Terms of Use Spoonful OS.

The Terms of Use (“Terms of Use”) govern your use of Spoonful OS and provide information about Spoonful OS Service, outlined below. Visitors and users of Spoonful OS mobile application will be referenced in this document as “You” or “Your”; Spoonful OS will be referenced as “Us”, “Our” or “We”. When You download, or create a Spoonful OS account or use Spoonful OS You agree to these terms.

THE SERVICE

SPOONFUL OS PROVIDES REMINDERS FOR MEDICATION ADMINISTRATION AND IS INTENDED FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS APP SHALL BE INTENDED TO PROVIDE NOR CONSTITUE MEDICAL OR PROFESSIONAL ADVICE.

YOU ASSUME FULL RESPONSIBILITY AND LIABILITY AND RISK WHEN USING THE APP. IT IS RECOMMENDED THAT PRIOR TO THE USE OR ADMINISTRATION OF ANY MEDICATION, USER MUST SEEK AND FOLLOW ALL THE NECESSARY ADVICE FROM A MEDICAL PROFESSIONAL IN CONNECTION WITH MEDICATION TO A CHILD.

YOU ASSUME FULL LIABILITY FOR ANY AND ALL INFORMATION, INCLUDING WITHOUT LIMITATION TO PERSONAL, MEDICINAL AND HEALTH INFORMATION, THAT YOU WILLINGLY CREATED OR STORED OR UPLOADED OR ALLOWED TO BE CREATED OR STORED OR UPLOADED TO THE APP. YOU AGREE TO FULLY INDEMNIFY AND HOLD SPOONFULL OS HARMLESS FROM ANY LIABILITY, EXPENSE, SUIT, CLAIM OR ACTION RELATED TO YOUR BREACH OF THESE TERMS OF USE.

BY ADDING INFORMATION ABOUT A CHILD, YOU CONFIRM THAT YOU ARE LEGALLY AUTHORIZED TO USE THAT CHILD’S INFORMATION, INCLUDING WITHOUT LIMITATION THE CHILD’S DATE OF BIRTH AND ALLERGIES. YOU FURTHER CONFIRM THAT THE CHILD IS ALLOWED TO TAKE AND IS NOT RESTRICTED FROM TAKING ANY OF THE MEDICATIONS THAT YOU ASSIGN AND LINK TO THE CHILD’S PROFILE.

Your Commitments

Who can use Spoonful OS.

In order to continue to provide You with a service that is useful and in accordance with the law, We need You to commit to a few restrictions in order to be part of the Spoonful OS community.

  • You must be at least 13 years old.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Service if You are on an applicable denied party listing
  • We must not have previously disabled Your account for violation of law or any of our policies
  • You must not be a convicted sex offender.
How You cannot use Spoonful OS.
  • You cannot impersonate others or provide inaccurate information. You don’t have to disclose Your identity on Spoonful OS, but You must provide us with accurate and up-to-date information (including registration information). Also, You may not impersonate someone You aren’t, and You can’t create an account for someone else unless You have their express permission.
  • You cannot do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You cannot violate (or help or encourage others to violate) these Terms or our policies.
  • You cannot do anything to interfere with or impair the intended operation of the Service.
  • You cannot attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without Our express written permission.
  • You cannot post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
  • You cannot attempt to buy, sell, or transfer any aspect of Your account (including Your username) or solicit, collect, or use login credentials or badges of other users.

Permission You Give Us. As part of our agreement, You also give us permissions that We need to provide the Service.

We do not claim ownership of Your content, but You grant us a license to use it. Nothing is changing about Your rights in Your content. We do not claim ownership of Your content that You post on or through the Service. Instead, when You share, post, or upload content that is covered by intellectual property rights on or in connection with Our Service, You hereby grant us a nonexclusive, royalty-free, transferable sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your content. You can end this license anytime by deleting Your content or account. However, content will continue to appear if You shared it with others and they have not deleted it.

Permission to use Your username, profile picture, and information about Your relationships and actions with accounts, ads, and sponsored content. You give us permission to show Your username, profile picture, and information about Your actions or relationships next to or in connection with accounts, ads, offers, and other sponsored content that You follow or engage with that are displayed on Spoonful OS, without compensation to You..

You agree that We can download and install updates to the Service on Your device.

Additional Rights We Retain

  • If You select a username or similar identifier for Your account, We may change it if We believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
  • If You use content covered by intellectual property rights that We have and make available in Our Service (for example, images, designs, videos, or sounds We provide that You add to content You create or share), We retain all rights to Our content (but not Yours).
  • You can use Our intellectual property and trademarks or similar marks as expressly permitted with Our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from Us.

Content Removal and Disabling or Terminating Your Account.

