BY INSTALLING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE, IF APPLICABLE.
Thank you for choosing the iSoothe® 3-in-1 Wireless Electrotherapy Device. The App is capable of providing you with many services to help you manage and maintain your iSoothe® 3-in-1 Wireless Electrotherapy Device (the “Services”).
Your purchase of any iSoothe® 3-in-1 Wireless Electrotherapy Device is governed by the limited warranty provided with that iSoothe® 3-in-1 Wireless Electrotherapy Device ("Limited Warranty"). Your use of the App (and any updates thereto) are licensed and governed by these Terms.
Suspension, Termination and Discontinuation
These Terms will remain in full force and effect so long as you continue to access or use the App, or until terminated in accordance with the provisions of these Terms. At any time, Innovo may (a) suspend or terminate your rights to access or use the App or Services, or (b) terminate these Terms with respect to you if Innovo in good faith believes that you have used the App or Services in violation of these Terms. Upon termination you are no longer authorized to use or access the App or Services. Innovo reserves the right, at any time, to modify, suspend, or discontinue the App or Services or any part thereof with or without notice. You agree that Innovo will not be liable to you or to any third party for the exercise of the aforementioned right. Termination will not limit any of Innovo’s rights or remedies under this Agreement.
Access, Use, Compliance, Updates
Access and Use
Innovo grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services for your personal, non-commercial use by installing and using the App solely on designated handheld mobile device(s) (e.g., iPhone, iPad, or smartphone).
Compliance with Terms and Transfer or Sale of the iSoothe® 3-in-1 Wireless Electrotherapy Device
You are responsible for your own compliance with these Terms and also for the compliance of all users of your iSoothe® 3-in-1 Wireless Electrotherapy Device, whether or not authorized by you.
Automatic Software Updates
Innovo may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Innovo has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the App will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Restrictions, Privacy, Third Parties
You agree to (a) not use the App or the Services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the App and the Services only as intended by Innovo; (c) not use the App or the Services in any manner that could harm Innovo, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the Services.
The App does not collect or use personally-identifiable information in connection with your downloading or use of the App. Innovo values and respects your privacy.
Third Parties and Third Party Fees
The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Innovo is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Innovo does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You acknowledge that you are responsible for all fees charged by third parties, such as your ISP or mobile device carrier, which provide you with specific requirements that enable you to use the Services.
Ownership and Intellectual Property
Innovo owns the copyrights, trademarks, service marks, and trade dress rights and all other intellectual property rights to the App and all materials and content displayed on and from the Services, excluding any personally identifiable information or any other information supplied by you. You may not reproduce, modify, create derivative works from, or reverse engineer the App, or display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content, to any third party (including displaying or distributing the material using a third party website) without Innovo's prior written consent except to use the Services for their intended purposes. You may not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any such material or content, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time. Innovo retains all rights that are not otherwise expressly granted in these Terms. If you submit a comment, suggestion or any other material ("Feedback") to Innovo related to the App or the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Innovo, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you.
WITHOUT LIMITING THE FOREGOING, THE APP IS PROVIDED "AS IS". ANY USE BY YOU OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOVO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. INNOVO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE OR THAT THE APP OR ANY SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE APP OR ANY SOFTWARE WILL BE CORRECTED, OR THAT THE APP OR ANY SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT INNOVO IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE APP IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY INNOVO FULLY AND HOLD INNOVO HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE APP OR ANY SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.
Limitation of Liability
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
IN NO EVENT WILL INNOVO, OR ANY OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. INNOVO’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE APP.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR INNOVO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Innovo and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of this Agreement, including but not limited to the content you submit or make available through this App.
From time to time, we may update these Terms. If we do, we will provide notice and note the date that any changes are made and/or when they become effective. Your inaction or continued use of the App after any such alerts or notices, or your acceptance of any changes for which we require your prior approval, will tell us that you agree to these changes.
These conditions of use shall be construed, interpreted and governed by the laws of the State of Texas in the United States without regard to conflicts of law provisions thereof. Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Fort Bend County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In the event either of the foregoing provisions are not enforce able given the legislation of the country in which you live, then the laws of the country where you live shall be applicable.
Sole point of Contact
No third party is responsible for the App nor its content. Therefore you should contact Innovo for any questions, support, product claims and third party intellectual property claims related to this App. For contact details, see: www.innovo-medical.com
The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.
US Government Rights.
The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
These Terms constitute the entire agreement between you and Innovo with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.
If any provision of these Terms are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.