Terms and Conditions

Terms and Conditions

Last Updated: 8/21/2024

1. Introduction

Welcome to SOMOS QR+ (the “App”). By downloading, installing, or using the App, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use the App.

2. Data Collection and Use

Types of Data Collected

We may collect the following types of data from you:

– Personal Information: This includes, but is not limited to, your name, email address, phone number, and other contact details.

– Health Information: If applicable, we may collect health-related information that you provide, such as medical history, medications, and other sensitive data.

– Usage Data: We may collect information about how you use the App, including IP address, device information, and activity logs.

How We Use Your Data

We use the data we collect for the following purposes:

To Provide and Improve Services: We use your data to operate, maintain, and improve our App and services.

Personalization: We may use your data to personalize your experience within the App.

Compliance: We use your data to comply with legal obligations, such as HIPAA, the SHIELD Act, and other applicable laws.

Communication: We may use your contact information to send you updates, notifications, and other communications related to the App.

3. User Consent

By using our App, you consent to the collection, use, and sharing of your data as described in these Terms. Before collecting any sensitive data, we will request your explicit consent. You have the right to refuse or withdraw your consent at any time.

How We Obtain Consent

Explicit Consent: For sensitive data, such as health information, we will provide clear, specific explanations and obtain your explicit consent before collecting and using this data.
Implied Consent: By continuing to use the App, you provide implied consent for the collection and use of non-sensitive data, such as usage data.

4. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes. You may not use the App for any unlawful purpose or in any manner inconsistent with these Terms.

5. User Responsabilities

You agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the App in any medium.

Using any automated system to access the App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.

Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the App.

Collecting or harvesting any personally identifiable information from the App.

Using the App for any commercial solicitation purposes.

Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.

6. Intellectual Property

All content included on the App, such as text, graphics, logos, images, audio clips, and software, is the property of Top 1 Solutions or its content suppliers and protected by international copyright laws. Unauthorized use of any materials provided on the App may violate copyright, trademark, and other laws.

7. Disclaimers

The App is provided on an “AS IS” and “AS AVAILABLE” basis. Top 1 Solutions makes no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, or materials included on the App. To the full extent permissible by applicable law, Top 1 Solutions disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Top 1 Solutions does not warrant that the App, its servers, or emails sent from the App are free of viruses or other harmful components.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Top 1 Solutions shall not be liable for any damages of any kind arising from the use of the App, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Top 1 Solutions, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use or misuse of the App.

Your violation of these Terms.

Your violation of any rights of another person or entity, including but not limited to intellectual property rights, privacy rights, or any other legal rights.

Any content you submit, post, or transmit through the App, including any claims that such content infringes on the rights of a third party.

Your breach of any representations, warranties, or agreements made by you under these Terms.

Top 1 Solutions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in the defense of any such matter. This indemnification obligation will survive the termination of these Terms and your use of the App.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal or state courts located in [Your Jurisdiction], and you waive any objection to the venue and jurisdiction of such courts.

11. Termination

Top 1 Solutions reserves the right, in its sole discretion, to terminate or suspend your access to the App, without notice and liability, for any reason, including without limitation, your breach of these Terms. Upon termination, all rights granted to you under these Terms will cease immediately.

12. Modification to the Terms

Top 1 Solutions may revise these Terms at any time by updating this document. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

14. Entire Agreement

These Terms, together with any other legal notices and agreements published by Top 1 Solutions in connection with the App, constitute the entire agreement between you and Top 1 Solutions regarding the App and supersede all prior agreements and understandings, whether written or oral, regarding the App.

15. Contact Information

If you have any questions about these Terms, please contact us at info@aimny.co.

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