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Terms and Conditions

BOUNDARYCARE

END USER LICENSE AGREEMENT AND TERMS OF USE

Last Updated: June 8, 2026

This End User License Agreement and Terms of Use (this “Agreement”) is a binding agreement between you (“End User,” “you,” or “your”) and Beatrice Health, LLC, a Minnesota limited liability company, doing business as BoundaryCare (“Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of the BoundaryCare mobile applications, websites, cloud-based services, and related documentation (collectively, the “Application”), including all Content and Services (as defined below). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, ACCESS, OR USE THE APPLICATION AND DELETE IT FROM YOUR DEVICE.

  1. Description of the Application

BoundaryCare is a monitoring, communication, and support tools platform operating on mobile and web applications in communication with cloud-based services. BoundaryCare is designed to allow a user to (i) monitor metrics concerning the health, safety, wellbeing, and location of himself or herself, or of a person in their care (the “Care Recipient”), (ii) configure various thresholds for these metrics, (iii) receive alerts whenever metrics concerning the monitored user cross a threshold, (iv) communicate with the Care Recipient via phone, messages, reminders, and surveys, and (v) receive information pertaining to the Care Recipient’s location and status. The Application works in conjunction with third-party hardware, including wearable and mobile devices (the “Equipment”), to deliver these capabilities.

DO NOT RELY ON BOUNDARYCARE TO PROVIDE ANY MEDICAL SERVICES FOR YOURSELF OR FOR A LOVED ONE. BoundaryCare is not designed to be the sole or primary manner in which you monitor or care for a loved one. The BoundaryCare Application is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or bodily condition.

  1. License Grant
    1. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable, revocable license to:
    2. download, install, and use the Application for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
    3. access, download, and use on such Device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
    4. Where the Application or Equipment is acquired for your use through a medical provider, care organization, employer, or other entity (“Sponsoring Organization”), your license is subject to any additional terms agreed between the Sponsoring Organization and Company, and the Sponsoring Organization may configure or restrict certain features in its discretion.
  1. License Restrictions

You shall not:

  1. copy the Application, except as expressly permitted by this license;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
  6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
  7. use the Application for any unlawful purpose, to harm, harass, or otherwise infringe upon the rights or welfare of another person, or for purposes of competitive analysis, benchmarking, or development of a competing product or service;
  8. input, upload, transmit, or otherwise provide to or through the Application any information or materials that are unlawful or injurious, or that contain, transmit, or activate any virus, worm, malware, or other harmful code;
  9. access or use the Application beyond the scope of the authorization granted under this Agreement; or
  10. download or install the Application on any device without the express knowledge or consent of the owner of the device and, where applicable, the Care Recipient or the person with lawful authority over the Care Recipient.
  1. Consent and Monitoring Disclosure

These terms strictly prohibit the use of BoundaryCare to track or monitor any person without their knowledge and consent, or the knowledge and consent of a person with lawful authority. You may not use BoundaryCare for any malicious or nefarious purpose or for any purpose not specifically consented to by the Care Recipient or their authorized representative.

 

By downloading and using the Application, you affirm that: (a) the Care Recipient, or the person with lawful authority over the Care Recipient, has been informed of and has consented to the use of BoundaryCare in connection with the Care Recipient’s care; (b) the Care Recipient, or such authorized person, has been provided an explanation of how and why BoundaryCare may be used and how such use may impact the Care Recipient’s life and privacy; and (c) where the Care Recipient or any other individual whose personal information may be collected through the Application lacks legal capacity to provide consent, legally sufficient consent has been obtained from a person with authority to provide consent on that individual’s behalf. You are responsible for ensuring that the foregoing notices, explanations, consents, and authorizations have been obtained before you or any person you authorize, cause, or direct to use the Application uses BoundaryCare in connection with the Care Recipient. You are also responsible for providing, or ensuring the provision of, all disclosures required in connection with the collection, use, or disclosure of personal information through the Application.

  1. Reservation of Rights and Intellectual Property

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights therein.

