Terms of Service

Last updated: May 20, 2021

Acceptance of these Terms of Service

Welcome to LifePod! (a.k.a. “we” or “us” or “the Company”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Service”) apply to your use of our website at www.lifepod.com (the “Site”), whether as a guest or registered user, including any content, functionality and services offered on or through the Site, our Caregiver Portal, the Dialog Management System, and any apps that we provide, or any other services we may provide from time to time (collectively, the “Services”).

We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Service carefully before you start to use the Services. By using the Services, or by clicking to accept or agree to the Terms of Service when this option is made available, you accept and agree to be bound by and comply with these Terms of Service and our Privacy Policy.

Please read these Terms of Service carefully before you start to use any of the Services. In the event that you do not wish to accept any of the provisions in these Terms of Service, you must not use the Services. We also invite you to contact us at https://lifepod.com/support/ with questions about any of the provisions of these Terms of Service.

The Services are offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions or in Canada. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements listed above or anywhere else in these Terms of Service. If you do not meet all of these requirements, you must not access or use the Services.

NOTE: If you are a caregiver or legal guardian or have some other form of legal authority for a Care Recipient who will be using the Services, and your Care Recipient is unable to read, understand or agree to these Terms of Service, then you are hereby agreeing to be bound by these Terms of Service both for yourself and on behalf of your Care Recipient. You also represent that you can verify the status of your legal relationship with the Care Recipient upon request.

Definitions

“Care Recipient”: The person receiving care from a Primary Caregiver. The Care Recipient is the person interacting with the LifePod-enabled device, via voice, on a regular basis.

“Caregiver Portal”: The online portal found at https://lifepodportal.com/ through which LifePod-initiated dialogs and/or voice commands may be entered, modified or otherwise changed for use by the Care Recipient as well through which other information may be entered.

“Caregiving Team Member”: A family member or other caregiver involved with the care of the Care Recipient, but who is not the Primary Caregiver. NOTE: All such members of the Caregiving Team agree to be bound by these Terms of Service based on the acceptance of these Terms of Service by the Primary Caregiver.

“LifePod User” or “User”: Any one of a Care Recipient, Primary Caregiver, Caregiving Team Member, or a Professional Caregiver.

“LifePod-enabled Device”: A smart speaker adapted to support LifePod’s proactive voice-first services, including, but not limited to, the iHome iLP14 Smart Speaker Powered by LifePod.

“Primary Caregiver”: A family member or relative, friend, or professional caregiver responsible for Care Recipient’s care, and who may configure and maintain LifePod-supported dialogs for use by the Care Recipient. The Primary Caregiver will also be responsible for adding or removing other non-primary caregivers to or from the Caregiving Team.

“Professional Caregiver”: A healthcare professional involved in a Care Recipient’s care, including licensed professionals and employees of a healthcare agency.

License to Use the Services

Subject to the terms and conditions of these Terms of Service and the Privacy Policy, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right and license to access and use the Services. The Company may terminate this license without notice in the event you fail to comply with these Terms of Service or the Privacy Policy, and as otherwise set forth in these Terms of Service. Upon termination of the license, you must immediately cease accessing and using the Services, and LifePod will terminate your account, and you will not be entitled to a refund of any or all of any fees that you have already paid.

Changes to the Terms of Service

LifePod is a new concept in online, voice-first services and is continually evolving as we add new functions and capabilities. We therefore expect to update the Services and these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post updated Terms of Service; any updates will apply to all access to and use of the Services afterwards. We will use reasonable efforts to notify you of any changes to the Terms of Service and to offer you an easy way to track any such changes between versions. Your continued use of the Services following the publishing of any revised Terms of Service means that you accept and agree to the changes.

Accessing the Caregiver Portal and Account Security

To access the Caregiver Portal, you are provided with a secure username, account, password, and/or other credentials as part of our security procedures (“Credentials”). You are responsible for maintaining the confidentiality of your account and Credentials and for restricting access to your account. You are responsible for all activities that occur under your account or Credentials. You will immediately notify LifePod of any unauthorized use of your Credentials or any other breach of security.

You may be asked to provide certain registration details or other information as part of your use of the Service. It is a condition of your use of the Caregiver Portal and the Services that all the information you provide on the Caregiver Portal is correct, current and complete.

We have the right to disable any Credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Service. We will attempt to notify you if we disable your Credentials.

