Terms of Service

Last updated:  November 20, 2019

Acceptance of these Terms of Service 

Welcome to LifePod! (a.k.a. “we” or “us” or “the Company”). We are excited to have you visit our website. 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.

We want to keep our relationship with you as lean and informal as possible, but please read these Terms of Service (ToS) carefully before you start to use 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”). 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 and abide by 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’d also invite you to contact us at https://lifepod.com/support/. LifePod is all about collaboration and support for caregivers and care recipients, and we’d be happy to hear your comments and suggestions regarding how to improve this agreement or, more importantly, how to improve our virtual caregiving 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 foregoing eligibility requirements. 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 a healthcare proxy for a Care Recipient who will be using the LifePod Service, 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 healthcare proxy 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.

“Primary Caregiver”: A family member or relative, friend, or professional caregiver responsible for Care Recipient’s care, and who will 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.

NOTE: If you are a caregiver or legal guardian or have a healthcare proxy for a Care Recipient who will be using the LifePod Service, 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 healthcare proxy upon request.

“Caregiving Team Member”:  A family member or professional 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 or a Primary Caregiver or a Caregiving Team Member.

“Caregiver Portal”:  The online portal found at https://lifepodportal.com/ through which the Primary Caregiver configures LifePod-initiated dialogs for use by the Care Recipient.

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

Changes to the Terms of Service

LifePod is a revolutionary new concept in online, voice-first services and also a work in progress.  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; they 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 user name, account, password 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 agree to accept responsibility for all activities that occur under your account or Credentials. You agree to 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 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 the LifePod-enabled Device

The LifePod-enabled device requires access to WiFi broadband Internet access and AC electrical power and will not operate without both.  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 Google’s voice processing technology, and LifePod cannot be and is not responsible for its accuracy or performance.

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 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.

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 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 and 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 agree that you shall not use the Services and shall not allow others to use your Credentials to use the Services:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of LifePod Caregiver voice dialogs or user names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our judgement, may harm the Company or any users of the Services or expose them to liability.

 

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through and with the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the LifePod Content, or use any manual process to monitor or copy any of the LifePod Content or for any other unauthorized purpose.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce or try to introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server(s) on which the Services are hosted, or any server, computer or database connected to or networked with the Services.
  • 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.

 

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, “LifePod User Content”), and enables Users to transmit to other Users (hereinafter, “play”) audio content or services (collectively, “Audio Content”) via a LifePod-enabled Device.  All LifePod 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 LifePod 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 LifePod User Content solely to provide the Services.  You also agree that we may analyze, summarize, or aggregate your LifePod User Content; and to use your LifePod User Content and related demographic or personal information, without attribution, for purposes of providing you with technical or administrative support, and for understanding the usage of the Services and improving them.     We commit to using your personally identifiable information only in accordance with our Privacy Policy https://lifepod.com/privacy.

You understand and agree that you are solely responsible for any LifePod User Content that you create, add, modify, or submit. Any LifePod 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 Primary Caregiver configuring them.  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 voice dialogs or other LIfePod User Content created, configured, or submitted by you or any other LifePod User.

The Company is committed to protecting Users’ privacy.  Company employees are provided with yearly comprehensive training on HIPAA (Health Insurance Portability and Accountability Act of 1996) and how to handle sensitive information appropriately.  The Company is not a health care provider or other “covered entity” for purposes of HIPAA, however, and we do not represent that the Services comply with HIPAA’s privacy and security rules.  You understand that the dialogs that you create or choose may be transmitted in unencrypted form over WiFi networks and over the internet, and that they will be transmitted or collected audibly by the Lifepod-enabled Device.  You acknowledge and assume the risks of using the Services to transmit information that may be Protected Health Information (PHI) under HIPAA or other sensitive information.  You agree that LifePod shall not be responsible or liable for the use or confidentiality of any such information that you provide.

LIFEPOD DOES NOT PROVIDE MEDICAL CARE OR MEDICAL ADVICE

THE CARE RECIPIENT, PRIMARY CAREGIVER, AND CAREGIVING TEAM MEMBERS EACH ACKNOWLEDGE AND ACCEPT 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 LifePod User Content

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

  • Take any action with respect to any LifePod User Content or Audio Content that we deem necessary or appropriate in our sole discretion if we believe that such LifePod User Content or Audio Content violates these Terms of Service, infringes any intellectual property right or other right, or 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 Caregiver Portal.
  • Terminate your access to all or part of the Caregiver Portal 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 Caregiver-configured dialogs before they are configured on or transmitted from the Caregiver Portal and cannot ensure prompt removal of objectionable material if it is ever created or transmitted in a Caregiver-configured dialog. Accordingly, you agree that 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 Your Visits to the Website

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 streaming music provided exclusively by iHeartRadio.  This is a Free service included in the price of your monthly subscription.  As users of the Service, you agree to be bound by iHeartMedia’s Terms of Service which can be found here: (https://www.iheart.com/content/terms-of-use/) and Privacy Policy which can be found here: (https://www.iheart.com/content/privacy-and-cookie-notice/)]

LifePod User Content Standards

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

LifePod 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 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 LifePod 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 LifePod User Content

Any voice dialogs and Audio Content configured and made available through the Services are made available solely for the convenience of the Primary Caregiver (and any members of the Caregiving Team they may authorize) and the Care Recipient.  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 LifePod User Content for purposes of these Terms of Service.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY LIFEPOD USER CONTENT OR OTHER CONTENT. Any reliance by the Primary Caregiver (or any members of the Caregiving Team they may authorize) or the Care Recipient 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, 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 LifePod User Content and Audio Content, may be transferred unencrypted 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 LifePod 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 your violation of these Terms of Service or 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.

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
1 Lincoln Street
Suite 29106
Boston, MA 02111
Email: copyright@lifepod.com
Or call: (617) 925-1180

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 this Caregiver Portal 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 the 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 LifePod 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.

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 LifePod Services or the user experience. In general, we trust your judgment and discretion in helping us to develop and improve LifePod’s Services and to spread the news about LifePod to the world!

 

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