Service and Registration Process
The Service is designed to assist you (“you,” the “User”) in monitoring and tracking a portion of your vitals and symptoms of your chronic lung condition between healthcare visits. You may use the Service in connection with the Product only after you have purchased the Product or received it from a healthcare provider, insurance company or other entity (“Sponsor”).
Whether you purchase the Product from AIRx Health or receive it from a third-party Sponsor, such as a health-care provider, employer or an insurance company, the terms of this Agreement will apply to the use of the Service.
Any information you provide AIRx Health shall be accurate, complete and updated. You are solely responsible for the activity that occurs on your account and for maintaining the security of the Application and any information you input to the Application. You shall not use or access another user’s account without such other user’s express permission. You will immediately notify AIRx Health in writing of any unauthorized use of your account, or any other account-related security breach of which you are aware. The Service is available only to individuals who are adults.
Registration and Account Integrity
a) As part of the registration process you will need to create an account, including your name and phone number. It is your responsibility to ensure that the information you provide is accurate, not misleading and secure. We reserve the right with or without notice to suspend or terminate any account in breach.
b) Where we provide an organization with a number of user licenses for the Service, the same terms related to registration and account integrity outlined in this section must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organization.
c) If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details..
Use of Your Information
Not Medical Advice
AIRx Health does not offer medical advice or diagnoses, or engage in the practice of medicine. Our Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment and is offered for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions regarding your medical condition or the use (or frequency) of any medication or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with our Service.
You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by AIRx Health or in connection with the Service is solely at your own risk.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Third Party Services and Sharing of Personal Data
AIRx Health may provide Users with links to, or contact information for, third party sites or services. AIRx Health is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.
AIRx Health will provide API access to customers and partners on a case-by-case basis. We traditionally only provide access to AIRx Health APIs to professional or enterprise customers (health systems, insurance companies, pharmaceutical companies, ACOs, physicians and other partners). To request API access, contact email@example.com.
Use of any third party sites and/or services is solely at your own risk.
AIRx Health also may enter into business arrangements with third-parties, including Sponsors, which will allow you to share your personal data with them. Whether to share your personal data with these third-parties will be up to you. By properly following instructions provided to you by AIRx Health and these third-parties, you will be able to decide whether you want to share any personal data with these third-parties.
Sharing of your personal data with a third-party is solely at your own risk.
Rules and Conduct
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on AIRx Health’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures AIRx Health may use to prevent or restrict access to the Service (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Service; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
Alerts Provided By AIRx Health
AIRx Health may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made to your AIRx Health account. Voluntary account alerts may be turned on by default as part of the Service. Some of these alerts may then be customized, deactivated or reactivated by you. These alerts allow you to choose certain alert messages for your accounts. AIRx Health may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be pushed to the AIRx Health Application, presented when you access the Service with a web browser or can be sent to the email address or phone you have provided as your contact for AIRx Health. If your phone number or email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have certain alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include some information about your accounts. Information such as average oxygen levels and related patterns, or medication information may be included. Anyone with access to your email or mobile device will be able to view the content of these alerts.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. AIRx Health will do its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that AIRx Health shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Commercial Use Requires Separate Agreement
As noted above, the Service (including without limitation, any Content) is provided to you for your personal, non-commercial use. If you are interested in using AIRx Health in a professional or commercial environment including accessing data from individual AIRx Health users leveraging the AIRx Health CSV or Application Programmer Interfaces (API’s), you must contact AIRx Health to obtain and agree to other written terms and conditions (e.g. a HIPPA Business Associate Agreement/BAA).
Fees and Payment
Though the use of our website and the Application is currently free in some countries, we reserve the right to require payment of fees for certain or all Services. In the numerous countries or regions, use of Services require that a User pay fees. During or after registration for the Service, AIRx Health will supply details associated with the fees in these countries and how to pay the necessary fees. You understand and agree that the purchase or use of the Product is governed by the Product Terms of Sale. You agree to timely pay all applicable fees in connection with your use of the Service. We reserve the right to change our fees and to institute new charges at any time, with no less than sixty (60) days prior notice to you, which may be sent by email or posted on the Service. Your use of the Service following such notification constitutes your acceptance of any new or increased charges.
Pricing, Plans and Features
For current pricing and plans please contact AIRx Health @ firstname.lastname@example.org.
Payment and Credit Control
a) All services are automatically billed monthly charged via the credit/debit card you provided when purchasing the AIRx Health subscription service.
b) Where the Service has been paid for 1 month in advance, payment will be taken in full on each anniversary.
c) It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
d) Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
e) It is the responsibility of the user to notify AIRx Health of their transition to a Sponsored account, otherwise they’ll continue to be billed.
Our return policy will be a “no questions asked” refund for the first 30 days after purchase. For product defects, a free replacement will be provided for the duration of the user’s subscription, after the customer returns the defected product to AIRx Health. The customer is responsible to cover the return shipping costs.
There is no cancellation fee.
AIRx Health offers email-based and online support tools. You may access support resources or contact our support by visiting https://support.AIRxHealth.com/. In some countries, regions or associated with certain partners, AIRx Health may direct you to obtain support from 3rd party service providers. AIRx Health does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems you may be having. Any suggestions by AIRx Health regarding use of the Services shall not be construed as a warranty.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. AIRX HEALTH AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIRX HEALTH (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM OR (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF AIRX HEALTH HAS BE ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You also acknowledge and understand that, with respect to any dispute with AIRx Health, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
-YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND
-YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
In order to use the Service, you must download the Application, access it with a web browser or communicate via phone. The following shall apply to your use of the Service in connection with the Application:
Both you and AIRx Health acknowledge that this Agreement is concluded between you and AIRx Health only; and not with Apple or Google or any other manufacturer’s products that you might use to access AIRx Health, and that Apple or Google or or any other manufacturer’s products that you might use to access AIRx Health is not responsible for the Application or the Content;
-The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis. The Application is solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
-You will only use the Application in connection with an Apple or Android device that you own or control;
-You acknowledge and agree that Apple/Google 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 such 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 AIRx Health, and not Apple or Google, 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 upon that third party’s intellectual property rights, AIRx Health, and not Apple or Google, 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 AIRx Health 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 AIRx Health acknowledge and agree that Apple/Google and Apple’s/Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
AIRx Health may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the AIRx Health site and/or e-mailed to you. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
If you have any questions regarding the Service, please contact AIRx Health at email@example.com, or you may fill out this form.
AIRx Health, Inc. Cupertino, California USA 95014
Effective Date: Feb 20, 2019