Kindly review the following Terms of Use (“Terms”) attentively. Smart PillBox, Inc. (“Smart PillBox”) provides these Terms, which regulate and pertain to your utilization of www.SmartPillBox.health, as well as the services offered through Smart PillBox’s website, mobile applications and pill box (together referred to as the “Service”). Your access to or use of our Service signifies your acceptance and commitment to comply with all the terms and conditions outlined in these Terms. If you do not agree to all of these terms and conditions, DO NOT USE OUR SERVICE.
IMPORTANT NOTICE! THE SERVICE IS DESIGNED TO HELP YOU ORGANIZE, UNDERSTAND, AND MANAGE HEALTHCARE-RELATED INFORMATION. IT IS NOT MEANT TO OFFER HEALTH OR MEDICAL ADVICE. USING THE SERVICE DOES NOT ESTABLISH A PATIENT RELATIONSHIP BETWEEN SMART PILLBOX AND YOU. IT IS NOT A SUBSTITUTE FOR CONSULTING WITH A HEALTHCARE PROFESSIONAL. NEVER IGNORE MEDICAL ADVICE OR POSTPONE SEEKING IT BASED ON INFORMATION FROM THE SERVICE, MESSAGES, OR LACK OF MESSAGES YOU RECEIVE THROUGH THE SERVICE.
WE HOPE YOU UNDERSTAND THAT THE PURPOSE OF THIS SERVICE IS TO ASSIST YOU IN ORGANIZING, COMPREHENDING, AND MANAGING INFORMATION RELATED TO HEALTHCARE. IT IS NOT INTENDED TO PROVIDE ADVICE ON HEALTH OR MEDICINE. UTILIZING THIS SERVICE DOES NOT CREATE A PATIENT RELATIONSHIP BETWEEN SMART PILLBOX AND YOU. IT CANNOT REPLACE CONSULTATION WITH A HEALTHCARE PROFESSIONAL. DO NOT DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BASED ON THE INFORMATION OBTAINED FROM THIS SERVICE, MESSAGES, OR ABSENCE OF MESSAGES YOU RECEIVE THROUGH IT.
YOU UNDERSTAND AND AGREE THAT OUR PROVISION OF THE SERVICE DEPENDS ON VARIOUS THIRD-PARTY PROVIDERS, INCLUDING THOSE FOR CALENDARING AND PUSH NOTIFICATIONS. WE, AT THIS MOMENT, DISCLAIM ANY LIABILITY REGARDING THE SERVICES RENDERED BY SUCH PROVIDERS. IT WOULD HELP IF YOU DID NOT DEPEND ON THE SERVICE FOR LIFE-THREATENING CONDITIONS OR ANY OTHER SCENARIO WHERE THE TIMELY ADMINISTRATION OF MEDICATIONS OR OTHER TREATMENT IS CRITICAL.
THIS MARKS THE VERY FIRST VERSION OF THE SMART PILLBOX SERVICE. THIS MEANS THERE WILL BE BUGS, DEFECTS AND DISRUPTIONS IN THE SERVICES. Smart PillBox IS NOT RESPONSIBLE FOR ANY MALFUNCTIONS, INTERRUPTIONS TO SERVICE, FAILURES OF THE SERVICE, BUGS, DEFECTS, OR UNAVAILABILITY.
WHEN Smart PillBox RELEASES FEATURES THAT ALLOWS CAREGIVERS TO RECEIVE REAL-TIME DATA FROM THE DEVICE, CAREGIVERS CAN ONLY BE INFORMED IF THE Smart PillBox DEVICE AND APP ARE CONNECTED VIA BLUETOOTH. It is advisable to keep your phone near the device and ensure that Bluetooth is activated on your phone.
When Smart PillBox releases a feature that allows caregivers to stay updated with data from the Smart PillBox, caregivers will receive one of the following four messages:
These messages might have personal details about your medicine schedule. Smart PillBox isn’t accountable if someone other than you sees this information.
Standard data fees and text messaging rates may apply based on your plan with your mobile phone carrier.
By clicking “Set Notifications,” you:
Agree to receive compliance updates through text messages at the provided phone number.
Recognize that sharing personal information over the internet and via text messages is not completely secure, and you are doing so at your own risk.
Take full responsibility for the information in these messages and any charges from your mobile carrier.
USE OF THE SERVICE
The Smart PillBox App enables you to utilize the Service through our mobile or web-based applications, which we may provide occasionally (referred to as the “App”). It is designed to work with our Smart PillBox pill box (“Smart PillBox”). The Services include a convenient feature for setting reminders for prescription medications (“Medications”) and nutritional supplements (“Supplements”). In the future, there may also be an option to receive alerts about potential drug interactions or side effects based on the Medications and Supplements you input into the system, as explained below. To download and use the App and the Smart PillBox, you must be at least 18 years old.
