Welcome to PECS Health. These Terms of Service ("Terms") govern your use of the PECS Health website at pecs-health.com (the "Site") and the PECS Health mobile application (the "App"), together referred to as the "Services," which are provided by PECS Health Inc. ("PECS Health," "we," "our," or "us").
By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.
1. Important Medical Disclaimer
The Services provide patient education only. The Services do not provide medical advice, diagnosis, or treatment. The Services are not a medical device.
The information available through the Services is for general educational and informational purposes. It is not a substitute for professional medical advice from a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read or seen on the Services.
If you think you may be experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. Do not rely on the Services for emergencies.
2. Eligibility
You must be at least 18 years old to create an account and use the Services. By using the Services, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.
3. Your Account
If the Services require an account, you agree to provide accurate and current information, to keep your account credentials secure, and to be responsible for activity that occurs under your account. Notify us promptly at support@pecs-health.com if you suspect unauthorized use of your account.
4. License to Use the Services
Subject to these Terms, PECS Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to resell or commercially use the Services, modify or create derivative works, or use the Services for any unauthorized purpose.
5. Acceptable Use
You agree not to:
- Use the Services in any way that violates applicable law
- Attempt to gain unauthorized access to any portion of the Services or related systems
- Interfere with or disrupt the Services or the servers and networks connected to the Services
- Use the Services to transmit harmful code, viruses, or malicious software
- Reverse engineer, decompile, or disassemble any portion of the Services, except as expressly permitted by law
- Use any automated means (such as bots or scrapers) to access the Services without our prior written consent
- Misrepresent your identity or affiliation in connection with the Services
6. User Content
If you submit any content through the Services (such as feedback, questions, or messages), you grant PECS Health a worldwide, non-exclusive, royalty-free license to use that content for the purpose of operating and improving the Services. You are responsible for the content you submit and represent that you have the right to submit it.
7. Intellectual Property
The Services and all content provided through them, including educational content, designs, logos, trademarks, and software, are owned by or licensed to PECS Health and are protected by intellectual property laws. Except for the limited license granted in Section 4, these Terms do not transfer any rights to you. The PECS Health name and logo are trademarks of PECS Health Inc. and may not be used without our written permission.
8. Third-Party Services
The Services may contain links to or integrations with third-party services. We are not responsible for the content, policies, or practices of third parties. Your use of any third-party service is governed by that third party's terms.
9. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, including for violations of these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination (including the disclaimers, limitations of liability, and dispute provisions) will survive.
10. Disclaimer of Warranties
The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied. To the fullest extent permitted by law, PECS Health disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PECS Health does not warrant that the Services will be uninterrupted, error-free, secure, or free from harmful components, or that any educational information will meet your specific requirements.
11. Limitation of Liability
To the fullest extent permitted by law, PECS Health and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or related to your use of the Services, even if PECS Health has been advised of the possibility of such damages. PECS Health's total liability arising out of or related to these Terms or the Services will not exceed one hundred dollars ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless PECS Health from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, unless we agree otherwise in writing.
14. Apple App Store Terms
If you download the App from the Apple App Store, you acknowledge that these Terms are between you and PECS Health, not Apple, and that PECS Health (not Apple) is solely responsible for the App. Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of these Terms with respect to your license to use the App and may enforce these Terms against you.
15. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the Effective Date above and, where appropriate, provide additional notice through the Services. Your continued use of the Services after an update means you accept the revised Terms.
16. Contact Us
If you have questions about these Terms, please contact us at:
PECS Health Inc.
support@pecs-health.com