries. myHealthbox’s affiliates and the Indemnified Parties are third-party beneficiaries to the Terms and are entitled to directly enforce, and rely on, any Terms that confer a right or benefit to them. There are no other third-party beneficiaries to the Terms.
19.5 Entire Agreement. These Terms set out all terms agreed between the parties and supersede all other agreements between the parties relating to its subject matter.
19.6 Severability. If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
19.7 Equitable Relief. You understand and agree that damages for improper use of the myHealthbox API(s) may be irreparable; therefore, myHealthbox is entitled to seek equitable relief, including injunctions in any jurisdiction, in addition to all other remedies it may have.
19.8 Conflicting Languages. If these Terms are translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.
19.9 Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR ANY RELATED myHealthbox SERVICES WILL BE GOVERNED BY ITALIAN LAW AND WILL BE LITIGATED EXCLUSIVELY IN THE COURTS OF MILANO, ITALY; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.