TERMS OF USE
These Terms were last updated October 10, 2025.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES AS FURTHER
DEFINED AND DESCRIBED BELOW. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND
CONTINUING TO USE OUR SERVICES, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND
CONDITIONS. PLEASE DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF
THESE TERMS AND CONDITIONS.
Aunica, Inc. with its corporate headquarters at 3811 Bedford Avenue, Suite 101 Nashville, TN 37215, United States of America (collectively, “Aunica”, “we”, “our”, or “us”) operates a website located at aunicahealth.com, an application available through aunica.ai, our mobile application (“Mobile App”), including the Aunica Portal and Aunica Application, and other sites and services that may link to these Terms of Use (collectively, “Services”). These Terms of Use, together with any other applicable
agreements or other documents as may be expressly incorporated by reference (collectively, “Terms”), govern your access and use of our Services, including any content, functionality, and services as may be offered through our Services as a visitor or registered user (“User”, “You”, “you”, or “your”). Our handling of any information collected or provided through use of our Services is governed by our [Privacy Policy]. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our Services.
Our Services are controlled and operated from the United States and are subject to United States law. By accessing and using our Services, User represents and warrants that: (a) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) User is not listed on any U.S. Government list of prohibited or restricted parties.
DO NOT USE THE SERVICES FOR EMERGENCY OR URGENT MEDICAL MATTERS. FOR ALL URGENT OR EMERGENCY MATTERS THAT USER BELIEVES MAY IMMEDIATELY AFFECT USER’S HEALTH, USER MUST IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR URGENT CARE FACILITY.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS GOVERN USER’S USE OF THE SERVICES, AND AFFECT USER’S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE SERVICES OR AUNICA TERMINATES USER’S RIGHT TO USE THE SERVICES. USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ACCESS AND USE THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, USER AGREES THAT USER HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO BE SO BOUND, PLEASE DO NOT ACCESS OR USE THE SERVICES.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES YOU AND AUNICA TO RESOLVE ANY DISPUTE RELATED TO THE SERVICES THROUGH FINAL, BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION CAREFULLY BEFORE USING THE SERVICES.
Aunica reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Services means that User agrees to any new or modified provisions of these Terms posted on the Services.
No Medical Advice
A. You should not rely on the Services or other information therein in deciding on a treatment plan, drug usage, medical procedure, or any other medical advice, and we strongly urge that you consult with a licensed provider in connection with all treatment options that may be available to you. You expressly acknowledge and agree that Aunica is not responsible for the results of any decisions made based on your use of the Services.
B. THE CONTENT IN THE SERVICES IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES.Access and Use of the Services
A. To the extent required for use, User may be required to first set up an account by registering through the Services (an “Account”). Upon acceptance of these Terms, completion of the registration process, and subject to the terms and conditions of these Terms, Aunica hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Services for User’s personal use.
B. In connection with registration of its Account, if applicable, User may be required to provide a valid email account and will also be required to create a password to securely access certain Services. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Services. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User must immediately notify Aunica in writing of any need to deactivate User’s Account due to potential or actual security concerns. Aunica will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Services under User’s login credentials.
C. To the extent that User provides any information, including but not limited to personal information, to Aunica or its representatives, User warrants that (1) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (2) the use of such information by Aunica and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE
EXTENT USER SUBMITS, PROCESSES OR TRANSMITS ANY PATIENT DATA OR PROTECTED HEALTH INFORMATION (“PHI”) AS DEFINED BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”) IN OR THROUGH THE SERVICES, USER HAS OBTAINED ALL NECESSARY PERMISSIONS, CONSENTS, LICENSES, AND AUTHORIZATIONS NECESSARY TO TRANSMIT, UPLOAD, AND OR/USE THE PATIENT DATA AND/OR PHI IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR OTHERWISE IN CONNECTION WITH THESE TERMS. OUR HANDLING OF ANY PHI COLLECTED OR PROVIDED THROUGH USE OF OUR PORTAL IS GOVERNED BY YOUR AGREEMENTS WITH HEALTHCARE PROVIDERS. User understands and agrees that Aunica will store or otherwise retain patient data and other PHI provided by User and that Aunica and the Services will be acting as a conduit for any such information received under these Terms. User acknowledges and agrees that the Internet is inherently insecure and that patient data and/or PHI transmitted in connection with the Services or these Terms may be subject to interception by an unauthorized third party.
