Terms and conditions.
By clicking "I Agree" or by using or installing any part of the Application (as defined below), you expressly agree to, and consent to be bound by, all of the terms of this agreement (the "Terms and Conditions") and affirm your acceptance of the most recent version of the Terms and Conditions found in various application stores, including, but not limited to, the iTunes Store as provided by Apple Pty Limited ("Apple") which in no way are superseded or replaced by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please exit now and do not install the Application or, in the event that you have installed the Application, uninstall the Application. Please review these Terms and Conditions carefully before installation and/or acceptance.
2. Application, Software & Website
a. Application. The "Application" shall mean the self-contained program and software provided by Intelligi., a Delaware Limited Liability Corporation ("we", "us", or "our") which works in connection with our other products and services to monitor your fluid consumption and relay data wirelessly to your personal mobile telephone or handheld device (the "Services"). This Application, products and services are non-medical and not intended to replace, modify, or supplement any prescribed medical device or advice. Further, this Application is not for high risk individuals, infants, children under 18 years of age, those taking medication or suffering a medical condition, or are pregnant and the services are not intended to be a substitute for obtaining medical advice and treatment from a physician or other health care practitioner.
b. Software Requirements. You are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (the "Software Requirements") to use the Application. You will need either an iPhone (running iOS 7 and above) or Android phone (running 4.0 and above).
c. Updates. In connection with providing the Services required under these Terms and Conditions, Intelligi LLC may elect to update the Application at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Application. You agree that Intelligi LLC may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
d. Website. The "Website" shall mean this website, and any others owned by Intelligi LLC.
These Terms and Conditions may be terminated by either party at any time. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Application and the Services. Intelligi LLC shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
4. Proprietary Rights; License.
a. Proprietary Rights. You hereby acknowledge and agree that all copyright, database rights, trademarks, and other intellectual property rights of any kind in the Application and Website together with the underlying software code are owned either directly by Intelligi LLC and/or its licensors. You further agree that the Application and Website contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws.
b. License. Intelligi LLC hereby grants you a worldwide, non-exclusive, revocable license to use the Application for your personal use in accordance with these Terms and Conditions; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Application.
5. Application Content and Use.
Your use of the Application and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the Application and Services is in compliance therewith. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application, use of the Services, or access to the Services without the express written permission by Intelligi LLC. You may not use any other third party hardware or device with the Application without the express written authority of Intelligi LLC. For the avoidance of doubt, you must not pair any other device or hardware not authorized by Intelligi LLC and make use of the Application with that device or hardware. You must not use the Application or Services to transmit any worms, viruses or any code of a destructive nature.
6. Disruption of Services.
You acknowledge and agree that from time to time the Services and the Application may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which Intelligi LLC may undertake from time to time, service malfunctions and causes beyond the reasonable control of Intelligi LLC or which are not reasonably foreseeable by Intelligi LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
7. Third Party Information or Content.
Certain components or features of the Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with Intelligi LLC. You acknowledge and agree that Intelligi LLC does not endorse or warrant the accuracy of any such sites or resources. You further acknowledge and agree that Intelligi LLC (i) is not responsible for the availability of such sites or resources; (ii) shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources; and (iii) shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.