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Terms of Service

Terms of Service

1. Introduction and Acceptance of Terms

1.1. Introduction.

Welcome to Arii, provided by Arii LLC and its affiliates (“Arii,” “we,” “us,” or “our”). These Terms of Service, including any document incorporated by reference (collectively, the “Terms”) constitute an agreement between you and Arii and govern your access and use of our mobile application (“App”) and any other services, websites, or content provided by us (collectively (including the App), the “Services”).

By accessing the Services, you agree to be bound by these Terms and consent to our Privacy Policy. You also confirm you have read and agree to our Consumer Health Privacy Notice. If you have any questions relating to any of our legal documents, please contact us at [email protected]. If you do not agree to our Terms, you may not access the Services.

1.2. NO MEDICAL ADVICE OR DIAGNOSIS.

  1. Uses. While you may use the Services for health and wellness related purposes, the App is not intended to provide medical advice, diagnosis, or treatment. The Services do not operate under any licensing authority and any Output (as defined below) provided by the Services is not intended to be and should not be considered diagnostic or medical advice, or as providing any health or medical-related recommendation.
  2. Seek Professional Advice. We encourage you to always seek health and medical advice from a qualified healthcare professional for any health condition (whether physical or mental), including advice for any information, content, or outputs provided by the Services (“Output”). Never disregard a healthcare professional’s advice, delay seeking medical advice, or cancel an appointment with a medical professional because of Output.
  3. Your Decision. You are ultimately responsible for seeking professional medical advice. You should not take any action based on any Output without first consulting a qualified medical professional.

1.3. MEDICAL EMERGENCY.

In case of a medical emergency, immediately call your doctor or emergency services.

1.4. General Notices.

While it is import for you to understand all our Terms, below are a few areas you should ensure you acknowledge and review:

  1. Binding Arbitration. Section 16.1 of the Terms includes an agreement for you to settle all disputes (with limited exceptions) between Arii and you through binding and final arbitration.
  2. Waiver of Right to Jury Trial and Class Action. Sections 16.2 and 16.3 of the Terms include a waiver of your right to a jury trial and to bring a class action against us for claims relating to the Services.
  3. Automatic Renewal. By signing up for the Services, you agree that your subscription will automatically renew monthly at our then-current pricing. However, you may cancel your subscription or delete your account at any time. If you cancel your subscription, you will have access to the Services for the remainder of your monthly subscription period.
  4. AI Use. As detailed in Section 8, the Services use AI Services to provide Output. You agree to ensure Output is reviewed by or discussed with an appropriate medical professional. AI Services are unpredictable and may produce inaccurate information.

1.5. Understanding and Authority.

You represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms, (2) you are at least 13 years old (if in the United States) or of the legal age to digitally consent to these Terms under applicable law (if outside the United States), and (3) you have the authority to enter into these Terms personally or on behalf of the person you are representing.

1.6. Changes.

The Terms and the Services are subject to change by us in our sole discretion at any time. Your continued use of the Services following the posting of the updated Terms or Services functionality constitutes your acceptance of any changes.

 

2. Description of Service

2.1. Overview.

Arii is a health and wellness application that provides health and wellness related services, including but not limited to symptom assessments, health, wellness, and prescription tracking, and access to health-related resources.

2.2. Monitoring.

We may monitor your use of the Services to ensure your compliance with the Terms.

2.3. Data Use.

We may use data derived from your use of the Services, including data relating to the performance, your use of functionality, sessions, and similar data, analytics, or metrics of the Services (“Analytics”) for development, operational, and improvement purposes. Analytics will be aggregated and de-identified so it cannot be used to identify you.

 

3. Registration and Account Security

3.1. Account Registration.

To access the Services, you are required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. In some cases, you may need to create an Apple, Inc. (“Apple”) App Store (“App Store”) account to use the Services.

3.2. Account Security.

You are responsible for safeguarding your account credentials and for all activities or actions under your account. You may not share access to your account with anyone else or create multiple accounts. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3. Termination or Suspension.

We reserve the right to disable or suspend your account at any time if, in our opinion, you have failed to comply with any provisions of these Terms or if activities occur on your account which we determine to be illegal or harmful to others.

