Overview

Thank you for visiting Pillsy.com. Pillsy wants you and other users to have safe, enjoyable access to our online services, so we have established these terms, conditions and policies (“Terms”) so that you, other users, and Pillsy know what to expect from each other. These Terms are provided by Pillsy Inc. (“Pillsy”) and apply to your access and use of www.pillsy.com (“Site”) and services available via Pillsy’s mobile apps and connected hardware (collectively, the“Service”). By accessing or using any part of our Service, you agree to be bound to all terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, then do not use our Service.

Heath-related Content

IMPORTANT!!! THIS SERVICE IS INTENDED SOLELY AS A TOOL TO ASSIST YOU IN ORGANIZING, UNDERSTANDING AND MANAGING HEALTHCARE-RELATED INFORMATION. THE SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. THE SERVICE DOES NOT CREATE ANY PATIENT RELATIONSHIP BETWEEN PILLSY AND YOU, NOR SHOULD IT BE CONSIDERED TO BE A REPLACEMENT FOR CONSULTATION WITH A LICENSED HEALTHCARE PROFESSIONAL. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS SERVICE, OR BECAUSE OF RESULTS YOU HAVE SEEN THROUGH THIS SERVICE.

BY USING THE SERVICE, YOU UNDERSTAND AND AGREE THAT PILLSY MAY RELY UPON A NUMBER OF THIRD PARTY PROVIDERS, INCLUDING FOR PURPOSES OF SENDING REMINDER NOTIFICATIONS AND PROVIDING INFORMATIONAL CONTENT. WE WILL NOT BE LIABLE FOR ANY OF THE SERVICES PROVIDED BY SUCH PROVIDERS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ALL INFORMATION RELATED TO YOU SPECIFICALLY (SUCH AS YOUR PRESCRIPTION) IS ENTERED CORRECTLY. YOU SHOULD NOT RELY SOLELY ON THE SERVICE FOR ANY LIFE-THREATENING OR ANY OTHER SITUATION WHERE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.BY USING THIS SERVICE YOU ACKNOWLEDGE THAT THE RESPONSIBILITY FOR TAKING YOUR MEDICATIONS AS PRESCRIBED IS THE RESPONSIBILITY OF YOU AND/OR YOUR LICENSED GUARDIAN, CAREGIVER, OR HEALTHCARE PROFESSIONAL.

YOU UNDERSTAND THAT IN NO EVENT WILL PILLSY BE LIABLE FOR ANY DECISION, ACTION TAKEN, OR INACTION RELATED TO WHETHER OR NOT YOU TAKE YOUR MEDICATIONS AS PRESCRIBED OR AS PROGRAMMED IN THE APP OR THE SERVICE. RELIANCE UPON ANY INFORMATION PROVIDED BY, OR OTHERWISE APPEARING IN THE SERVICE OR THE APP IS SOLELY AT YOUR OWN RISK.

You should discuss the information provided by the Service with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, and interactions before administering or using any device, drug, herb, vitamin or supplement discussed in the App or the Service.

Use of the Service

Pillsy allows you to access and make use of the Service through mobile and web-based software applications, and our website (each an“App”). Via the Services, we offer, among other things, the ability to set reminders for prescription and over-the-counter medications (“Medications”) and nutritional supplements (“Supplements”), to receive alerts about potential drug interactions, side effects, and recalls based on the Medications that you enter into the system. We may also provide estimated pricing or suggest alternative products that you may wish to review with your physicians.

You must be at least 18 years of age in order to download and/or use the App, or the Service. So long as you comply with these Terms, Pillsy grants you the right to download and install a copy of the App to your mobile device, and to access and use the Service, provided that it is for your own personal use. You may not (i) modify 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 for any means; (v) provide access to the App or the Service to a user who has not agreed to these terms; or (vi) use the Service in any harmful, threatening, vulgar or unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You may not use any “deep-link”, “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology (or any similar or equivalent manual process) to access, acquire, copy or monitor any portion of the App, Service, or any Content, or to obtain documents, materials or information not purposely made available through the Service or the App.

Pillsy reserves the right to terminate or suspend your access to and use of this Service and/or App without notice, if we believe (i) that your use is in violation of these Terms, (ii) that your use is harmful to the interests, including intellectual property or other rights, of Pillsy, another user, or another third party. This judgment may be made in our sole discretion.

Creating an Account

You do not need to register to use Pillsy (see ourPrivacy Policy for more details). However, you have the option to register and create an account (“Account”). If you do create an account, you assure that you are of legal age to form a binding contract and are not a person who is barred from receiving services under the laws of the United States or other applicable jurisdictions. When creating an Account, you agree not to provide any false personal information or to create an account for anyone other than yourself without the other person’s knowledge and permission.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter is inaccurate, false, if you have created more than one Account, if we determine a risk to other users, or if we determine that you have violated these Terms in any other way. You are responsible for maintaining the confidentiality of your password and Account. If your password is lost, stolen or disclosed to an unauthorized third party then you agree to notify us, to reset your password, or to close the account. You accept responsibility for activities that occur by people who are using your Account.

Because any termination of your access to the Service or the App may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or in this Service. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your Account, the App, or the Service.

