IMPORTANT! THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTHCARE-RELATED INFORMATION. THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE. THE SERVICE IS NOT INTENDED TO (AND DOES NOT) CREATE ANY PATIENT RELATIONSHIP BETWEEN ELLIEGRID AND YOU, NOR SHOULD IT BE CONSIDERED A REPLACEMENT FOR CONSULTATION WITH A HEALTH CARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE OR THE COMMUNICATIONS OR LACK OF COMMUNICATIONS YOU RECEIVE THROUGH THE SERVICE.
YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF CALENDARING AND SENDING PUSH NOTIFICATIONS, AND HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. YOU SHOULD NOT RELY ON THE SERVICE FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
THIS SERVICE IS A BETA TEST OF THE ELLIEGRID SERVICE. A Beta test means that you are using a trial version of the Service and that there may be bugs, defects and/or disruptions in the Services. ELLIEGRID IS NOT RESPONSIBLE FOR ANY MALFUNCTIONS, INTERRUPTIONS TO SERVICE, FAILURES OF THE SERVICE, BUGS, DEFECTS OR UNAVAILABILITY.
USE OF THE SERVICE
The Elliegrid Pillbox App allows you to access and use the Service through our mobile or web-based apps as we may offer from time to time (the “App”). It may be used with our Elliegrid pill box (“Pillbox”). The Pillbox is not intended to be a medical device and you should not treat it as such. Via the Services, we offer, among other things, a convenient way to set reminders for prescription medications (“Medications”) and nutritional supplements (“Supplements”), and, may in the future, offer a way to receive alerts about drug interactions or side effects based on the Medications and Supplements you enter into the system as described below. You must be at least 18 years of age in order to download and/or use the App and the Pillbox.
As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service; (iv) make the functionality of the App or the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
- These Terms are concluded between you and Elliegrid, and not with the App Provider, and that Elliegrid (not the App Provider), is solely responsible for the App.
- The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Elliegrid.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Elliegrid will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
- You must also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service, and that we may receive remuneration for placing such advertising.
Use The Elliegrid Service At Your Own Risk
Our goal is to provide reminders and helpful and accurate information through the Service, but we make no endorsement, representation or warranty of any kind that the reminders will work as intended or about any provided content, information, services or recommendations. The accuracy of the data collected and presented through the Service is not intended to match that of medical devices or scientific measurement devices.
The reminders are to be a back-up to instructed use of Medications by health care providers and instructions by manufacturers of Supplements or as directed by health care providers. YOU ARE RESPONSIBLE FOR FOLLOWING THE SPECIFIC INSTRUCTIONS OF YOUR HEALTH CARE PROVIDER.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Service. If you rely on any content provided through the Service or the Service, you do so solely at your own risk.
USE OF THE PILLBOX
Read the instructions that come with your Pillbox carefully. Pay special attention to the instructions about using the Service, proximity and syncing the Pillbox. The Pillbox is designed so that there is one Account per Pillbox. Pillbox comes with a rechargeable battery, so make sure to charge your Pillbox periodically.
The Pillbox does not lock. It is up to you to keep the Pillbox in a secure location away from pets, children, and unauthorized persons.
The Pillbox is not water-proof. Make sure to use the Pillbox so that it does not fall into sinks, bathtubs, pools and other locations where it might get submerged or wet.
The Pillbox may be sensitive to strong magnets or strong electronic fields. Accordingly, do no place near strong magnets or in strong electronic fields.
The Pillbox is not time-zone sensitive. If you change time zones, you must re-enter information and sync to the Pillbox. When traveling through security-screened areas (such as airports) it is a good idea to bring along the labels or evidence of prescription to show screening officials.
Be sure to effectively clean and sanitize the Pillbox to prevent contamination. To reduce the chances of contamination, follow four care tips: (1) Keep it clean; (2) keep it dry; (3) keep it out of direct sunlight or heat sources, and (4) discard the Pillbox if it has come in contact with toxic materials. For more information visit www.elliegrid.com. If you notice any irregularities in your health, stop using the Elliegrid Pillbox immediately and consult a doctor.