 

4. Privacy and Data Protection

4.1. Privacy Policy and Consumer Health Privacy Notice.

Our Privacy Policy and Consumer Health Privacy Notice explain how we collect, use, and share information about you when you use the Services. By using the Services, you consent to our collection, use, and sharing of information as described in those policies. Arii may update these documents from time to time, and upon your subsequent use of the App, you agree to such changes.

4.2. Your Consent.

You understand that through your use of the Services, you consent to the collection and use of the information described in the Privacy Policy and Consumer Health Privacy Notice, including the transfer of this information to the United States and/or other countries for storage, processing, and use by us, our affiliates, and our third-party service providers.

4.3. Child Privacy.

We are committed to protecting the privacy of children. The App is not intended or designed to attract children under the age of 13 and we do not collect any User Content from any user that we have actual knowledge of being under the age of 13.

 

5. User Content and License Grant

5.1. User Content.

The Services allow you to voluntarily input, upload, or otherwise make available certain information, data, files, or other materials of yours (“User Content”) to the App, including but not limited to healthcare data and Personal Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act (“HIPAA”). User Content must only relate to you and may not include any information about any other third party. You may submit User Content directly or through an integration with an available third party. You are responsible for your User Content and all activity occurring under your account.

5.2. Our License.

By making User Content available through the Services, you grant to us a non-exclusive, transferable, worldwide, royalty-free license to use and process User Content in connection with performing the Services. To the extent you make User Content publicly available on the App with other users, the license right in this Section 5.2 includes a right to publicly display the User Content that you shared.

5.3. Your Warranties.

With respect to User Content, you represent and warrant that:

  1. you own or have the right to grant the rights and licenses set forth in these Terms; and
  2. the posting of User Content on or through the Services does not violate the privacy or other legal rights of any person or entity.

6. Using the App.

6.1. Right to Use.

We grant you a limited, non-transferable, non-sublicensable, non-exclusive, and revocable right to use the Services solely for your personal and non-commercial use.

6.2. General Prohibited Uses.

You agree not to use the App:

  1. in any way that violates any applicable law or regulation, including any data privacy or intellectual property rights, or export laws and regulations;
  2. to transmit or create any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
  3. to impersonate or attempt to impersonate us, another user, or any other person or entity;
  4. to engage in any conduct that: (i) is harassing, obscene, defamatory, or (ii) restricts, impairs, or inhibits anyone’s use of the Services, or which, as determined by us, the Services availability;
  5. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
  6. introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  7. attempt to gain unauthorized access to the Services;
  8. copy, modify, create derivative works of, reverse engineer, perform competitive analysis, decompile, disassemble, or web scrape the Services, or otherwise attempt to discover software code, technologies, or intellectual property;
  9. to reproduce, resell, sublicense, transfer, or distribute the Services, or publicly display or transmit any Output or Services generally; or
  10. to delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services or any Arii websites.

7. Our Intellectual Property Rights

7.1. The App.

The Services, including any derivatives thereof, are owned by us and our licensors.

7.2. Feedback.

We may freely use and incorporate into the Services any suggestions, requests, feedback, or submissions by you to us or that you submit to an Arii community forum or group in the Services (“Feedback”). You agree that Feedback and all associated intellectual property rights are the property of Arii, and you assign us all right, title, and interest to any Feedback.

8. Artificial Intelligence and Disclaimers

8.1. Artificial Intelligence.

The Services utilizes artificial intelligence and machine learning model(s), including third-party AI tools (“AI Services”) to provide personalized responses from the Services (including through Agents) via Output. By using the App, you consent to us sharing your User Content with providers of AI Services to the extent necessary to provide the Services. “Agent” means a pre-configured combination of an artificial intelligence model with available data source(s) (Inputs, APIs, and/or any other User Content or technology in or submitted to the Services by or on behalf of You (“Input”)) which sends You Output.