Access to and Use of LifePod-enabled Devices

Some LifePod-enabled devices require access to WiFi broadband Internet access and AC electrical power and will not operate without that connection. LifePod-enabled devices are provided by a third-party manufacturer and not the Company. If the LifePod-enabled device proves to be defective or stops working within ninety (90) days of account set up, we will provide, or a LifePod partner will provide, a replacement device; we will not repair the defective device. Voice recognition and text-to-speech capabilities are currently provided by a third-party voice processing technology, and LifePod cannot be and is not responsible for its accuracy or performance.

Automatic Installation of Device Updates

LifePod periodically applies firmware updates to LifePod-enabled devices in order to improve service performance, enhance security, correct errors, update configuration or prevent issues. To the extent possible within the specific service, these are automatically installed via a non-impacting silent over-the-air (OTA) update process.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio/voice, and the design, selection, arrangement, and look and feel of all of these) (collectively, the “LifePod Content”), are owned by LifePod Solutions, Inc., its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are an individual user, you are permitted to use the Services only for your personal, non-commercial use and for that of your Care Recipient, your Primary Caregiver, or your Caregiving Team Members, as applicable.

If you are a physician, nurse, or other professional caregiver, you are permitted to use the Services only to provide care to your Care Recipient or as otherwise set forth in a master agreement between you and/or your organization and LifePod.

You must not copy, modify, create derivative works of, publicly display, publicly perform, or republish, any of the LifePod Content, except to the extent allowed or contemplated by the features of the Services themselves.

You shall not at any time, directly or indirectly, and shall not permit any other person to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or LifePod Content; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You have only a limited, non-exclusive, revocable, personal license to use the Services. You do not, and shall not be deemed to, receive any right, title, or interest in or to the Services or any LifePod Content, and all rights not expressly granted in these Terms of Service are reserved by the Company. Any use of the Services that is not expressly permitted by these Terms of Service is a breach of these Terms of Service, may violate copyright, trademark, and other laws.

If you use any of the Services in breach of the Terms of Service, your right to use the Services will cease immediately and you must, at our option, return or destroy any LifePod Content or other materials that you have obtained from the Services, including all copies.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You shall not use the Services and shall not allow others to use your Credentials to use the Services:

  • Post, transmit, promote, distribute or provide links to illegal content.
  • Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or any LifePod affiliate or subsidiary.
  • Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable.
  • Infringe upon the intellectual property rights of the Company or any third party.
  • Alter, delete or cancel any other user’s profile information or User Content.
  • Impersonate another person, indicate that you are a LifePod representative, or attempt to mislead users by indicating that you represent LifePod or LifePod affiliate or subsidiary.
  • Use any robot, spider, scraper, or other automated means (other than in accordance with these Terms of Service or any other agreement) to access the Services for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Services.
  • Attempt to get a user ID, password, or other user information, or any other private information from a user. LifePod employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.
  • Upload any content, including User Content that you do not own or have the right to license to the Company in accordance with these Terms of Service.
  • Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.
  • Upload User Content or display URLs that contain harmful or malicious code or corrupted data.
  • Improperly use support or complaint buttons or make false reports to the Company.
  • Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
  • Solicit or attempt to solicit, and post, distribute or communicate any user’s personal information.
  • Interfere with, hack into or decipher any transmissions to or from the servers running the Services.
  • Exploit any bug in the Services or in any other LifePod product to exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.
  • Do anything that interferes with the ability of other users to enjoy the Services or that materially increases the expense or difficulty of the Company in maintaining the Services for the enjoyment of all its users.
  • Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Services in any way not expressly permitted by these Terms of Service, including, without limitation, gain unauthorized access to any LifePod Content and other users’ User Content.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Services.
  • Use the Services in violation of these Terms of Service, the Privacy Policy, or any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.
  • Engage in any other conduct which the Company, in its sole and absolute discretion, deems to violate these Terms of Service.

User Contributed Content

The Services contain user-generated content (generally caregiver-configured voice dialogs), Care Team Member information, and Care Recipient personal information or other content features (collectively, “User Content”), and enable Users to transmit to other Users (hereinafter, “play”) audio content or services (collectively, “Audio Content”) via a LifePod-enabled Device. All User Content (including Audio Content) must comply with the Content Standards set out in these Terms of Service.