D. Aunica will employ the use of third-party services for the purpose of facilitating our Services. By submitting User’s information, User grants Aunica the right to provide the information to these third parties subject to Aunica’s [Privacy Policy]. Aunica reserves the right to refuse or cancel User’s access to the Services at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in User’s order, error in User’s information, or other reasons. Aunica reserves the right to refuse or cancel User’s access to the Services if fraud or an unauthorized or illegal transaction is suspected.
E. Aunica will use commercially reasonable efforts to provide access to the Services 24 hours a day, 7 days a week, except in the case of limited necessary maintenance periods, natural disasters, or events beyond Aunica’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Services. Aunica will not be liable for any failures or deficiencies in the performance of the Services by reason of maintenance, breakdown, or any event beyond Aunica’s control, including without limitation natural disasters, internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
F. User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Aunica shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Aunica shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
G. User’s rights under these Terms will terminate automatically without notice from Aunica if User fails to comply with these Terms, or Aunica terminates User’s access. Upon termination, User shall immediately cease all use of the Services. Aunica reserves the right to terminate User’s access to any or all aspects of the Services or to discontinue any aspect of the Services at any time for any reason whatsoever without notice to User.
3. Text Messages.
A. By registering with our Services and providing your telephone number, you consent to receiving text (SMS) messages and/or push notifications from or on behalf of us and/or our partners, including messages using automated technology or chatbots. You acknowledge that opting out of receiving text (SMS) messages may impact your experience with the Services that rely on communications via text (SMS) messages. Data obtained from you in connection with text messages may include your telephone number, your mobile carrier’s name, and details of the message (date, time, and content). We may use this information to contact you in accordance with these Terms and to provide the Services you request. You may opt-out of receiving text (SMS) messages from us by contacting us as set forth in these Terms.
B. Frequency of text messages and notifications will vary depending upon the Services you receive and your transactions with us. You represent and warrant that you are the account holder for the mobile telephone number(s) that you provide to opt in to receive text messages from us, and you are responsible for immediately notifying us if you change your mobile telephone number.
C. We, or any mobile telephone carriers, are not liable for any delayed or undelivered text messages. You understand that text (SMS) messages have inherent privacy risks, including that unencrypted text (SMS) messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. Message and data rates may apply to each text message sent to you from us and to us from you, as provided in your mobile telephone service
rate plan (please contact your mobile telephone carrier for details about available plans). Applicable roaming charges may apply. Text messaging and the Services provided by us are intended only for residents of the United States, and the text messages functionality described herein may not be available on all United States mobile telephone carriers. Text messages are unencrypted, and you understand and agree that unencrypted messaging, including texting to a cell phone, may be intercepted, received by unintended parties, and stored or archived by service providers and system operators without your knowledge or authorization. If you have any questions regarding our privacy practices, please read our [Privacy Policy].
D. You agree to indemnify us and any third parties texting on our behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to any and all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Your receipt of text messages from us may be terminated at any time in the event we believe you are in breach of these Terms or if your mobile telephone service lapses or terminates. We reserve the right to modify or discontinue, temporarily or permanently, the provision of text messaging related to our Services at any time, with or without notice to you.
4. Minor Patient Access
To use the Services, User must be eighteen (18) years of age or older.
5. Restrictions
User may only use the Services for lawful purposes. User agrees that User will not:
(A) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Aunica or any third party;
(B) abuse, defame, harass, or stalk any individual or other user of the Services;
(C) interfere or attempt to interfere with, or damage or attempt to damage, the Services or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology;
(D) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
(E) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, Aunica, create or use a false identity, or attempt to use another user’s identity;
(F) attempt to obtain unauthorized access to the Services;
(G) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Services without their express consent;
(H) use any meta tags or any other hidden text utilizing the Aunica name, service marks, trademarks, or product or service names;
(I) advertise, offer to sell, or sell any goods or services set forth in the Services or otherwise use the Services to solicit other users, except as expressly permitted by Aunica;
(J) engage in any activity that interferes with any third party’s ability to use or enjoy the Services;
(K) probe, scan, or test the vulnerability of the Services or any network connected thereto, or breach the security or authentication measures on the Services or any network connected thereto;
(L) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Aunica’s systems or networks, or any systems or networks connected thereto; or
(M) assist any third party in engaging in any activity prohibited by these Terms.