8.2. Disclaimer of AI Services.

YOU ACKNOWLEDGE THAT RESPONSES GENERATED BY AI SERVICES MAY NOT ALWAYS BE ACCURATE OR APPROPRIATE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH AI SERVICES. AI SERVICES MAY NOT ACCOUNT FOR THE FULL COMPLEXITY OF INDIVIDUAL HEALTH SITUATIONS OR THE LATEST MEDICAL RESEARCH. OVERRELIANCE ON AI-GENERATED HEALTH INFORMATION MAY LEAD TO MISUNDERSTANDING OF YOUR HEALTH CONDITION OR INAPPROPRIATE SELF-DIAGNOSIS. FOLLOWING AI-GENERATED RECOMMENDATIONS WITHOUT PROFESSIONAL MEDICAL CONSULTATION COULD POTENTIALLY WORSEN EXISTING HEALTH CONDITIONS OR DELAY NECESSARY MEDICAL TREATMENT AND AI SERVICES CANNOT REPLACE THE EXPERTISE, CLINICAL JUDGMENT, AND PERSONALIZED CARE PROVIDED BY A QUALIFIED HEALTHCARE PROFESSIONAL. THE AI SERVICES DO NOT HAVE ACCESS TO YOUR COMPLETE MEDICAL HISTORY, PHYSICAL EXAMINATION FINDINGS, OR DIAGNOSTIC TEST RESULTS, WHICH ARE CRUCIAL FOR ACCURATE MEDICAL ASSESSMENT AND ADVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR RECOMMENDATIONS PROVIDED BY OUR AI SERVICES, INCLUDING OUTPUT, AND THE SERVICES. YOU AGREE THAT YOUR USE OF ANY AI SERVICES FEATURES IS AT YOUR OWN RISK, AND YOU WILL NOT HOLD US LIABLE FOR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON AI SERVICES.

8.3. Proper Use.

You agree to use the AI Services as a supplement to your health and wellness activities only, and not as a substitute for professional medical advice, diagnosis, or treatment.

8.4. AI Services Restrictions.

You agree not to use or attempt to use AI Services for or to (as applicable):

  1. violent, hateful, illegal, obscene, sexually explicit, or emotionally harmful conduct;
  2. endanger children or any person;
  3. compromise a person’s personal information or privacy;
  4. create a political campaign or interference with elections;
  5. predatory, abusive, or fraudulent conduct, or misrepresentations of information;
  6. censorship, law enforcement, or criminal justice related use;
  7. any professional or highly regulated industry use (healthcare, legal, financial, employment, or similar use); or
  8. any use prohibited by applicable law.

8.5. Requirements.

When using AI Services, you agree to:

  1. Review. Have a qualified health professional review any Output or consult with a qualified medical professional before acting on an Output; and
  2. Note Temporal Limitations. Exercise caution with recent topics as AI Services have knowledge cutoffs.

9. Third-Party Services.

The App may contain links to other websites, connections to third party services, or resources operated by third parties (“Third Party Services”). Third Party Services are provided for your information only and we are unable to influence the content, resources, and services. You agree that we are not liable for any Third-Party Services or for any violation of any Third-Party Service provider’s terms, conditions, and policies by you. You agree to review and agree to the applicable terms, conditions, and policies of any Third-Party Services. If you elect to use Third-Party Services with the Services, you consent to the transmission and exchange of User Content with the Third-Party Services. Your use of Third-Party Services is at its own risk.

10. App Store.

10.1. Relationship.

The availability of the Services is dependent on the App Store. These Terms apply to the contractual relationship between you and Arii, and not to your contractual relationship with the Apple. However, Apple and its subsidiaries are third-party beneficiaries to these Terms and may enforce these Terms as they relate to your right to use the Services and related claims.

10.2. Responsibility and Claims.

You agree that we are solely responsible for the Services, including all support, maintenance, claims (including intellectual property infringement claims), and other inquiries relating to the Services, and not Apple. Your use of the Services must comply with the App Store’s terms and conditions.

10.3. Your Rights With Apple.

In the event we fail to comply with any applicable warranty, you may notify Apple, and when applicable, Apple will refund the applicable monthly subscription paid by you for the Services. To the extent permitted by law, Apple will have no warranty obligation relating to the Services, nor any other claims, losses, liabilities, costs, or damages attributable to any failure of the Services to conform to a given warranty, if any.