  1. Feedback. 

If you or any member of your care team sends or transmits any communications or materials to Company suggesting or recommending changes to the Application, including new features, functionality, comments, questions, suggestions, or the like (“Feedback”), Company is free to use such Feedback without any attribution or compensation to any party, irrespective of any other obligation or limitation. You hereby assign to Company on your behalf, and on behalf of any employees, contractors, and/or agents, all right, title, and interest in and to any Feedback, for any purpose whatsoever. Company is not required to use any Feedback.

  1. Artificial Intelligence and Data Governance
    1. AI-Enabled Features. The Application may include features that use artificial intelligence, machine learning, or similar technologies (“AI Features”). AI Features may generate alerts, recommendations, risk assessments, summaries, or other outputs (“AI Outputs”). You acknowledge and agree that:
      1. AI Outputs are probabilistic in nature and may be inaccurate, incomplete, or not suited to your particular circumstances;
      2. AI Outputs do not constitute, and must not be relied upon as, medical, legal, clinical, or other professional advice;
      3. you are solely responsible for any decisions or actions taken in reliance on AI Outputs; and
      4. Company may modify, improve, suspend, or discontinue any AI Features at any time without prior notice to you.
    2. Company’s Use of Data for AI and Service Improvement. You acknowledge and agree that Company may collect, use, and process de-identified, aggregated, or anonymized data derived from your use of the Application (collectively, “Derived Data”) for any lawful business purpose, including: service improvement, analytics, research, model training, testing, security monitoring, benchmarking, and product development. Derived Data will not identify you personally and will be de-identified in accordance with applicable law, including HIPAA where applicable. Derived Data is owned by Company and is not considered your personal data.
    3. Ownership of Models and Learnings. Company retains all right, title, and interest in and to all models, algorithms, statistical insights, improvements, and derivative learnings developed by Company, whether or not derived in part from data processed through the Application. Nothing in this Agreement transfers ownership of any Company technology to you.
  • Chat Bot and Conversational Features [Reserved] The following provisions are reserved for activation when chat bot functionality is deployed.
  • Chat Bot Feature. Company may make available within the Application a conversational or chat bot feature (“Chat Bot”) designed to assist you with questions, navigation, support, or related tasks. The Chat Bot is provided as an AI-enabled feature subject to the terms in Section 6.
  • Instance Isolation. Any Chat Bot feature will operate only within your specific user instance or environment. Conversations, data, and content submitted through the Chat Bot are logically siloed and are not shared across other users’ or customers’ environments. User-specific data submitted through the Chat Bot remains isolated to that instance, except as otherwise disclosed in this Agreement or Company’s Privacy Policy.
  • Monitoring and Processing of Interactions. Company may monitor, record, and process Chat Bot interactions for purposes of support, maintenance, safety, security, compliance with applicable law, service improvement, and model training using de-identified or aggregated data, subject to Company’s Privacy Policy and applicable privacy commitments.
  • Limitations. The Chat Bot is not a substitute for direct communication with Company’s support team, and Chat Bot responses do not constitute medical, legal, or professional advice. Company makes no warranty that Chat Bot responses will be accurate, complete, or timely
  • Access by Medical Providers and Caregivers
  • Sponsoring Organization Access. Where the Equipment or Application is purchased, administered, or made available to you through a medical provider, nursing home, assisted living facility, home health agency, or other care organization (each, a “Sponsoring Organization”), you acknowledge and agree that the Sponsoring Organization and its authorized personnel, including caregivers, administrators, and support staff, may have access to your data, including personal and health-related data, collected through the Application.
  •  Purposes of Access. Such access may be necessary for care delivery, account administration, device management, technical support, monitoring, regulatory compliance, or related operational purposes. Company is authorized to permit such access consistent with the customer relationship between Company and the Sponsoring Organization and the system configuration selected by the Sponsoring Organization.
  • Privacy and Regulatory Considerations. Where a Sponsoring Organization is a HIPAA-covered entity or business associate, access to and use of your protected health information will be governed by the Sponsoring Organization’s HIPAA obligations and any applicable Business Associate Agreement (“BAA”) between Company and the Sponsoring Organization. You are encouraged to review the Sponsoring Organization’s privacy practices. Company’s own use of your data remains subject to Company’s Privacy Policy. Any conflicts between Company’s Privacy Policy and any BAA with regard to PHI, the BAA shall control. 
  • The Sponsoring Organization is responsible for providing any legally required notices of privacy practices, obtaining any required patient authorizations or consents, and satisfying its own obligations under HIPAA, state health privacy laws, elder care/resident privacy laws, and other laws applicable to its operations, except to the extent expressly allocated to Company in a Business Associate Agreement or other written agreement.
  1. Collection and Use of Your Information

