Terms of Use

Last Revised October, 07 2017

1) Acceptance of Terms of Use

Please carefully read the following Terms of Use (“Terms”) before using the Pillify mobile application (the "App") operated by Pillify Inc. (“Pillify”). By accessing and using this App, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use this App or any of its content.

YOUR ACCESS TO, USE OF THE APP AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE APP IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the App after that date. Each time you access, use or browse the App, you signify your acceptance of the then-current Terms. By accepting the Terms you hereby also agree to the App Privacy Policy that is detailed in the Privacy Policy page of the App and Website.

2) Permitted Users of App

This App is directed to persons 18 years of age or older. This App do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the App, but you may not submit any personal information to the App. If you are under age 13, you are not permitted to use this App or to submit any personally identifiable information to the App.

3) Permitted Use of App

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the App. Use of the App in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.

So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Pillify, you are permitted to view and use the App solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the App unless expressly authorized by Pillify. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the App.

Special terms may apply to some products or services offered on the App, or to any sweepstakes, contests or promotions that may be offered on the App. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.

4) Privacy Policy

Please review the Privacy Policy for the App at http://pillifyapp.com/privacy. If you do not agree with the Privacy Policy at http://pillifyapp.com/privacy, you may not use the App.

5) Proprietary Rights

You acknowledge and agree that, as between Pillify and you, all right, title, and interest in and to the App, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Pillify and are protected by United States intellectual property laws and other applicable laws.

Copyright: All content included in the App, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Pillify or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the App for the sole purpose of placing an order on the App; using the App as a resource; or using the App for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the App, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the App are proprietary to Pillify. Any third party names or trademarks referenced in the App do not constitute or imply affiliation, endorsement or recommendation by Pillify or of Pillify App by the third parties.

6) Your Indemnity of Pillify

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Pillify, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE APP OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF Pillify OR ANY THIRD PARTY.

7) Links

Links to Other Websites: The App may contain links to websites operated by other parties. The App provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Pillify and Pillify is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and Pillify disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Pillify shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

8) Modifications to App

Pillify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App, or any portion thereof, with or without notice. You agree that Pillify shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App

9) App Store

You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Pillify and not with the App Store. Pillify, not the App Store, is solely responsible for the Pillify App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Pillify, including the Application. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

10) No Medical Advice Provided

THE INFORMATION PROVIDED ON THE APP AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH Pillify App IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE AND THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR PROVIDED OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

NO DOCTOR-PATIENT RELATIONSHIP, OR OTHER HEALTH CARE PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE APP OR THROUGH ANY OTHER COMMUNICATIONS FROM EVERSEAT. IN NO EVENT SHALL EVERSEAT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION ON THE APP.

11) Suspension and Termination Rights

Pillify reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the App for any reason, including without limitation any breach by you of these Terms. You agree that Pillify shall not be liable to you or any third party for any such suspension or termination.

12) Disclaimer

THE APP AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE APP, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pillify AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

13) Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Pillify AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE APP, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE APP. IN NO EVENT SHALL Pillify OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF Pillify ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE APP SHALL NOT EXCEED FIFTY DOLLARS (U.S.).

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

14) Governing Law and Disputes

These Terms shall be governed by, and will be construed under, the laws of the United States of America, without regard to choice of law principles. Any cause of action or claim you may have with respect to these Terms, Pillify, the App or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The App is controlled within the United States of America. Those who choose to access the App from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Pillify does not represent that the App or Content are appropriate outside the United States of America.

15) Force Majeure

Pillify shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

16) Miscellaneous

These Terms set forth the entire understanding and agreement between you and Pillify with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Pillify’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Pillify, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.

The communications between you and Pillify’s use electronic means. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Pillify provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

17) Questions?

Please direct any questions you may have about these Terms of Use, technical questions or problems with the App, or comments or suggestions to support@pillifyapp.com

Copyright © 2017 Pillify, Inc.