Terms of Service

These terms of service below (the “Terms”) set out an agreement (this “Agreement”) between us, CareCall, Inc. (“CareCall”), and a user (“you” or the “User”) of iOS application (the “App”), website, and all other software for our CareCall VCare solution (the “Solution”) regarding your use of any feature, content or part of the App, including CareCall’s services to be provided through the App (collectively, the “Service”). The Solution is an incident detection and management solution for nursing facilities, assisted living facilities, memory care facilities and any other facilities similar to these (collectively, the “Facilities”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. WITH RESPECT TO USERS RESIDING IN THE UNITED STATES, THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) IN SECTION 16.1 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION (THE “CLASS ACTION/JURY TRIAL WAIVER”) IN SECTION 16.2 THAT REQUIRE SUCH USERS, UNLESS SUCH USERS OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 16.1, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN SUCH USERS AND CARECALL, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE SUCH USERS AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, SUCH USERS EXPRESSLY WAIVE THEIR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON THEIR CLAIMS, AS WELL AS THEIR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Basic Agreement

This Agreement is a contract between CareCall and the User set out in the Terms. You must read and agree to these Terms before using the Solution. The Agreement shall come into effect when the User gives consent to the Terms. By using any feature, content or part of the App, the User shall be deemed to have consented to the Terms. You may use the Service only if you can form a binding contract with CareCall, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms.

The App is only intended for use by persons who work at the Facilities that have a valid contract with CareCall for CareCall’s provision of the Solution in the course of such persons’ provision of the service at the Facilities as part of the Solution. This Agreement is not a “consumer contract” defined in the Consumer Contract Act (the Act No. 61 of 2000) of Japan.

Subject to the Terms, CareCall grants to the User, and the User accepts, a non-transferrable, non-sublicensable, non-exclusive license to use, while this Agreement is effective, in such a way that CareCall intends you to use the App, the App on the device to which the App is initially downloaded.

This Agreement does not grant or transfer to the User any intellectual property right or any other right, title, or interest in or to any feature, content or part of the App other than the User’s license to use the App granted under Section 1.3 of this Agreement.

The User’s license to use the App granted under Section 1.3 of this Agreement is personal to the User and cannot be transferred even by inheritance. This Agreement shall be automatically terminated upon the death of the User.

The User shall not use the App in such a way that CareCall does not intend you to use the App.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “CareCall Content”), and all intellectual property rights related thereto, are the exclusive property of CareCall and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any CareCall Content. Use of the CareCall Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Users may choose to or CareCall may invite Users to submit comments or ideas about the Service, including without limitation about how to improve the Service or other products (“Ideas”). By submitting any Idea, the User agrees that such disclosure is gratuitous, unsolicited and without restriction and will not place CareCall under any fiduciary or other obligation, and that CareCall is free to use the Idea without any additional compensation to the User, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. The User further acknowledges that, by acceptance of such submission, CareCall does not waive any rights to use similar or related ideas previously known to CareCall, or developed by its employees, or obtained from other sources.

2. Changes to the Terms

CareCall shall be entitled to make changes to the Terms anytime by making the updated Terms public with reasonable means (including by posting the updated Terms on CareCall’s website). Such changes shall come into effects when such publication is made.

3. Changes to and Suspension/Termination of the App

CareCall shall be entitled to make changes to the App or Service, anytime without making any notice to the User. CareCall shall be entitled to suspend or terminate any feature, content or part of the App (including all of the App) anytime without making any notice to the User.

The User shall update the App promptly after a new version is made available. The User shall always use the newest version of the App.

CareCall shall be entitled to suspend or terminate all or part of CareCall’s provision of the Service anytime without making any notice to the User. If CareCall terminates all of CareCall’s provision of the Service, this Agreement shall be automatically terminated.

4. Account

Upon creating a user account with the App, the User shall provide truthful, accurate and complete information to CareCall. Upon any change to the information previously provided to CareCall, the User shall without undue delay notify CareCall of such change.

For the account of the User (the “Account”), the User shall use a password that has not been used for any other occasion which has sufficient complexity, and manage the password properly, so that anyone other than the User cannot use the Account. It shall be deemed that any use of the Account is made by the User. CareCall shall be in no way liable for the use of the Account by anyone other than the User.

CareCall shall be entitled to terminate this Agreement, and delete the Account of a User, without making any notice to the User, if the User does not use or access their Account for more than three (3) years.

Upon deletion of the Account for any reason, the User shall not be entitled to access to any feature, content or part of the App.

By providing CareCall your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out; opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

5. Termination of this Agreement

CareCall shall be entitled to terminate the Agreement, delete the Account, or restrict the User’s use of any feature, content or part of the App (including all of the App), without making any notice to the User if CareCall becomes aware of the possibility that the User has breached any part of this Agreement or if CareCall considers appropriate to do so.

Upon termination of this Agreement, the User shall terminate the use of the App immediately and remove the App from the User’s device.

6. Prohibited Matters

In connection with the use of the App, the User shall not (and shall not cause any third parties, directly or indirectly, to):

• Violate any law, regulation, regulatory agency order, judgement, decision or order of a court, or a legally binding administrative measure;
• Perform any acts that may harm the public order or good morals;
• Perform any criminal act;
• Infringe any intellectual property right or any other right of CareCall or any other party;
• Make any change to any feature, content or part of the App;
• Decompile, disassemble or reverse-engineer any feature or part of the App;
• Allow any other party to access to or use any feature, content or part of the App;
• Use any other party's account of the App or create more than one account of the App;
• Make use of any defect in any feature, content or part of the App;
• Make any unjust request to CareCall;
• Interfere with, interrupt, obstruct or disrupt (i) CareCall's management or use of the server or network system of the App, (ii) CareCall's operation of any feature, content or part of the App or (iii) the use of the App by any other user of the App;
• Prepare for, assist, or entice or encourage anyone to, perform any acts that falls under any of the aforementioned items from (a) to (k); and
• Perform any other act that CareCall deems inappropriate.

