TERMS OF SERVICE
Effective as of: October 1, 2015
We, Tinylogics Ltd (herein referred to as “Tinylogics”, "we" or "us"), provide our services (described below) to our users and visitors ("you" or "your") with our health management device (“Memo Box” or the “Device”), health management mobile device application (“Memo Health” or the "App"), our website(s) (the “Site”) and related services (collectively, such services, including any new features and applications, the "Service(s)" or “Service offerings”).
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED IN THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH US IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF YOU DOWNLOAD, USE OR ACCESS OUR APP OR WEBSITE, OR YOU CONNECT A DEVICE TO OUR APP OR YOU USE ANY OF OUR RELATED SERVICES. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS AND LIMITATIONS OF LIABILITY.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD, USE OR ACCESS ANY OF OUR DEVICE, APP, WEBSITE OR OUR RELATED SERVICES.
THE APPLICATION IS INTENDED AS A BACKUP PILL OR MEDICATION MANAGEMENT SYSTEM THAT YOU CAN PERSONALIZE FOR TAKING YOUR MEDICATIONS. YOU SHOULD NOT AND MUST NOT RELY ON THE APPLICATION AS YOUR PRIMARY TOOL FOR DETERMINING WHETHER AND WHEN TO TAKE MEDICATION. YOUR USE OF ANY ASPECT OF OUR SERVCE IS AT YOUR OWN RISK. YOU MUST CONSULT WITH HEALTHCARE PROVIDERS AND MAKE YOUR MEDICAL DECISIONS BASED ON THEIR ADVICE. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE SERVICES
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 YOU AND US, 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 RESULTS YOU RECEIVE THROUGH THE SERVICE.
IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE MAY RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF 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.
THE SERVICE MIGHT NOT FUNCTION AS INTENDED. SPECIFICALLY, THE SERVICE MAY NOT FUNCTION PROPERLY IF YOUR DEVICE IS BROKEN OR POWERED OFF, IF THE APP IS NOT ENABLED OR IF ANY HARDWARE OR SOFTWARE ON YOUR MOBILE PREVENTS THE SERVICE FROM OPERATING AS INTENDED. THE MAINTENANCE OF YOUR MOBILE AND COMPUTING DEVICES IS YOUR SOLE RESPONSIBILITY. YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICE.
Access and Use of the Service
Use of the Service requires a computing or a mobile device such as a smart phone or other hardware devices capable of Bluetooth and Internet connectivity and Internet or WiFi access that you have to acquire separately from third parties (hereafter collectively "Computer"). Your ability to use the Service may be affected by the capability and performance of your Computer. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You acknowledge and agree that meeting such system requirements and for your use of the Internet, any associated fees, charges or expenses, which may be changed from time to time, are your sole responsibility.
You are required to register with us in order to access certain aspects of the Service. If you choose to register for the Service, you are responsible for maintaining the confidentiality and security of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are responsible for activities that occur under your account. We will not be liable for any loss or damage arising out of the unauthorized use of your Account. We reserve the right to terminate, disable or not provide all normal features for a particular Account if we suspect or become aware of any unauthorized or unpermitted use of such Account or any part of the Service.
When you use your Device and the Service, you provide information about yourself in the registration process and you cause information relating to your medication adherence and other related data to be transmitted to your Computer and to us, to be processed and stored by us and its affiliated and unaffiliated service providers on our servers. If you do not wish to have your data processed by us in accordance with our policies, you must not use the Service.
Certain content and services available through the Service may include materials from third parties. In addition, we may provide links to certain third party web sites or services. We are not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. We do not warrant or endorse any third party web sites, services or content. We do not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that we have no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless us and our affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.
The Service contains proprietary information and material that is owned by us and/or our licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. we and our licensors reserve title, ownership and all rights and interests in the Service, except as expressly licensed in these Terms. You may not use the Service or any information and materials contained therein in any way whatsoever except for use of the Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software or Device, in any manner, nor shall you exploit the Service or the Software or Device in any unauthorized way whatsoever, including, but not limited to trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
Notwithstanding any other provision of these Terms, our licensors and we reserve the rights to change, suspend, remove or disable access to any content, features or other materials comprising a part of the Service at any time without notice. In no event will we be liable for the removal of or disabling of access to any such content, features or materials. We may also impose limits on the use of or access to certain features or portions of the Service, without notice or liability.
