Avri Terms of Use

1. Who may use Avri

You must be 18 or older. By using Avri you confirm that you are.

If you set up Avri for someone else, such as a parent or a person you care for, you confirm that you have their permission to do so, and you accept these terms both for yourself and on their behalf. You are responsible for checking everything you enter for them, as section 5 describes.

2. What Avri is

Avri is a personal reminder tool. You enter the medicines you already have, the amounts and the times you choose, and Avri shows them on your phone and sends reminders at those times. It can also read the printed details on a medicine label, so you can check them and save them more quickly, and it keeps a simple record of the doses you mark as taken.

Everything Avri shows or reminds you about comes from what you enter or confirm. Avri never decides what you take, how much you take, or when you take it.

3. What Avri is not

• Avri is not medical advice. Nothing in Avri, including its reminders, notices, wording, labels, estimates and examples, is medical, pharmaceutical or health advice, or a recommendation to take, stop, change, skip or delay any medicine.
• Avri is not a medical device. It is not intended to diagnose, treat, cure, mitigate or prevent any disease or condition, and it has not been evaluated or cleared by the U.S. Food and Drug Administration or any other regulator.
• Avri does not check your medicines. It has no medicine database and does not check doses, strengths, schedules, interactions, contraindications, allergies, duplicate medicines, side effects, food or alcohol warnings, or whether a medicine is right for you. If Avri does not warn you about something, that does not mean it is safe.
• Avri is not your doctor or pharmacist. Using Avri does not create a doctor-patient, pharmacist-patient or any other professional relationship with us.
• Avri is not an emergency service. It does not monitor you, contact anyone, or call for help. In an emergency, call 911. For a possible poisoning or overdose, call Poison Control at 1-800-222-1222.
• Avri is not a medical record. The record of doses marked as taken shows only what was tapped on your phone. It is not proof that a dose was or was not taken, and it should not be relied on by you or anyone else as a medical record.

4. Your medicines are your responsibility

You, together with your doctor, pharmacist and other healthcare professionals, are solely responsible for every decision about your medicines. In particular, you are responsible for:

• What you take, how much, how often and when, which you must decide only on the instructions of your prescriber, your pharmacist and the medicine's label.
• Interactions and adverse reactions. Checking with your doctor or pharmacist that your medicines, supplements, foods and drinks are safe to take together, and watching for and acting on any side effect, allergic reaction or other adverse effect.
• Following professional instructions over Avri. Where anything in Avri differs from what your doctor or pharmacist told you or from the label, follow your doctor, your pharmacist and the label, always, and correct what you entered.
• Missed, late, extra and skipped doses. If you miss a dose, take one late, take one twice, or are unsure whether you took one, ask your pharmacist or doctor what to do. Avri does not tell you, and its "Remind me in 15 min", "Skip this dose" and "Taken" buttons are only a way of recording your own decision.
• Travel and time zones. If you travel, ask your doctor or pharmacist how to time your medicines. Avri's travel choices ("Follow local time" or "Keep a steady rhythm") only move reminders in the way you choose; they are not advice on how your medicines should be timed.
• Supplies, refills and expiry. Ordering refills and checking expiry dates. Avri's counts of how many are left, and its refill and expiry notices, are estimates based only on what you entered and tapped, and may be wrong.
• Asking questions. Any question about a medicine or your health should go to your doctor or pharmacist, not to Avri or to us.

5. Check what you enter

Avri can only remind you based on what you enter. If a detail is wrong, the reminder will be wrong too.

• Enter details exactly as your prescription and label say, and check them again whenever a prescription, dose, strength or schedule changes.
• Label scanning can misread. Text read from a photo of a label may be wrong, incomplete, or read from the wrong part of the label. Avri asks you to confirm that you have checked scanned details against your label before they can be saved; by confirming, you accept responsibility for those details. Avri never sets reminder times from a label; you always set them yourself.

We are not responsible for any reminder, notice or estimate that is wrong because of what was entered, confirmed or tapped, by you or by anyone using your phone.

