Please read these Terms of Use (“Terms”, “Terms of Service”) carefully before using the website or D.R.U.I.D. application or any other website or program (the “Services”) operated by DRUIDapp, LLC (“DRUIDapp”).

The Services are tools that you use at your own risk. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Services. You agree that any decisions you make following the use of the Services are your responsibility alone, and You agree to indemnify DRUIDapp and any officers and/or employees of DRUIDapp against any liability for any actions (e.g., driving) you undertake that result in mental or physical harm to any person or property.

DRUIDapp provides technology to assist you to measure and track your level of impairment.  By downloading or using the Services, or by using the Services through a third party, you agree to and are bound by the terms and conditions set forth in these DRUIDapp Terms of Use (the “Agreement”).

If you do not accept this Agreement, you are not authorized to use the Services.  DRUIDapp may modity this Agreement at any time, and such modification will be effective upon posting to any of the Services.

Definitions

a. The “Services” means any application, website, web page, and/or website subpage under DRUIDapp’s control, whether partial or otherwise. This includes, but is not limited to, the the web site from which these terms of use were accessed.

b. “DRUIDapp Product(s)” or “Products” mean and refer to any products purchased from DRUIDapp or through the Services. The terms “DRUID” and “DRUIDapp” are trademarks of DRUIDapp.

c. “DRUIDapp Software Application(s)” or “App(s)” mean and refer to the DRUIDapp iPad software application, available for download from Apple, Inc., and to any Android or iPhone versions of the Services to be available.

d. “You,” “Your,” and “User” mean and refer to all individuals and/or entities who are accessing or using the the Services for any reason.

e. “Content” means any material of the Services, including but not limited to software, text, graphics, images, video, audio, data, designs, information (including user developed or provided information), logos, downloadable material or software, and other material contained therein or used to support the Services.

Usage

The Content and Services may be owned by DRUIDapp or others.  DRUIDapp makes no claim of ownership in connection with Third Party Content or Services and either licenses use or adopts fair use of such Content and/or Services.  The Content and Services may beprotected by copyright, trademark and patent laws, either in the  United States and/or foreign jurisdictions.  Unauthorized use of the Content and/or Services may violate copyright, trademark, patent and/or other laws.  You have no rights in, and may not use, the Content or Services except as permitted under this Agreement.

The Services may include links to, and content and data from, third party websites (“External Sites”).  These links, content, and data are provided solely as a convenience to the User and not as an endorsement by DRUIDapp of the content on such External Sites.  The content of such External Sites may be developed and provide by others.  In addition, the Services may contain content posted, stored, or displayed at the directions of the Users, for which DRUIDapp cannot accept any responsibility or liability.

The Content and Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by DRUIDapp.  The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; and (ii) any use of the Services which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software.

You agree and warrant that You will not use the Services in a manner that is illegal or otherwise inconsistent with the Terms. In addition, You will not use the Services in a manner that restricts or inhibits anyone’s use or enjoyment of the Services, that DRUIDapp deems objectionable, or which, as determined by DRUIDapp, may harm the DRUIDapp or the Users of the Services or expose DRUIDapp or the Users to liability. DRUIDapp reserves the right to restrict, suspend, or terminate Your access to the Services without notice for any reason.

You agree that You will only access the Services through the interfaces provided. You agree not to reverse-engineer or otherwise hack the Services, take any actions that damage the Services, DRUIDapp or its security, or interfere with the other Users’ use or access to the Services.

Eligibility

The Services are for use by individuals 13 years of age or older.  By using the Services, you represent and warrant that you are at least 13 years old and are otherwise legally qualified to enter into and form contracts under applicable law.

License to Use the Services

We are providing you with access to use the Services pursuant to a limited, non-exclusive, non-sublicensable, no-transferable, revocable license with respect to the Services you purchased based on the download fee you paid.  You can use the Services for personal, non-commercial use only, and subject to the Terms of Use set forth herein.  If these Terms of Use are not enforceable where you are located, you may not use the Services.  DRUIDapp reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.  The Services or any portion thereof may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of DRUIDapp.  Except as expressly set forth herein, this Agreement grants you no rights in or to the intellectual property of DRUIDapp or any other party.  The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement.  In the event that you breach any provision of this Agreement, your rights under this section will immediately terminate.

Terms relating to the Use of DRUIDapp

When using the Services that was downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), you acknowledge and agree that: (a) this Agreement is concluded between us, and not with the App Provider, and that we are solely responsible for the Services (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Services; (c) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that  the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Restrictions

Except with the written permission of DRUIDapp, you shall not:

Attempt to impersonate another person or use another person’s account information without authorization;

Use or distribute the Services for your own scientific or clinical research purposes;

Violate or attempt to violate the Services’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of the Services’ systems and networks;

Redistribute, decompile, reverse engineer, publish, or copy the Services.

Use the Services for the purpose of creating a product with a substantially similar look, feel or design;

Access or search the Services by any means other than our publicly supported interfaces;

Interfere with others’ use and enjoyment of the Services;

Use the Services or any trademarks, trade names, service marks, copyrights, or logos of DRUIDapp, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you; or

Violate any third party’s rights, including intellectual property or privacy rights.

