Terms of service

Last updated: January 1, 2025 

Welcome to Remmie!  

These Terms of Service (these “Terms”) constitute a legal agreement between you and Remmie, Inc. (“Remmie”, “we”, “our”, or “us”) stating the terms and conditions that govern your access to and use of all products and services that Remmie makes available to you, including our website www. remmiehealth.com (the “Site”), Remmie mobile applications (the “App”), digital examination tools such as Intelligent Home Otoscope and Specula (the “Device”), Remmie cloud services and platform (the “Platform”), and all content and documentation therein (collectively, the “Services”).  

By accessing or using the Services, setting up an account with us, or clicking on a button on the Services indicating your consent, you hereby acknowledge that you have read and understand these Terms and our Privacy Policy, which explains how we collect, use, and share your personal information, and you hereby agree to comply with and be legally bound by them.  

IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THE SERVICES OR DISCONTINUE THE USE OF THE SERVICES IMMEDIATELY. 

IMPORTANT: IN CASE OF EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY SERVICES.  

The Services include: (i) At-Home Examinations by devices designed for conducting ear, nose, and throat (ENT) examinations in home settings to facilitate health monitoring and data collection; (ii) A Telehealth Solution enabling the transmission and communication of Medical Information (as defined below) between individuals seeking health services for themselves or on behalf of others ("Patients") and licensed health service providers registered to the Services in their professional capacity ("Clinicians"); and (iii) AI-Powered Tools designed to analyze medical images for the identification of potential abnormalities, including but not limited to ear infections and acute otitis media (AOM), to assist with early detection, diagnosis, and treatment recommendations. 

The Service is available through the use of the Device which allows the viewing, capturing, measuring, processing, transmitting, and displaying Patients physiological data of relevant body parts or organs including but not limited to ears, throat and nose, and including but not limited to physiological data such as clinical visual appearance, audio sounds (as applicable) and other measurements of such body organs (“Patient Medical Information”).  

The Service also allows for the communication of Patient Medical Information, inter-alia, for the purpose of producing clinical diagnosis and the communication of such clinical analysis or diagnosis information back to the Patients (“Medical Diagnosis Information”) (Patient Medical Information and Medical Diagnosis Information, collectively “Medical Information”).  

The Services enable communication of the Medical Information through the App or the Device either in an off-line mode by conveying the Medical Patient Information and receiving Medical Diagnosis Information at a later stage, or in real-time mode, as a virtual visit, by on-line live video connecting Patients with Clinicians in real time, in parallel to streaming of the Patient Medical Information.  

REMMIE IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE. 

The Services provided by Remmie are intended to assist with health monitoring, facilitate communication between Patients and Clinicians, and supplement diagnostic insights through AI-powered image analysis.  

Remmie acts solely as a conduit and platform for transmitting Medical Information between Patients and Clinicians. If an AI-Powered Tool is used, any AI-generated provisional diagnosis is for informational purposes only, should not be alone treated as medical advice, and is intended to complement traditional medical information sources. 

The Services are not a substitute for professional medical examinations, diagnoses, or treatments. Reliance solely on the Services is at your own risk. Always consult a qualified healthcare professional for medical decisions. 

You understand that through any communication with a Clinician via the Services, you are not entering into a provider-patient relationship with Remmie. 

The Services are not designed for crises or medical emergencies. In case of a medical emergency, call 911 or your local emergency services and go to the nearest clinic or emergency room. 

Remmie is not responsible in any way for any information, diagnoses, or treatment recommendations conveyed through the Services by or to you. Remmie is not liable for any decisions made or actions taken, whether in whole or in part, based on the Services. Remmie is not liable any loss, injury, harm, inconvenience, or damage resulting from or related to the use of the Services. 

By using the Services, you agree that Remmie bears no responsibility or liability for any claims, losses, or damages arising from your use of the Services. Remmie and its affiliates make no representation or warranty regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained in the Services. You acknowledge and accept that use of the Services is entirely at your own risk. 

Telemedicine involves the use of electronic communications to allow health care providers in different locations to share Medical Information for improved patient care. 

At your request and with your explicit consent, Remmie may collect health data on your behalf for Clinician as a third-party telemedicine provider, strictly for the purposes you approve. Any data shared or transferred between Remmie and Clinician will follow strict security protocols to protect your data. 

By accepting these Terms, you consent to Remmie, our affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. You agree that it is solely your responsibility to monitor and review these communications. You further acknowledge that Remmie and its affiliates are not liable for any loss, injury, or claim resulting from your failure to monitor, read, or act upon these communications, or to follow any recommendations provided within them. 

The Services may change from time to time as we evolve, refine, add, or remove features of the Services. Remmie reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Remmie shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period. 