We claim no ownership of or responsibility for User Content. Your profile and the dialogs or content you configure for your Care Recipient or yourself remain as yours. However, by accepting these Terms of Service, you grant us (and our affiliates and service providers, and each of their and our licensees, successors, and assigns) a perpetual, irrevocable, royalty-free, fully paid-up right and license to use, analyze, reproduce, modify, perform, display, distribute, and otherwise share your User Content solely to provide the Services. You also agree that we may analyze, summarize, or aggregate your User Content; and to use your User Content and related demographic or personal information, without attribution, for purposes of providing you with technical or administrative support, for understanding the usage of the Services, and improving, modifying or otherwise enhancing the Services. Please refer to our Privacy Policy https://lifepod.com/privacy for more information on how we may use your personally identifiable information.

You understand and agree that you are solely responsible for any User Content that you create, add, modify, or submit. Any User Content and/or voice dialogs that are configured or transmitted from the Caregiver Portal to a Care Recipient’s device are solely the responsibility of the User configuring them. You understand that the structure and presentation of User Content may directly impact the functionality of User Content. If you choose to use any pre-configured dialogs that the Company may offer, you are solely responsible for ensuring that they are appropriate and applicable for the Care Recipient and assume all risk of using them. We are not responsible or liable to you or to any third party for the content, accuracy or appropriateness of any LifePod provided voice dialogs or other User Content created, configured, or submitted by you or any other LifePod User.

The Company is committed to protecting Users’ privacy. The Company complies with all applicable requirements of HIPAA (Health Insurance Portability and Accountability Act of 1996) governing the privacy and security of health information. LifePod has implemented controls consistent with HIPAA to ensure, as much as possible, the security of information transmitted through the Services.

LIFEPOD DOES NOT PROVIDE MEDICAL CARE OR MEDICAL ADVICE.

Each User ACKNOWLEDGES AND ACCEPTS THAT THE LIFEPOD SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR IN-PERSON CARE NOR FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY KIND. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT.

THE LIFEPOD SERVICES ARE INTENDED ONLY AS A TOOL TO FACILITATE COMMUNICATIONS BETWEEN USERS. LIFEPOD DOES NOT PROVIDE ANY MEDICAL SERVICES, NOR DOES IT PROVIDE EMERGENCY OR URGENT MEDICAL SERVICES. YOUR USE OF THE LIFEPOD SERVICES DOES NOT ESTABLISH A HEALTH CARE PROVIDER/PATIENT RELATIONSHIP OR ANY OTHER COMPARABLE RELATIONSHIP, BETWEEN THE CARE RECIPIENT OR PRIMARY CAREGIVER AND A LICENSED HEALTH CARE PROVIDER.

PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU OR YOUR CARE RECIPIENT ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.

Monitoring and Enforcement of User Content

We have the right (but not the obligation) to:

  • Take any action that we deem necessary or appropriate with respect to any User Content or Audio Content in our sole discretion if we believe that such User Content or Audio Content violates these Terms of Service, infringes any intellectual property right or other right, threatens the personal safety of LifePod users, or could create any liability for the Company. You agree that we will not have any liability to you or any other person for taking such actions.
  • Disclose your identity to any Care Recipient (if you are an associated Caregiver) who claims that material configured by you violates their rights in some way, including their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone configuring any voice dialogs on or with the Caregiver Portal. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

We cannot and do not undertake to review dialogs that you input into the Services before they are configured on or transmitted from the Caregiver Portal and cannot ensure prompt removal of objectionable material if it is created or transmitted in a Caregiver-configured dialog. We shall have no liability for any action or inaction regarding the content of Caregiver-configured dialogs, communications, or other content provided by any member of a Caregiving Team to a Care Recipient.

Information About You and Third-Party Services

All information that we collect from you through the Services is subject to our Privacy Policy https://lifepod.com/privacy/. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

As part of the LifePod Services, Care Givers and Care Recipients will have access to third party streaming media services. Such media services may be free and/or LifePod will identify which, if any, third party streaming media are included in the price of your monthly subscription. Your use of any third-party streaming media service will be subject to the terms of use and/or privacy policy of each such third party.

If you use a third-party service, your information may be exchanged or shared with that service, such as your ZIP code when you ask for the weather, your custom music stations, information about your auxiliary products, or the content of your requests. Your use of any third-party service is subject to the terms of use and privacy policy of such third party. If you do not accept the third-party terms applicable to a third-party service, do not use that third party service. You are responsible for any information you provide to any third party. LifePod has no responsibility or liability for third party services.

