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Terms and Conditions

 

Updated: November 28, 2022

Please read these terms and conditions carefully before using Our Service.

 

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.


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).
  • Country refers to: Switzerland
  • Device means any device that can access the Service such as a computer, a smartphone or a digital tablet.
  • Emergency Contacts refers to the individuals that are specified by You 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. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
  • 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.
  • You refers to 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, as applicable.




Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You 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.

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, in accordance with the legal requirements of applicable.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application 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.


Precautions

The Service is designed to notify You and Your Emergency Contacts about potential seizures detected by Our Apps. The Service never substitutes direct monitoring of Your health status by You. You are solely responsible to verify that your Emergency Contacts consent to and are able and available to receive emergency notifications. You are solely responsible to comply 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 potential seizure has occurred. The emergency notifications do not contain specific details on the potential seizure or its 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. DO NOT RELY ON OUR SERVICE TO ENGAGE IN RISKY ACTIVITIES YOU WOULD OTHERWISE AVOID.

In case of a medical emergency, always call 911 or your physician immediately. In case of any health-related questions, please contact or see your physician. Never delay seeking medical advice or disregard any medical advice because of information provided by the Service.

We do not practice medicine or provide medical services, and our Apps do not constitute a medical device. Our Service and Apps have not been certified by the FDA. Our Service cannot predict or prevent seizures and is not intended to diagnose, treat, cure, or prevent any condition or disease. The Service is not intended and should not be used in place of a visit, call, or consultation with your physician or any other medical professionals, or in place of the advice of the aforementioned.

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 each text messages and calls that are sent to your Emergency Contacts; however, depending 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.

 

Subscription

Subscription Period
Some parts of the Service may only be available with a paid Subscription. The Subscription term may be monthly, annual, or continuous, depending on the type of Subscription You select upon purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Termination
You may cancel your Subscription at any time through Your Account settings, on the App Store, or by contacting the Company. Your cancellation will take effect at the end of the current Subscription term. You will not receive a refund for the fees You already paid for Your current Subscription term, and You will be able to access the Service until the end of Your current Subscription term. Paid Subscription fees are non-refundable, except when required by law. We may provide refunds or discounts at Our sole discretion at any time and/or for any reason. No refunds of discounts will be provided during the Free Trial.

Please note that we may still send you promotional communications until you opt-out of receiving those communications by following the unsubscribe instructions provided in the communications.

Billing
Billing for the Service is processed and stored through Apple’s payment service, is due immediately upon receipt, and is subject to change at any time. Any Subscription price change will become effective at the end of the then-current Subscription period, and we will notify you via email or text message at least thirty (30) days before the effective date of the change. By continuing Your use of the Service after the changes in Subscription price come into effect You agree to pay the modified Subscription price. 

You are solely responsible for the settlement of all charges incurred before cancellation and for all applicable taxes. Should billing through Apple’s payment service fail to occur for any reason, We will issue an electronic invoice indicating that you must manually ensure settlement of the amount due and by the deadline date as indicated on the invoice.

Free Trial
We may offer a Free Trial at our sole discretion. You may be required to enter Your billing information to sign up for the Free Trial. In this case, You will not be charged for Your Subscription until the Free Trial has expired. Unless You cancel Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected when Your Free Trial ends. We reserve the right to modify or cancel the Free Trial offer at any time.



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 that are titled Acknowledgment, Precautions, Subscription, Limitation of Liability, Intellectual Property, and Governing Law shall survive termination of this Agreement for any reason whatsoever.



Limitation of Liability

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD 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" Disclaimer

The Service at the current stage is experimental and is provided to you "AS IS" and 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.


Confidentiality


You represent that you will not disclose Our Service and Apps without Our prior written approval. You agree to maintain the confidentiality of Our Service and Apps with at least the same degree of care that you use to protect your own confidential and proprietary information. You will not be liable for the disclosure of any confidential information which is (i) in the public domain other than by a breach of these Terms on your part; or (ii) rightfully received from a third party without any obligation of confidentiality; or (iii) rightfully known to you without any limitation on use or disclosure prior to its receipt from Us; or (iv) generally made available to third parties by Us without restriction on disclosure.


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 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

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. 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 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 Application may also be subject to other local, state, national, or international laws.



Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.



For Users in the European Union (EU)

Currently, the Service is explicitly not intended for consumers residing in the European Union. We are taking technical measures to route EU traffic to a separate landing page,  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 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 prior to any new terms taking 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