Consult Your Doctor Before Using The Elliegrid Service
The Elliegrid Service is not intended to diagnose, treat, cure, or prevent any disease. As we may provide content from time to time through the service, if you have a medical condition, consult your doctor before using the Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Service. If you engage in any exercise program you receive or learn about through the Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the Elliegrid Service should not replace your good judgment and common sense. Please read and comply with all safety notices that may be issued by Elliegrid from time to time in connection with the Pillbox or Service.
CREATING A ELLIEGRID ACCOUNT
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or that violates our Terms or if you have created more than one Account.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.
Our Service allows you and other users to input, store, share and otherwise make available certain information, text and/or other content (“Content”) to the App or to our third party social media providers and accounts (“TP Sites”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service or TP Sites, you grant us the right and license to use, modify, display, reproduce, sell and distribute such Content (as may be anonymized from time to time to protect Confidentiality) on and through the Service or TP Sites. You agree that this license includes the right for us to make your Content available to other users of the Service or the public, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit on or through the Service and you are responsible for protecting those rights. See the TP Sites for use and restrictions on Content posted, shared or distributed to the TP Sites.
You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content may not be completely removed (for example TP Sites) and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service or TP Sites.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service or TP Sites does not violate the rights of others.
We ask that you respect our Service and third parties when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
- submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; or
- harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service. You agree that we have the authority to direct a TP Site to remove Content pursuant to these Terms.
We also reserve the right to suspend or terminate your Account and your use of the Service at any time in future.
THIRD-PARTY CONTENT AND SERVICES
Via the Service, we may provide you with access to third-party content, such as information regarding interactions with Medications and Supplements, news articles, and other content as well as third-party services, such as calendaring and text messaging. ELLIEGRID HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT OR THIRD-PARTY SERVICES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. YOUR PERSONAL HEALTHCARE-RELATED SITUATION IS PERSONAL TO YOU, AND THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR PERSONAL SITUATION. AS STATED ABOVE, THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE, AND BEFORE MAKING ANY DECISIONS THAT MAY AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL.
Use of the Service and Pillbox requires use of the internet or network connectivity. Elliegrid is not liable for the network availability or lack there of and cannot guarantee there will not be service interruptions. Elliegrid is not responsible for the security of your internet connection or network. Third parties may attack or hack your connection or network and such attack may interfere with your use of the Service or the Pillbox. Elliegrid is not responsible for such unauthorized third party access.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account.
LINKS TO THIRD PARTY SITES
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including content provided by us or our third parties through our Service. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Elliegrid and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
If you breach any of the terms of these Terms, including but not limited to failing to pay for the right to use the Service, as we may charge from time to time, we have the right to suspend or disable your access to or use of the App and/or Service. You may cancel your use of the App and/or Service by contacting us at email@example.com.
We may delete your Content upon Termination. We intend that most information will be deleted thirty (30) days after Termination. We may retain certain Content or information on our servers or elsewhere after deletion of your account. If we delete your account or Content, we are not responsible for such loss of data. If you wish to obtain a copy of your data, you may contact us at firstname.lastname@example.org within ten (10) days of Termination to inquire about obtaining a copy of your data that you have inputted into the Service.
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We are not responsible if a third-party service provider’s service (such as calendaring or messaging) is disrupted or unavailable.
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USE OF THE APP AND SERVICE, IF YOU HAVE MADE ANY PAYMENTS TO ELLIEGRID OR $50, IF YOU HAVE NOT MADE ANY PAYMENTS TO ELLIEGRID, AS APPLICABLE. WE WILL NOT BE LIABLE TO YOU FOR ANY ALLEGED VIOLATIONS OF THE TEXAS DECEPTIVE PRACTICES ACT AND INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF CONSORTIUM, DAMAGES FROM EMOTIONAL DISTRESS, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Please speak to your attorney about this Disclaimer if you do not understand it or contact us at email@example.com with questions.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms are governed by the laws of the State of Texas, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. If we make any material changes to these Terms, we will notify you of such changes by posting them through the Service or by sending you an email or other notification or message (including push notifications and in-app news notices) and we will indicate when such changes will become effective. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.
QUESTIONS & CONTACT INFORMATION
Please contract us as firstname.lastname@example.org if you have any questions about our Terms.