FH Content excludes Personal Information and User Content
FH Content covers information, materials and intellectual property available through the services, including software, interfaces and multimedia. It expressly excludes Personal Information and User Content. This definition alone does not state ownership of all information you supply.
Supporting quotations
c. "FH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
Content & IP Rights · Context
User Content excludes personal and protected medical information
User Content includes material you create, modify, post, provide, upload, send or share through the services. It expressly excludes passwords, contact details, Personal Information and legally protected health or medical information, which the Terms say have separate Privacy Policy rules. That policy’s text is not supplied here, so those separate rules are not described.
Supporting quotations
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Content & IP Rights · Permission or license
The personal-use license is revocable and does not waive fees
Eligible users receive a limited, nonexclusive license for personal, noncommercial use under the Terms. It cannot be assigned, transferred, sublicensed or delegated. Function may suspend, limit or revoke it for any reason without warning. Paid services still require payment and may require purchase information.
Supporting quotations
If Eligible, You Are Granted a Limited License to Make Use of Our Services.
a. As long as you remain eligible, you are granted a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable, non-delegable, and fully revocable license to access and make use of our Services for personal, non-commercial use in accordance with these Terms. Function reserves the right to suspend, limit, or revoke this license, for any reason, with or without warning or notice, in our sole and absolute discretion.
i. You acknowledge and agree that this license, unto itself, does not grant you permission to use Services requiring payment without first remitting payment. You accept that, in order to receive certain Products and Services, you may be required to furnish Payment Information and remit payment, as directed by Function.
h. "Payment Information" refers to your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs.
Content & IP Rights · Permission or license
Limited personal copying and built-in sharing are allowed
You may download or print a reasonable volume of FH Content, and download a single copy of an offered app, for personal noncommercial use in compliance with the Terms and any app agreements. Social sharing is allowed only as enabled by Function’s features. Automatic browser caching and incidental temporary RAM copies are allowed. FH Content excludes Personal Information and User Content.
Supporting quotations
ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.
iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.
c. "FH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
Reverse engineering is barred except where that restriction is forbidden by law
The Terms prohibit deriving, reverse engineering, modifying, copying, mimicking or rebranding service features and showing FH Content out of context, except to the extent such a restriction is expressly forbidden by law. FH Content may not be used to develop programs or services leveraging the services.
Supporting quotations
e. Under no circumstances shall you make efforts to decompile, disassemble, reverse engineer, translate, render generically, modify, mimic, duplicate, or otherwise derive any aspect, feature, function, or detail concerning or relating to our Services, except to the extent that such a restriction is expressly forbidden by law; this clause includes, but is not limited to the modification, mimicking, duplication and/or rebranding any FH Content and/or any technology relating to our Services, as well as the display of FH Content separate from accompanying text or otherwise out of full context. You are not permitted to use the FH Content to develop any functions, programs, applications, technologies, or services that leverage the Services.
Content & IP Rights · Restriction or exception
Scraping and linking restrictions include a public-search-engine exception
The Terms restrict automated indexing and extraction, deep linking, framing, mirroring, hidden text using FH Content without written consent, removal of proprietary notices, DRM circumvention and security bypasses. Public search engines receive a limited, revocable, nonsublicensable right to crawl and link solely to build a legitimate public index of publicly facing site content. Separate express permissions allow reasonable personal copies, feature-enabled sharing and incidental caching; the broad copying language should be read with those limits.
Supporting quotations
f. You shall not make efforts to index, copy, extract, download, or otherwise copy or retrieve any of aspect of our Services, including without limitation the FH Content; this includes, without limitation, a prohibition on use of a spider, data miner, crawler, robot, or similar tool. You are not permitted to link or deep-link to our Site or any of our other Services. You may not utilize framing or mirroring techniques to enclose any item of FH Content (e.g., logo, name, text, images), and you are forbidden from using "hidden text" that references the FH Content without the prior express written consent of Function and/or our third-party licensor(s). You may not and shall not: (i) delete, alter, or remove any copyright designations or notices, trademark designations or notices, or other proprietary designations or notices; or (ii) circumvent any digital rights management systems in connection with our Services; (ii) disable, disarm, bypass, or hack around any of our security systems. Notwithstanding the foregoing, operators of public search engines are granted a limited, revocable, non-sublicensable right to use spiders and provide links in connection with the FH Content strictly to assist in the legitimate development of a public index that reflects content and information appearing in publicly-facing areas of our Site.
ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.
iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.