The collection, use, and processing of your personal information is governed by our Privacy Policy, located at https://www.boundarycare.com/privacy-policy, and updated from time to time. By using the Application, you consent to the collection and use of your information as described in the Privacy Policy and this Agreement. You consent to receive electronic communications from Company, including notices, agreements, disclosures, and other communications that Company provides in connection with the Application, in satisfaction of any legal requirement that such communications be in writing. Any conflicts between Company’s Privacy Policy and any BAA with regard to PHI, the BAA shall control.

  1. Content and Services

The Application provides monitoring services to enhance the independence, confidence, wellbeing, and safety of individuals and to provide support for those caring for them. The software and client interfaces, used in conjunction with Equipment, may provide access to Company’s systems, servers, features, content, and related services.  Available functionality may vary based on Equipment, subscription plan, user role, configuration, settings, connectivity, geographic availability, and other factors. Services may include, without limitation, functionality related to location and safety monitoring, alerts and notifications, communications, device status, emergency response support, health and wellness metrics, activity and sleep insights, reminders, surveys, caregiver or care-team communications, and other related features (collectively, “Content and Services”). Company may add, modify, suspend, limit, or discontinue any feature or service at any time, subject to applicable law and any express commitments in an applicable order form or separate written agreement. Your access to and use of such Content and Services is governed by this Agreement and Company’s Privacy Policy.

  1. NO MEDICAL ADVICE; NOT A MEDICAL DEVICE
    1. The Content and Services provided by Company are for informational and general wellness purposes only and should not be considered medical advice, diagnosis, or treatment. If you have any healthcare-related questions, please contact your physician or other qualified health care provider without delay. Company is not liable for any diagnostic or treatment decision made by you in reliance on any information provided through the Application. YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE THROUGH YOUR USE OF THE APPLICATION IS SOLELY AT YOUR OWN RISK.
    2. THIS APPLICATION IS NOT A MEDICAL DEVICE CLEARED, APPROVED, OR OTHERWISE CERTIFIED BY THE FDA OR ANY OTHER REGULATORY AGENCY. The Application is not designed or intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or bodily condition. It is a general wellness product intended to assist in maintaining or encouraging a general state of health or a healthy activity. The Application may serve functions related to the collection, storage, transmission, and retention of user records for administrative functions related to health care and long-term care activities. THE APPLICATION DOES NOT ANALYZE HEALTH-RELATED INFORMATION FOR CLINICAL PURPOSES. THE SOLE RESPONSIBILITY FOR PATIENT CARE AND MONITORING RESTS WITH THE APPLICABLE CARE TEAM. THE APPLICATION SERVES ONLY AS AN ADDITIONAL OR COMPLEMENTARY TOOL.
  2. Acceptable Use

You agree to use the Application only for lawful purposes and in accordance with this Agreement. Without limiting Section 3, you agree not to use the Application: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) to transmit any unsolicited advertising or promotional material; (c) to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity; (d) to engage in any conduct that restricts or inhibits any other person’s use or enjoyment of the Application; or (e) in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application. Company reserves the right to suspend or terminate your access to the Application if it determines, in its reasonable discretion, that you have violated this Section.