All Tinylogics logos and trademarks used in connection with the Service are trademarks or registered trademarks of Tinylogics. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. We do not grant you any right or license with respect to any trademarks.
The Service is operated from our offices in the United Kingdom and other locations. You agree to comply with all local, state, federal, and national laws, statutes, ordinances and regulations that apply to your use of the Service.
We reserve the right to take steps that we believe is reasonably necessary or appropriate to enforce and verify your compliance with these Terms.
These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the Service and closing your Account, provided that the Terms shall continue to govern any past use the Service and Account. We may update, suspend or terminate your use of the Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the Service. If you fail to comply with any of the provisions of these Terms, we, at our sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the Service or any part of it.
Product Orders and Delivery
Products ("Products") offered through our Site are offered for sale as part of the Services. We may accept your offer to purchase Products subject to these Terms of Service. At that time, we will capture payment on the payment instrument you provided and ship the applicable Products to you. We may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the Product you order. We reserve the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. In addition, Products may be made available for pre-order via the Services. If you place a pre-order for a Product, we will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase a Product at any time prior to shipment by contacting firstname.lastname@example.org. Sales of Products are subject to availability. Prices are subject to change without notice at any time but changes will not affect any order you have already placed. To purchase our Products, you may be required to provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You hereby authorize us to bill your payment instrument in accordance with these Terms of Service. You shall be responsible for all taxes associated with your purchase other than taxes based on our net income. The Products are intended for end users only, and are not authorized for resale. Title to products purchased from us passes to the purchaser at the time of delivery by us to the freight carrier, but we and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you. Prices do not include shipping costs. Our delivery charges are as quoted on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
Warranties and Liability Limitations
In these Terms, we do not extend any express warranties, representations or conditions. Your Device may have been accompanied by our warranty statement and it may be also covered by our one-year limited consumer warranty statement that is posted at www.tinylogics.com or available on request. If this is the case, you understand and agree that THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR DEVICE (I.E., WARRANTIES THAT WE DO NOT EXPRESSLY GRANT IN ANY WARRANTY STATEMENT) SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE APPLICABLE WARRANTY STATEMENT, IF AND TO THE MAXIMUM EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, SOFTWARE, AND DEVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND WE HEREBY DISCLAIM ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE AND OUR LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE, SOFTWARE OR THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SELLER WILL CREATE A WARRANTY OBLIGATION ON US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT THE SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND OUR CONTROL. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK. WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TINYLOGICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE, SOFTWARE OR DEVICE, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY OR POSSESSIONS, WHETHER OR NOT TINYLOGICS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TINYLOGICS OR ITS LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (USD $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY OF THE REMEDY PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Waiver and Indemnity
Copyright and other Infringements
You shall not upload any infringing, illegal or inappropriate content or data into the Service. If you believe that we or other users of the Service or a Device infringe any of your rights, you shall follow the dispute resolution provisions in these Terms. Dispute Resolution And Binding Arbitration Provision The terms "Tinylogics," "we," "us," and "our" refer to Tinylogics Ltd, including its subsidiaries and agents; the terms "you" and "your" refer to you as an individual as well as other individuals you allow to access or use the Service, and any legal entity you control, work for, or represent when you access or use the Service. The word "Products" means your access to and/or use of any of our Service, Device, materials, website, advertisement or promotion and any product, service, or software that you obtain from or through us. The word "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. If a dispute arises between you and us, you should first attempt to resolve it by contacting us or by sending the details of your complaint, including your contact information for a response, to the address or email below. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United Kingdom if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of these Terms as a court would. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Products was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and we waive any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law. This Arbitration Provision shall survive termination of your access to or use of any Products and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.
Changes to Terms of Service
The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to the terms and conditions described in these Terms. We reserve the right to update or modify the Terms of Services at any time and from time to time without prior notice. Please review this policy periodically. These Terms was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Terms of Services shall indicate your agreement with the terms of such revised Terms of Services.
Please feel free to contact us to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service. You may contact us as follows:
St John’s Innovation Centre
Cambridge, CB4 0WS