Content & IP Rights · Restriction or exception
Commercial exploitation requires prior express written consent
Services are for personal noncommercial use. Selling, renting, copying, modifying, licensing, publishing, distributing or otherwise exploiting them or FH Content requires prior express written consent from Function or the relevant licensor, subject to the Terms’ express limited personal-copying permissions.
Supporting quotations
g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of FH Content, without the prior express written consent of Function and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.
ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.
iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.
Content & IP Rights · Company practice
Content may be removed without notice, but prior review is not guaranteed
Function does not guarantee reviewing user or third-party content before publication or responding to content problems and disclaims responsibility and an obligation to control it. It reserves the right to delete any content at any time for any reason without notice, cause or consent. These moderation terms do not change the definition excluding personal and protected medical information from User Content.
Supporting quotations
k. FUNCTION DOES NOT GUARANTEE THAT WE WILL AUDIT, ANALYZE, OR REVIEW USER CONTENT OR OTHER THIRD-PARTY CONTENT BEFORE IT GOES LIVE. NEITHER FUNCTION, NOR OUR AFFILIATES IS IN ANY WAY RESPONSIBLE FOR WHAT IS PUBLISHED AS USER CONTENT OR OTHER THIRD-PARTY CONTENT IN CONNECTION WITH OUR SERVICES, AND WE ARE UNDER NO OBLIGATION TO EDIT OR CONTROL USER CONTENT OR OTHER THIRD-PARTY CONTENT. WHILE WE LIKE TO MAKE EFFORTS TO HELP OUR USERS, WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING RESPONDING TO USER CONTENT ISSUES, THIRD PARTY CONTENT ISSUES, OR OTHER ISSUES ARISING OUT OF, OR RELATING TO OUR SERVICES; IT IS POSSIBLE THAT YOUR ISSUE MAY GO UNADDRESSED. THAT SAID, WE RESERVE THE RIGHT TO DELETE ANY USER CONTENT OR ANY OTHER CONTENT AT ANY TIME FOR ANY REASON WITHOUT NOTICE, CAUSE, OR CONSENT.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Content & IP Rights · Procedure
Copyright complaints require specific written evidence and sworn statements
The DMCA section asks for a physical or electronic owner/agent signature, description of copyrighted work and alleged infringement, precise location, contact details, good-faith belief that use is unauthorized and an accuracy/authority statement under penalty of perjury. It directs notice to an address “listed below,” but no dedicated copyright-agent address appears in this supplied section; the nearby general legal address should not be silently represented as a verified DMCA designation.
Supporting quotations
Digital Millennium Copyright Act (17 U.S.C. §512).
a. If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Function by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
Content & IP Rights · Procedure
Counter-notices require a good-faith statement and consent to court jurisdiction
For an allegedly improper infringement claim, the Terms request a signature, work description, former material location, contact details and the prescribed sworn statement of good-faith mistake or misidentification. It includes consent to federal district court where you live, or Southern District of Texas for foreign residents, and acceptance of service from the original complainant or agent. The section’s referenced dedicated delivery address is not supplied here; this card does not invent one.
Supporting quotations
b. If you believe you are the subject of an improper infringement claim, please notify Function by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) the following statement: "I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake. All of the factual information I have provided in connection with this document is true and correct. I consent to the jurisdiction of the District Court in the United States judicial district in which I live -- or, to the extent I reside outside the United States, in the Southern District of Texas -- and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Function Health, Inc. All attestations herein are given under penalty of perjury."
Not stated here
For an allegedly improper infringement claim, the Terms request a signature, work description, former material location, contact details and the prescribed sworn statement of good-faith mistake or misidentification. It includes consent to federal district court where you live, or Southern District of Texas for foreign residents, and acceptance of service from the original complainant or agent. The section’s referenced dedicated delivery address is not supplied here; this card does not invent one.
Content & IP Rights · Permission or license
Referral participants receive a narrow exception to brand-use restrictions
During program participation, Function grants a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to its supplied Function Health name, logo and slogan solely for compliant code sharing, subject to brand/use guidelines. The provision expressly overrides contrary general Terms; other rights remain reserved. Separate branding guidelines are not supplied here.
Supporting quotations
f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.
Not stated here
During program participation, Function grants a limited, revocable, nonexclusive, nontransferable and nonsublicensable license to its supplied Function Health name, logo and slogan solely for compliant code sharing, subject to brand/use guidelines. The provision expressly overrides contrary general Terms; other rights remain reserved. Separate branding guidelines are not supplied here.
