Terms of service
Terms of Use
Last updated: Dec. 2021
Compliance Meds Technologies, LLC and its affiliates (“MediKyu,” “we” or “us”) provide online and mobile services, including, but not limited to the MediKyu website (www.medikyu.com or the “Site”) widgets, computer programs and mobile applications hosted by or on behalf of MediKyu (collectively, the “MediKyu Services”) intended to enhance and/or monitor your medication adherence habits with electronic products offered by MediKyu (the “MediKyu Products”).
To the extent any terms or provisions of a Master Services Agreement between the health care providing you with MediKyu Services and MediKyu Products conflict with the Terms of Use of this Agreement, the terms and provisions of the Master Services Agreement shall control, except to the extent such Master Services Agreement specifically states otherwise. The following are the terms of the legal agreement between you and MediKyu and governs your access to the Sites, use of the MediKyu Services and MediKyu Products. Subject to your acceptance of and adherence to these Terms of Use (the “Terms of Use”), MediKyu hereby grants you a limited, non-exclusive license to utilize the MediKyu Services as set forth herein. The terms “you” and “user” includes the purchaser of the MediKyu Products or Services, the subscriber of the services as well as the user of the MediKyu Products or Services.
By your affirmative actions of registering for and/or using the MediKyu Services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow MediKyu to communicate with you electronically regarding the MediKyu Products and the MediKyu Services.
Modifications to the Terms of Use:
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Site and we will indicate the date of the “Latest Update” at the top of the Terms of Use. Your continued use of the MediKyu Services following the posting of such changes constitutes your acceptance of the Amended Terms of Use.
Information Disclaimer
The information on the Site, MediKyu Products and MediKyu Services, including any advice and recommendations ire intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with a patient’s unique facts. Always seek the advice of your doctor or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Your use of the Site, MediKyu Products and MediKyu Services are subject to the additional disclaimers and caveats that may appear throughout the Site, MediKyu Products and MediKyu Services.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site, MediKyu Products or MediKyu Services. While we strive to keep the information on the Site, MediKyu Products and MediKyu Services accurate, complete, and up to date, we do not give any assurances, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the Site, MediKyu Products or MediKyu Services.
We try to provide helpful and accurate information on the MediKyu Services, but we make no endorsement, representation, or warranty of any kind about any information, services or recommendations made available through the MediKyu Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the MediKyu Services. If you rely on any information provided by MediKyu, MediKyu employees, or others appearing on or contributing content to the MediKyu Services, you do so solely at your own risk.
Requirements for Use of the MediKyu Services:
The MediKyu Services are available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. Full use of the MediKyu Services may require compatible MediKyu Products, Internet access, and certain software and may require periodic updates.
Service Alerts
MediKyu Services enables you to set-up e-mail, text message and/or phone call alerts to take your medication at the times you designate when you create your account or modify your account settings. You are responsible for determining the criteria that governs the alerts and we will send an alert to you based upon the instructions provided to us. You can also designate third parties, such as friends and family members, to receive alerts that you need to take your medication. Your instructions are neither reviewed nor verified by us prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether. You understand and accept that e-mail and text message alerts are transmitted electronically in an unencrypted format. You acknowledge that there is a risk that information in the alert could be accessed, used, or misappropriated by unintended third-party recipients. We are not responsible for any unauthorized use or misappropriation of any information transmitted through the alert, except to the extent required by law. you acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control, and we shall not be liable for any losses, including loss of life or limb, or illnesses incurred by you due to the delay, non-delivery or misdirection of an alert.
Personal Information
Information about your medication regimen, including your name, contact information, medication name, amount, and frequency of use, is given to MediKyu by you, your caregiver and/or your health care provider. MediKyu assumes that this information is accurate. It is your (and/or your caregiver’s and/or health care provider’s) responsibility to make sure that the information provided to MediKyu is completely accurate and up to date. MediKyu respects the privacy of its users and is committed to protecting the personal information of its users. We will provide third parties with notifications regarding your medication regimen if you authorize us to do so when you create or modify your account settings. We will only share your personal information without authorization in limited circumstances that comply with state and federal privacy law. For further information please refer to MediKyu privacy policy available on the sites.
User-Generated Content
You hereby grant to MediKyu a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit to the MediKyu Services (collectively, “User Generated Content”) in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. User Generated Content includes but is not limited to content posted on message board posts, blogs, journals, food and recipe submissions and user comments. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude MediKyu’s use of the User Generated Content or require your permission for MediKyu to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against MediKyu or its sublicensees relating to MediKyu’s or its sublicensees’ use of the User Generated Content in accordance with your privacy settings, and you hereby release MediKyu and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Registration and Password
You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. MediKyu cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your MediKyu account or for any third party’s fraudulent use or misuse of information submitted by you. You represent that the information that you provide about yourself as requested in the MediKyu account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing MediKyu with your current email address, so that you may receive notifications and other account-related communications.
MediKyu Services are subject to MediKyu’s Privacy Policy.
Ownership of the MediKyu Services
Except for the User Generated Content, the MediKyu Services, and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by MediKyu or its licensors. You acknowledge that the MediKyu Services and any underlying technology used in connection with the MediKyu Services contain MediKyu’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the MediKyu Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the MediKyu Services not expressly granted to you by MediKyu are retained by MediKyu and its licensors. If you violate any of these Terms of Use, your permission to use the MediKyu Services automatically terminates and you must immediately destroy any copies you have made of any portion of the MediKyu Services.