6. Reminders can fail

Avri uses your phone's notification system. We cannot guarantee that any reminder will be delivered, delivered on time, seen or heard. A reminder can be missed or delayed if, for example, your phone is off, out of battery, silenced, in Do Not Disturb, a Focus mode or Low Power Mode; notifications for Avri are turned off; the date, time or time zone on your phone is changed; your phone's software is updated or limits how many reminders an app may schedule; Avri has not been opened for a long time; or Avri is deleted or its data is lost.

Do not rely on Avri alone for any medicine where a missed or late dose could harm you. Keep another way of remembering, such as a pill organiser, an alarm, or help from another person, and ask your doctor or pharmacist what to do if a dose is missed.

Reminders appear on your phone and may be visible on the lock screen to anyone near it. You choose how much detail they show, and you are responsible for that choice.

7. ASSUMPTION OF RISK AND RELEASE

Medicines can cause serious harm, including when taken as directed, when taken at the wrong time or in the wrong amount, when a dose is missed, and when medicines interact.

YOU USE AVRI AT YOUR OWN RISK. YOU ACCEPT AND ASSUME ALL RISK ARISING FROM YOUR MEDICINES AND FROM HOW AND WHEN YOU TAKE THEM, and you agree that we are not responsible for any illness, injury, adverse reaction, worsening of a condition, death or other harm arising from any medicine, dose or schedule, including where a reminder was missed, late, duplicated, wrong or not delivered, where a scanned detail was misread, or where an estimate, notice or record in Avri was wrong.

TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE US FROM ALL SUCH CLAIMS, INCLUDING ANY CLAIM BASED ON OUR NEGLIGENCE. Where the law does not allow a claim to be released, section 15 applies to it.

8. Your information and your device

Avri keeps everything you enter only on your phone. We have no account system and no server holding your information, and we cannot see, recover or restore it. If you delete Avri, reset or lose your phone, or it is damaged, your information may be lost for good. A backup of your phone made through Apple is yours and is governed by Apple's terms, not ours. Our Privacy Policy explains this in more detail.

You are responsible for keeping your phone secure, for example with a passcode, and for anyone you allow to use it.

9. Acceptable use

You may use Avri only for your own personal, non-commercial reminders, or those of a person you care for under section 1. You may not use Avri in a hospital, care home, pharmacy or other professional setting as a tool for administering medicines to others, or in any way that breaks the law.

10. Our content

Avri, its name, design and software are owned by ChesKat Enterprises, LLC. You may use the app for your own personal use. You may not copy, resell, reverse-engineer, or build a competing product from it, except to the extent the law allows despite this restriction.

11. Subscriptions

Using Avri requires an auto-renewing subscription sold through Apple. The plans, prices and any free trial are shown on the purchase screen before you subscribe.

• Payment is charged to your Apple Account at confirmation of purchase.
• Any free trial is stated at the point of purchase and is available once per Apple Account. If you have had it before, you are charged from the start, and the purchase screen will say so. If you subscribe to another plan during a free trial, the unused portion of the trial is forfeited.
• Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period.
• Manage or cancel in your Apple Account settings. Deleting the app does not cancel a subscription.
• Subscriptions are not shared through Family Sharing.
• Prices may change. We will tell you before a change affects you, as Apple requires.
• Refunds are handled by Apple, under Apple's policies. We cannot issue them.

If your subscription ends, Avri may stop showing your medicines, and reminders may stop at any time, without further notice. Reminders already scheduled may still appear for a while; do not rely on them. Make other arrangements before letting a subscription lapse.

12. Changes to Avri

We may change, add or remove features of Avri at any time. If a change could affect your reminders, check your medicines and times in the app after updating.

13. No warranty

AVRI IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that Avri will be uninterrupted or error-free, that any reminder will be delivered or delivered on time, that scanned details will be read correctly, or that any count, estimate, notice or record will be accurate.