Each app download agreement licenses personal use on one device
The mobile-app license is limited, revocable, nonexclusive, nontransferable and nonsublicensable for personal service access. Each agreement permits installation on one mobile device. Installing on another device is allowed if you also agree to the Terms for that installation.
Supporting quotations
d. Subject to these Terms, Function hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms. Each instance of the Terms that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Content & IP Rights · Restriction or exception
Apple-app use must follow Apple’s usage rules on a device you own or control
For Apple-enabled apps, the agreement is between you and Function, and Function rather than Apple is responsible for the app and content. The nontransferable license is limited to an iOS product you own or control and must comply with Apple Media Services usage rules and terms. Apple has no maintenance or support obligation. Apple’s separate terms are not supplied here, so their detailed rules are not analyzed.
Supporting quotations
(i) Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Function and you acknowledge that these Terms are concluded between Function and you only, and not with Apple Inc. (“Apple”), and that as between Function and Apple, Function, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Not stated here
For Apple-enabled apps, the agreement is between you and Function, and Function rather than Apple is responsible for the app and content. The nontransferable license is limited to an iOS product you own or control and must comply with Apple Media Services usage rules and terms. Apple has no maintenance or support obligation. Apple’s separate terms are not supplied here, so their detailed rules are not analyzed.
Content & IP Rights · Restriction or exception
Broad copying and commercial-use restrictions coexist with express personal-use permissions
The Terms generally require prior written consent for copying, modifying, distributing or commercially exploiting services or FH Content. Express exceptions permit reasonable personal noncommercial downloads/printing, app copies, feature-enabled sharing and incidental caching. A compliant referral participant also receives a narrow, revocable license to Function-supplied name, logo and slogan for code sharing, subject to program and branding rules. FH Content excludes Personal Information and User Content; none of these permissions transfers ownership.
Supporting quotations
a. You covenant that you shall not sell, rent, lease, barter, recreate, reproduce, copy, modify, create derivative works from, license, sublicense, distribute, publish, republish, perform, transmit, transfer, display, distribute, exhibit, exploit, and/or make commercial use of our Services, or any aspect thereof (including without limitation the FH Content), without the prior express written consent of Function and/or our applicable third party licensor and/or provider; you acknowledge that you are strictly forbidden from doing any of the foregoing and represent that you have not done any of the foregoing up to this point in time.
g. During the course of using our Services, you shall not sell, resell, rent, lease, barter, recreate or reproduce, duplicate, copy, modify, create derivative works from, license, sublicense, distribute, publish, perform, transmit, transfer, display, distribute, exhibit, exploit, or otherwise make commercial use of any aspect of our Services, including without limitation any item or aspect of FH Content, without the prior express written consent of Function and/or our applicable third-party licensor. The Services are solely for your personal, non-commercial use.
ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.
iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.
c. "FH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.
Content & IP Rights · Restriction or exception
Services, products and related results may not be resold or exported
You promise not to directly or indirectly resell or export any aspect of the services or products, including access to lab and telemedicine services, Lab Results, personalized materials and FH Content, and represent that you have not already done so.
Supporting quotations
b. You covenant that you shall not directly or indirectly resell or export any aspect of our Services or any of our Products — including without limitation our facilitation of access to third-party laboratory and telemedicine services, any Lab Results, and any personalized materials, and any FH Content resulting therefrom and/or relating thereto — and you represent that you have not done any of the foregoing up to this point in time.
Content & IP Rights · Permission or license
Function receives a continuing license to User Content and Usage Data
You grant a nonexclusive, worldwide, royalty-free, fully paid, transferable, multilayer-sublicensable, perpetual and irrevocable license to use User Content and Usage Data to operate services. Subject to the Privacy Policy, it also covers improvement, new offerings, development, de-identification and marketing, in any medium, except uses prohibited by applicable HIPAA or other law. User Content expressly excludes passwords, contact details, Personal Information and protected medical information. The separate Privacy Policy is not supplied here; its additional conditions are not established.
Supporting quotations
h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Function a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Function offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Function does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Function shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.
You hereby authorize Function and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Not stated here
You grant a nonexclusive, worldwide, royalty-free, fully paid, transferable, multilayer-sublicensable, perpetual and irrevocable license to use User Content and Usage Data to operate services. Subject to the Privacy Policy, it also covers improvement, new offerings, development, de-identification and marketing, in any medium, except uses prohibited by applicable HIPAA or other law. User Content expressly excludes passwords, contact details, Personal Information and protected medical information. The separate Privacy Policy is not supplied here; its additional conditions are not established.
