End-User License Agreement (EULA) for PetMedPillCounter Application
Last Updated: December 2, 2024
**PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE PETMEDPILLCOUNTER APPLICATION. BY DOWNLOADING OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD OR USE THE APPLICATION.
1. Acknowledgement
This EULA is a legal agreement between you and ByFive Computer Vision Systems LLC ("we," "us," or "our") concerning the PetMedPillCounter application ("Application"). This EULA is concluded between you and ByFive Computer Vision Systems LLC only, and not with Apple Inc. ("Apple"). We are solely responsible for the Application and its content. Apple is not a party to this EULA and has no obligations with respect to the Application or its content.
2. Scope of License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Application for personal and/or internal business purposes on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to use the Application on any device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
3. Maintenance and Support
We are solely responsible for providing any maintenance and support services for the Application, as specified in this EULA or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Warranty
We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. However, we expressly disclaim any warranty that the Application will be error-free or that it will operate without interruption or inaccuracies, including but not limited to miscounts or incorrect pill identifications. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. You acknowledge that the accuracy of pill counts and related data provided by the Application is not guaranteed, and you should independently verify any information before relying on it for any purpose. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
5. Product Claims
You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Notwithstanding the foregoing, we disclaim all liability for any miscounts, inaccuracies, or errors in the pill counting or related functionalities of the Application. You agree that we shall not be liable for any damages or losses arising from your reliance on the Application's outputs, and you assume full responsibility for verifying the accuracy of any information provided by the Application.
6. Intellectual Property Rights
In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Contact Information
ByFive Computer Vision Systems LLC
Address: [Your Address]
Telephone Number: [Your Telephone Number]
Email Address: [Your Email Address]
If you have any questions, complaints, or claims with respect to the Application, please contact us at the above address or email.
9. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the Application. For example, if you use the Application on a device that requires wireless data service, you must not be in violation of your wireless data service agreement when using the Application.
10. Third-Party Beneficiary
You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
11. Privacy Policy
Your privacy is our top priority. Please refer to our Privacy Policy, which is incorporated by reference into this EULA, and is available within the Application or at [Link to Privacy Policy].
Data Collection and Usage
Image and Metadata Storage: The Application uses Amazon Web Services (AWS) to store images and associated metadata that you upload to facilitate pill counting, inventory tracking, and related functions. This metadata may include barcode information, medication names, dates, lot numbers, expiration dates, and other essential details required for the Application’s core functionality. None of this information is sold to third parties or used for any purpose other than providing the core services of the Application.
Email Usage: The Application collects and uses email addresses solely for contact and authentication purposes. Emails are used to create user accounts, verify account activity, and provide necessary communications regarding account access and application updates. We do not share or sell email addresses to third parties.
No Personal Health Information: The Application is not intended to store or process Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). You are encouraged to refrain from entering information that could be considered PHI within images or metadata.
Data Protection
Secure Storage of Images and Metadata: We employ secure AWS storage practices to protect your information. The Application is designed with security at the forefront to ensure that all user data is safeguarded.
User Rights
Access and Control: You maintain full control over the images and metadata you upload and may delete them at any time within the Application.
Data Deletion: You may delete your uploaded images and associated metadata within the Application. Once deleted, these records are permanently removed from our AWS storage, giving you complete autonomy over your stored content.
12. Termination
This EULA is effective until terminated by you or us. Your rights under this EULA will terminate automatically without notice if you fail to comply with any term(s) of this EULA. Upon termination, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.
13. Governing Law
This EULA and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of [Your State/Country], excluding its conflicts of law principles.
14. Changes to This EULA
We may update or modify this End-User License Agreement from time to time at our sole discretion. If we make any material changes to the terms, we will provide you with reasonable notice prior to the changes taking effect. Notification may be provided through the Application, via email to the address associated with your account, or by other reasonable means.
For the purposes of this EULA, a "material change" means any change that significantly affects your rights or obligations under this agreement.
Your continued use of the Application after the updated EULA becomes effective constitutes your acceptance of the revised terms. If you do not agree to the new terms, you must stop using the Application and uninstall it from your device.
We encourage you to review this EULA periodically to stay informed about our terms and conditions. It is your responsibility to ensure that the email address associated with your account is current and active, so you can receive any notices we send.
15. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION IN TERMS OF ITS ACCURACY, RELIABILITY, OR OTHERWISE. THE APPLICATION MAY PRODUCE INACCURATE RESULTS, INCLUDING BUT NOT LIMITED TO MISCOUNTS OR ERRORS IN PILL IDENTIFICATION. YOU ASSUME ALL RISK FOR ANY DAMAGES THAT MAY RESULT FROM RELIANCE ON, OR USE OF, THE APPLICATION.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.
By downloading or using the PetMedPillCounter Application, you acknowledge that you have read, understood, and agree to be bound by this EULA.
Privacy Policy for PetMedPillCounter
Last Updated: November 18, 2024
1. Introduction
Welcome to the PetMedPillCounter application (hereinafter referred to as "Application" or "PetMedPillCounter"). We, ByFive LLC, are committed to protecting your privacy. This Privacy Policy outlines how we collect, use, and safeguard the data you provide when using the Application.
2. Data Collection and Usage
a. Authentication Information
To authenticate users and enable access to the Application, we collect and store the following information:
Email Address
Username
Passwords
This information is essential for account creation, secure login, and user authentication.
b. Functional Data
To ensure the Application functions effectively, we collect and store the following:
Pill Images: Images of pills uploaded by users for counting purposes.
Pill Count Metadata: Information such as the number of pills counted, National Drug Codes (NDCs), and related data.
This data is used solely to provide and improve the core functionalities of the Application.
3. Data Protection
We prioritize the security of your data. While no system is entirely immune to risk, we implement industry-standard measures to protect your information against unauthorized access, alteration, disclosure, or destruction. All data, including images and metadata, is securely stored and managed within AWS services, including S3 and DataStore, which comply with robust security standards.
4. Data Sharing and Disclosure
a. No Commercial Sharing
ByFive LLC does not sell, lease, or share your data with third parties for commercial purposes.
b. Limited Usage for Functionality
Images and metadata collected through the Application are used strictly to deliver and improve the functionalities of PetMedPillCounter.
5. User Rights
a. Access and Correction
You have the right to access, update, or correct any data you have provided through the Application.
b. Data Deletion
If you wish to delete your account and associated data, please contact us at email@byfive.io. Upon request, all identifiable information, including uploaded images and associated metadata, will be permanently removed.
6. Compliance with Regulations
PetMedPillCounter is designed to prevent the collection or processing of Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act (HIPAA). Users must refrain from uploading any data that constitutes PHI. For more information about PHI, refer to: https://www.hhs.gov/answers/hipaa/what-is-phi/index.html.
7. Changes to This Privacy Policy
ByFive LLC reserves the right to modify this Privacy Policy as necessary. Any updates will be posted on this page, and significant changes will be communicated through the Application. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your data.
8. Contact Us
For any questions or concerns regarding this Privacy Policy, please contact us at:
Email: email@byfive.io