PILLO HEALTH TERMS OF SERVICE

1. Introduction
Welcome to Pillo Health!

Welcome to Pillo Health!
The services offered on our website, www.pillohealth.com (the “Site”), on the Pillo mobile application (the “App”) and through the Pillo device (the “Device”) (collectively the “Service”) are owned and operated by Pillo, Inc. (“Pillo”, “we”, “us”, “our”, or the “Company”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (the “Policy”) carefully, as you are agreeing to be bound by both documents by using our Service.

These Terms apply to all Users of the Service, including all visitors, browsers, vendors, advertisers, and/or contributors of content (“Users”). If you do not agree with any part of these Terms, you must not use the Service. Your continued use of the Service will constitute your acceptance of these Terms. Any new features or tools which are added to the current Service shall also be subject to these Terms. You can review the most recent version of these Terms at any time here. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY BINDING YOURSELF TO THESE TERMS AND USING OUR SERVICES HEREUNDER, YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING CLAIMS OUTSIDE OF ARBITRATION, CLAIMS FOR NON-INDIVIDUALIZED RELIEF (INCLUDING PARTICIPATING IN A CLASS ACTION) AND TO TRIAL BY JURY.

2. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

• You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over these Terms, us, and you. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.

• You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.

• You must not sign up or use the Services on behalf of a natural person or entity other than yourself or someone in your immediate household and for whom you have all necessary permissions, authorizations and consents to enter into these Terns on such person’s behalf.

• You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.

3. Rules of Use

All of the content in the Service is made available only for your personal, lawful use. Use of the Service by a competitor company or other non-consumer third party (aside from those persons you have authorized to use the Services through your account) is prohibited.
You may not use our Service for any unlawful purpose and agree that it is solely your responsibility to ensure that the use of the Service is lawful in the jurisdiction in which you are located and that you have all necessary permissions, authorizations and consents necessary for all persons who will interact with the Service through your account. In addition to other prohibitions as set forth in the Terms, you must not:

• Use the Service to solicit others to perform or participate in any unlawful acts.

• Use the Service to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

• Use the Service to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

• Use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, bully, or discriminate, or threaten any of the above, based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or to use hateful speech against any other person or User for any reason.

• Use the Service to submit false or misleading information.

• Use the Service to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.

• Use the Service to collect, track, and/or publish the personal information of others.

• Use the Service to spam, phish, pharm, pretext, spider, crawl, or scrape.

• Use the Service for any obscene or immoral purpose.

• Use the Service to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate or suspend your use of the Service for any reason at any time.

4. Modifications to the Services

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) in its entirety as well as with regard to any individual User without notice at any time. We the right to reclaim and repurpose any username or URL on the Service.
We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

5. Account Creation

In order to access certain features of the Service, you must become a User by creating an account (“User Account”). You agree, for yourself and all persons who will use the Services through your account, to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You, and each person who will use the Services through you account, should not reveal your username or password to any other person. We will never ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify us and our employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper (including, without limitation, in breach of these terms) or illegal use of any of your User Account. This includes illegal or improper use by someone to whom you have given permission to use your User Account or whom you have negligently allowed to access your User Account.
You may only possess one (1) User Account.

6. Your Personal Information
Your submission of personal information through the Service is governed by our Privacy Policy.

7. License Restrictions

You agree that by using our Service, you are receiving a limited, non-exclusive, revocable, non-transferrable, non-sublicenseable license to access, download, and use the Service in compliance with these Terms, applicable laws, and any additional terms located within our Service which are hereby incorporated into these Terms by reference. This license may be used by you only, and you are solely responsible and liable, and agree to indemnify us to the fullest extent, including attorneys’ fees and court costs, for any legal action or dispute that arises from the use of your license not in accordance with these Terms. You must not attempt to reverse engineer, redistribute, resell, or otherwise copy or manipulate our Service.
We may revoke our license to you at any time for any reason without notice or explanation, and we shall not, in any event, be liable to you for any losses suffered as a result of any unanticipated cancellation of our Service. We will generally attempt to notify you prior to cancelling your access to our Service unless you have breached these Terms or any applicable law, though we are not obligated to do so.