User Indemnification of MediKyu
Upon request by us, you agree to defend, indemnify and hold MediKyu and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the MediKyu Services, including any User Generated Content you post, store, reproduce, display, or distribute via the MediKyu Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the MediKyu Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.
Changes to MediKyu Services, Terms and Termination
At any time without notice to you, or liability to you, we may prospectively modify the Terms of Use, or modify or cancel the MediKyu Services. We reserve the right to terminate your account with or without cause at any time and for any reason. You agree that any termination of your access to the Site and/or MediKyu Services may be affected without prior notice.
Electronic Notices and Communications
The MediKyu service is an electronic, internet-based service. You understand and agree that the terms will be entered electronically, and that the following categories of information (“communications”) may be provided by electronic means: (a) the terms and any amendments, modifications, or supplements to the terms; (b) our privacy policy, any regulatory disclosures, and any other communications required by federal or state law; and (c) any other communication related to the service, site or product. Communications may be posted on the pages of the site and/or delivered to the email or postal mail address you provide. You should print a paper copy of the terms and any electronic communication that is important to you and retain the copy for your records. You may request a paper copy of legally required notice, withdraw your consent to receive communications electronically, or change your email or postal address for receipt of communications, by sending your request by email to contact@medikyu.com.
Third Party Services
The MediKyu Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our MediKyu Services does not imply approval or endorsement of the linked website by us. If you decide to leave our MediKyu Services and access these third-party websites, you do so at your own risk. MediKyu suggests that you read the terms of use and privacy policies (if any) on those third-party websites. You agree that MediKyu has no liability for any damage or loss of any type that is a result of your use of a third-party website.
Content and Warranty Disclaimer
The Sites, MediKyu Products and MediKyu Services are provided by MediKyu and its affiliates “as is.” neither MediKyu nor its partners, suppliers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the Site, the MediKyu Products, the MediKyu Services, its contents, or any information made available by or through the Site, the MediKyu Products, or the MediKyu Services. In addition, MediKyu and its partners disclaim all warranties with respect to the Site, the MediKyu Products, or the MediKyu Services, express or implied, including but not limited to the implied warranties of merchantability, title, fitness for a purpose and non-infringement. Furthermore, MediKyu does not warrant that use of the website will be uninterrupted, available at any time or from any location, secure or error-free, that defects will be corrected, or that the Site, the MediKyu Products or MediKyu Services are free of viruses or other potentially harmful components.
Limitation of Liability
In no event, will MediKyu be liable for direct, indirect, incidental, punitive or consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Site, the MediKyu Products or MediKyu Services, whether such damages are based on warranty, contract, tort or any other legal theory and whether CMT has been advised of the possibility of such damages. The aggregate liability of CMT, arising from or relating to the Site, the MediKyu Products or MediKyu Services (regardless of the form of action or claim, e.g., Contract, warranty, tort, strict liability, negligence, or any other legal theory) is limited to $80. CMT’s affiliates, providers and partners have no liability whatsoever arising from the Site, the MediKyu Products or MediKyu Services. In some locations, applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.
Dispute Resolution
You agree that any dispute between you and MediKyu arising out of or relating to these Terms of Use, the MediKyu Products, or the MediKyu Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
GOVERNING LAW
The Terms of Use and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles.
INFORMAL DISPUTE RESOLUTION
We want to address your concerns without needing a formal legal case. Before filing a claim against MediKyu, you agree to try to resolve the Dispute informally by contacting contact@medikyu.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 MediKyu may bring a formal proceeding.
WE BOTH AGREE TO ARBITRATE
You and MediKyu agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
OPT-OUT OF AGREEMENT TO ARBITRATE
You can decline this agreement to arbitrate by contacting contact@medikyu.com within 30 days of first accepting these Terms of Use and stating that you decline this arbitration agreement.
ARBITRATION PROCEDURES
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Miami-Dade, Florida, or any other location we agree to.
ARBITRATION FEES
The AAA rules will govern payment of all arbitration fees. MediKyu will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
EXCEPTIONS TO AGREEMENT TO ARBITRATE
Either you or MediKyu may assert claims, if they qualify, in small claims court in Miami-Dade (FL) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the MediKyu Products or MediKyu Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
NO CLASS ACTIONS
You may only resolve Disputes with MediKyu on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Judicial Forum for Disputes
If the agreement to arbitrate is found not to apply to you or your claim, you and MediKyu agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Miami-Date, Florida. Both you and MediKyu consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
LIMITATION ON CLAIMS
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MediKyu Products or MediKyu Services must be filed within one (1) year after such claim or cause of action arose, or else that claim, or cause of action will be barred forever.
General
If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. MediKyu’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by MediKyu in writing. These terms and conditions constitute the entire agreement between you and MediKyu with respect to the subject matter herein and supersede all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.
Severability
If any provision of the Terms is determined by a court to be unenforceable, the parties will deem the provision to be modified to the extent necessary to allow such provision to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from the Terms, and the remainder of the Terms will continue in effect.