The use of this mobile application and the services it provides (hereinafter referred to as “App”), any physical devices associated with the application (hereinafter referred to as “Devices”), and any associated website provided by Mediminder Inc (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all services, features, aspects, and pages of the App, Devices, and Website (hereinafter referred to collectively as "Services").
2) ASSENT & ACCEPTANCE
By using the App, Devices, or Website you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please discontinue use of the App, Devices, and Website immediately. We only agree to provide the use of our Services to you if you assent to this Agreement.
3) ALERTS AND NOTIFICATION
As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App ("Push Messages"). You have control over the Push Messages settings and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third-party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
4) DOWNLOADING OUR APP
1. When you download our App from the Apple App Store, Google Play, or another app store or app distribution platform (an "App Store"), you acknowledge and agree that: 2. These Terms are concluded between us, and not with the App Store or Google Play, and we (not the App Store), are solely responsible for our App. 3. The App Store has no obligation to furnish any maintenance and support services with respect to our App or handle any warranty claims. 4. The App Store is not responsible for addressing any claims you have relating to our App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our App fails to conform to any applicable legal or regulatory requirement. 5. The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you (as it relates to your license of our App through their App Store). You must also comply with the App Store's terms of service when using our App.
5) GENERAL CONDITIONS
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us. ● We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication. ● The App, Devices, and Website are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Services.
6) LICENSE TO USE APP, DEVICES, and WEBSITE
We may provide you with certain information as a result of your use of the App/Devices/Website and associated Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the App/Devices/Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the App/Devices/Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the App/Devices/Website
7) USER CONTENT RESPONSIBILITY
8) INTELLECTUAL PROPERTY
You agree that the App/Devices/Website and all Services provided by us are the property of Mediminder Inc including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, titles, and interests in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us. ● To make the App/Devices/Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website/App ("Your Content"). We claim no further proprietary rights in your Content. ● If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
9) USER OBLIGATIONS
As a user of the App/Devices/Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App/Devices/Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the App/Devices/Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
10) ACCEPTABLE USE
You agree not to use the App/Devices/Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App/Devices/Website or Services in any way that could damage the App/Devices/Website Services, or general business of Mediminder Inc. You further agree not to use the App/Devices/Website or Services: ● To harass, abuse, or threaten others or otherwise violate any person's legal rights; ● To violate any of our intellectual property rights or any third party; ● To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; ● To perpetrate any fraud; ● To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
● To publish or distribute any obscene or defamatory material; ● To publish or distribute any material that incites violence, hate, or discrimination towards any group; ● To unlawfully gather information about others.
11) ASSUMPTION OF RISK
The Website/App and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website/App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the products on the Website/App is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website/App.
12) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions: a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the App/Devices/Website or Services; b) Violate the security of the App/Devices/Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network; c) Use the Services to track the location of, or collect any personally identifiable information from, any other person without their express permission; Intercept or "sniff" the communication packets between the Mediminder hardware and mobile devices or attempt to reverse engineer the Mediminder Bluetooth Low Energy profile or Mediminder protocol.
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the App/Devices/Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
14) EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Mediminder Inc App/Devices/Website including loss of data or information or any kind of financial or physical loss or damage. In no event shall Mediminder Inc, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
15) SPAM POLICY
You are strictly prohibited from using the App/Devices/Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites/Apps or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to or from Our Website/App.
17) MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website/App and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
18) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this App/Devices/Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App/Devices/Website.
19) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website/App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website/App may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
20) TERM, TERMINATION & SUSPENSION
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
21) NO WARRANTIES
You agree that your use of the App/Devices/Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the App/Devices/Website or Services will meet your needs or that the App/Devices/Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App/Devices/Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the App/Devices/Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
22) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the App/Devices/Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS
1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. The Courts of the State of California shall have exclusive jurisdiction over any dispute arising from the use of the App/Devices/Website. 2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of Mediminder Inc will bind and inure to any assignees, administrators, successors, and executors. 3. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force. 4. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part. 5. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement. 6. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties. 7. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e. COVID-19! 8. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the website/App or email us firstname.lastname@example.org Mediminder Inc epireminder.com Delaware USA