Terms and Conditions
Aam Care Terms of Service
Effective Date: August 2, 2018
Welcome to Aam Care. Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (collectively, the “Services”).
PLEASE NOTE THAT AAM CARE, INC. IS NOT A HEALTH CARE PROVIDER. ANY INSTRUCTIONS PROVIDED THROUGH THE SERVICES ARE ONLY SUGGESTIONS. YOU SHOULD CONTACT YOUR DOCTOR IF YOU HAVE ANY QUESTIONS ABOUT YOUR METHOD OF BIRTH CONTROL. YOU UNDERSTAND THAT AAM CARE, INC. IS NOT A HEALTH CARE PROVIDER AND IS NOT PROVIDING INSTRUCTION OR ADVICE TO THE USER AS A HEALTH CARE PROVIDER.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTIONS 20 BELOW.
Aam Care, Inc. reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Services are intended solely for persons who are at least 18 years old. By using the Services you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use the Services.
5. Explanation of Service and Relevant Definitions
The Services are provided through a sleeve that you interact with through the Application (the “Sleeve”). The Sleeve senses when you have taken your birth control pill and will alert you through your cell phone to take your pill every twenty-four (24) hours. The Sleeve connects to your phone via Bluetooth. Any information that you submit to Aam Care, Inc. through the Application for the Services is referred to herein as “User Data”.
6. Acceptable Use
You may only use the Services for personal use. You may not transfer your access to others, or allow others to access the Services through your own access.
You may only use the Services for lawful activity. It is your responsibility to comply with all applicable local, state, and federal laws and regulations. In addition, you may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
You may not interfere with or damage the Services, including, without limitation, through the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology.
Except as authorized through the Services or as permitted through Aam Care, Inc.’s “robot.txt” file, you may not copy, rip, or capture any content encountered on the Services.
You may not use the Services to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers.
You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else (including Aam Care, Inc.).
You may not decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.
This device has not been authorized as required by the rules of the Federal Communications Commission. This device is not, and may not be, offered for sale or lease, or sold or leased, until authorization is obtained.
7. User Accounts
You must register on this application in order to use the Services, including the Sleeve. If you just want to browse the Site, registration is optional. You can select any username you like for your account, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name.
If you would like us to terminate your account, please contact us at firstname.lastname@example.org. Upon receipt of your request, and except as set forth below, we will remove your account and your associated information from the Services within a reasonable time period. If we intend to remove your account, we will try to provide advance notice to you prior to our removal of your account so that you are able to retrieve any important User Data that may have been stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Aam Care, Inc.
You may not transfer your account to anyone else without our prior written permission.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Data (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that the Services and Content (other than User Data), including all associated intellectual property rights, are the exclusive property of Aam Care, Inc. and its licensors.
Conditioned upon your compliance with these Terms, Aam Care, Inc. grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Aam Care, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.
By submitting any User Data on or through the Services, you grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, display, transmit, stream, and otherwise exploit such User Data, in any media, in order to operate and improve the Services. You acknowledge and agree that you are solely responsible for all User Data. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to Company the license above.
- Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third-party payment processor to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem our third-party payment processor encounters in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize our third-party payment processor to charge your payment method for the corresponding amount.
- Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Products or services are subject to availability, and we reserve the right to cancel all or party of the Services and to discontinue making certain Services available without prior notice.
- Returns and Refunds. Aam Care, Inc. fully guarantees the Sleeve and will provide a full refund for defective Sleeves purchased through the Services. Please contact us at email@example.com to request a refund relating to the Sleeve. Refunds will be made in the form of the original payment.