8. Third-Party Services

At times, the Service may allow you to connect to or communicate with other apps, websites, or services owned, operated, or controlled by third-parties, including those linked to by other Users (“Third-Party Services”). Links to Third-Party Services are offered strictly for informational and convenience purposes and should not be construed as referrals or endorsements by us of the Third-Party Services. The Third-Party Services are developed and maintained by the respective third parties and are governed by their own terms of service and privacy policies. You should read the privacy policies and terms of service agreements of all Third-Party Services. We are not responsible for the content of Third-Party Services, nor do we make any warranties or representations with regard to the content, accuracy, opinions, warranties, products or services, privacy or security, intellectual property compliance, or links of such Third-Party Services.

9. Errors and Inaccuracies

We effort to provide complete, accurate, and up-to-date information on our Service. Unfortunately, it is not possible to ensure that any service is completely free of human or technological errors. Occasionally, our Services may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. The contents of the Services, such as text, graphics, audio, images, and information obtained through the Services (from any source) (“Content”) are for informational purposes only. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to change or update information at any time without prior notice.
We assume no obligation to update, amend, or clarify information in the Service or any Third-Party Service (as defined below) except as required by law. No specified update or refresh date applied in the Service or on any Third-Party Service should be taken to indicate that all information in the Service or on any Third-Party Service has been modified or updated.

10. Server Downtime

Our Service may become unavailable from time to time due to security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime—even if we are aware that it may occur—or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.

11. Our Copyright

We rely on the uniqueness of its Service and content to distinguish itself from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, including content licensed to us by third parties, without receiving our prior written permission.

12. Trademarks

Pillo and pillohealth.com are trademarks used by us to uniquely identify our Service and business. You agree not to use these phrases anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with us or our Service.

13. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under these Terms, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

14. Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

• Your name.

• The name of the party whose copyright has been infringed, if different from your name.

• The name and description of the work that is being infringed.

• The location on our Service of the infringing copy.

• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification electronically and send it to our Copyright Agent at admin@pillohealth.com.

Letters containing the foregoing may be mailed to:

James Wyman
Pillo, Inc.
51 Melcher Street
Boston, MA 02210

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regard to any allegation of trademark infringement, and we will address it as soon as practicable.

15. Communications Decency Act and Constitutional Protection

Similar to the DMCA provisions above, United States laws include Section 230 of the Communications Decency Act and the First Amendment to the Constitution of the United States, create a defense for us for the actions of third parties in regard to any defamatory content posted on our Service. Although we are not liable for defamatory words posted on our Service by our Users even if given notice, we do prohibit defamation under these Terms and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at support@pillohealth.com if any of our Users have posted anything that you believe is defamatory. Note that administrators and management should, ideally, be the first party you contact in response to any defamation by another User.

16. Not Medical Services

The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have accessed through the Services

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. Reliance on any information provided by the Services is solely at your own risk.

The Services are designed to offer general information for reference purposes only. The information furnished by and in the Services and the interactive responses are not intended to be and are not a substitute for professional advice and are not intended to replace the judgment of a qualified physician, nurse, pharmacist or other healthcare professional. We do not not make any warranty that the content in the Services satisfies government regulations. Medical information changes rapidly. We do not guarantee that the content in the Services covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any guideline, alert, diagnosis, procedure or therapy, and we do not recommend or endorse any specific tests, physicians, products, procedures, therapies, or opinions. We do not assume any liability or responsibility for damage or injury (including death) to any patients, care providers, other persons or property arising from any use of any product, information, idea or instruction contained in the content or Services provided. The Services provides general information which may not apply to any specific or factual circumstance.