User Content Standards

The following content standards apply to any and all User Content.

User Content must not:

  • Contain any dialogs which a reasonable person would consider defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Violate the legal rights (including intellectual property rights and the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Be intended or likely to deceive any person, especially, but not only, a Care Recipient.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person, especially, but not only, a Care Recipient.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, including without limitation contests, sweepstakes and other sales promotions, or advertising.
  • Create the impression that any User Content or Audio Content originates from LifePod, or any other person or entity other than the Primary Caregiver, if it does not.

Reliance on Caregiver-Configured Voice Dialogs or Other User Content

Any voice dialogs and Audio Content configured and made available through the Services are made available solely for the convenience of the User, specifically the Care Recipient and any members of the Caregiving Team. If a User chooses to use any pre-configured dialogs that the Company may offer, the User is solely responsible for ensuring that such dialogs are appropriate for the Care Recipient and assumes all risk of using them. When a User selects and uses any pre-configured dialogs, they become User Content for purposes of these Terms of Service.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY USER CONTENT OR OTHER CONTENT. Any reliance by a User, specifically the Care Recipient and any member of the Caregiving Team, on such content is entirely at their own risk. We disclaim all liability or responsibility arising from any User’s reliance on such materials.

DISCLAIMER OF WARRANTIES

You understand and acknowledge that technical support is only provided via email or to a limited extent by phone, in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services; that the technical processing and transmission of the voice dialogs and human or synthetic voice utterances within them, including User Content and Audio Content, may be transferred unencrypted (provided that we do use all reasonable efforts to encrypt transmissions); and may involve (a) transmissions over various communications networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OR MATERIALS OBTAINED THROUGH THE SERVICES OR FROM ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES AND LIFEPOD CONTENT IS AT YOUR OWN RISK. THE SITE, THE LIFEPOD CONTENT, AND THE SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR LIFEPOD CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR LIFEPOD CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR LIFEPOD CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY; EXCLUSION OF DAMAGES

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST TWELVE (12) MONTHS OUT OF WHICH SUCH LIABILITY AROSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING LIMITATION AND EXCLUSION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Indemnification

You shall be solely responsible for any text, voice, audio, or visual content or other User Content that you create, submit, or post through the Services or play on the LifePod-enabled device. You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from (i) your violation of these Terms of Service, (ii) your use of the Services or your Care Recipient’s use of the Services and LifePod-enabled Device, including, without limitation, any use of the pre-configured voice dialogs, content, services and products other than as expressly authorized in these Terms of Service, and (iii) any actual or alleged infringement of a third party’s intellectual property rights of the User Content or your use of the Services not in compliance with these Terms of Service.

Copyright Claims

If you believe any materials accessible through the Services infringe your copyright, you may request removal of those materials (or removal of access to those materials) from the Services by contacting LifePod’s copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

LifePod’s agent for copyright issues relating to this web site is as follows:

LifePod Solutions, Inc.

Attn: Copyright Agent

759 Chief Justice Cushing Hwy

Box 255

Cohasset, MA

02025-2115

Email: copyright@lifepod.com

In an effort to protect the rights of copyright owners, LifePod maintains a policy for the termination, in appropriate circumstances, of Users who are repeat infringers.

Geographic Restrictions

LifePod is based in the Commonwealth of Massachusetts in the United States. We provide the Services for use only by persons located in the United States or Canada. We make no claims that the Services or any LifePod Content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with local laws.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state or federal courts sitting in Suffolk County, Commonwealth of Massachusetts. You irrevocably consent and waive any and all objections to the exercise of personal jurisdiction by such courts and to venue in such courts.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you (i.e., the User) and LifePod and govern your use of the Services, superseding any prior agreements. If any provision of these Terms of Service is held by a court 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 of Service will continue in full force and effect.

Arbitration

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying laws of the Commonwealth of Massachusetts.

Feedback

We welcome any comment, question and communication at www.lifepod.com/support/. Any feedback, comments, or suggestions you may provide regarding LifePod is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You are allowed, even encouraged, to publicly talk and write about LifePod including the Caregiver Portal and Dialog Management System. For this reason, we kindly ask you to not publish anything that might inaccurately represent the Services or the user experience. In general, we trust your judgment and discretion in helping us to develop and improve the Services and to spread the news about LifePod to the world!