The Service allows you to inform people predetermined by you of your location and health status when you’re at a hospital. Iris reaches out to you via push-notification to check in and make sure you’re safe. If you respond that you are fine, no one is notified. If you’re not fine, Iris informs the predetermined people that you may be at a hospital based upon your location; in such a case, Iris also provides the information needed to reach you and/or the hospital.
While the Service does send you push notifications, you cannot use the Service to place any calls or send any messages. However, the Service does provide a feature that allows you to be routed to your native calling and messaging applications.
You need to be at least 13 years old to register for and use the Service. If you are a user who signs up for the Service, will create a personalized account that includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
You authorize Company and/or any other company who bills products or services, or acts as billing agent for Company to bill you in a manner consistent with your Subscription, starting on the date that you first register for a Subscription (the “Initial Subscription Date”). All monthly Subscriptions will be billed on a recurring monthly basis on the monthly anniversary of your Initial Subscription Date. All annual Subscriptions will be billed on a recurring annual basis on the annual anniversary of your Initial Subscription Date. Should you later decide to purchase additional Subscriptions, you will be billed the amount in full on the day that the additional purchase occurs (the “Additional Purchase Date”), after which, if a recurring purchase, the additional purchase will be billed on your same Initial Subscription Date anniversary, consistent in the manner as described above.
All Subscriptions will automatically renew for successive terms of the same previous duration, requiring no additional action on your behalf. Company is not required to provide you notice of the automatic renewal. Should you desire to end the automatic renewal of your Subscription, if Company has not yet provided the functionality to delete your account, you must provide written notice to email@example.com detailing your request to terminate (the “Termination Request”). In the case of a monthly Subscription, the Termination Request must be received no later than the date prior to the date of term renewal. In the case of an annual Subscription, the Termination Request must be received no later than the date prior to the date of term renewal. There is no proration of such charges if service is terminated in the middle of your billing cycle. You agree to pay the full Subscription price for the period of the Subscription purchased.
All Subscriptions are non-refundable and charges to your credit card will occur immediately upon the expiration of the prior pre-paid period, unless you provide a proper Termination Request, consistent in the manner as described above. Company provides no refunds for ordered and unused services, or for ordered services that have been altered at your request at any point in time within the current billing cycle.
You will provide Company with updated credit card information upon Company's request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating your credit card information. Company is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number, and you agree that Company is not liable for any fees incurred as a result of providing a debit card instead of credit card.
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
While the Company has endeavored to create a secure and reliable Service, please be advised that the confidentiality of any communication or material transmitted to/from the Service over the Internet cannot be guaranteed. Accordingly, Company is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained within the Service, or for the consequences of any reliance on such information. Furthermore, the Service and any messages sent through it are meant to assist you in connecting with or staying connected to those individuals that are important to you; the Service is not meant to be your sole means of tracking emergencies with such important individuals. Company shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Service.
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying Company of any unauthorized use of your account, or breach of your account information or password. Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify Company about unauthorized use of your account or breach of your account information or password.
You will use the Service in full compliance with all applicable laws and regulations with regard to your use of the Services.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, COMPANY PROVIDES THE SERVICE ON AN “AS IS, AS AVAILABLE AND WITH ALL FAULTS” BASIS, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE SERVICES OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING. COMPANY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY INTERRUPTION OF THE SERVICE, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. COMPANY WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE SERVICE, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SERVICE. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE SERVICE.
Company reserves the right to change or discontinue at any time any aspect or feature of the Service. To the extent that the state in which you reside does not permit the exclusion or limitation of liability for incidental or consequential damages, the above disclaimer of warranty and limitation of liability may not apply to you.
ANY CLAIM RELATING TO IRIS’S SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF SOMERSET, STATE OF NEW JERSEY AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS AGREEMENT, OR A PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. A PRINTED VERSION OF THIS AGREEMENT SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.
By the nature of Company, the Site, the App, and the Service, its operation and purpose may require that we collect health and/or medical information that may be protected under HIPAA or other state and/or federal law or regulation. As such, you authorize Iris to release such health and/or medical information as directed by you to any party whom you share such information with using the Site. You understand and acknowledge that the period of this authorization shall last so long as you continue to use the Site, and that you may revoke such authorization at any time by discontinuing your use of the Site.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.