As long as you adhere to these Terms, you have the right to download and install the App onto your mobile device and to access and utilize the Service for your personal use. However, you are not allowed to:
The terms below apply to any App accessed through or downloaded from any app store or distribution platform (such as the Apple App Store or Google Play) where the App is currently or may be made available in the future (each referred to as an “App Provider”). You acknowledge and agree that:
These Terms are an agreement between you and Smart PillBox, not with the App Provider. Smart PillBox, not the App Provider, is solely responsible for the App. The App Provider is not obligated to provide any maintenance and support services.
If the App fails to meet any applicable warranty, you can notify the App Provider, and they will refund the purchase price for the App to you (if applicable). To the maximum extent allowed by applicable law, the App Provider will have no other warranty obligation concerning the App. Any other claims, losses, liabilities, damages, costs, or expenses resulting from a failure to meet any warranty will be the sole responsibility of Smart PillBox.
The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third-party terms of service when using the App.
USE Smart PillBox AT YOUR OWN RISK
While we aim to offer reminders and accurate information through the Service, we do not endorse, represent, or warrant that the reminders will function as intended, nor do we guarantee the accuracy or reliability of provided Content, information, services, or recommendations.
The reminders are intended as a supplement to the prescribed use of Medications by healthcare providers and the instructions provided by Supplement manufacturers or as directed by healthcare professionals. YOU ARE RESPONSIBLE FOR ADHERING TO THE SPECIFIC INSTRUCTIONS OF YOUR HEALTHCARE PROVIDER.
We are not accountable for the accuracy, reliability, effectiveness, or proper use of the information you receive through the Service. If you rely on any content provided through the Service, you do so entirely at your own risk.
USE OF THE SMART PILLBOX
Read the instructions that come with your Smart PillBox and mobile application carefully. Pay special attention to the instructions about using the Service, proximity and syncing the Smart PillBox. The Smart PillBox is configured for one Account per device. Smart PillBox comes with a rechargeable battery, so make sure to charge your Smart PillBox periodically.
The Smart PillBox does not lock. You are responsible for storing the Smart PillBox securely, away from pets, children, and unauthorized individuals.
Additionally, the Smart PillBox is not waterproof. Exercise caution to prevent it from falling into sinks, bathtubs, pools, or other locations where it may become submerged or wet.
The Smart PillBox may be sensitive to strong magnets or powerful electric fields. Therefore, avoid placing it near strong magnets or within strong electric fields.
Notably, the Smart PillBox is not time-zone sensitive. If you change time zones, it is necessary to re-enter information and sync it with the Smart PillBox. When traversing security-screened areas, such as airports, it is advisable to carry labels or evidence of prescriptions to show screening officials.
If the Smart PillBox completely runs out of battery, the Smart PillBox’s clock will not be set to the correct time whenever the Smart PillBox is recharged. Consequently, you must charge the Smart PillBox battery and connect it to the mobile App via Bluetooth for the device to ring at the correct times. By simply connecting the Smart PillBox to the mobile App via Bluetooth, the App will program the Smart PillBox to the correct time, and your alarms should ring at the correct time.
If a red light flashes on your Smart PillBox, it signals an error indicating that the time on the device is incorrect. In this state, any programmed alarms will not activate on the Smart PillBox. Connect your Smart PillBox to the Smart PillBox mobile app via Bluetooth to rectify this issue.
The Smart PillBox contains a lithium-ion battery. Rechargeable Lithium Ion batteries are potentially hazardous and can present a serious Fire Hazard if damaged, defective, or improperly used. To prevent problems with the battery, keep the battery in an environment with a temperature between 50°F and 80°F; do not attempt to charge an unhealthy battery; charge the battery in a fire-safe environment, and do not damage the battery.
Be sure to keep Smart PillBox indoors in an air-conditioned environment so that the medications inside the device do not overheat or melt, the electronics do not overheat, and the plastic does not overheat or melt.
Make sure to clean and sanitize the Smart PillBox properly to avoid contamination. Follow these four easy care tips to reduce the risk of contamination: (1) Keep it clean; (2) keep it dry; (3) keep it away from direct sunlight or heat sources; and (4) throw away the Smart PillBox if it has touched harmful substances. For additional details, visit www.SmartPillBox.com. If you experience unusual health issues, stop using the Smart PillBox immediately and consult a doctor.
