Terms and Conditions for the Use of Our Service (“Terms and Conditions”)
Updated: March 7, 2023
Please read and agree to these Terms and Conditions carefully before using Our Service by clicking the box at the end of these Terms and Conditions.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
Account means a unique account created for you to access Our Service or parts of Our Service.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Apps refers to Our Apps for Apple Watch and iOS.
App Store means the digital distribution service operated and developed by Apple Inc. in which the Application has been downloaded.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Remote Future AG, Huobstrasse 3, 8808 Pfäffikon SZ, Switzerland and any of our Affiliates.
Country refers to: Switzerland
Device means any device that can access the Service such as a computer, a smartphone, smartwatch, or a digital tablet.
Emergency Contacts refers to the individuals that are specified by you in writing to be contacted by text messages and/or calls in case the App detects events that may constitute a seizure.
Service refers to Our Website getmellow.app and our Apps for Apple Watch and iOS.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you - the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, your designated Emergency Contacts and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service and their designated Emergency Contacts.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
You represent that you are over the age of majority (as determined by applicable laws in your jurisdiction). The Company does not permit those under the age of majority to use the Service, unless We are provided with a valid parental consent or guardianship approval, under the legal requirements applicable.
Your acceptance of and compliance with the Privacy Policy of the Company is also condition to your access to and use of the Service. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of your personal information when you use the Apps or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.
Instructions to use our Services: Precautions and Disclaimers
TO BE ABLE TO INSTALL AND USE OUR SERVICE, YOU NEED TO HAVE AN IPHONE AND AN APPLE WATCH. THE SUPPORTED MODELS OF IPHONE AND APPLE WATCH AND SUPPORTED VERSIONS OF THE IOS AND WATCHOS OPERATING SYSTEMS ARE MENTIONED ON OUR PRODUCT PAGE ON THE APP STORE. BOTH APPS HAVE TO RUN JOINTLY FOR OUR SERVICE TO WORK PROPERLY. BOTH APPS ALSO NEED TO BE UPDATED TO THE SAME VERSION.
YOU NEED TO BE WEARING THE WATCH ON THE WRIST AND CORRECTLY TIGHTENED. BOTH THE WATCH AND PHONE NEED TO BE CHARGED AND PAIRED TOGETHER. AN INTERNET CONNECTION AND ACCESS TO A PHONE NETWORK IS REQUIRED FOR THE WHOLE ALERT CHAIN TO WORK END-TO-END. OUR SERVICE IS INTENDED TO BE USED IN REAL-LIFE ENVIRONMENTS, E.G. AT HOME, AT THE WORKPLACE, OR WHEN COMMUTING.
THE SERVICE IS DESIGNED TO NOTIFY YOU AND YOUR EMERGENCY CONTACTS ABOUT A POSSIBLE GENERALIZED TONIC-CLONIC SEIZURE (PREVIOUSLY KNOWN AS A GRAND MAL SEIZURE) AS MEASURED BY LIMB ACTIVITY AS DETECTED BY OUR APPS. THE SERVICE NEVER SUBSTITUTES DIRECT MONITORING OF YOUR HEALTH STATUS BY YOU.
YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT YOUR EMERGENCY CONTACTS CONSENT TO AND ARE ABLE AND AVAILABLE TO RECEIVE EMERGENCY NOTIFICATIONS. YOUR EMERGENCY CONTACTS NEED TO HAVE A PHONE ABLE TO RECEIVE TEXT MESSAGES. POTENTIAL FILTERING APPS HAVE TO BE DISABLED FOR OUR PHONE NUMBER.YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH APPLICABLE PRIVACY LAWS WHEN PROVIDING THE CONTACT INFORMATION OF YOUR EMERGENCY CONTACTS.
THE EMERGENCY NOTIFICATIONS ARE ONLY INTENDED FOR THE INFORMATION OF YOUR EMERGENCY CONTACTS THAT A POSSIBLE GENERALIZED TONIC-CLONIC SEIZURE HAS OCCURRED BASED ON LIMB ACTIVITY. THE EMERGENCY NOTIFICATIONS DO NOT CONTAIN SPECIFIC DETAILS ON POTENTIAL GENERALIZED TONIC-CLONIC SEIZURES OR THEIR CONSEQUENCES, AND ARE NOT INTENDED AS COMMUNICATION ON YOUR BEHALF.
WE CANNOT INFLUENCE OR CONTROL THE BEHAVIOR OF YOUR EMERGENCY CONTACTS AND CANNOT BE HELD RESPONSIBLE FOR ANY OF THEIR ACTIONS AND/OR CLAIMS ARISING FROM THESE ACTIONS. WE CANNOT GUARANTEE THAT EMERGENCY NOTIFICATIONS WILL BE DELIVERED TO YOUR EMERGENCY CONTACTS BECAUSE THE DELIVERY OF THESE NOTIFICATIONS MAY BE AFFECTED BY NETWORK, COMMUNICATION, LOCATION, OR HARDWARE OR SOFTWARE ISSUES.
WE DO NOT PRACTICE MEDICINE. OUR APP IS NOT A MEDICAL DEVICE AND HAS NOT BEEN APPROVED OR CERTIFIED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION (“FDA”) OR BY ANY OTHER LOCAL, STATE OR FEDERAL REGULATORY BODY.