Indemnity

You agree to defend, indemnify, and hold harmless DRUIDapp, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, licensors, suppliers, agents, successors and assigns, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) Your use of the Services, (ii) Your breach of these Terms, or (iii) your uploading or, access to, or use or misuse of the Content or the Services. DRUIDapp shall provide notice to You promptly of any such claim, suit, or proceeding.

Disclaimer of Warranty and Limitation of Liability

In no event shall DRUIDapp or its affiliates, officers and/or employees be liable with respect to the use of the Services for (a) in the aggregate, any amount in excess of the download fee paid by you to use the Services; (b) lost profits, lost data, or failure to meet any duty including without limitation good faith and reasonable care arising out of your access to or use of the Services; or (c) any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between DRUIDapp and You.  You understand that the use of the Services would not be provided without such limitations.

You agree that use of the Services are at your own sole risk and that the Services and Content are provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied.  To the maximum extent permitted by law, DRUIDapp and its affiliates, officers and/or employees expressly disclaim any and all warranties, express or implied, regarding the Services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

DRUIDapp strives to maintain the services on a commercially reasonable basis and cannot guarantee that you will have access to the Services at all times.

DRUIDapp, our affiliates, and our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the Services or the Content , including but not limited to its accuracy, reliability, completeness, or timeliness.

Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the Services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause.  You agree that your use of the Services and the content is at your own risk.

We make no warranty that the Services will operate error free or that the services, our servers(s), or the content are free of computer viruses or similar contamination or destructive features.  If you use of the Services results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.  In such states, our liability shall be limited to the greatest extent permitted by law.

DRUIDapp does not provide professional medical services or advice or doctor-patient relationship.

DRUIDapp provides services for informational purposes only.  The services do not contain or constitute, and should not be interpreted as medical advice or opinion.  DRUIDapp is not a medical professional, and DRUIDapp does not provide medical services or render medical advice.  The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decision, or to diagnose or treat a medical or health condition, or to drive, operate heavy machinery, or engage in any activity for which impairment by any source would increase the risk of harm or damage to persons or property.  If you require medical advice or services, you should consult a medical professional.  Your use of the Services does not create a doctor-patient relationship between you and DRUIDapp.

Affiliations

Please note that DRUIDapp is not related to Apple, Inc. or Google Inc., and DRUIDapp has no affiliation with Apple, Inc. or Google, Inc.

Intellectual Property & Trademarks

The Services, and Content,] are protected under United States and international patent, copyright, trademark, trade secret and/or other intellectual property or proprietary rights laws. The Services are the property of DRUIDapp or its licensors. The compilation, collection, arrangement, or assembly of all content on the Services are the exclusive property of DRUIDapp and protected as well.

These Terms permit you to use the Services for your personal, non-commercial use only. Unauthorized use of the Services may violate the above mentioned laws and/or applicable communication regulations and statutes, and is strictly prohibited. You must preserve all patent, copyright, trademark, service mark, and/or other proprietary notices contained in the Services, as originally provided or modified, or on any authorized copy you make of the Services, or parts thereof. Any code or software code that DRUIDapp creates to generate or display any of the Services are also protected by DRUIDapp copyrights and You may not copy or adapt such code.

The name, the Logo and all related names, logos, product and service marks, design and slogans are trademarks of DRUIDapp or its affiliates or licensors. You must not use such marks without the prior written permission of DRUIDapp. All other names, logos, product and service names, designs and slogans on the Services are the trademarks or copyrights of their respective owners.

Term and Termination

These Terms will remain in full force and effect at least while You are a User of the Services. DRUIDapp reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your access to the Services and immediate termination of Your registration with or ability to access the Services and/or any other services provided to You by DRUIDapp, upon any breach by You of these Terms. Even after You are no longer a User of the Services, the provisions of these Terms will remain in effect.

Dispute Resolution

Informal Dispute Resolution: We want to address your concerns without needing a formal legal proceeding. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting support@druidapp.com. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or we may bring a formal proceeding.

Miscellaneous

a. Links.

The Services may contain many links to External Sites. These links are provided solely as a convenience and not as an endorsement by DRUIDapp of the External Sites. DRUIDapp is not responsible for the External Sites and does not make any representations regarding the content or accuracy of materials on the External Sites. If You decide to access any External Sites, You do so at Your own risk.

b. Commercial Use.

You agree not to make any unauthorized commercial use of the the Services.

c. Access Outside the United States.

DRUIDapp makes no claims that the the Services may be lawfully viewed, downloaded, or accessed outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access any of the Services You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

d. Governing Law.

These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, DRUIDapp’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect DRUIDapp’s ability to enforce such term at any point in the future.

e. Additional Terms.

If you purchase and/or use the Services, additional terms apply and may be found here. Certain areas of the Services may be subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.

f. Waiver.

Waiver of any specific term of these Terms shall not be deemed a further or continuing waiver of such term or of any other terms.

g. Changes.

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

h. Privacy.

All information we collect within the Services is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

i. Headings.

Headings provided in these Terms are included for reference purposes only and are not to be given any substantive effect.

j. Effective Date.

These Terms are effective as of October 18, 2016.