  1. Payment
    1. Sponsoring Organization Subscriptions. If you acquire the Application through a Sponsoring Organization or other entity that is paying for the Application on your behalf, you must handle subscription and unsubscribe procedures directly with that entity.
    2. Authorized Distributor Purchases. If you purchase the Application through an authorized third-party distributor such as the Apple App Store, Google Play, or similar platform (each, an “Authorized Distributor”), the transaction is subject to the applicable Authorized Distributor’s payment terms and conditions, and Company is not a party to the transaction. Any data or information you provide to an Authorized Distributor will be subject to that Authorized Distributor’s privacy policy. You represent and warrant that you are authorized to use the payment method you use to purchase the Application and/or relevant subscriptions. You authorize the applicable Authorized Distributor to charge your payment method for the total amount of your purchase.
  2. Subscriptions and Renewals. 
    1. Company may offer different subscription plans (each, a “Subscription”). WHEN YOU PURCHASE A SUBSCRIPTION, YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS IN ACCORDANCE WITH THESE TERMS.
    2. YOU MAY CANCEL YOUR SUBSCRIPTION THROUGH THE TOOLS PROVIDED BY THE APPLICABLE AUTHORIZED DISTRIBUTOR. SUBSCRIPTIONS MUST BE CANCELLED BEFORE THE BILLING OR RENEWAL DATE TO AVOID BEING CHARGED FOR THE NEXT PERIOD.
  3. Taxes. All prices are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase.
  4. Limited Product Warranty

Company offers a limited, non-transferable product warranty for electronic devices sold by Company (“Product Warranty”), starting from the date of purchase, against defects in materials or workmanship. This Product Warranty applies only to devices sold by Company, used in the United States by the original purchaser.

  1. proof of purchase may be required for warranty validation.
  2. The warranty period is one (1) calendar year from the date of purchase.
  3. During the warranty period, Company may, at its discretion, repair the product with new or refurbished parts, replace the product, or reimburse the original purchase price if a replacement is unavailable.
  4. All replaced parts and products become Company’s property. Repaired or replaced items are covered for the remaining warranty period or 90 days, whichever is longer.
  5. (e) The warranty does not cover defects or damage due to unauthorized accessories, parts, repairs, normal wear and tear, mishandling, alteration, or commercial use.
  6. Company’s obligation is limited to repair, replacement, or reimbursement under the terms specified. This warranty is valid only in the United States.

 

  1. 30-Day Money-Back Guarantee

Consumer customers purchasing the BoundaryCare Equipment may, within 30 days of the date of delivery, contact BoundaryCare for a refund. The product must be returned at the customer’s cost, in like-new condition as determined by Company, within thirty days of the date of original delivery. The refund will be processed to the original payment method.

  1. Updates and Modifications

Company may from time to time develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and new features (collectively, “Updates”). Updates may modify or delete certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You shall promptly download and install all Updates. All Updates will be deemed part of the Application and subject to this Agreement.

  1. Beta and Experimental Features

Company may designate certain features of the Application as beta, experimental, pilot, early access, or pre-release (“Beta Features”). Beta Features are provided “as is” without warranty of any kind, may contain bugs or errors, and may be modified or discontinued at any time. Company has no obligation to release a final version of any Beta Feature. Your use of any Beta Feature is at your sole risk.

  1. Third-Party Materials

The Application may display, include, or make available third-party content, products, services, or links (collectively, “Third-Party Materials”). Company is not responsible for Third-Party Materials, including their accuracy, completeness, legality, or quality. Third-Party Materials are provided “as is” and “as available,” and Company makes no representations or warranties with respect to any Third-Party Materials. Your access and use of Third-Party Materials is at your own risk and subject to such third parties’ terms and conditions.