CONSULT YOUR DOCTOR BEFORE USING Smart PillBox Service
The Smart PillBox Service is not designed to diagnose, treat, cure, or prevent any disease. Suppose we provide Content through the service, and you have a medical condition. In that case, you should consult your doctor before using the Service, starting an exercise program, or changing your diet. In case of a medical emergency, cease using the Service and seek advice from a medical professional. We disclaim responsibility for any health issues arising from training programs, dietary recommendations, consultations, products, or events you come across through the Service. If you partake in any exercise program obtained through the Service, you acknowledge that you do so at your own risk and voluntarily participate in these activities.
USE COMMON SENSE
Use of the Smart PillBox Service should not replace your good judgment and common sense. Please read and comply with all safety notices that may be issued by Smart PillBox from time to time in connection with the Smart PillBox or Service.
CREATING AN ACCOUNT
To utilize the Smart PillBox App, you need to register (refer to our Privacy Policy for details) and create an account (“Account”). Doing so affirms that you are legally eligible to enter into a binding contract. When setting up your Account, ensure that the provided information is accurate, truthful, and pertains only to yourself unless you have explicit permission to create an account on behalf of someone else.
We reserve the right to suspend or terminate your Account if any information furnished during registration or afterward is found to be inaccurate, false, or in violation of our Terms or if you have created more than one Account.
Maintaining the confidentiality of your password and Account is your responsibility. Notify us immediately if your password is lost, stolen, or disclosed to an unauthorized third party or if you suspect any compromise. You are accountable for activities occurring under your Account.
Content Submissions
Our Service empowers you and other users to input, store, share, and make available certain information, text, or Content (“Content”) to the App or through our third-party social media providers and accounts (“TP Sites”). You are responsible for the Content you post, ensuring its legality, reliability, and appropriateness. By posting Content, you grant us the right and license to utilize, modify, display, reproduce, sell, and distribute such Content (occasionally anonymized to protect confidentiality) on and through the Service or TP Sites. This license includes making your Content accessible to other Service users or the public, who may use it by these Terms. You retain all rights to the Content you submit on or through the Service, and you are responsible for protecting those rights. Refer to TP Sites for their rules on Content posted, shared, or distributed.
You can remove the Content that you posted by specifically deleting it. In certain instances, however, some Content may not be completely removed (for example, TP Sites), and copies of your Content may continue to exist on the Service and elsewhere. We are not responsible or liable for removing or deleting (or failing to remove or deleting) any Content on the Service or TP Sites.
You warrant that: (i) the Content is yours, or you have the right to use and grant us the rights and license as specified in these Terms, and (ii) posting your Content on or through the Service or TP Sites does not infringe on others’ rights.
When using the Service, please respect our platform and third parties. Do not submit material that violates others’ rights, is unlawful, obscene, defamatory, or encourages inappropriate conduct. Additionally, refrain from impersonating others or harvesting information for any purpose.
While we’re not obligated to monitor your use of the Service or review all Content, we reserve the right to do so to operate the Service, ensure your compliance with these Terms, or meet legal obligations. We can remove or disable access to any Content violating these Terms or harming the Service. We also have the authority to direct TP Sites to remove Content as per these Terms. We retain the right to suspend or terminate your Account and use the Service at any time.
We request your respect for our Service and third parties while posting Content and utilizing the Service. When using the Service or submitting Content, agree not to:
This guideline is illustrative and not exhaustive. While we’re not obligated to monitor all your activities, we reserve the right to review, edit, or remove any Content that violates these guidelines.
This list serves as an example and is incomplete. While we are not obligated to monitor your access to the Service or review all Content, we retain the right to do so to operate the Service, ensuring your compliance with these Terms, or meeting legal obligations. This may include complying with applicable laws or responding to orders or requirements from a court, administrative agency, or other governmental body. We reserve the right, without prior notice, to remove or restrict access to any Content that we, in our sole discretion, consider to violate these Terms or harmful to the Service. You acknowledge our authority to direct a TP Site to remove Content by these Terms.
We also reserve the right to suspend or terminate your Account and your use of the Service at any time.
Third Party Content & Services
Through the Service, we may grant you access to third-party Content, such as information on Medications and Supplement interactions, news articles, and other materials, along with third-party services like calendaring and text messaging. Smart PillBox, at this moment, DISCLAIMS ANY LIABILITY concerning ANY SUCH THIRD PARTY-CONTENT OR THIRD-PARTY SERVICES. WITHOUT LIMITING THE PRECEDING, YOU UNDERSTAND AND AGREE THAT SUCH THIRD PARTY-CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. YOUR HEALTHCARE-RELATED SITUATION IS PERSONAL TO YOU, AND THE THIRD-PARTY CONTENT MAY NOT BE APPROPRIATE OR RELEVANT FOR YOUR SITUATION. AS STATED ABOVE, THE SERVICE IS NOT INTENDED TO PROVIDE HEALTH OR MEDICAL ADVICE, AND BEFORE MAKING ANY DECISIONS THAT MAY AFFECT YOUR HEALTH, YOU SHOULD CONSULT A HEALTHCARE PROFESSIONAL.
