1. Introduction

Thank you for using Guppie!

Guppie is a mobile health application provided by Guppie, LLC, a Virginia-based company ("we," "us," "our," or "Guppie").

These Terms of Service ("Terms") govern your access to and use of the Guppie mobile application and any related services (collectively, the "Service"). By creating an account, downloading, installing, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not access or use the Service.

2. Eligibility

2.1 Age Restrictions

You must be at least 18 years of age to use the Service. If you are under 18, you may only use the Service with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms.

2.2 Parental/Guardian Consent

If you permit a minor to use the Service, you represent and warrant that you are the minor's parent or legal guardian and that you consent to the minor's use of the Service. You acknowledge that you are responsible for all use of the Service by the minor and any associated liabilities.

2.3 Authority to Enter Agreement

By using the Service, you represent and warrant that you have the legal capacity to enter into a binding agreement with Guppie, and that you are not prohibited from receiving the Service under the laws of the United States or any other applicable jurisdiction.

3. Account Registration

3.1 Account Creation

To use the Service, you must create an account by providing certain information about yourself. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Guppie of any unauthorized use of your account or any other breach of security.

3.3 One Account Per User

You may create and maintain only one account with the Service. You agree not to create or use multiple accounts for any person.

4. Service Description

4.1 Health Information Management

The Service provides tools for managing personal health information, including but not limited to medication reminders, prescription routing to pharmacies, and medical health record management.

4.2 No Substitute for Professional Medical Advice

THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT.

4.3 Drug-Allergy Information

While the Service may provide information regarding potential drug-allergy interactions, this information is for reference purposes only and should not be relied upon as the sole source of information regarding potential interactions or contraindications. Always consult with a healthcare professional before starting, stopping, or changing any medical treatment.

5. User Content

5.1 User-Generated Content

"User Content" refers to any information, data, text, files, images, or other materials that you upload, store, send, or receive through the Service, including personal health information.

5.2 Ownership of User Content

You retain all ownership rights to your User Content. By submitting User Content to the Service, you grant Guppie a limited, non-exclusive, royalty-free license to use, store, display, reproduce, and modify your User Content solely for the purpose of operating and improving the Service.

5.3 Sharing with Trusted Contacts

The Service allows you to share your health information with other Guppie users that you designate as trusted contacts. You are solely responsible for managing your trusted contacts and the information you choose to share with them. Guppie is not responsible for any actions taken by your trusted contacts with respect to your shared information.

5.4 Content Restrictions

You agree not to use the Service to upload, transmit, or share User Content that:

• Violates any applicable law or regulation;
• Infringes the rights of any third party, including intellectual property rights or privacy rights;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Contains any viruses, malware, or other harmful code;
• Interferes with the proper functioning of the Service.

6. Privacy and Data Security

6.1 Privacy Policy

Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

6.2 HIPAA Compliance

As a provider of services that involve personal health information, Guppie complies with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations. We implement appropriate technical, administrative, and physical safeguards to protect the confidentiality, integrity, and availability of your protected health information.

6.3 Authorization for Use and Disclosure

By using the Service, you authorize Guppie to use and disclose your personal health information as necessary to provide the Service, including sharing information with third-party service providers as described in these Terms and our Privacy Policy.

6.4 Security Measures

While we implement reasonable security measures to protect your information, no security system is impenetrable. We cannot guarantee the security of your information transmitted through the Internet, and any such transmission is at your own risk.

7. Third-Party Integrations

7.1 Use of Third-Party Services

To provide the Service's core functionality, Guppie utilizes certain third-party services, including a drug database service and a prescription routing service. These third-party services are an integral part of the Guppie application.

7.2 Consent to Use of Third-Party Services

By using the Service, you consent to Guppie's use of these third-party services and to the necessary sharing of your information with these services to the extent required for the proper functioning of the Service.

7.3 Third-Party Terms and Policies

These third-party services are governed by their own terms of service and privacy policies. Guppie does not control these third parties and is not responsible for their actions or inactions, including how they use, disclose, store, or protect your information.

7.4 Limitation of Liability

Guppie shall not be liable for any damages or losses arising from or related to the acts or omissions of these third-party services.

8. Fees and Payment

8.1 Free Service

The Service is provided free of charge. Guppie reserves the right to implement fees for the Service or certain features of the Service in the future.

8.2 Future Subscription Model

Guppie may offer premium features through a subscription model in the future. If we implement a subscription model, we will provide notice and obtain your consent before charging you for any subscription services.

8.3 Payment Processing

If you choose to purchase a subscription in the future, you authorize Guppie and its third-party payment processors to charge the payment method you provide for the applicable fees, including any applicable taxes and other charges.

9. Intellectual Property

9.1 Guppie Intellectual Property

The Service, including all content, features, functionality, and user interfaces, is owned by Guppie or its licensors and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, Guppie grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

9.3 Restrictions

You agree not to:

• Copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Service without Guppie's prior written consent;
• Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Service;
• Use the Service to develop a competing product or service;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Service.

10. Term and Termination

10.1 Term

These Terms will remain in effect until terminated by either you or Guppie as described in this section.

10.2 Termination by You

You may terminate these Terms at any time by deleting your account and discontinuing use of the Service.

10.3 Termination by Guppie

Guppie may terminate or suspend your account and these Terms at any time, without prior notice or liability, for any reason, including if Guppie believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Grounds for termination may include, but are not limited to:

• Violation of these Terms or any other policy referenced herein;
• Engaging in fraudulent, illegal, or harmful activities;
• Using the Service in a manner that could interfere with, disrupt, or negatively affect other users;
• Creating multiple accounts or accounts for others;

10.4 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Guppie may, but is not obligated to, delete any of your User Content following termination or discontinuation of your account.

10.5 Survival

Any provisions of these Terms that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Disclaimers

11.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 No Warranty

GUPPIE DOES NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11.3 Health Information Disclaimer

GUPPIE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY HEALTH INFORMATION, INCLUDING DRUG-ALLERGY INTERACTION INFORMATION, PROVIDED THROUGH THE SERVICE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

12. Limitation of Liability

12.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUPPIE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

12.2 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUPPIE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO GUPPIE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

12.3 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless Guppie, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

14. Dispute Resolution

14.1 Governing Law

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

14.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Virginia. The language of the arbitration shall be English. The arbitration award shall be final and binding on the parties.

14.3 Waiver of Class Actions

YOU AND GUPPIE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.4 Small Claims Court

Notwithstanding the foregoing, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

14.5 Injunctive Relief

Notwithstanding the foregoing, Guppie may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.

15. Modifications to the Service

Guppie reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. Guppie will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

16. Modifications to Terms

16.1 Updates to Terms

Guppie reserves the right to modify these Terms at any time. If we make changes, we will provide notice to you by posting the updated Terms on the Service, sending you an email, or by other means reasonably designed to notify you.

16.2 Effective Date

The updated Terms will be effective as of the time of posting, or on such later date as may be specified in the updated Terms.

16.3 Continued Use

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Guppie concerning your use of the Service.

17.2 Waiver

No waiver by Guppie of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Guppie to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17.3 Severability

If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.

17.4 Assignment

These Terms are personal to you, and you may not assign, transfer, or sublicense your rights or obligations under these Terms without Guppie's prior written consent. Guppie may assign these Terms at any time without notice to you.

17.5 Force Majeure

Guppie will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control.

17.6 Contact Information

If you have any questions or concerns about these Terms or the Service, please contact us at:

18. Acknowledgment