17. Representations, Warranties, Warranty Disclaimer & Limitations of Liability

Your only right with respect to any dissatisfaction with any modifications to these Terms, or any of our policies or practices, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of license fees, if any, is to terminate use of the Service.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE INCLUDING ALL CONTENT, USAGE OF THE SERVICE, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF IS PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION, QUIET ENJOYMENT, COURSE OF PERFORMANCE OR USAGE OF TRADE ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WE MAKE NO WARRANTIES AS TO ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE, OR AS TO THE POSSIBLE USES OF ANY OF THE FOREGOING, EVEN IF WE ARE MADE AWARE OF ANY PARTICULAR USE(S). THE PRODUCT AND SERVICE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE REQUIRING FAIL-SAFE CONTROLS . YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THESE TERMS OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

WE SHALL NOT BE LIABLE FOR ANY USE OF OR RELIANCE ON THE SERVICE UNDER ANY CIRCUMSTANCES, OR FOR ANY INTERRUPTION, UNAVAILABILITY OF OR ERROR IN THE SERVICE OR ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE, EVEN IF CAUSED BY OUR NEGLIGENCE AND OR FAILURE TO ISSUE ALERTS OR NOTICES. WE WILL NOT BE LIABLE FOR ANY FAILURE OF OR DELAY IN PERFORMANCE DIRECTLY OR INDIRECTLY CAUSED BY THE ACTS OR OMISSIONS OF YOU OR ANY USER (OR ANY OTHER PERSONS AFFILIATED OR ASSOCIATED WITH USER’S ACCOUNT) OR ANY OTHER THIRD PARTY. YOU AGREE TO ASSUME ALL OF THE RISKS IN USING THE SERVICE, WHETHER KNOWN OR UNKNOWN, INCLUDING WITHOUT LIMITATION, THE RISK THAT THE SERVICE OR THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE WILL BE INTERRUPTED, UNAVAILABLE, INACCURATE OR INCOMPLETE . WE RESERVE THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE AT ANY TIME WITH OR WITHOUT NOTICE TO USER. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT.

WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.

IN NO EVENT SHALL WE BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK, SYSTEM, ACTS OF GOD OR ACTS OF GOVERNMENTS), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL. IN NO EVENT SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS FOR DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $500.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE PROCEEDING PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THIS SECTION SHALL LIMIT OUR LIABILITY FOR DAMAGES ARISING FROM PERSONAL BODILY INJURY (INCLUDING DEATH), WILLFUL MISCONDUCT OR FRAUD, OR ANY EXCLUSION OR LIMITATION OF LIABILITY THAT IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THESE TERMS. NOTHING IN THE PROVISIONS OF THIS SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE SECOND PARAGRAPH OF THIS SECTION AND THE TWO PARAGRAPHS IMMEDIATELY PRECEDING THIS PARAGRAPH.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Those who access or use the Service from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Service in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.

18. Indemnification

You agree to indemnify and hold harmless us and any of our affiliates, employees, officers, directors, agents, successors, and assigns for any claims by you or any third party which may arise from or relate to these Terms or the provision of our Service to you, including any damages caused by your use of our Service, or the permitted use by others of your license and User Account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

19. Assignment

We may assign or delegate these Terms and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms without our prior written consent, and any unauthorized assignment and delegation by you is ineffective.

20. Choice of Law

These Terms shall be governed by the laws in force in the Commonwealth of Massachusetts. The offer and acceptance of this contract are deemed to have occurred in the Commonwealth of Massachusetts.

21. Forum of Dispute

PLEASE READ THIS SECTION CAREFULLY. THE ARBITRATION CLAUSE, JURY WAIVER, SEVERABILITY PROVISION AND THE REST OF THIS SECTION ARE IMPORTANT PARTS OF THESE TERMS BETWEEN YOU AND US. Any and all claims between you and us shall be finally arbitrated: (1) in English; (2) in accordance with the Consumer Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect; (3) in the your state of residence; (4) at our expense to the extent required by law; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (i) be selected from the appropriate list of JAMS arbitrators in accordance with such Rules; (ii) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (iii) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis: class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed in state or federal courts located in Boston, Massachusetts. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims be stayed pending resolution of the individual arbitration.

22. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

23. Severability

In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.

24. Non-Waiver

We reserve all rights afforded to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

25. Termination & Cancellation

We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

26. Assignment of Rights

You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.

27. Corporate Information

Pillo, Inc. is a corporation formed lawfully in the State of Delaware.

28. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to support@pillohealth.com.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

29. United States Laws and Regulations

The Service is operated from our servers in the United States. You are responsible for compliance with the laws of the jurisdiction in which you located. In no event shall you use the Service in any location where such use is prohibited or restricted by local law or where we would incur a tax or fee obligation that would not be paid by you. You may not use or export the Service or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations.

30. Use by Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under 13, please do not attempt to send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If you believe that a child under 13 has provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@pilloheath.com.

31. Limited Warranty and Return Procedure

Our Thirty (30) Day Money Back No Questions Asked Policy: We guarantee complete 100% satisfaction with your purchase. If you are unhappy or unsatisfied with your Device you may return it for any reason within thirty (30) days of purchase for a full refund of the purchase price (less all applicable discounts). Below are instructions on how to return your Device and receive your refund.

Return Procedure: To request a return, you must contact Pillo support at support@pillohealth.com, at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the purchase price (less all applicable discounts) as long as the Device is received within thirty (30) days from the date you requested the return. If you do not return the Device within that 30-day period, the refund will not be applied. Once a return is requested, your Device will no longer be associated with your account. Your data will remain in the App until you delete your Account. Once a Device is returned, we reserve the right to refurbish the Device for sale or for the Device to be sold as a replacement Device.

Limited Warranty: We warrant that your Device will be free from defects in materials or workmanship for a period of one (1) year from the date of purchase (“Warranty Period”) (the “Limited Warranty”). If your Device is defective during the Warranty Period, we will repair or replace your Device (in our sole discretion) subject to the conditions below, at no additional charge. We are not responsible to repair or replace your Device if you violate this Limited Warranty. This Limited Warranty is non-transferable. Any Limited Warranty repair or replacement Device shall be warranted under the original Warranty Period for the remainder of that period or for thirty (30) days, whichever is longer, or for any period as required by applicable law.

Warranty Eligibility: To be eligible for the one (1) year warranty, you must be the original owner and account holder of the Device, meaning that the Device being replaced was the one originally associated with the Account.

Warranty Exclusions: The Limited Warranty does not cover: (i) excess wear and tear; (ii) loss; (iii) damage or failure through misuse or malfunction, improper or negligent use, improper or abnormal use, or any use contrary to law, regulation, these Terms or other written instructions; (iv) damage or failure due to accident, acts of God (including Force Majeure), unauthorized commercial use, abuse, neglect, theft, or unusual atmospheric conditions; (v) water damage; (vi) cosmetic damage; (vii) any modification to the Device; (viii) attempted repair by unauthorized perons or with any parts not originally intended for or compatible with the Device; and (ix) any alteration of the factory model name and/or serial number. This Limited Warranty gives the purchaser specific legal rights, you may also have other rights which vary from state to state that may result in the change of this warranty.

Warranty Replacement Procedure: To request a warranty replacement, you must contact Pillo support at support@pillohealth.com, at which point we will send you a return shipping label for the defective Device.

Exclusive Warranty: THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY US AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES. This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts, USA, excluding the Commonwealth’s conflicts of laws principles.

32. Apple Terms and Conditions

These Terms of Service apply to use of all the Service, including the applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:

a) Both you and we acknowledge that the Terms are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application or the Content;

b) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;

c) You will only use the Application in connection with an Apple device that you own or control;

d) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Application;

e) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

f) You acknowledges and agrees that we, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

g) You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h) You represent and warrant that it is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i) Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

j) Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

Last Updated October 25, 2018

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