Content & IP Rights · Restriction or exception
You warrant rights to User Content and bear its risks
You warrant ownership of the rights in User Content, including copyright and publicity rights, and that Function’s authorized use will not violate others’ privacy, publicity or intellectual-property rights. The Terms make you responsible for that content and disclaim Function’s liability for associated losses. This applies to defined User Content, which excludes the separately defined personal and medical categories.
Supporting quotations
h. You represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You hereby grant Function a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, irrevocable license to copy, display, share, perform, distribute, store, modify and otherwise use your User Content, and any Usage Data (as defined below), in connection with (a) the operation and provision of the Services, and (b) subject to the Privacy Policy, (i) the improvement or enhancement of the Service, and the development and provision of new products, services and offerings, and for other development and corrective purposes in connection with the Service and other Function offerings, products or services, (ii) to create aggregated or other de-identified data, and (iii) the marketing or promotion of any of the foregoing, in each case in any form, medium or technology now known or later developed, except to the extent that any use would be prohibited by HIPAA (as applicable) or other applicable Law. You represent and warrant that any authorized use of your User Content by Function does and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, and intellectual property rights. You and you alone are responsible for your User Content. Any User Content that you provide to us is at your own risk of Losses. Function shall not be responsible or liable for any Losses arising out of and/or relating to your User Content.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Content & IP Rights · Restriction or exception
Function and licensors retain FH Content and brand rights
Function and licensors/providers retain FH Content and related intellectual-property rights, to the fullest extent law permits; no title transfers and ungranted rights are reserved. Broad no-license wording coexists with express limited personal-use, copying, app and caching permissions and the referral program’s narrow revocable brand-use license. FH Content excludes Personal Information and User Content. These limited permissions do not convey ownership.
Supporting quotations
d. To the fullest extent permitted under law, all FH Content—and all copyright, trademark rights, service mark rights, patent rights, and other intellectual property rights and proprietary rights arising out of, relating to, and/or appearing in connection with the FH Content—are owned by us and/or one of our third-party licensors or other providers and are protected by the intellectual property laws of the United States and other countries. You acknowledge and agree that all names, logos, brands trademarks, service marks, slogans, copyright, and designs, and all rights thereto, arising out of, relating to, and/or appearing in connection with the FH Content belong exclusively to Function and/or one of our third-party licensors or other providers, irrespective of the presence of any legal designation or lack thereof, and are subject to protection from misappropriation, misuse, blurring, tarnishing, dilution, impersonation, or other unauthorized exploitation under United States law and international law; this includes, without limitation, our trademarks, service marks, and/or logos for "Function," "Function Health," and "Health Portfolio." You acknowledge and agree that: (i) nothing in these Terms, express or implied, grants you any right or license to make use of any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other FH Content arising out of, relating to, and/or appearing in connection with our Services; and (ii) these Terms expressly forbid your use any names, logos, trademarks, service marks, slogans, designs, patents, copyright, or other FH Content arising out of, relating to, and/or appearing in connection with our Services without our prior express written consent and/or the prior express written consent of the third-party who owns and/or has the applicable rights to such intellectual property.
e. To the fullest extent permitted under law, Function reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the FH Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Function, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.
c. "FH Content" refers to any and all data, information, content, material, and other intellectual property available through our Services in various formats—including but not limited to as code, data, text, images, multimedia content, designs, graphics, illustrations, photographs, banners, messages, videos, visual interfaces, features, functionalities, software applications and, but specifically excluding Personal Information and User Content.
ii. You are permitted to download and/or print a reasonable volume of FH Content for your personal, non-commercial use in compliance with the Terms. You are also permitted to download a single copy of any applications that we make available for your download, provided such download is for your personal, non-commercial use in compliance with the Terms and any additional agreements required for you to download, access, and/or use such an application. To the extent our features enable you to share FH Content via social media, you are permitted to share FH Content strictly as enabled by those features.
iii. You are permitted to store files that are automatically cached by your web browser. You are also permitted to temporarily store copies of FH Content in RAM, insofar as such storage is incident to your access and/or use of such FH Content.
f. License. Notwithstanding any provision to the contrary in these Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license during the term of your participation in the Referral Program, to use Function’s “Function Health” name, logo, and slogan provided by us, strictly for use in connection with sharing your Code for purposes of generating referrals in compliance with the Referral Program Terms, and in each instance, subject to our branding and use guidelines. All rights not specifically granted to you under the Referral Program Terms are reserved by Function.
