MEDISAFE APPLICATION – Terms and Conditions, updated July 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE APPLICATION, RELATED WEBSITE OR CONNECTED DEVICES.
Medisafe Project LTD, an Israeli limited company with its principal offices in Haifa, Israel (“Medisafe”) provides you with the MEDISAFE mobile device application (the “App”), related website (including the mobile-optimized versions of such website, the “Site”) under these Terms and Conditions (this "Agreement"). . If you are a resident of the United States, with respect to the App you are contracting with Medisafe Inc. a Delaware corporation with its principal offices in 745 Atlantic Ave, Boston, MA 02116.
The App and the Site are referred to together as the “Application,”
In addition, TimerCap LLC, a Delaware limited liability company with its principal offices in Moorpark, CA (“TimerCap”, together with Medisafe “we” or “us”) provides you with iCONNECT devices (including the iCap and iSort) under this Agreement. iConnect connected devices are referred to as the “Connected Devices.”
The integrated offering comprised of the Application and the Connected Device and any part thereof is referred to as the "Solution". While Medisafe and TimerCap are providing you with an integrated solution, each company is responsible only for its own product and will have no liability or obligation relating to the other party's offering. Please use the contact details below to contact the respective companies with any issues that you may have regarding their respective products.
As used in this Agreement, ‘you’ or ‘users’ refers to individuals using the Solution in connection with their own adherence activities as well as healthcare providers, “Medfriends” or others, who may use the Application to supervise or support other users. By using the Solution and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use the Solution.
Modifications of this Agreement
We reserve the right to update or modify this Agreement, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Solution after any such changes, you unconditionally agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.
Your use of any aspect of the Solution 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 Solution.
If you use and/or access the Solution on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, Medisafe shall not be responsible for the security of your data, including your Personal Information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SOLUTION. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SOLUTION. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE SOLUTION. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SOLUTION ARE TAKEN AT YOUR SOLE RISK AND WE WILL NOT ACCEPT ANY LIABILITY IN RESPECT THEREOF. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SOLUTION TO ENSURE ITS ACCURACY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOLUTIONIS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SOLUTION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SOLUTION IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SOLUTION; OR (II) THAT THE SOLUTION WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SOLUTION. WE DO NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE SOLUTION REGARDING MEDICATIONS OR OTHERWISE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. IF YOU CHOOSE TO RELY ON SUCH INFORMATION, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
IF YOU ARE A HEALTHCARE PROVIDER, YOU ACKNOWLDGE THAT THE SOLUTION IS A SUPPORTING TOOL AND IS NOT AN ALTERNATIVE FOR PERFORMING PROFESSIONAL DUTIES. HEALTH INFORMATION MUST BE INTEGRATED BY HEALTHCARE PROVIDERS INTO THE GENERAL CLINICAL RECORD FOR INDIVIDUALS UNDER THEIR SUPERVISION AND CORRELATED WITH OTHER CLINICAL DATA AS REQUIRED BY PROFESSIONAL STANDARDS IN CUSTOMER’S DISCIPLINE. USE OF DATA ACCESSED BY MEANS OF THE SOLUTION, AS WELL AS TREATMENT DECISIONS BASED ON SUCH INFORMATION ARE THE SOLE RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND NEITHER MEDISAFE NOR TIMERCAP ASSUME ANY LIABILITY IN RESPECT THEREOF.
Subject to the terms of this warranty, TimerCap warrants the Connected Devices against any material defects in workmanship that interfere with the normal operation of the Connected Devices when used in accordance with TimerCap’s user guide provided to you at purchase for a period of [one year] from the date of original retail purchase (the “Warranty Period”).
The warranty shall not apply in the event that the Connected Devices are (a) used other than in accordance with this Agreement, or the TimerCap user guide or other guidelines provided by TimerCap or otherwise misused (b) modified, repaired or serviced by any person or entity other than TimerCap; for the avoidance of doubt, the modification of any software embedded in the Connected Devices shall result in the immediate voiding of the warranty; (c) combined with or installed on/with operating systems, hardware or other non TimerCap and/or Medisafe equipment or software; (e) installed not in accordance with documentation or instructions of TimerCap; or (f) damaged by causes beyond the reasonable control of TimerCap, such as a fire, flood or earthquake.