You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or your account. Although we enable you to log out when you are not using the App or Service, we may enable you to remain logged in for a period of time in order to provide a better user experience. You acknowledge this risk and agree to maintain control over your mobile devices by keeping them in your possession, by logging out when you are not using them, and by maintaining strong passwords for your devices in addition to our App and Services. We are not responsible for the basic security of your computing devices.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively“Content”), contained in the Services is owned, controlled or licensed by or to Pillsy, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no Content or part of the Service may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, we site or other medium for publication or distribution without the express written consent of Pillsy.

Content Submissions

Our Service allows you and other users to post, link, store, share and make available certain information, images, video, text and/or other content (“Content Submissions”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content Submissions to the Service, you grant us the right and license to use, modify, publicly display, reproduce, sell and distribute such Content Submissions on and through the Service. You agree that this license includes the right for us to make your Content Submissions available to other users of the Service, who may also use your Content Submissions subject to these Terms. You retain any and all of your rights to any Content Submissions you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) any Content Submissions you post is yours (you own it) or you have the right to use it (ii) you grant us the rights and license to use any Content Submissions you post, as provided in these Terms, and (iii) the posting of your Content Submissions on or through the App or Service does not violate the privacy rights, publicity rights, copyrights, contract rights, nondisclosure rights, or any other rights of any person or organization.

Electronic Communications

When you visit the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Service or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

Our Service may contain links to other independent web sites. We provide these links for your reference only. Pillsy does not control these web sites, and is not responsible for their content, resources, or any services offered through these sites.

Privacy

Please read ourPrivacy Policy, which also applies to your use of the Pillsy Service and App.

Phone Policy

By providing Pillsy with your phone number, you expressly consent to Pillsy calling you at this phone number, either in person or through an automated system.

Feedback and Information

Pillsy welcomes your comments and feedback. Any comments or feedback you provide will be deemed to be non-confidential. Pillsy will be free to use such information on an unrestricted basis.

Disclaimer

Pillsy does not promise or warrant that the Service or any content or feature will be error-free or uninterrupted or that your use of the Service or the App will provide specific results. We cannot guarantee to fix any defects or issues that you encounter. The Service and App are delivered on an “As-is” and “As-available” basis, without representations or warranties of any kind. Pillsy cannot ensure that any files or other data you download will be free of viruses or other destructive software, whether provided by Pillsy, a third party, or a another malevolent actor (i.e. a “hacker”).

Pillsy disclaims all express or implied representations and warranties regarding the information, services, products, materials and any other resources available on or accessible through the Service or the App, including any warranties of accuracy, title, non-infringement, merchantability and fitness for a particular purpose.

Your sole remedy against Pillsy for dissatisfaction with the Service, the App, or any other products or services provided by Pillsy is to stop using it. This limitation or relief is part of the agreement between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication failure, theft or destruction, unauthorized access or use, or loss of privacy, whether for breach of contract, tort, negligence or any other cause of action.

Pillsy reserves the right to do any of the following, at any time and without notice: (i) modify, suspend, or remove access to the Service, or to a portion of the Service, for any reason; (ii) to modify or change the Service, or any portion of the Service; and (iii) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction or other change.

Indemnification

You agree to indeminify and hold Pillsy, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Pillsy by any third party due to or arising out of or in connection to your violation of these Terms, or with your use of the App or the Service.

Intellectual Property

You agree that the App and Services are the intellectual property (“IP”) of Pillsy and that you will not download the App or use our Services to copy, download, reverse engineer, or assimilate our products, or parts of our products in any way, whether for personal or commercial purposes. Our IP includes but is not limited to screen designs, artwork, user workflows, sequences of screens, methods, business methods, processes, computer code, wireless communication protocols, mechanical engineering designs, circuit board designs, and other designs. This applies but is not limited to all of our software and our hardware as well as to patterns of interactions between the software and hardware. You agree to take personal responsibility for respecting our IP, but this does not absolve other entities if you violate our IP on behalf of, or at the request of an employer, a client or a prospective client. This portion of the agreement may be superseded by other agreements related to Pillsy’s IP, provided that those agreements are made in writing by an officer of Pillsy.

Termination

These Terms are effective until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of the application. If you violate these Terms, our permission to you to use the Services automatically terminates. We may, in our sole discretion, terminate these Services at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of these Terms, our ability to terminate is in addition to 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 immediately uninstall the App on all of your devices, discontinue use of our Services, and destroy all materials downloaded or otherwise obtained from the App or Services, including all documentation and copies of such materials. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.

Assignability

You agree that this Agreement and all agreements between you and us may be assigned by us, in our sole discretion to any third party.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms, all of which remain in full force and effect. You agree that all matters, including disputes, relating to your access to or use of Pillsy information, App or Services, including Content, will be governed by the laws of Washington State, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the case of any dispute between Pillsy and you arising out of or in connection with your use of Pillsy’s App, Services, or any other products (including Content), the parties shall attempt, in good faith, to resolve any such dispute. If we are unable to resolve such a dispute within a reasonable amount of time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Pillsy’s failure to remind or insist upon strict compliance with these Terms and policies will not be construed as an implicit waiver of any provision or right. These Terms constitute the entire agreement between you and Pillsy governing your use of our App and Services.

Contact Information

Email:

[email protected]

Mailing Address:

Pillsy Inc.
119 Pine St., Suite 309
Seattle, WA 98101