The Service and Smart PillBox require internet or network connectivity. Any individual with the Smart PillBox mobile app or an app capable of transmitting information via Bluetooth can access and modify settings and alarm times for any Smart PillBox. Smart PillBox does not assume responsibility for the security of your Smart PillBox pill box, as third parties may attempt to attack or hack it, potentially disrupting your use of the Service. Smart PillBox is not liable for unauthorized third-party access. Additionally, Smart PillBox is not responsible for network availability and cannot guarantee the absence of service interruptions. The security of your internet connection or network is also your responsibility, as third parties may attempt to attack or hack them, affecting your use of the Service or the Smart PillBox. Smart PillBox disclaims responsibility for unauthorized third-party access in such instances.
Unauthorized Activities
Our Service is intended for lawful purposes only. While using or accessing the Service, you agree not to engage in the following activities:
We reserve the right to investigate and prosecute violations of the above terms and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
INDEMNITY
You agree to protect us from any costs, damages, liabilities, and expenses (including attorneys’ fees) we face because of any claim or demand from a third party related to your use of the Service or the use of the Service by anyone using your Account.
LINKS TO THIRD PARTY SITES
The Service may contain links to other sites and services not operated by us. We provide these links for your convenience and are not responsible for the Content or links on those sites. You are responsible for and assume all risks associated with using or relying on third-party sites.
OWNERSHIP
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all rights, titles, and interests in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including Content provided by us or our third parties through our Service. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Smart PillBox, and you, at this moment, irrevocably assign to us all of your right, title, and interest in and to all Feedback.
TERMINATION
Suppose you violate any of the terms outlined in these Terms, which include, but are not limited to, failure to make the necessary payments for the right to use the Service as specified by our periodic charges. In that case, we reserve the right to suspend or disable your access to, or use of, the App and Service. If you choose to discontinue your use of the App and Service, you can reach out to us at hello@SmartPillBox.com.
Upon termination, we may remove your Content. We intend to delete most information within thirty (30) days of termination. However, certain Content or information may be retained on our servers or elsewhere even after your Account has been deleted. We are not liable for any data loss resulting from the deletion of your Account or Content. If you wish to obtain a copy of your data, you can contact us at hello@SmartPillBox.com within ten (10) days of termination to inquire about retrieving a copy of the data you inputted into the Service.
DISCLAIMER
You understand and agree that the App and the Service are provided to you “AS IS” and on an “AS AVAILABLE” basis. In no event shall we be liable for any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We explicitly disclaim any warranties arising out of the course of dealing or usage of trade.
We do not guarantee that the App or the Service will meet your specific requirements or be available on an uninterrupted, secure, or error-free basis. We are not accountable for any disruptions or unavailability of third-party services provided by service providers (such as calendaring or messaging).
LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU ARISING FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE USE OF THE APP AND SERVICE, IF ANY PAYMENTS WERE MADE TO SMART PILLBOX, OR $50, IF NO PAYMENTS WERE MADE TO SMART PILLBOX, AS APPLICABLE. WE SHALL NOT BE HELD LIABLE FOR ANY ALLEGED VIOLATIONS OF THE TEXAS DECEPTIVE PRACTICES ACT.
WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF CONSORTIUM, DAMAGES FROM EMOTIONAL DISTRESS, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. SUCH DAMAGES MAY RESULT FROM (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP AND/OR SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THIS APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS DISCLAIMER, PLEASE CONSULT WITH YOUR ATTORNEY OR CONTACT US AT HELLO@SMARTPILLBOX.COM.
EXCLUSIONS
Certain jurisdictions may not permit the exclusion of specific warranties or the limitation or exclusion of liability for consequential or incidental damages. Therefore, the limitations stated above may not apply to you.
GENERAL
These Terms are governed by the laws of the State of Texas without regard to any conflict of laws, rules, or principles. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions will continue to be in effect. These Terms constitute the entire agreement between us concerning our Service, supplanting any prior agreements regarding the Service. If we make any material changes to these Terms, we will notify you through the Service, email, or other notifications and specify when such changes will take effect. Your continued access or use of our Service after the effective date of the revisions indicates your acceptance of the amended Terms.
QUESTIONS & CONTACT INFORMATION
If you have any inquiries regarding our Terms, please get in touch with us at support@pillbox.health.