You need to create an account with us to access and use the Services. When you create this account, you must provide accurate and current information. It is important that you maintain and promptly update your information to keep it update-to-date. All information you provide to register with the Services or otherwise is governed by our Privacy Policy. 

You are responsible for maintaining the confidentiality of your account username and password. You are solely responsible for all activities that occur under your account. If you know or suspect of any unauthorized access to or use of your account or any other breach of security, please notify us immediately.   

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES AND CREATE A USER ACCOUNT. 

You may however add Patient(s) under the age of 18 ("Minor Dependents") to your account, but only if you are their parent or legal guardian. For any Patient, whether or not a Minor Dependent whom you are adding under your account, you are hereby acknowledging and agreeing to these Terms on behalf of such Patient, and you declare to Remmie that you have all legal authority to bind such Patient and have the necessary legal capacity, authorities, and consents to act on their behalf, including the authority to submit, access, transmit, and manage such Patient’s Medical Information. You assume full responsibility for your actions and omission on behalf of the Patient(s) listed under your account. All users, including you, Patients, and Clinicians, are subject to these Terms. 

Remmie reserves the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any of these Terms or violate any applicable laws. Upon fulfillment by you of any subscription period or obligations, you may delete your account at any time, for any reason, by following the instructions on the Services, and/or received from our support team. 

NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. WE SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY OR LOSS. 

By using the Services, you represent and warrant that: 

(i) You have the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations on behalf of yourself and any Patients listed under your account; 

(ii) You reside in the United States. Access to the Services may not be available outside the U.S.;  

(iii) If you connect to, access or use the Service on behalf of any third party, family member or Minor Dependent, you have the legal authority to do so and to agree to these Terms on their behalf; 

(iv) You possess the knowledge and judgment necessary to decide whether to use the Services or otherwise rely on any information available therein; 

(v) You will obtain appropriate healthcare advice (including medical advice) to protect your interests and health before relying on any Medical Diagnosis Information provided through your use of the Services. You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Remmie, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service; 

(vi) You possess any and all consents required under any applicable laws, for the uploading, processing, transmitting and displaying of any personal and Medical Information of others on behalf of whom you are acting in connection with the Services, and you shall adhere to any applicable laws regarding such information; 

(vii) Your use of the Services does not violate any laws or agreements you are subject to;  

(viii) All information you submit to the Services is accurate;  

(ix) You are solely responsible for complying with all laws related to your use of the Services; and  

(x) You will comply with these Terms and not violate any of their provisions. 

If you are a Clinician, you hereby undertake and represent to Remmie that:  

(i) you are a licensed healthcare provider, and your license is valid and in good standing;  

(ii) you will use your best efforts and employ reasonably accepted professional standards in your field of practice when using the Services, including evaluating Medical Information and providing diagnoses or recommendations;  

(iii) you have the authority, rights, and consents required to provide healthcare services, upload content, and share Patient Medical Information as needed for consultations;  

(iv) you have the legal authority to agree to these Terms;  

(v) you will keep all information accessed through the Services confidential and will only use it to provide healthcare services, and you will not copy, store, or share this information for any other purpose;  

(vi) you will not accept payments, benefits, or incentives in violation of any laws or ethical standards;  

(vii) you acknowledge that any Patient you interact with, or receive access to its Medical Information, through the Services, is deemed your patient under applicable laws, and you agree to comply with such laws when providing healthcare services; and  

(viii) you will protect and maintain the confidentiality of Patient Medical Information and disclose it only to third parties bound by appropriate confidentiality obligations, as needed to provide healthcare services. 

We may incorporate artificial intelligence (AI) technologies into the Services, including Convolutional Neural Networks (CNNs), to analyze medical images and assist in diagnostic processes. CNNs are a class of deep learning algorithms particularly effective in image recognition and classification tasks. These tools are designed to enhance the accuracy and efficiency of medical image analysis, providing insights to support clinical decision-making. 

However, our AI-powered tools are intended to assist healthcare providers and are not a substitute for professional medical judgment. Users must interpret AI-generated analyses alongside other clinical information and should not rely solely on AI outputs for diagnostic or treatment decisions. 

We may use data inputs and outputs to train or improve Remmie’s CNN model, provided that all the data is (a) de-identified to protect your privacy and that of others, and (b) aggregated with data from other users.   

BY ACCESSING AND USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND AGREE TO THE USE OF AI TECHNOLOGIES, INCLUDING CNNS, AS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THE TERMS OUTLINED IN THIS SECTION, PLEASE DISCONTINUE THE USE OF OUR SERVICES. 

Our AI-powered tools, including CNNs, are regularly updated with new data to improve accuracy and performance. Updates may result in changes to the analyses provided by the Services. We will notify users of significant updates that may affect the use of the Services. 

