These Terms of Service (the “Terms”) form a binding legal agreement between you (“you” or “User”) and BADEXY TECHNOLOGIES, LLC (“BADEXY TECHNOLOGIES, LLC,” “we,” “us,” or “our”) governing your access to and use of the SeizureSense AI mobile and web application, related software, websites, and services (collectively, the “Service”). By creating an account, downloading, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. IMPORTANT SAFETY DISCLAIMER
SEIZURESENSE AI IS A CONSUMER WELLNESS AND PERSONAL-SAFETY TOOL. IT IS NOT A MEDICAL DEVICE AND IS NOT INTENDED TO DIAGNOSE, CURE, MITIGATE, TREAT, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICE HAS NOT BEEN EVALUATED OR CLEARED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY.
Detection algorithms can and will produce false positives and false negatives. Notifications and alerts may be delayed, lost, or undelivered for reasons outside our control (including device, network, carrier, operating-system, or third-party failures). The Service is not a substitute for professional medical advice, monitoring, supervision, or emergency response, and must not be relied upon as a sole or primary means of life-safety monitoring. In an emergency, call 911 (or your local emergency number) immediately.
2. Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account. By using the Service, you represent and warrant that you meet this requirement and that you have full power and authority to enter into these Terms. If you set up the Service on behalf of another person (such as a family member), you represent that you have authority to do so and to share that person's information with us and with designated emergency contacts.
3. Account and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information and to keep it up to date, including your emergency contact information. Notify us immediately at pbadew@gmail.com of any unauthorized use of your account.
4. Subscriptions, Billing & Refunds
Certain features are offered on a free basis; others (collectively, “Pro”) require a paid subscription. Subscriptions automatically renew at the then-current price for the selected billing period unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions through the platform from which you purchased them (Apple App Store, Google Play, or our website).
Except where required by law, all payments are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or downgrades. App Store and Google Play purchases are governed by the refund policies of those platforms.
5. License to Use the Service
Subject to your compliance with these Terms, BADEXY TECHNOLOGIES, LLC grants you a limited, non-exclusive, non-transferable, non- sublicensable, revocable license to install and use the Service for your personal, non-commercial use on devices you own or control. All right, title, and interest in and to the Service, including all intellectual-property rights, remain with BADEXY TECHNOLOGIES, LLC and its licensors. No rights are granted by implication, estoppel, or otherwise.
6. Acceptable Use
You agree not to, and not to permit any third party to:
- use the Service in any unlawful manner or for any unlawful purpose;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent permitted by law;
- interfere with or disrupt the integrity, security, or performance of the Service or the data contained therein;
- use the Service to send unsolicited messages, harass others, or transmit malicious code;
- use the Service as a sole means of medical monitoring or in any life-critical application;
- resell, rent, lease, or commercially exploit the Service without our prior written consent.
7. Emergency Contacts & Alerts
You are solely responsible for the accuracy of any phone numbers, email addresses, and other information you enter for emergency contacts, and you represent that you have obtained all necessary consents from those contacts to be notified by SMS, email, push notification, or voice call. Carrier message and data rates may apply. We do not guarantee delivery of any alert.
8. User Content
You retain ownership of content you submit to the Service (e.g., notes, event annotations). You grant BADEXY TECHNOLOGIES, LLC a worldwide, royalty-free, sublicensable license to host, store, reproduce, and process such content solely to provide and improve the Service. You represent that you have all rights necessary to grant this license.
9. Third-Party Services
The Service may interoperate with third-party services (including Apple HealthKit, Google Fit, push-notification services, smartwatches, and payment processors). We are not responsible for those services, and your use of them is governed by their own terms and privacy policies.
10. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, BADEXY TECHNOLOGIES, LLC disclaims all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, uninterrupted or error-free operation, and any warranty arising from course of dealing or usage of trade.
Without limiting the foregoing, we do not warrant that the Service will detect any particular seizure or other event, that alerts will be delivered, that the Service will be compatible with any particular device, or that defects will be corrected. You assume full responsibility for use of the Service.
11. Limitation of Liability
To the maximum extent permitted by law, in no event shall BADEXY TECHNOLOGIES, LLC, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, business interruption, personal injury, or wrongful death, arising out of or related to your use of (or inability to use) the Service, even if advised of the possibility of such damages.
Our aggregate liability for all claims arising out of or related to the Service shall not exceed the greater of (a) the total amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim or (b) one hundred U.S. dollars (USD $100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless BADEXY TECHNOLOGIES, LLCand its officers, directors, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (i) your use of or access to the Service; (ii) your violation of these Terms; (iii) your violation of any rights of a third party, including your emergency contacts; or (iv) any content you submit to the Service.
13. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Service at any time and delete your account from within the app or by contacting pbadew@gmail.com. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.
14. Governing Law
These Terms are governed by the laws of the State of Alabama, United States, without regard to its conflict-of-laws principles. Subject to Section 15, you and BADEXY TECHNOLOGIES, LLC agree to the exclusive jurisdiction of the state and federal courts located in Alabama for any dispute not subject to arbitration.
15. Binding Arbitration & Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and BADEXY TECHNOLOGIES, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Alabama or, at your election, by video or telephone. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND BADEXY TECHNOLOGIES, LLC 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, CONSOLIDATED, OR REPRESENTATIVE ACTION.
You may opt out of this arbitration agreement by sending written notice to pbadew@gmail.com within 30 days of first accepting these Terms. This Section does not preclude either party from seeking equitable relief for infringement of intellectual-property rights in court.
16. Apple App Store Terms
If you obtained the Service from the Apple App Store, you acknowledge that these Terms are between you and BADEXY TECHNOLOGIES, LLConly, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support. In the event of non-conformance with any applicable warranty, you may notify Apple, who will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing claims by you or any third party relating to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
17. Google Play Terms
If you obtained the Service from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not a party to these Terms.
18. Changes to the Service or Terms
We may modify or discontinue the Service, in whole or in part, at any time. We may also revise these Terms; material changes will be communicated through the Service or by email. Your continued use of the Service after the effective date of a revision constitutes acceptance of the revised Terms.
19. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and BADEXY TECHNOLOGIES, LLC regarding the Service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely.
20. Contact
Questions about these Terms may be directed to BADEXY TECHNOLOGIES, LLC at pbadew@gmail.com.