Content & IP Rights · Restriction or exception
Providing samples or information gives no research ownership or payment right
Providing Samples or Personal Information does not grant title or an interest in research by Function, affiliates, licensors or providers, or related offerings, nor a right to royalties or compensation merely for providing it. This clause allocates rights; it does not by itself establish that any particular research is performed.
Supporting quotations
e. To the fullest extent permitted under law, Function reserves any and all rights and interests not expressly granted by these Terms. You acknowledge and agree that: (i) no right, title, or interest in and to the FH Content is transferred to you; and (ii) your provision of a Sample or any Personal Information does not afford you any right, title, or interest in and to any research by Function, our Affiliates, our licensors, and/or our third-party providers or any related Services, Products, documents, data, information, materials, or offerings; you acknowledge and accept that you shall not receive any financial benefits, such as royalties or compensation, by virtue of your provision of the same.
Content & IP Rights · Permission or license
Public User Content carries a broad perpetual commercial-use license
Subject to these Terms and the Privacy Policy, publicly disclosed, generated or submitted User Content carries a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, transferable and sublicensable license to Function. The grant includes adapting, selling, distributing, promoting and making derivative or commercial uses in current or future media. User Content excludes the defined personal and protected medical categories. The separate Privacy Policy is not supplied here, so its additional limits are not described.
Supporting quotations
f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Function a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. Likewise, subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you agree that Function may, in our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your User Content throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights—including, but not limited to, the rights of attribution—in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Function reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.
Not stated here
Subject to these Terms and the Privacy Policy, publicly disclosed, generated or submitted User Content carries a worldwide, perpetual, irrevocable, nonexclusive, royalty-free, transferable and sublicensable license to Function. The grant includes adapting, selling, distributing, promoting and making derivative or commercial uses in current or future media. User Content excludes the defined personal and protected medical categories. The separate Privacy Policy is not supplied here, so its additional limits are not described.
Content & IP Rights · Restriction or exception
The Terms require a moral-rights waiver while allowing optional attribution
The public-content provision includes a waiver of moral rights, including attribution, in content, data and information arising from service use. Function may nevertheless attribute User Content at its discretion. You represent authority to grant the licenses and waive those rights; the provision is subject to the Terms and Privacy Policy, which is not supplied here.
Supporting quotations
f. Subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you hereby grant Function a perpetual, irrevocable, non-exclusive, royalty-free, fully sub-licensable, fully transferrable worldwide right and license to exercise any and all rights you may have as to any User Content you disclose, generate and/or submit publicly arising out of and/or relating to your use of our Services. Likewise, subject to the conditions set forth in these Terms (including but not limited to our Privacy Policy), you agree that Function may, in our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your User Content throughout the world in any media in any manner, fashion and/or context we wish. You further agree that you waive any moral rights—including, but not limited to, the rights of attribution—in connection with any content and any data and information arising out of and/or relating to your use of our Services; provided, Function reserves the right to attribute your User Content to you in our sole discretion, at any time, for any reason. Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to our Terms.
Not stated here
The public-content provision includes a waiver of moral rights, including attribution, in content, data and information arising from service use. Function may nevertheless attribute User Content at its discretion. You represent authority to grant the licenses and waive those rights; the provision is subject to the Terms and Privacy Policy, which is not supplied here.
Content & IP Rights · Context
Suggestions and complaints are treated as User Content
Ideas, recommendations, complaints and other submissions are subject to the User Content licenses and waivers. The Terms acknowledge some submissions lack intellectual-property protection and that Function may already be developing substantially similar work. The defined User Content exclusions still apply; feedback is not a basis to reclassify protected medical information.
Supporting quotations
g. You acknowledge and agree that any suggestions, ideas, recommendations, complaints, feedback, and other submissions ("Submissions") you provide to Function shall constitute User Content for the purposes of this Agreement, and shall accordingly be subject to all licenses, waivers, and other terms applicable to User Content hereunder. You recognize that not all User Content (including without limitation Submissions) is subject to protection under the applicable intellectual property laws. You acknowledge that Function may already be in the process of creating, developing, finalizing, and/or commercializing products, services, content, or other materials that overlap with or are substantially similar to one or more Submissions at the time you submit such Submission(s).
n. "User Content" refers to any text, photos, graphics, images, video, audio, multimedia, and other materials you create, modify, post, provide, upload, send, and/or share in connection with our Services. User Content specifically does not include any user passwords, contact information, Personal Information, or "protected health information" or "medical information" that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law—those items are subject to their own rules, as explained in our Privacy Policy—in public-facing text, photo(s), graphics, image(s) and/or other materials.