MYLIFEANGELS EULA (END USER LICENCE AGREEMENT ) TERMS
In order to provide our Services (as defined below) through our apps, services, features, software, or website (collectively the “Product”), you agree that you have read, understood, and agreed to the Terms of Service as defined below (the “Terms”).
MYLIFEANGELS LLC (“MYLIFEANGELS,” “our,” “we,” or “us”) provides the services described below (“Services”) to you (“Subscriber,” “you,” or “your”) within the United States of America.
We may modify these Terms at any time. When you use the Product, you agree to comply with the then current Terms which will be posted on the website. If you do not accept any such modifications, you must stop using the Product.
THIS AGREEMENT LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY BEFORE SIGNING.
1. YOUR OBLIGATIONS. You are responsible for all activities that occur under your account. We encourage you to ensure you are safe online and be aware of phishing and other means third parties use to access your information online. It is important that you provide us with accurate, complete and current account information (including your mobile phone number and a valid email address) and keep this information up to date. If you do not, we have the right to suspend or terminate your account. You may not sell, transfer, or allow others to use your account credentials. You may not attempt to gain unauthorized access to accounts of other users.
2. INTERNET CONNECTION & TEXT MESSAGING COMMUNICATIONS. When not using WIFI your use of the App may require a wireless internet connection. You may incur data charges from your cellular provider related to information transmitted (whether sent or received) by your device while using the App. You are solely responsible for any such data charges. The App also uses Text Messaging for security protocol when signing in by sending a one-time password (OTP) to your phone for verification. The App also uses text messaging for emergency alerts when you are an emergency contact in someone’s Care Circle. Data and text messaging use may require You to agree to additional terms of service from Your internet provider.
3. MOBILE PHONE REQUIREMENT & LOCATION SERVICES. You can access your account on the web at https://www.MYLIFEANGELS.com/privacy and via our iOS and Android apps. The service uses your mobile phone number for signing in which is verified by sending a text message with a OTP. You cannot use the services without a mobile phone number that is text message enabled. Additionally certain features including the emergency detection feature require the mobile phone to be an iOS or Android device with the app downloaded and location services enabled with you signed into your account. Additionally, you must agree to MyLifeAngels tracking of your location all the time for the emergency detection to function. Emergency detection feature (aka ER Alerts) is a beta feature (see Section 7: Disclaimer of Warranty) and if you enable location services you agree you are using this feature as-is with no implied or express warranty.
4. Your privacy is important to us. Please read the MYLIFEANGELS Privacy Statement.
5. USE OF SERVICES a. Restricted Use. Commercial Use. You may not use the Services for commercial purposes. You may access the Services for your own personal or household use only. Except as otherwise provided below, the Services may not be accessed, used, or shared with family members, non-family members, or other persons who do not reside with you. You may not share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you. Derivative Works. You may not distribute, publish, copy, use or sell, or permit others to distribute, publish, copy, use or sell, the Software or Services. You may not reverse engineer, decompile, disassemble, modify, or create derivative works from the Software or Services, except and only to the extent that applicable law expressly permits. You must comply with any technical limitations of the Software and Services You may not make more copies of the Software than specified herein or allowed under applicable law. Unauthorized Access. You may not assault, interfere, or deny service in any way or form to any other network, computer or node through the Service, or attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services. You may not interfere with or disrupt servers or networks connected to any Services. b. Introductory Offers. Except as may otherwise be provided in specific terms of an introductory offer, introductory offers are only available to users who have not previously subscribed to the Services in connection with which the introductory offer is being offered. We reserve the right to modify or terminate the introductory offer at any time, without notice and in our sole discretion. Unless you cancel before the expiration of your introductory offer, then your subscription will automatically renew at the then-applicable price published by us. c. Automatic Renewal of Service Subscription. If you purchase a subscription to the Services, you will be charged the subscription fee at the applicable then-current prices as published by us (plus any applicable taxes). If you purchase from us, we (or our third-party payment processor) will store your payment information and automatically begin charging you on your subscription renewal date, until you cancel or we terminate your access to or use of the Services in accordance with these Terms. You will not be issued a partial or full refund once the renewal date has been reached. At any time after your purchase, you may change your subscription settings, including canceling your automatically renewing subscription, in settings, view details, current subscription, cancel subscription. By agreeing to these Terms and electing to purchase a Service subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us. We reserve the right to change the prices for any Services at any time. Any price change will take effect at the next subscription renewal date and we will notify you in advance. d. Subscription Period. The term of your subscription (the “Subscription Period”) will be as stated in your purchase or renewal confirmation receipt or email (i.e. the purchase or confirmation email that you will receive from us upon purchase of your subscription to our Services). e. Payment Policies. We reserve the right to verify credit/debit card payments prior to completing your subscription purchase. We also reserve the right but not the obligation to (i) obtain and continue using updated credit card account information electronically, when applicable, from the card brands, (ii) retry failed payments to complete transactions, including but not limited to, retrying failed cards with extended expiration dates and, (iii) change or amend authorized third parties to assist with payment processing. You further acknowledge and agree that, subject to our then-current Customer authentication procedures, another adult Customer enrolled on your account may authorize changes to the account, including without limitation changes to the form of payment, or to the Services, including termination of your subscription or changes that may result in additional charges. In all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services. We also reserve the right to collect any sales taxes applicable to your purchase of the service. Your use of the Services is contingent upon payment. Your use of the Services may be disrupted if the payment processing fails. f. Canceling Services. You can cancel or terminate your subscription at any time, but please note that, unless otherwise set forth in the Cancellation and Refund Policy (MYLIFEANGELS.com/refund-policy), such cancellation will be effective at the end of the then-current Subscription Period. g. Refunds. Please review our Cancellation Policy for more information on obtaining refunds for the Services.