The warranty disclaimers and liability limitations in these Terms apply to all AI-powered tools and features in the Services.  

Remmie may offer various subscription plans for the Services and/or a one-time payment for the Device. We reserve the right to modify the subscription and/or the Device fees and payment policies from time to time. Subscriptions will be automatically renewed until earlier cancelled before the end of the current period. You can cancel via your account settings or by contacting us, but no refunds are provided for the current period. Except as otherwise specified herein or in any purchase order, all subscription fees and applicable taxes are quoted and payable in United States dollars. Payment is non-cancelable and non-refundable.  

Payments can be made via third parties. These payment processing services are subject to their own terms and conditions, privacy policy, and all other relevant agreements. By agreeing to these Terms, you hereby agree to be bound by the terms of the applicable payment processor and authorize the applicable payment processor to store and continue billing your specified subscription fees. Remmie assumes no liability for any payments you make through a payment processor. 

All the content, software, tools, text, images, logos, marks, photographs, data, audio, video, design, codes, layout, “look and feel”, other content that is included or otherwise made available through the Services and all intellectual property rights related thereto, excluding User Submissions, are either owned or licensed by us (“Our Content”). Use of Our Content (excluding your own User Submissions) or the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Remmie and respective licensors reserve all rights not expressly granted in and to their content. 

Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Services. You acknowledge and agree that we may terminate this license at any time for any reason or no reason.  

Any use of the Services in any manner not allowed under these Terms, including, without limitation, resale, transfer, modification or distribution of the Services or copying or distribution of text, pictures, music, video, data, hyperlinks, displays and Our Content provided by the Services is prohibited. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Services. Unless expressly permitted in a separate agreement with Remmie, you will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services or any part thereof. Any attempt to do so is a violation of the rights of Remmie and its licensors of the Services. 

Remmie and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. 

You and other users of our Services may submit, upload, transmit, display, or otherwise make available content through the Services, including without limitation, any medical images, videos, descriptions, questions, and comments (“User Submissions”). You hereby represent and warrant that you own all right, title and interest in and to that User Submissions or have necessary licenses, permissions and consents to submit it to the Services, and that the User Submissions do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other party.  

For all your User Submissions, you hereby grant Remmie and its affiliates a worldwide, royalty-free, sublicensable, transferable, perpetual and irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the User Submissions for any Services-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services.  

You can remove your User Submission by asking Remmie to delete it at which point Remmie will de-identify and/or aggregate your User Submission such that it is anonymized and no longer attributable to you. You acknowledge and agree that in certain instances, some of your User Submissions may not be completely removed and copies of your User Submissions may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions. 

You acknowledge and agree that we may collect, analyze and use de-identified and/or aggregated data regarding the usage and performance of the Services, including data derived from personal information, and create de-identified and/or aggregated data that is not identifiable to any specific person (“De-Identified Data”) as further described in our Privacy Policy. We may retain and use the De-Identified Data to, operate, analyze, improve or market the Services and any related products and services. 

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. 

You agree not to do any of the following: 

Remmie is not obligated to monitor access to or use of the Services or to review or edit any Content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content and/or User Submissions, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services.  

The Services may display, include, or make available content or software owned by third-parties (including software, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). Portions of the Services were developed and owned by third-parties and constitute Third-Party Materials. You acknowledge and agree that Remmie is not responsible for Third-Party Materials, including their effectiveness, accuracy, completeness, timeliness, validity, non-infringement, legality, decency, quality, or any other aspect thereof. Remmie does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. 

The Services may provide connectivity or links to other third-party websites, applications, software, and other content from third-party services providers such as social media partners, wireless carriers, and third-party software application developers (“Third-Party Services”). The Services may allow you to add/configure certain Third-Party Services to your device. Remmie has no control over, makes no representations or warranties whatsoever about any of the Third-Party Services that you may access, is not responsible for the availability of such Third-Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties. Users who utilize the Third-Party Services with the Services should be aware that their account and other personal information held by those third parties may be transmitted through and stored on Remmie servers and/or applications located in the United States and elsewhere. In addition, you understand and agree that the companies that provide the Third-Party Services may access, use and share certain information about you, if you use the Third-Party Services. You understand and agree Remmie is not responsible for these companies, or their use of any other of your information. Your use of the Third-Party Services is at your own risk. 

If you comply with these Terms, Remmie grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means. 

Since you can download the App from a third-party mobile application marketplace (e.g. App Store), a service provider or distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers in connection with your use of the App (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whereas the Rules of Use govern your use of the App. You agree to meet all the Rules of Use of the App Providers apply to you. 

Remmie offers a one (1) year warranty on the Device, pursuant to which Remmie warrants that the Device will materially conform to its specifications as provided to you in writing upon occurrence of the Transaction and that it will be free of material defects in materials and workmanship. If a Device is determined by Remmie to be defective during a 12-month period following completion of the Transaction (the “Warranty Period”), Remmie shall, at its option, repair or replace the Device free of charge to you. In the event Remmie cannot repair or replace a Device determined to be defective during the Warranty Period, Remmie will refund the amount of the original purchase price (plus any applicable taxes) upon receipt of proof of purchase.  

To exercise the above-stated warranty, you must submit a warranty claim by email to Remmie, Inc. at support@remmiehealth.com during the Warranty Period and within ten (10) days following the discovery of the defect. In addition, the Device must be returned to Remmie in accordance with the instructions provided at the time the claim is made.  

This warranty is subject to the following limitations: 

EXCEPT FOR THE LIMITED DEVICE WARRANTY IN SECTION 11(A) ABOVE, REMMIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF OUR SERVICES AND/OR DEVICE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH REMMIE INSTRUCTIONS AND RECOMMENDATIONS. 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS; (IV) THAT THE SERVICES OR ANY CONTENT, WILL BE ACCURATE, COMPLETE, RELIABLE, SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (V) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND REMMIE SHALL HAVE NO LIABILITY RELATING TO SUCH USE. REMMIE DISCLAIMS RESPONSIBILITY FOR ANY AND ALL MEDICAL INFORMATION UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS INCLUDING FOR ANY EXTERNAL MEDICAL INFORMATION.  

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL REMMNIE OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “REMMIE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT REMMIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL REMMIE OR THE REMMIE PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE CUMULATIVE AMOUNTS YOU HAVE PAID TO REMMIE FOR USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO REMMIE FOR THE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN REMMIE SHALL NOT HAVE ANY LIABILITY TOWARDS YOU. 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. 

You agree to indemnify, defend, and hold harmless the Remmie and Remmie Parties from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under these Terms, and the cost of pursuing any insurance providers, arising out of or relating to (a) your breach of these Terms, (b) your access to or use of the Services including, but not limited to, your User Submissions, (c) your acts, errors, or omissions, or (d) any actions taken by a third party using your account. Remmie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims. 

From time to time, we may update the Terms in our sole discretion. If we do, we’ll announce the updated Terms on the Site and/or through our App and we may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. Unless we state otherwise, the change, addition or deletion will apply to your use of the Services. You are deemed to accept the changes, additions or deletions if you use the Services after we have posted updated Terms. If you do not agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 

Remmie may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of these Terms. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease.  Remmie will not have any liability whatsoever to you for any suspension or termination of your rights under these Terms, including for termination of your account or deletion of your User Submission. If you have registered for an account, you may terminate these Terms at any time by contacting Remmie via an email to support@remmiehealth.com and requesting termination. 

Upon termination, any provisions that by their nature should survive termination shall remain in full force and effect.  This includes, without limitation, ownership of intellectual property provisions, warranty disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Remmie or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Submission associated with your account from our databases. 

We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (“Dispute”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Remmie agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REMMIE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms. 

As limited exceptions to Section 12.1 above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at support@remmiehealth.com or by regular mail at Attn: Arbitration Opt-Out, Remmie Inc., 17331 31ST Dr SE, Bothell WA 98012 within thirty (30) days following the date you first agree to these Terms. 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. 

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Remmie for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. 

YOU AND REMMIE 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. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.  

Notwithstanding the provisions of Section 17 “Changes” above, if Remmie changes any of the terms of this Section 19 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to support@remmiehealth.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Remmie’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Remmie in accordance with the terms of this Section 19 “Dispute Resolution” as of the date you most recently accepted these Terms. 

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 12 “Dispute Resolution,” the exclusive jurisdiction for all Dispute that you and Remmie are not required to arbitrate will be the state and federal courts located in the King County, Washington, United States, and you and Remmie each waive any objection to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms. 

These Terms constitute the entire and exclusive understanding and agreement between Remmie and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Remmie and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms will be null. Remmie may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. 

Unless otherwise stipulated herein, any notices or other communications provided by Remmie under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. 

If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. 

Remmie’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Remmie. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 

The failure of Remmie to comply with these Terms due to an act of God, war, fire, riot, terrorism, earthquake, an outbreak of a pandemic disease, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Remmie, shall not be deemed a breach of these Terms. 

You consent to receive communications about these Terms electronically through the email address listed in your account. If you wish to receive communications in another manner, you may contact us at support@remmiehealth.com to change your communication preferences. 

If you have any questions about these Terms or the Services, please contact Remmie at: Remmie, Inc. 1209 Orange St, Wilmington, DE 19801 or email to support@remmiehealth.com.