  1. Term, Termination, and Suspension
    1. Term. The term of this Agreement commences when you download, install, or access the Application and will continue until terminated by you or Company as set forth herein.
    2. Termination by You. You may terminate this Agreement by deleting the Application and all copies thereof from your Device and cancelling your Subscription through the applicable Authorized Distributor or Sponsoring Organization.
    3. Termination by Company. Company may terminate this Agreement at any time without notice if it ceases to support the Application. In addition, Company may terminate or suspend your access immediately and without prior notice if: (a) you breach any term of this Agreement; (b) Company receives a judicial or governmental order requiring such action; (c) Company reasonably believes your use of the Application involves fraud, unlawful activity, or poses a threat to the security or integrity of the Application or other users; (d) due to nonpayment; or (e) as directed by a Sponsoring Organization or a person with lawful authority over a Care Recipient.
    4. Suspension. Company reserves the right to suspend your access to all or part of the Application, without incurring any liability, if Company determines in its reasonable discretion that: (a) there is a threat to the security, integrity, or availability of the Application; (b) suspension is necessary to comply with applicable law; (c) you have violated or are reasonably suspected of violating this Agreement; or (d) suspension is necessary to prevent harm to other users or third parties. Company will use reasonable efforts to provide notice of any suspension and to restore access promptly when the basis for suspension has been resolved.
    5. Effect of Termination. Upon termination: (a) all rights granted to you under this Agreement terminate; (b) you must cease all use of the Application and delete all copies from your Device; and (c) Sections 5, 6, 8, 11, 14, 18, 20, 21, 22, 23, 24, 25, 26, and 27 of this Agreement shall survive termination. Termination will not limit any of Company’s rights or remedies at law or in equity.
  2. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 17 AND 18, THE APPLICATION AND ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 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 APPLICATION, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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. ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE APPLICATION IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR, IF YOU HAVE NOT MADE ANY PAYMENTS, FIFTY DOLLARS ($50.00)).
    3. THE SOLE RESPONSIBILITY FOR PATIENT CARE AND MONITORING RESTS WITH THE CARE TEAM. IN NO EVENT SHOULD RESPONSIBILITY OR RELIANCE FOR PATIENT CARE OR CARE PARAMETERS BE PLACED WITH THE APPLICATION. CARE FACILITIES OR PERSONS MUST ENSURE THAT ADEQUATE MEASURES ARE IN PLACE TO PROTECT PERSONS OR PATIENTS. THE APPLICATION SERVES ONLY AS AN ADDITIONAL OR COMPLEMENTARY TOOL TO SUCH MEASURES. COMPANY ASSUMES NO RESPONSIBILITY FOR SERVICE INTERRUPTIONS OR OTHER TECHNICAL ERRORS.
  • THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL NOT APPLY TO LIABILITY RESULTING FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  1. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Application; (b) your breach of this Agreement; (c) your violation of any applicable law; (d) content you submit or make available through the Application; or (e) your negligence or willful misconduct.

  • Confidentiality

You acknowledge that in connection with your use of the Application, you may receive or have access to information that is confidential or proprietary to Company (“Confidential Information”). You agree to hold all Confidential Information in confidence and not to disclose it to any third party without Company’s prior written consent. You shall use Confidential Information only as necessary to exercise your rights under this Agreement. Your obligations under this Section do not apply to information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was known to you prior to disclosure; (c) is received from a third party without restriction on disclosure; or (d) is independently developed by you without use of Confidential Information.

  • Governing Law, Arbitration, and Class Action Waiver
  • Governing Law.  This Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
  • Binding Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules (or, where applicable, its Commercial Arbitration Rules), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall take place in the State of Minnesota. You waive any and all objections to the exercise of jurisdiction by such arbitrator and to such venue.
  • Class Action Waiver. YOU AND COMPANY EACH WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE UNLAWFUL. To the extent either party is permitted by law to proceed with a class or representative action: (a) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action; and (b) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
  1. Limitation of Time to File Claims

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Geographic Restrictions; Export Regulation

The Content and Services are based in the State of Minnesota in the United States and are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. The Application may be subject to US export control laws. You shall not export, re-export, or release the Application to any jurisdiction prohibited by law.

  1. US Government Rights

The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license.

  1. General Provisions
    1. Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Company with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
    2. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions will continue in full force and effect.
    3. Waiver. No failure to exercise, and no delay in exercising, any right or power under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
    4. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without Company’s prior written consent. Any attempted assignment in violation of this provision will be null and void. Company may assign this Agreement without restriction.
    5. Force Majeure. Company shall not be liable or responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riot, labor disputes, governmental actions, power failures, internet or telecommunications failures, or equipment failures.
    6. Independent Contractor. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Company.
    7. No Third-Party Beneficiaries. This Agreement is for the sole benefit of you and Company and does not confer any rights or remedies upon any third party, except as expressly provided herein.
  2. Contact Information

To ask questions or comment on this Agreement, contact us at: info@boundarycare.com.

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