TERMS OF SERVICE FOR BYFIVE IOS APPLICATION

Last Updated: February 22, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS APPLICATION.

Purpose of the Application: This Pill Counting Application ("Application") is designed for inventory purposes ONLY. It is NOT intended, nor should it be used, as a basis for taking, dispensing, or administering medication.

Nature of the System: The Application operates as a supervised system. While it provides predictive counts, it requires human intervention and oversight to determine the ultimate accuracy of the model's predictions. Users are wholly responsible for verifying and confirming any counts generated by the Application.

Limitation of Liability: By using this Application, you acknowledge and agree that the developer, its affiliates, partners, and their respective employees, officers, directors, and agents (collectively, "Developer Parties") are not responsible for any errors, inaccuracies, or omissions, whether the result of negligence or any other cause, in the Application's pill count predictions or any resulting harm or damages incurred as a result. You hereby release and hold harmless Developer Parties from any and all claims, liabilities, damages, or expenses arising from or related to your use of the Application.

User Responsibility for Updates: You, the user, are required to promptly download and install all updates for the Application. The Developer is committed to improving the Application and may from time to time provide updates, including but not limited to bug fixes, patches, enhanced functionalities, and new versions of the Application. To ensure the optimal performance of the Application, access to certain features, services, or functionalities may be contingent upon your installation of the latest version of the Application. Failure to install updates may result in reduced functionality, security vulnerabilities, or the inability to access the Application or its services. By agreeing to these Terms of Service, you acknowledge and agree to this requirement and understand that it is your responsibility to check the App Store regularly for updates and to install them in a timely manner.

Consultation with Medical Professionals: Always consult with a medical professional regarding questions or decisions about medication administration. This Application should never replace or supersede the guidance, expertise, and judgment of healthcare professionals.

Data Privacy and HIPAA: The Application is designed to respect user privacy and is committed to aligning with privacy laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA). Users are reminded to not share any data that could be considered Protected Health Information (PHI) with the Application. The developer assumes no responsibility for any HIPAA violations that may result from user actions.

Data Collection: No data is collected from this application by ByFive.

No Guarantee of Accuracy: The Application's predictions and counts are based on algorithms and machine learning models which, while sophisticated, are not infallible. The developer provides no guarantee or warranty of the accuracy or reliability of the Application's outputs.

Potential Impact on Device: The user understands and agrees that the use of the Application may affect the device's performance and longevity, including but not limited to battery life, storage capacity, and overall device functionality. The Application's operation in terms of processing power and memory usage may vary and can be dependent on the device's specifications and the usage pattern of the user.

Limitation of Liability for Device Impact: The Developer shall not be liable for any damage, wear, or impact on the user's device arising from the installation or use of the Application, including but not limited to hardware damage, data loss, or system instability. The user agrees to assume full responsibility for any such impacts and releases the Developer from any claims, damages, losses, or liabilities arising in connection with the Application's impact on the device.

Updates and Modifications: The developer reserves the right to update, modify, or discontinue the Application at any time without notice. It is the user's responsibility to review these terms periodically for any changes.

By proceeding with the use of this Application, you acknowledge that you have read, understood, and agree to the terms and conditions set forth in this disclaimer.