The warranty does not apply to cosmetic damage or defects caused by normal wear and tear. The warranty extends only to you and does not extend to any other individual or entity. The warranty shall be voided if any serial number shall be removed or defaced. If you have any questions regarding the warranty, please contact us at Info@TimerCap.com. If you submit a valid claim during the Warranty Period, we may at our discretion repair the Connected Devices, replace them with a functionally equivalent device or refund your money. This Agreement sets forth the entire agreement applicable to the purchase and sale of Connected Devices, and no other terms shall be applicable. No reseller, representative, agent or employee of TimerCap is authorized to make any modification, extension or addition to this Agreement or the warranty herein.
At present, payment for the Connected Devices is by means of [PayPal or by credit card]. The Connected Devices may be purchased at present by contacting TimerCap or on the Medisafe iConnect PreSale Site.TimerCap reserves the right to add or change payment and purchase methods in its sole discretion. You must respect the terms and conditions of any payment methods you use. We reserve the right to cancel any order for Connected Devices if full payment is not timely received. You are solely responsible for any taxes on amounts you may pay or obtain through the Site or when purchasing the Connected Devices. TimerCap will deduct applicable charges and taxes from any payable amounts, as required by law. Shipping and delivery dates are estimates only. Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. TimerCap will allow for returns and refunds within fourteen days, in accordance with our return policy and as required by applicable law. Returns will only be allowed for Connected Devices that have not been used. If you have received a damaged Connected Devices, you may not use it before returning it to us. You must provide us with evidence of payment in order to receive a refund. In order to be provided with a refund, you must ship the Connected Devices to us, at your cost. A refund of the amounts paid for the Connected Devices, minus shipping and handling costs, will be made within thirty (30) business days. We will not deduct such shipping and handling costs if the Connected Devices was provided to you in a damaged state. Software included in the Connected Devices is not sold, but is only licensed to you pursuant to the terms and conditions in this Agreement.
Requirements for Use In order to use the services related to the Connected Devices you need to purchase and use a genuine Connected Device. In order to use the Solution, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Solution. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses.
Application and/or Connected Devices are Secondary Reminder Tools
The Solution is intended as a helpful backup reminder system that you can personalize for taking your medications. You should not and must not rely on the Solution as your primary tool for determining whether and when to take medication. As further described under “Technology; Support” below, the Solution might not function as intended. Specifically, the Solution will not function properly if your device is broken or powered off, if the Application software and/or Connected Devices are not enabled or if any hardware or software on your device prevents the Solution from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Solution, and the utility of any of its alerts or notifications, depends on information that you input into the Solution. You are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages. Persons using the Solution assume full responsibility for the use of the Solution and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the Solution.
No Medical Advice
Information, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials is made available from us or third parties, including other users, through the Solution (collectively “Content”). For example, the interface of the Application may provide you with names, pictures or descriptions of various medications. Other users may participate in forums and provide details of their personal health or medication experiences. We do no guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.
All Content is provided for informational purposes only. No Content, including that provided by other users of the Solution, is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The Solution does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. We do not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system with respect to any drug or product is not a recommendation or endorsement by us for such drug or product. While we may provide you with certain functionalities that may alert you regarding certain drug-drug interactions, there may be other interactions which are harmful and to which we do not alert you. Please consult with your health care provider with respect to any drug-drug interactions. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Solution is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any Content or other information provided by us, our employees, our users or third parties through your use of the Solution is solely at your own risk and we accept no liability therefor.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of any information you have received or obtained through the use of the Solution. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.
Adverse Events with Medical Products
If you have an unexpected or negative reaction (or “adverse event”) that may be related to the use of a medical product, it is important that you inform your doctor and also report it to the company that makes or sells the product so it can investigate the incident. The product should include the company’s phone number on the label. You can also report the problem to the United States Food and Drug Administration (FDA) at
or your local FDA.
Third-Party Websites and Materials
References or links within the Solution to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
You may register to use the Solution by providing your name and e-mail and other information requested in the registration form. If you are a healthcare provider, additional verification information will be requested. We may change the method of registration at our discretion. We might refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Solution, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.
Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Solution, and you agree to indemnify and hold us harmless for any improper or illegal use of the Solution, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com.