  • We can remove any content or information You share on the Service if We believe that it violates these Terms of Use, Our policies, or We are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to You (including terminating or disabling Your account) immediately to protect our community or services, or if You create risk or legal exposure for Us, violate these Terms of Use or Our policies, or where We are permitted or required to do so by law. If You believe Your account has been terminated in error, or You want to disable or permanently delete Your account, consult Us at get-in-touch@aspoonful.app.
  • Content You delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after Your account is terminated or deleted.

Intellectual Property Rights

All content, such as graphics, texts, logos, buttons, icons, images, data compilations, and software, included in Spoonful OS is the property of Spoonful OS and/or third parties. All trademarks, product or service names and/or logos that may be used in this App are the property of Spoonful OS or its respective owner(s).

As a registered User, You are permitted to use Spoonful OS and the materials presented in here for individual, non-commercial purposes only. You are permitted to print, copy, and use information about the medication history of a Child for whom You have legal authority. You are not permitted to copy, paste, redistribute, retransmit, sell, or resell any portion of the property or content of this APP without the express written permission of Spoonful OS.

Third Party Products and Services

Spoonful OS APP may contain information from and links to unrelated third parties’ websites, applications or features (“third-party material”), or referrals to or from products or services of other third parties. If You choose to utilize or visit such third-party material, or use its products or services, be aware that You may be subject to the terms of use and privacy policy of that third party. Spoonful OS does not endorse any third-party product or service, or make any representation or warranty whatsoever regarding such third-party material. Spoonful OS may not be held liable or responsible for Your interaction with third-parties.

Paid Services

If you choose to subscribe to any of our enhanced, paid services like our Premium Subscriptions, you agree to the following payment and billing terms. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

  • Payment Terms

We offer certain upgraded or premium versions of the Services, the “Premium Services”), for a fee. By signing up for and using the Premium Services, you agree to our Terms, and any additional terms and conditions provided here. You also agree to waive your 14-day right of withdrawal at the moment you subscribe to the Premium Services to the maximum extent permitted by applicable law, so that you are able to immediately access them.

The Premium Services provide you access to certain enhanced features and functionality (e.g., symptoms tracking and ad-free experience). By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as ongoing subscription fees).

When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Services.

You can choose to pay for the Premium Services on a monthly or annual basis. Unless otherwise stated, all fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.

  • Termination or Cancellation of Premium Services

If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice).

You can cancel the Premium Services at any time. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month.

There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.

  • Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.  If you do agree with the new prices, do nothing and the updated pricing will be automatically billed to your account.

  • Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to Spoonful OS and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Spoonful OS reserves the right to cancel discounts and coupon promotions at any time.

  • Free Trials

We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer.

In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.

Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion.  We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services user after the Free Trial period.

If you decide you do not want to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Premium Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

Premium Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

 

Disclaimer

SPOONFUL OS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND REGARDING THE ACCURACY, COMPLETENESS OR SUFFICIENCY OF ANY INFORMATION PRESENTED IN THE APP OR THE SUITABILITY FOR USE OF THIS APP OR ANY INFORMATION PRESENTED IN THIS APP FOR A PARTICULAR PURPOSE.

IT IS SOLEY AND ULTIMATELY THE RESPONSIBILITY OF THE USER TO TAKE OR ADMINISTER THE PROPER MEDICATION AT THE PROPER TIMES. WE PROVIDE NO GUARANTEE THAT REMINDERS WILL BE SENT AND/OR RECEIVED IN A TIMELY MANNER OR AT ALL. WE TAKE NO RESPONSIBILITY, AND YOU INDEMNIFY US OF ALL LIABILITY, FOR ANY CONSEQUENCES ARISING FROM A USER NOT RECEIVING A REMINDER OR NOT TAKING OR ADMINISTERING MEDICATION IN A TIMELY MANNER AS A CONSEQUENCES OF NOT RECEIVING A REMINDER.

Indemnification and Waiver

YOU WILL INDEMNIFY AND HOLD SPOONFUL OS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR LIABILITY, LOSS, EXPENSE OR ANY OTHER DAMAGES, MONETARY OR OTHERWISE, INCURRED DUE TO THE USE OF THE APP IN A MANNER VIOLATING THESE TERMS OF USE. YOU AGREE TO WAIVE ALL CLAIMS, MONETARY OR OTHERWISE, INCLUDING ATTORNEY FEES, AGAINST SPOONFUL OS, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGTH TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUR OF ARBITRATION BELOW.

Updating These Terms

We may change our Service and policies, and We may need to make changes to these Terms so that they accurately reflect Our Service and policies. Unless otherwise required by law, We will notify You (for example, through Our Service) before We make changes to these Terms and give You an opportunity to review them before they go into effect. Then, if You continue to use the Service, You will be bound by the updated Terms. If You do not want to agree to these or any updated Terms, You can disable or delete Your account.