OUR APP HAS CURRENTLY SHOWN IN OUR PRIOR INTERNAL STUDIES TO BE APPROXIMATELY SEVENTY-SEVEN PERCENT (77%) ACCURATE IN DETECTING GENERALIZED TONIC-CLONIC SEIZURES (PREVIOUSLY KNOWN AS GRAND MAL SEIZURES) IF CERTAIN LIMB ACTIVITY OF THE PERSON HAVING THE SEIZURE IS INVOLVED. THE APP IS NOT ABLE TO DETECT EVERY GENERALIZED TONIC-CLONIC SEIZURE OR SEIZURES OTHER THAN GENERALIZED TONIC-CLONIC SEIZURES AND AS SUCH SOME GENERALIZED TONIC-CLONIC SEIZURES MAY NOT BE DETECTED OR FALSE ALARMS MAY OCCUR WHERE A GENERALIZED TONIC-CLONIC SEIZURE HAS NOT OCCURRED WHEN THE PERSON EXPERIENCES A GREAT DEAL OF LIMB MOVEMENT.
OUR APP SHOULD NOT BE USED BY ITSELF IN THE DETECTION OF SEIZURES BUT SHOULD BE A SUPPLEMENTAL COMMUNICATIONS SYSTEM THAT SUCH PERSONS USE TO DETECT THE OCCURRENCE OF A GENERALIZED TONIC-CLONIC SEIZURE WITH LIMB MOVEMENT IN CONJUNCTION WITH OTHER METHODS TO ALERT CAREGIVERS TO THE OCCURRENCE OF SUCH AN EVENT.
YOUR APPLE WATCH AND IPHONE NEED TO BE SET UP AS OUTLINED IN OUR TERMS AND CONDITIONS ATTACHED HERETO FOR OUR APP TO FUNCTION CORRECTLY.
OUR APP CANNOT PREDICT OR PREVENT SEIZURES AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY CONDITION WHATSOEVER.
THE USE OF OUR APPS DOES NOT REPLACE COMMON SAFETY MEASURES FOR PEOPLE LIVING WITH EPILEPSY AND CANNOT PREVENT INJURIES FROM HAPPENING. IN CASE OF A MEDICAL EMERGENCY, ALWAYS CALL 911 OR YOUR NEUROLOGIST OR PHYSICIAN IMMEDIATELY.
NEVER DELAY SEEKING MEDICAL ADVICE AND DO NOT DISREGARD ANY MEDICAL ADVICE BECAUSE OF INFORMATION PROVIDED BY OUR APP.
USING THE SERVICE OR COMMUNICATING WITH US DOES NOT INITIATE OR CONSTITUTE A PHYSICIAN-PATIENT OR OTHER MEDICAL PROFESSIONAL RELATIONSHIP.
Additional cost incurred for text messages and calls
We do not charge a fee for the text messages and calls that are sent to your Emergency Contacts; however, depending on their wireless plan, your Emergency Contacts may be charged for each text message or call they receive. It is Your responsibility to inform your Emergency Contacts before entering them into Our Service. We assume no responsibility for charges incurred by Emergency Contacts for receiving Our text messages or calls.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, Privacy Policies, or practices of any third-party sites or services.
Termination of Access
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. The sections of these Terms and Conditions titled Acknowledgment, Precautions, Limitation of Liability, Intellectual Property, and Governing Law shall survive termination of this Agreement for any reason whatsoever.
Limitation of Liability Disclaimers
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE S TERMS AND CONDITIONS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR $100 IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
"AS IS" and “AS AVAILABLE” Disclaimers
THE SERVICE IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY'S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR (IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Intellectual Property
The Service, its features and content are owned by Us, for Ourselves, or on behalf of Our Affiliates and are protected by U.S. and international copyright and other intellectual property laws. We shall retain the title, ownership rights, and all intellectual property rights in and to the features of the Service and any and all software, documentation, intellectual property, or other proprietary information or materials used or delivered in connection with the Service. All rights reserved.
You acknowledge that nothing contained in these Terms and Conditions shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know-how, information, or technical data; (ii) copyright-protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos, or applications therefor in the United States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
These Terms and Conditions do not grant you any right, title, license, or interest in or to any software or documentation, or in any related patents, copyrights, trademarks, trade secrets, or other intellectual property of any kind, of Us, or Our Affiliates. You shall not acquire any rights of any kind in or to any trademark, service mark, trade name, logo, or product or service designation (whether or not registered) under which We, and Our Affiliates market our products or services and you shall not use the same for any reason.
All content provided in association with the Service and these Terms and Conditions, including, but not limited to, the website, the Apps, all text, graphics, user interfaces, visual interfaces, photographs, videos, electronic art, sounds, data, executable and computer code, and data (collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Service, and underlying technology, and any and all other copyright-protected work associated with the Service, are exclusively owned, controlled, or licensed by or to Us and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Content without Our prior written permission.
If you provide any communications or materials to us by email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, “Feedback”), We are free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. We are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although We are not required to use any Feedback.
Governing Law/Venue
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service, except for their conflicts of law provisions. The parties hereto hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts of the Country for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of the above venue of any such litigation in the courts of the Country and agree not to plead or claim in any court of the Country that such litigation brought therein has been brought in any inconvenient forum. Your use of the Service may also be subject to other local, state, national, or international laws.
Dispute Resolution
If you have any concerns or disputes about your Service, you agree to first try to resolve the dispute internally by contacting the Company and seeking resolution through the Company’s internal dispute resolution mechanism.
For Users in the European Union (EU)
Currently, the Service is not intended for consumers residing in the European Union. We are taking technical measures to route EU traffic to a separate website, and our Apps are not available for download in the App Store in EU countries.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to these Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
Contact Us
You can contact Us by email: hello@getmellow.app