Termination of Account
We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, and the community ethos of our Solution or our business interests. In the event that we terminate your account, you may not register for the Application and/or Connected Devices again without our express permission. If you believe that any action has been taken against your account in error, please contact us at firstname.lastname@example.org.
In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Solution. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason by sending an e-mail to email@example.com. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
We do not warrant or guarantee that the Solution will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Solution. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Solution, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Solution, Content, including software, text, graphics, links, or communications provided on or through the use of Solution; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Solution.
We have no obligation to provide technical support or maintenance for the Solution. At any time and for any reason, without notice or liability, we may modify or discontinue the Solution or any part of it or impose limits on your use of or access to the Solution.
Although we take reasonable measures to keep the Solution free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Solution will be free of such contaminations.
If you submit any information to us through or related to the Solution or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
· you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its Content, its software and/or Connected Devices or any portion of any of the foregoing;
· you will not use the Application and/or Connected Devices for any purpose in violation of local, state, national or international laws;
· you will not solicit another person’s password or personal information under false pretenses;
· you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
· you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
· you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
· you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
· you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
· you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application and/or Connected Devices).
You agree not to interfere or attempt to interfere with the proper working of the Application Solution or to disrupt the operations or violate the security of the Solution. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Solution, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
· lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App and/or Connected Devices or the right to download or use the App and/or Connected Devices;
· use the Application and/or Connected Devices for any commercial purpose or for any commercial or non-commercial public display;
· copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or any part of the Solution, or attempt to do any of the foregoing;
· copy, modify or create derivative works of the Solution, Documentation, any Application and/or Connected Devices or Documentation updates or any part of the Application and/or Connected Devices, Documentation or updates;
· remove any copyright or other proprietary notices from the App, Documentation, part of the App or from the Site and/or Connected Devices;
· transfer the Content or materials from the App, Site and/or Connected Devices to anyone else or “mirror” the same on any server;
· circumvent, disable, or otherwise interfere with security-related features of the Solution or features that prevent or restrict use or copying of any content;
· use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Solution;
· harvest, collect or mine information about other users of the Solution;
· post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or
· violate any applicable law, rule or regulation.
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
Medisafe and its licensors own the Site, Documentation and App, including any material or Content made available through the Application, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. TimerCap and its licensors own the Connected Devices and related Documentation, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Solution. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Solution. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Application and/or Connected Devices infringes their rights under US copyright law. We accept no responsibility or liability for any material provided or posted by a user. If you believe that something appearing on the Application and/or Connected Devices infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. All notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to firstname.lastname@example.org
Except as authorized by U.S. and Israeli law and the laws of the jurisdiction in which the Application and/or Connected Devices were obtained or are used, you may not use, export or re-export the Application and/or Connected Devices. Specifically, and without limiting the foregoing, the Application and/or Connected Devices may not be exported or re-exported into any U.S. or Israel embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Application and/or Connected Devices for any purposes prohibited by U.S. or other applicable law.
Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOLUTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Solution. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Solution must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.
You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Solution; (c) your violation of any law or regulation; or (d) any other matter for which you are responsible under this Agreement or under law. You agree that your use of the Solution shall be in compliance with all applicable laws, regulations and guidelines.
This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Solution. If you violate this Agreement, our permission to you to use the Solution automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Solution, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Solution, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.
Choice of Law and Forum
This Agreement shall be governed in all respects under the laws of the State of Israel, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Solution, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Tel Aviv, Israel. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Solution that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.
All notices to you relating to this Agreement shall be posted on the Application or sent to you at the e-mail or physical address, if any, that you provided to us. If you reside in the United States, all notices to us relating to this Agreement shall be in writing and sent to the following:
ATTN: Medisafe Inc.
745 Atlantic Ave, 8th Floor
Boston, MA 02116
If you reside anywhere else in the world, all notices to us relating to this Agreement shall be in writing and sent to the following:
ATTN: Medisafe Project LTD
Building #25, MATAM, Haifa 31905, Israel
Questions or notices to us relating to iConnect products, including iCap and iSort, should be sent to the following:
ATTN: TimerCap, LLC
484 East Los Angeles Ave., #110
Moorpark, CA 93021
Notice shall be deemed given when notice is posted on the Application or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.
Last updated: July 2016