6. WE PROVIDE NO MEDICAL ADVICE OR SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, EMAIL AND PHONE SUPPORT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY MYLIFEANGELS OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY MYLIFEANGELS, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MYLIFEANGELS MEDICAL PROFESSIONALS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY MYLIFEANGELS, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
7. DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) THE SERVICES ARE PROVIDED “AS IS'' AND WITHOUT WARRANTY OF ANY KIND, AND (2) MYLIFEANGELS FOR ITSELF AND ITS LICENSORS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYLIFEANGELS MAKES NO WARRANTIES THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (VI) IN RELATION TO THE PAYMENT OF ANY REFUNDS, THE TIMELINESS OF SUCH PAYMENT WILL MEET YOUR EXPECTATIONS. IN ADDITION, MYLIFEANGELS MAKES NO REPRESENTATION OR WARRANTY ABOUT ANY THIRD-PARTY PRODUCTS. YOU, YOUR ESTATE AND YOUR HEIRS WILL NOT HOLD MYLIFEANGELS OR ANY OFFICER OR MEMBER OF MYLIFEANGELS LIABLE FOR ANY LOSS, INJURY, OR CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS, INJURY, OR CLAIM RESULTING FROM YOUR FAILURE TO PROVIDE TRUE, ACCURATE, UPDATED AND COMPLETE INFORMATION WHEN YOU USE MYLIFEANGELS, OR FOR ANY INCIDENCE WHERE THE PRODUCT WAS NOT AVAILABLE. ER ALERTS ARE A BETA FEATURE AND THIS SERVICE MAY NOT BE ERROR-FREE. BY USING ER ALERTS IN THE APP BY ENABLING LOCATION PERMISSION AND NOTIFICATION PERMISSION YOU ARE ACCEPTING THIS BETA FEATURE “AS IS”.
8. INSURANCE. MYLIFEANGELS IS NOT AN INSURER AND ARE NOT PROVIDING INSURANCE. ACCORDINGLY, YOU SHALL MAINTAIN INSURANCE IN AN AMOUNT SUFFICIENT TO PROVIDE FULL AND COMPLETE COVERAGE FOR ANY LOSS, DAMAGE OR EXPENSE THAT MAY BE SUSTAINED BY YOU, YOUR FAMILY OR OTHERS, INCLUDING MEDICAL INSURANCE, DISABILITY INSURANCE, LIFE INSURANCE, AND LIABILITY INSURANCE. YOU AGREE TO (I) LOOK SOLELY TO THE INSURANCE YOU MAINTAIN IN THE EVENT OF ANY SUCH LOSS, DAMAGE
9. LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MYLIFEANGELS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, PUNATIVE, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION WITH THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYLIFEANGELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL MYLIFEANGELS’S OR ITS LICENSORS’ TOTAL LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR OTHERWISE IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNTS THAT YOU PAID OR ARE PAYABLE BY YOU TO MYLIFEANGELS FOR THE APPLICABLE SERVICES FOR THE APPLICABLE SUBSCRIPTION PERIOD, OR ONE HUNDRED DOLLARS (U.S. $100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MYLIFEANGELS, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYLIFEANGELS AND YOU.