7. Responsibility of the User

The User shall use the App under his/her own responsibility. The User shall be responsible for any and all use or non-use of the App by the User and any and all results arising from the User’s use or non-use of the App.

In the event that CareCall suffers any direct or indirect damage (including attorneys' fees) as a result of the use or non-use of the App by the User (including where CareCall receives a complaint from a third party as a result of the use or non-use of the App by the User), the User shall without undue delay compensate CareCall for such damage.

8. Disclaimers and Limitation of Liabilities

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from CareCall or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, CareCall, its subsidiaries, its affiliates, and its licensors do not warrant that any content on the Service is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from state to state. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.

CareCall shall not be obligated to keep any data provided by the User to CareCall. CareCall shall not be obligated to create or keep any backup of any data provided by the User to CareCall.

To the maximum extent permitted by applicable law, in no event shall CareCall, its affiliates, agents, directors, employees, suppliers 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 the use of, or inability to use, the Service. Under no circumstances will CareCall be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or Account or the information contained therein.

To the maximum extent permitted by applicable law, CareCall assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User content or the defamatory, offensive, or illegal conduct of any third party. In the event that CareCall bears liability towards the User or any other party in connection with the use or non-use of the App for any reason (including, with respect to Japanese Users, because of the application of the Consumer Contract Act (the Act No 61 of 2000)), in no event shall CareCall, its affiliates, agents, directors, employees, suppliers, or licensors be liable to the User for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid to CareCall hereunder or $400.00 (or JPY 50,000), whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CareCall has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the User. These Terms give the User specific legal rights, and the User may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law.

9. Service, Feature or Content Incorporated into the App

CareCall does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and CareCall will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. If a User accesses a third-party website or service from the Service, the User does so at its own risk, and understands that this Agreement and CareCall’s privacy policy do not apply to use of such sites. The User expressly relieve CareCall from any and all liability arising from your use of any third-party website, service, or content. Additionally, the User’s dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between such User and such advertisers. The User agrees that CareCall shall not be responsible for any loss or damage of any sort relating to dealings with such advertisers.

10. Contact

Contact from CareCall to the User concerning the App may be made by means that CareCall considers appropriate.

Contact from the User to CareCall concerning the App shall be made by any means designated by CareCall. Please contact us at hello@getcarecall.com with any questions regarding these Terms.

11. Elimination of Antisocial Forces

This Section 11 is applicable only to Users residing in Japan:

The User represents that the User currently does not fall under, and that the User has never fallen under in the past five (5) years, and the User covenants that the User will not fall under in the future, any of the following categories: an organized crime group (boryokudan) (including a member, an associate member and a related enterprise), a corporate racketeer (sokaiya), a racketeer acting as if advocating a social movement (shakai undo tou hyobo goro), an organized crime group that utilizes specialized knowledge (tokushu chino boryoku shudan), or any other person similar to any one of the above; or any other person closely related to any one of the above (collectively, “Antisocial Forces”). The User represents that the User currently does not have, and that the User has never had in the past five (5) years, and the User covenants that the User will not have in the future, any relationship with Antisocial Forces that should be socially condemned (including any relationship where the User is managed or controlled by any of Antisocial Forces and any relationship where the User uses or supports any of Antisocial Forces).

The User covenants that the User will not take, either by itself or by using a third party, any action that falls under the following: (a) a violent demand; (b) an unjust demand against a person that exceeds such person’s legal liability; (c) threatening behavior or acts of violence in connection with a transaction; (d) acts to impair CareCall’s reputation, or to obstruct CareCall’s business, by spreading a rumor or using a deceptive scheme or force; or (e) any action similar to (a) through (d) above.

12. Assignment

Neither this Agreement nor any right or obligation arising from this Agreement shall be assigned or transferred from the User to anyone without the prior written consent of CareCall.

13. Severability

In the event that any of the clauses of this Agreement proves to be invalid or illegal, that shall not in any way affect, impair or invalidate any other clauses, and all other clauses of this Agreement shall be in full force and effect.

14. Headings

Headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

15. Governing Law

This Agreement shall be governed by, and all disputes, controversies and differences arising out of or in connection with this Agreement shall settled in accordance with, the laws of California, United States of America without regard to principles of conflict of laws. Notwithstanding the foregoing, between a User residing in Japan and CareCall, this Agreement shall be governed by, and all disputes, controversies are differences arising out of or in connection with this Agreement shall settled in accordance with, the laws of Japan without regard to principles of conflict of laws.

16. ARBITRATION

This Section 16 is applicable only to Users residing in the United States:

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CARECALL. This Section 16.1 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and CareCall that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with CareCall, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

If you are a new CareCall user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing CareCall at hello@getcarecall.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at hello@getcarecall.com and attempt to resolve the dispute with us informally. In the unlikely event that CareCall has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and CareCall agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and CareCall agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing CareCall from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND CARECALL AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER CARECALL USERS. YOU AND CARECALL FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CARECALL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

17. Jurisdiction

Any dispute, controversy or difference arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the San Francisco County, California. Notwithstanding the foregoing, any dispute, controversy or difference arising out of or in connection with this Agreement between a User residing in Japan and CareCall shall be subject to the exclusive jurisdiction of the Tokyo District Court.

18. Mobile Applications

We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. CareCall does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. CareCall hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one CareCall User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that CareCall may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and CareCall or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. CareCall reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.

Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and CareCall, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to CareCall as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to CareCall as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, CareCall, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and CareCall acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and CareCall only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) CareCall, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to CareCall’s Google-Sourced Software.