11. Payment.

11.1. Fees.

If you are using a paid subscription of the Services, all Services subscription fees will be due when you first access the Services. All future payments for the Service’s subscription fees will be due monthly based on the date you initially accessed the Services. All fees will be paid with the Payment Services (as defined below). No refunds are permitted unless allowed under applicable law or by Apple.

11.2. Changes.

We will make our pricing available in the Services (“Pricing Page”). We reserve the right to modify the pricing by updating the Pricing Page. Any changes made will go into effect on your next monthly subscription.

11.3. Third-Party Payment Services.

The App uses a Third-Party Service provider to provide payment processing services (“Payment Services”) to you for the payment of Services fees. By using the Services, you agree to all applicable Payment Services’ terms and credit card and bank account authorizations. You agree we will not be held liable for any monetary transactions that occur through your use of the Services or for any issues relating to the Payment Services. You authorize Arii to charge your Payment Services account for the Service’s subscription fees.

11.4. Taxes.

All fees are exclusive of taxes. We will charge you taxes as required by applicable law in connection with the Services.

12. Disclaimer of Warranties.

12.1. DISCLAIMER.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ARII, ITS AFFILIATES, AND ITS LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH REGARD TO THE SERVICES, AI SERVICES, AND THIRD PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND WARRANTIES THAT THE APP OR SERVICES MEET THE REQUIREMENTS OF YOU OR ANY THIRD PARTY, WILL BE AVAILABLE WITHOUT INTERRUPTION OR WORK WITH ANY THIRD-PARTY SERVICES (WHICH SHALL BE PROVIDED “AS-IS”). WHILE ARII USES COMMERCIALLY REASONABLE EFFORTS TO PREVENT THE SERVICES FROM INCLUDING INAPPROPRIATE CONTENT, WE CANNOT GUARANTEE THE SERVICES WILL BE VOID OF INAPPROPRIATE CONTENT.

12.2. Applicability.

The disclaimers in the Terms do not affect any warranties which cannot be excluded or limited under applicable law.

13. Limitation of Liability

13.1. EXCLUSIONS AND LIMITATIONS.

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY THIRD PARTY SERVICES LINKED TO IT, ANY CONTENT IN THE APP, OR SUCH OTHER WEBSITES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

13.2. Applicability.

The above exclusions and limitations do not affect any liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and ours and theirs respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the Services’ other than as expressly authorized in these Terms, or your use or reliance of any information obtained from the Services.

15. Term and Termination

15.1. Term.

Your subscription to the Services begins when you create an account. Your subscription will continue on a month-to-month basis until you cancel or delete your account via the App or by contacting us.

15.2. Termination.

You may cancel or delete your account at any time. When you cancel, you may still access your account until your then-current subscription month ends based on the date you created your account. We may cancel or delete your account with or without notice if you violate these Terms. At the end of your subscription to the Services or if you delete your account, we will erase your User Content, subject to our right or obligation to retain data under applicable law.

16. Disputes, Arbitration, and Jury and Class Action Waivers.

16.1. Mandatory Arbitration of Disputes.

If a dispute arises and Arii and you cannot resolve the dispute informally, you agree to submit to mandatory arbitration administered by the American Arbitration Association and the International Centre for Dispute Resolution in accordance with its applicable Consumer Arbitration Rules applying. The arbitrator will be selected by us. Each Party shall be responsible for its own expenses. Any judgment on the award rendered by the arbitrator(s) may be entered into by the appropriate court in Fulton Country, Georgia, U.S.A. The arbitrator may not award any punitive, indirect, or consequential damages and will apply Georgia law to any dispute.

16.2. YOUR WAIVER OF JURY TRIAL.

YOU AGREE TO WAIVE THE RIGHT TO A JURY TRIAL AND SUBMIT TO THE VENUE OF THE ABRITRATION TO BE IN FULTON COUNTY, GEORGIA, U.S.A.

16.3. YOUR WAIVER OF A CLASS ACTION.

YOU AGREE TO WAIVE ANY RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS BY AN ARBITRATOR SELECTED BY US.

17. Waiver and Severability

17.1. Waiver.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.2. Severability.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

18. Entire Agreement

The Terms constitute the sole and entire agreement between you and Arii with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.

19. Contact Information

This Service is operated by Arii LLC. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to [email protected].