10. WAIVER OF SUBROGATION. You waive any rights your insurance company may have to sue company or representatives for money paid to you or on your behalf.
11. PROPRIETARY RIGHTS. a. MYLIFEANGELS owns and retains all right, title and interest in and to the Services, (including the Software), including all Intellectual Property Rights. For purposes of these Terms, “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), inventions, copyrights, trade secrets, moral rights, know-how, data and database rights, and any other intellectual property rights recognized in any country or jurisdiction in the world. b. It is our policy to respond to notices of alleged Intellectual Property Rights infringement which may include, in appropriate circumstances and at its OR EXPENSE AND (II) RELEASE US FOR ALL SUCH LOSS, DAMAGE AND EXPENSE. discretion, disabling a user’s ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such user’s ability to use the application at all.
12. THIRD PARTY FEATURES OR CONTENT. The Services may include third- party features and functions or may allow you to access content on a third-party website. Such features, functions or content may be subject to third-party terms of service and privacy policies. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
13. If you submit to MYLIFEANGELS feedback and/or reviews, suggestions, comments, or ideas relating to the Services (“Submissions”), you are granting to the maximum extent permitted by applicable law MYLIFEANGELS and its affiliated companies unrestricted permission to use, reproduce, copy and translate your Submission, for the term of protection of the Submissions by IP rights in any form and on any media whatsoever without any restriction in any manner in which MYLIFEANGELS sees fit. No compensation will be paid with respect to the use of your Submission. MYLIFEANGELS is under no obligation to post or use any Submission you may provide and MYLIFEANGELS may remove any Submission at any time in its sole discretion. By providing a Submission to MYLIFEANGELS, you represent and warrant that you own or otherwise control all of the rights to your Submission that are necessary for you to provide it, including Intellectual Property Rights. You agree that (i) all content of your Submissions must be accurate; (ii) you will not provide a Submission that is known by you to be false, inaccurate or misleading and/or may be reasonably considered to be defamatory, libelous, hateful, offensive, unlawfully threatening or unlawfully harassing to anyone; (iii) you will not provide a Submission that infringes a third party’s Intellectual Property Rights or other proprietary rights or rights of publicity or privacy; (iv) you will not provide a Submission that violates any applicable law, statute, ordinance or regulation; (v) you will not provide a Submission for which you were compensated or granted any consideration by any third party; (vi) you shall not provide any Submission that includes information that references other websites, addresses, email addresses, contact information, phone numbers, or other personally identifiable information for anyone; and (vii) you will not provide a Submission that contains any potentially damaging computer programs or files.
14. INDEMNIFICATION. SUBJECT TO APPLICABLE LAWS IN YOUR JURISDICTION, YOU WILL INDEMNIFY AND HOLD HARMLESS MYLIFEANGELS AND ITS AFFILIATES (AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) HARMLESS FROM ANY CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF
15. TERMINATION. We may terminate your access to and use of the Services for any or no reason, or if you breach any material terms of these Terms, including if we are unable to charge your chosen payment method. Upon termination, you must stop using the Services. MYLIFEANGELS may terminate any Services offered as a Free Trial at any time without notice. Without limiting the foregoing, MYLIFEANGELS may further suspend your account or your access to and use of the Services if MYLIFEANGELS reasonably suspects that you have not complied with any of the provisions of these Terms without notice.
16. SEVERABILITY. If any part of this Agreement is determined to be illegal, invalid or unenforceable, the validity and enforceability of the remainder of this Agreement, or of such provisions as applied to any other circumstances, shall not be affected thereby, and shall remain in full force and effect as valid, binding and continuing.
17. GOVERNING LAW. Except as otherwise required herein or by law, these terms are governed by the laws of the State of Ohio, United States of America.
18. NOTICE OF CHANGES TO THE SERVICES AGREEMENT. We may update or modify the Services Agreement from time to time, including any referenced policies and other documents, in our sole discretion. It’s important that you review the Services Agreement whenever we update them or you use the Services. If you continue to use the Services after we have posted an updated Services Agreement, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
19. SURVIVAL OF TERMS. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6) No Medical Advice or Services, 7) Disclaimer of Warranty, 8) Insurance, 9) Limitation of Liability Disclaimer of Damages, 10) Waiver of Subrogation, 11) Proprietary Rights, 13) Feedback and Reviews, 14) Indemnification, 16) Severability, 17) Governing Law, and 19) Survival of Terms. THESE TERMS, OR YOUR VIOLATION OF ANY LAW OR REGULATION, OR OF THE RIGHTS OF ANY THIRD PARTY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES.