TERMS OF USE.

Please read these Terms of Use carefully (“Terms”). These Terms provided by SharkDreams, Inc. (“SharkDreams”) govern and apply to your access and use of SharkDreams’ services (collectively, the “Service”). By accessing or using our Service, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.

THE SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU AND YOUR HEALTHCARE PROVIDER 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 NOR DOES IT CREATE ANY PATIENT RELATIONSHIP BETWEEN SHARKDREAMS 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 RESULTS YOU RECEIVE THROUGH THE SERVICE.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT IN PROVIDING THE SERVICE WE RELY ON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING PUSH NOTIFICATIONS, DATA COLLECTION AND OTHER MISCELLANEOUS SERVICES. WE HEREBY DISCLAIM ANY LIABILITY WITH RESPECT TO THE SERVICES PROVIDED BY SUCH PROVIDERS. THE SERVICE AND THE LIVIT DEVICE ARE NOT INTENDED TO AID IN EMERGENCY SITUATIONS. YOU SHOULD CALL 911 FOR ANY LIFE-THREATENING CONDITION OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.

USE OF THE SERVICE

The LIVIT device and App allows you to access and use the Service through our mobile and web-based apps and our site (each an “App”). The LIVIT device is not intended to be a medical device. Via the Services, we offer, among other things, a convenient way for your healthcare provider to monitor your compliance with your specific prescription plan, to receive automatic reminders to take prescription medications, and to track your usage of prescription medications. You may also receive alerts about drug interactions, side effects and recalls based on the medications for which you use LIVIT and the Service. You must be at least 18 years of age in order to download and/or use the App.

As long as you comply with these Terms, you may download and install a copy of the App on your mobile device, and you may 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.

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.

We collect personal information directly from you, for instance when you register with us, and through your transactions with us. We also use common technologies, such as cookies and beacons, in our App to collect information about you.

We collect:

  • Your name
  • Your date of birth
  • Your user id and password
  • Your email address and phone number
  • Your location (through geolocation technology)
  • Personal Health Information, including the following:

    • Your doctor’s name and contact information
    • Prescription medication information related to the medications for which you utilize the LIVIT smart pill bottle
    • Pill consumption, including dosage and time of consumption
    • Notes regarding your prescription (provided by you and/or your doctor or pharmacist)

For more information about the information we collect, including more information about what we mean by the terms above, click here.

Use The Service At Your Own Risk

Your use of the App is at your sole discretion and risk. We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Service, the LIVIT device, and/or an App. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Service; or (ii) that the Service and/or App will be error-free or that any errors will be corrected.

We are not responsible for:

incorrect or inaccurate transcription of information; problems related to any of the equipment or software associated with the Service or App or used by you; human error outside our reasonable control; any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or problems relating to inability to access an App or the Service.

We disclaim all liability for any technical failures or errors of, on, or connected to the Service and/or App. We will use reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them.

The Service and App, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND APP, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

No advice or information, whether oral or written, obtained by you from SharkDreams, will create any warranty not expressly stated in this Agreement.

Consult Your Doctor Before and While Using The Service

The Service is intended to be used in conjunction with a prescription plan provided to you by a licensed healthcare provider and is not intended to be used as a consumer product. The Service, App and LIVIT device cannot diagnose, treat, cure, or prevent any disease. If you experience a medical emergency, consult with a medical professional immediately.

Each LIVIT device is intended to be used only for one prescription. When you have completed your prescription program, the LIVIT device should be discarded. DO NOT REUSE THE LIVIT DEVICE FOR MEDICATION REFILLS OR FOR OTHER MEDICATIONS FOR WHICH IT WAS NOT PRESCRIBED.

Use Common Sense

Use of the Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your SharkDreams product or service, including instructions provided by your healthcare provider.

THIRD-PARTY CONTENT

Via the Service, we may provide you with access to third-party content, such as information regarding interactions with medications, news articles, and other content. SHARKDREAMS HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY SUCH THIRD PARTY-CONTENT. 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.

UNAUTHORIZED ACTIVITIES

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.

INDEMNITY

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 violates any applicable law or regulation, or the rights of any third party.

TERMINATION

If you breach any of the terms of these Terms, 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 deleting your account and discarding the LIVIT device.

LIMITATION OF LIABILITY

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO $10. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, 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.

EXCLUSIONS

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.

GENERAL

These Terms are governed by the laws of the State of North Carolina, without regard to any conflict of laws rules or principles. By using the Service, App or LIVIT device, you consent to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina. 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 on our website (www.mylivit.com) 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 email us at contact@mylivit.com if you have any questions about our Terms.