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Terms of Use

Last updated: March 21, 2025

Introduction

These Terms of Use ("Terms") govern your access to and use of the Mahalo Health platform, website, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations. By accessing or using the Services, you agree to comply with and be bound by these Terms.

Definitions

In these Terms, the following definitions apply:

  • "Mahalo Health" (or "we," "us," or "our") refers to Mahalo Digital Ventures Inc. and its affiliates.
  • "Services" refers to the Mahalo Health platform, website, and services, including all content, features, and functionality offered by Mahalo Health.
  • "User" (or "you" or "your") refers to any individual or entity that accesses or uses the Services.
  • "Content" refers to all text, graphics, images, music, software, audio, video, information, or other materials that are posted, generated, provided, or otherwise made available through the Services.

Eligibility

To access or use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding contract with Mahalo Health. If you are accessing or using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" or "your" will refer to that entity.

Account Registration

To access certain features of the Services, you may be required to register for an account. When you register for an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain and promptly update your account information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify Mahalo Health immediately of any unauthorized use of your account or any other breach of security. Mahalo Health will not be liable for any loss or damage arising from your failure to comply with this section.

Use of the Services

Subject to your compliance with these Terms, Mahalo Health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal or internal business purposes.

You agree not to:

  • Use the Services in any way that violates any applicable law or regulation;
  • Use the Services for any illegal or unauthorized purpose;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services;
  • Use any robot, spider, crawler, scraper, or other automated means to access the Services or collect content from the Services;
  • Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material to the Services;
  • Develop, support, or use software, devices, scripts, robots, or any other means or processes to scrape the Services or otherwise copy data from the Services;
  • Use the Services in any manner that could disable, overburden, damage, or impair the Services;
  • Use any device, software, or routine that interferes with the proper working of the Services;
  • Copy, modify, distribute, sell, or lease any part of the Services;
  • Reverse engineer, decompile, or disassemble any portion of the Services;
  • Remove any copyright, trademark, or other proprietary notices from the Services;
  • Use the Services to send unsolicited communications, promotions, or advertisements, or to spam, phish, or pharm others.

Content

The Services may allow you to post, upload, submit, store, send, or receive Content. You retain all rights in, and are solely responsible for, the Content you post to the Services.

By posting Content to the Services, you grant Mahalo Health a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed, for the purpose of providing and improving the Services.

You represent and warrant that:

  • You own or have the necessary rights to use and authorize Mahalo Health to use the Content as described in these Terms;
  • The Content does not violate or infringe upon the rights of any third party, including intellectual property rights, privacy rights, or rights of publicity;
  • The Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • The Content does not violate any applicable law or regulation.

Intellectual Property Rights

The Services and all Content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Mahalo Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any rights to use Mahalo Health's trademarks, logos, domain names, or other distinctive brand features without Mahalo Health's prior written consent.

Third-Party Services

The Services may contain links to third-party websites or services that are not owned or controlled by Mahalo Health. Mahalo Health has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Mahalo Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

Mahalo Health may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAHALO HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MAHALO HEALTH MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAHALO HEALTH MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.

Limitation of Liability

IN NO EVENT WILL MAHALO HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify, and hold harmless Mahalo Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Changes to Terms

Mahalo Health reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Contact Us

If you have any questions about these Terms, please contact us at:

Mahalo Health
Attn: Legal Department
123 Innovation Way
San Francisco, CA 94107
Email: legal@mahalo.health