If your Sleeve is defective, you may ship the Sleeve back to us at the address below using any trackable method, at your expense. Once we receive your package and determine that it is defective, we will promptly process a refund in accordance with this policy. Please include the following information with your return:
Your name and billing address
The name, address, and ZIP code of the person who placed the order, if it was a gift
The date of the original purchase
Our return address is:
Aam Care, Inc. (dba Aavia)
19 Morris Ave
Brooklyn, NY 11205
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that Aam Care, Inc. has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
Aam Care, Inc. may immediately and without notice terminate these Terms and disable your access to the Services if Aam Care, Inc. determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third party rights; or (c) Aam Care, Inc. believes, in good faith, that such action is needed to protect the safety or property of other users, Aam Care, Inc., or third parties.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
12. Third Party Content
By using the Services, Aam Care, Inc. may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. One such example is our third party payment processor. You hereby acknowledge that Aam Care, Inc. does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. Aam Care, Inc. does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. Aam Care, Inc. disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against Aam Care, Inc. with respect to the content or operation of any such third-party websites and services.
13. Apple App Store Terms
These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
Both you and Aam Care, Inc. acknowledge that the Terms are concluded between you and Aam Care, Inc. only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
You acknowledge and agree that Aam Care, Inc., and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Aam Care, Inc., and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and Aam Care, Inc. acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and Aam Care, Inc. acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING SERVICES AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," AND AAM CARE, INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. AAM CARE, INC., ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
15. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL AAM CARE, INC. (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Aam Care, Inc. (a) via email (in each case to the address that you provide) or (b) by posting to the website or other Services.
17. No Waiver
The failure of Aam Care, Inc. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without Aam Care, Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Aam Care, Inc. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
21. Governing Law
These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States. Any action based on, relating to, or alleging breach of these Terms must be brought in a state or federal court in Suffolk County, Massachusetts. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
22. Entire Agreement
These Terms constitute the entire agreement between you and Aam Care, Inc. regarding your use of the Services, and supersede all prior written or oral agreements.
23. Contact Us
If you have any questions about the Services, please do not hesitate to contact us at firstname.lastname@example.org.
Effective Date: August 2, 2018
2. Information Collected
a. Information You Provide
When you use the Services, you will have the opportunity to provide us with some information directly. For example, some functions of the Services require you to register for an account, where we may ask you for your email address and preferred username. As another example, we may also collect other information you directly give us as you build your profile on the Services, such as your name, demographic information, certain birth control information, and phone number.
In order to use our Services, you will be asked to provide certain financial information so that you can be charged for the Services that you have purchased. Please note that your financial information will be collected by a third party payment processor that we have engaged to handle our financial transactions, and we will not have access to your financial information.
b. Information Automatically Collected
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.
3. Disclosure of Information
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the personally identifiable information we share with them beyond what is necessary to assist us.
We allow advertisers and/or merchant partners (“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in Boston to show you ads or offers for Boston businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an Advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the Advertiser may conclude that you fit the description of the audience they were trying to reach.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of personally identifiable information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com.
We may de-identify your personally identifiable information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.
We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personally identifiable information could be one of the assets transferred to or acquired by a third party.
We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service [[insert link]] and other agreements; or protect the rights, property, or safety of Aam Care, Inc., our employees, our users, or others.
4. Security Disclaimer
We endeavor to protect the privacy of your account and other personally identifiable information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
5. Modification / Deletion of Information
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
name and username
user profile information, including brand of birth control pill prescribed to you, time of day each pill is taken, and time of refills
number of pills in each birth control pack, including the number of missed pills each month and the number of sugar pills in each pack
menstruation schedule and symptoms
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
Finally, if you request, we will remove your name and all other personally identifiable information that you have provided from the Services. Please understand, however, that it may be impossible to delete this information completely, due to backups and records of deletions. In addition, please understand that, if you request removal of your information, you will be unable to utilize associated features of the Services. You may not request the removal of de-identified, anonymous, or aggregate data from our databases.
6. Age of Users
Children under the age of 18 are not permitted to use, access or register for the Services in any way. We do not knowingly collect or solicit information from anyone under the age of 18. If we learn that Aam Care, Inc. has collected personally identifiable information from a child under the age of 18 we will delete that information as quickly as possible.
7. Changes to Policy
Aam Care, Inc. reserves the right, at its sole discretion, to modify this Policy at any time and without prior notice. If we modify this Policy, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of this Policy. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Policy.
8. Contact Us
If you have any questions about this Policy, please do not hesitate to contact us at email@example.com.