14. Indemnity

You agree to indemnify and hold harmless ChesKat Enterprises, LLC and its members, officers, and agents from any third-party claim, loss, or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of Avri, your use of Avri on behalf of another person, or your violation of any law or of anyone else's rights.

15. Limitation of liability

Nothing in these terms excludes or limits our liability for fraud, for wilful misconduct, or for damages required by law involving personal injury, to the extent the law does not permit that liability to be limited. If any limit below is not permitted, that limit does not apply and the rest of this section remains enforceable.

SUBJECT TO THE PARAGRAPH ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CHESKAT ENTERPRISES, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR PERSONAL INJURY, ILLNESS OR DEATH, LOST DATA OR LOSS OF PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, AVRI, INCLUDING ANY MISSED, LATE OR WRONG REMINDER.

SUBJECT TO THE SAME, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO AVRI WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR AVRI IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) FIFTY US DOLLARS ($50).

These limits apply whatever the legal theory, including contract, warranty, tort (including negligence), product liability or otherwise, even if we were told the damage was possible.

16. Ending your use

You may stop using Avri at any time by deleting the app and cancelling your subscription. We may suspend or discontinue Avri, in whole or part, at any time, and may end your right to use it if you break these terms. If we discontinue it while you hold a paid subscription, contact Apple regarding a refund of the unused portion. Sections 3 to 8, 10, and 13 to 23 continue to apply after your use ends.

17. Changes to these terms

We may update these terms. If a change is significant, we will ask you to accept the new version in the app before you can continue using it. Otherwise, continuing to use Avri after a change means you accept it.

18. Governing law

These terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules, except that section 19 is governed by the Federal Arbitration Act. Any dispute that does not go to arbitration, or that is brought after opting out of section 19, will be brought in the state or federal courts located in Denver, Colorado, and you consent to their jurisdiction.

Nothing in this section removes any protection given to you by the consumer-protection law of the state where you live, where that law does not allow it to be displaced.

Before filing anything in court, you agree to send us the notice described in section 19.1 and to allow the 60 days it provides, whether or not you have opted out of section 19.

To the extent the law allows, any claim relating to Avri or these terms must be started within one year after it arises, or it is permanently barred. This applies in arbitration and in court alike.

19. Arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. IT REQUIRES THAT DISPUTES BE RESOLVED BY INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION.

19.1 Informal communication. Before starting arbitration or any court case, you agree to send us a written notice of the dispute at the email address in section 21, giving your name, a description of the problem, and what you would like us to do about it. We will do the same if we have a claim against you. We then each agree to try in good faith to resolve the dispute informally for 60 days from the notice. Neither of us may start arbitration or a case before those 60 days have passed, and the time limit for bringing the claim is paused while they run.

19.2 Individual arbitration. If we cannot resolve the dispute, any dispute between you and us relating to Avri or these terms, including whether this section applies, will be resolved by binding individual arbitration and not in court, except as sections 19.4 and 19.5 provide. The Federal Arbitration Act governs this section.

19.3 How the arbitration works. The arbitration will be run by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in force when the arbitration starts, which are available at adr.org. A single arbitrator decides the dispute and may award anything a court could award to an individual, and nothing more. The arbitration will be held by video or telephone, or on documents alone if the claim is for less than $10,000. The arbitrator's decision is final and may be entered as a judgment in any court with jurisdiction. The arbitrator, not a court, decides whether a dispute falls within this section, except that only a court may decide whether section 19.6 or 19.7 can be enforced. If the AAA is unavailable or declines to administer the arbitration, you and we will agree on another established arbitration provider to run it under comparable consumer rules, and if we cannot agree within 30 days either of us may ask a court to appoint one under section 5 of the Federal Arbitration Act. This section stays in force regardless of which provider runs the arbitration.

19.4 Small claims. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction, so long as it remains in small-claims court as an individual claim.

19.5 Court for injunctions and intellectual property. Either of us may ask a court for an injunction or other urgent relief to stop actual or threatened misuse of Avri or infringement of intellectual-property rights, without first going through section 19.1.

