IndiAide Terms and Conditions

Our Terms and Conditions were last updated on 1/11/2024.

HI THERE

Welcome to our Terms and Conditions! These boxes aren’t legally binding, you can use them as an aid for understanding the legal language.

Please read these terms and conditions carefully before using our Services.


INTERPRETATION & DEFINITIONS


INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


DEFINITIONS

For the purposes of these Terms and Conditions:


Application means the software program(s) provided by the Company downloaded by You on any electronic device, including but not limited to the IndiAide Account Hub and IndiAide User App


Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.


Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.


Account means a unique account created for You to access our Service or parts of our Service.


Country refers to: Indiana, United States


Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to IndiAide LLC, 12175 Visionary Way, Suite 330, Fishers, IN 46038.


Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.


Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.


Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.


Service(s) refer to the Applications or the Website or both.


Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.


Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.


Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.


Website refers to IndiAide's website, accessible from https://www.indiaide.com


You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.




ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.


Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.


You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without initial setup and continued monitoring by a parent or legal guardian.


By downloading, registering for access, accessing, or using any of the services at which these terms are posted, or by affirming acceptance of these terms, you agree that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. if you do not agree, do not use the Services or any part thereof.


These terms are a legally binding agreement made by and between you and IndiAide, whether you are using or accessing these Services for yourself, or on behalf of a person to whom you are a caregiver, or on behalf of a Provider. These Terms govern your access and use of the Services, and the Terms shall remain in effect at all times until you stop using the Services and delete all applications related to the Services or otherwise terminated.


IndiAide reserves the right, at its sole discretion, to make changes to all or portions of these Terms and our Privacy Policy at any time. You are responsible for checking these Terms and the Privacy Policy periodically for any changes. Your continued use of the Services means you agree to any new or modified Terms or Privacy Policy accessible through the Services.



SUBSCRIPTIONS


Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.


At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.


Subscription Cancellations

You may cancel Your Subscription renewal at any time by contacting the Company at info@indiaide.com with the subject line "Cancel Subscription". You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.


Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.


Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.


You acknowledge and agree that you are subject to standard text messaging and data use rates set by your telecommunications carrier that are used in connection with the Services.


Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.


The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.


Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.


Refunds

Except when required by law, paid Subscription fees are non-refundable.


Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.


Account Management

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.


You are solely responsible for safeguarding and maintaining the strict confidentiality of your account credentials. You agree not to share your account credentials with any other person and shall not permit any other person to access, use or download the Services using your account credentials. You will be solely responsible for any damages or losses that may be incurred or suffered by the Company as a result of your failure to maintain the strict confidentiality of your account credentials. you shall immediately inform IndiAide in writing of any need to deactivate your account due to potential or actual security concerns. and it disclaims any liability for any harm related to the misappropriation of your account credentials, your intentional or negligent disclosure of such account credentials to another person, or your unauthorized sharing of account credentials that may allow another person or entity to access, use, or download the services without IndiAide’s authorization. You shall not utilize fake names or disguised identities when accessing, using, or downloading the services. We prohibit all forms of indirect or ingenuine access.



CONTENT


Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.


You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights.


You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.


Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.


You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:


Unlawful or promoting unlawful activity.


Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.


Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.


Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.


Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.


Impersonating any person or entity including the Company and its employees or representatives.


Violating the privacy of any third person.


False information and features.


The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.


Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.


Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.


The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.


You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.



COPYRIGHT POLICY


Intellectual Property Infringement


The proprietary contents of the services include without limitation the audio, data, design, graphics, illustrations, images, information, music, photographs, text, video, and any other files displayed, used and/or available on or through these Services, as well as the appearance, arrangement, coordination, design, expression, selection, and structure of such content. The content is owned, controlled, or licensed by or to IndiAide, and is protected by copyright and other intellectual property rights and unfair competition laws. IndiAide reserves all rights, title, and interest in the content and the services. Any third-party trademarks that may appear on or in connection with the services or the property of their respective owners.


Except as expressly provided in these terms or by IndiAide’s expressed written consent, you shall not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derived creative works from, translate, upload, or otherwise exploit in any manner any part of the Services and Content.


We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.


If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@indiaide.com and include in Your notice a detailed description of the alleged infringement.


You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.


DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):


An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.


A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.


Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.


Your address, telephone number, and email address.


A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.


A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.


You can contact our copyright agent via email at info@indiaide.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.


Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.


The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.


Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.


Compliance with Laws & Transmission of Data

Some data entered by a User upon account sign up and/or while using the Services may be considered Protected Health Information ("PHI"). With respect to its operation of the Services, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations ("HIPAA") and (ii) the Health Information Technology for Economic and Clinical Health Act ("HITECH") and any regulations promulgated thereunder, the Company will comply with HIPAA and HITECH applicable to business associates and maintain the confidentiality of any PHI transmitted or made available through through the functionality of the Services or Affiliated Services.


You agree that these Terms may be amended if necessary to comply with HIPAA and HITECH. The requirements of this section will outlast the termination of your use of Services.


When you use the Services to upload, transmit, or access PHI, you agree that, to the extent applicable, you will comply with all necessary local, state, federal, or international law, rule, or regulation including but not limited to HIPAA and HITECH, any court order or other order or decision in any governmental, administrative, or judicial proceeding ("Relevant Laws"). You agree that you will always comply with all directly or indirectly Relevant Laws that may govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that IndiAide, and all other persons are entities involved in the operation of the services, have the right to monitor, retrieve, store, review, and use PHI, if applicable.


To the extent permissible under relevant laws, you hereby grant to IndiAide a perpetual, unlimited license to use the data and information that is entered into or passes through the Services that specifically relates to you and your PHI in a de-identified format as defined under the Relevant Laws for data analyses; provided that the Company shall comply with Relevant Laws in connection with any such actions.


IndiAide disclaims any liability for your use or misuse of PHI or other information transmitted, stored, or received while using the Services. IndiAide reserves the right to amend or delete any uploaded Content and revoke or restrict access to any account that in IndiAide’s sole discretion violates any provisions of this section or any Terms in general.


Force Majeure

We will not be deemed in breach of these Terms nor liable for any breach of these Terms or Privacy Policy due to any occurrence or event beyond our reasonable control, including without restriction failures of any public networks, electrical shortages, Internet outage, labor disturbances, strikes, major events of nature, civil disorder, war, invasion, fire, pandemics, epidemics, or other natural, technological, or social disaster.


Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.


Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.


The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.


We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.


Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever without limitation if You breach these Terms and Conditions.


Upon termination, Your right to use the Services will cease immediately.


Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.


To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.


Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.


"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.


Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


Disputes Resolution

If You have any concern or dispute about the Service, You agree to first attempt to resolve the dispute informally by contacting the Company.


United States Use Only

To access, use, or download the services, you must be a resident of the 50 states of the United States of America, exclusive of its commonwealth, territories, and possessions. by accessing, downloading, or using any of the services, you represent and warrant that you are a resident of the 50 states of the United States of America. If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.



SEVERABILITY & WAIVER


Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.


Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


Contact Us

If you have any questions about these Terms and Conditions, You can contact us:


By email: info@indiaide.com


By visiting this page on our website: https://www.indiaide.com/contact


IndiAide is a company incorporated under U.S. law, the address of which is:


IndiAide, LLC

12175 Visionary Way

Suite 330

Fishers, IN 46038

© 2024 IndiAide LLC