19.6 No class actions. You agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not combine one person's claims with another's or preside over any form of class or representative proceeding, and may award relief only to the individual seeking it and only as needed for that individual's claim.

19.7 Jury trial waiver. Where a dispute is heard in court rather than arbitration, you waive any right to a jury trial to the extent the law allows.

19.8 Fees. Filing, administrative and arbitrator fees are allocated as the AAA Consumer Arbitration Rules provide, which cap the fee you pay and place the rest on us. Each of us pays our own lawyers, except that where a statute or the rules provide for the recovery of lawyers' fees, the arbitrator may award them. We will not seek our lawyers' fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.

19.9 Many similar claims. If 25 or more demands for arbitration raising similar issues are filed by, or with the coordination of, the same lawyers or organisation, they will be administered under the AAA's Mass Arbitration Supplementary Rules in force at the time, or the equivalent rules of a substitute provider under 19.3. The time limit for bringing a claim is paused from the day a demand is filed until it is assigned to an arbitrator.

19.10 Opting out. You may opt out of arbitration under this section by emailing us at contact@cheskatenterprises.com within 30 days of first accepting these terms, with the subject line "Arbitration opt-out", your name, and a statement that you opt out of arbitration. Opting out does not affect any other part of these terms. If you opt out, disputes will be heard in the courts named in section 18. Sections 19.6 and 19.7, the class-action and jury-trial waivers, continue to apply even if you opt out of arbitration, to the extent the law allows.

19.11 If part of this section fails. If any part of this section is found unenforceable, the rest remains intact and fully enforceable, except that if section 19.6 is found unenforceable for a particular claim, that claim will be heard in the courts named in section 18 rather than in arbitration, and any arbitration of other claims will be paused until that court case is over.

19.12 Changes to this section. If we change this section after you accept these terms, the change does not apply to any dispute you gave notice of before the change, and you may reject the change by opting out under section 19.10 within 30 days of the change taking effect.

20. Apple

Avri is distributed through Apple's App Store, and your licence to the Avri software is granted under Apple's Licensed Application End User License Agreement (Apple's standard licence), which you accepted when you first used the App Store. That licence governs the software licence itself. These terms govern the relationship between you and us: what Avri is and is not, your responsibilities, assumption of risk, subscriptions, warranties, liability, and how disputes are resolved. If the two ever appear to overlap, Apple's standard licence applies to the licence to the software and these terms apply to everything else about Avri.

Apple is not a party to these terms, is not responsible for Avri or its content, and has no obligation to provide maintenance or support for it. We are responsible for Avri, for any claim relating to it, and for support, which you can reach at the address in section 21. Apple and Apple's subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

21. Contact and support

ChesKat Enterprises, LLC Colorado, USA contact@cheskatenterprises.com

Support for Avri, and any question, complaint or notice about it, including a notice of dispute under section 19, comes to us at that email address, not to Apple. Legal notices may also be sent by post to our registered agent, as shown on the Colorado Secretary of State's record for ChesKat Enterprises, LLC. Do not send us questions about your medicines or your health; we cannot answer them. Ask your doctor or pharmacist.

22. The in-app agreement

Before using Avri you agreed, in the app, to a short statement that Avri only reminds you based on what you enter and does not give medical advice. That statement is part of these terms. If it and these terms ever appear to conflict, these terms control, except that nothing in these terms narrows a warning or limit given in that statement.

23. General

These terms, together with the in-app agreement and our Privacy Policy, are the whole agreement between you and us about Avri. Section 19 is a separate agreement to arbitrate that survives if the rest of these terms end or are found unenforceable. If any part of these terms is found unenforceable, it will be enforced to the fullest extent allowed and the rest still applies. If we do not enforce a term on one occasion, we may still enforce it later. You may not transfer your rights under these terms to anyone else; we may transfer ours to a successor of our business, and will tell you in the app if we do. Headings are for convenience only. Nothing in these terms takes away rights that the law gives you and does not allow to be waived.