6. Intellectual Property
A. The Services, and all intellectual property, trademarks, service marks, information, data, software and other materials made available to User in connection with these Terms, together with the design of the Services, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Aunica and its licensors, and are available to User solely for purposes of User’s use of and access to the Services in accordance with these Terms. The Content is owned by or licensed to Aunica and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Aunica and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
B. By submitting any information, suggestions, enhancement notations, comments, or ideas and other feedback to Aunica with respect to our Services or services as may be offered by Aunica (collectively, “Feedback”); you agree that such Feedback shall be deemed, and shall remain, Aunica’s property. You hereby irrevocably assign such Feedback to us. Feedback shall not be subject to any obligation of confidentiality on Aunica’s part and Aunica shall not be liable for any use or disclosure of any Feedback. Aunica shall own all rights and interests related to Feedback (including without limitation
all intellectual property rights therein) and shall be entitled to use any Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
7. Artificial Intelligence
Certain Aunica Services may generate or analyze content through the use of artificial intelligence enabled or enhanced technologies, including without limitation, self-improving language and content models, machine learning software and algorithms, training improvement models, image recognition and categorization, and/or other functionalities as applicable. Results, analyses, or summaries generated by such Aunica Services may be derived from the reports, images, records, content, and other material that has been furnished by you. Artificial intelligence enabled or enhanced mechanisms remain subject to ongoing evolution and refinement. Aunica remains committed to constantly improving our Services to increase accuracy, reliability, and safety. Artificial intelligence technologies and functionalities remain dynamic in nature, as such, use of Aunica Services that include such technologies may provide results or analyses to you that do not accurately reflect details concerning applicable people, places, or facts. Your reliance upon any information obtained or used by you from our Services is solely at your own risk. Aunica is not responsible for the accuracy of any information or content provided to or sent by you. You are
responsible for verifying the accuracy of any information, data, or records that you send or receive through our Services. When you use artificial intelligence enabled or enhanced Aunica Services, you acknowledge and agree that:
• Any results, outputs, or analyses from such Aunica Services may not always be 100% accurate. You should not rely on any such results, outputs, or analyses as a source of truth or 100% factual information, or as a substitute for professional advice or your own judgment.
• You must evaluate results, outputs, and analyses for accuracy, appropriateness, and relevancy before using or sharing any results, outputs, and/or analyses that may derive from artificial intelligence enhanced or enabled Aunica Services.
AUNICA EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY ARTIFICIAL INTELLIGENCE ENABLED OR ENHANCED AUNICA SERVICES OR THE CONTENTS OF THE RESULTS, OUTPUTS, OR ANALYSES PREPARED IN CONNECTION THEREWITH. AUNICA IS NOT ENGAGED IN A COMPREHENSIVE INDEPENDENT REVIEW OF THE SUBSTANCE OR ADEQUACY OF ANY RESULTS, OUTPUTS, OR ANALYSES THAT MAY BE GENERATED OR DERIVED IN CONNECTION WITH ARTIFICIAL INTELLIGENCE ENHANCED OR ENABLED AUNICA SERVICES.
Compliance with Laws; Privacy
A. Aunica will treat any information it collects or receives from User through the Services in accordance with its [Privacy Policy] (the “Privacy Policy”). Please review the Privacy Policy before using the Services. If User is unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Services.
9. Forums; Linked Sites
A. Our Services may offer certain public comment, forum, and other community interaction functionalities (“Forums”). Any information you may disclose in such Forums may become public and you should exercise caution when using Forums and what information you may disclose in our Forums.
B. The Services also may contain links to the websites of Aunica partners, advertisers, or unrelated third-party companies (“Linked Sites”). Aunica does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. Aunica does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that Aunica has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. Aunica accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that Aunica shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of
any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy policy maintained by that Linked Site or should contact the applicable party or their website administrator.
10. Disclaimers
USER AGREES THAT USER’S USE OF THE SERVICES SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AUNICA, ITS SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. THE SERVICES AND ALL CONTENT ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUNICA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE SERVICES OR CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF Aunica’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER Aunica NOR ANY OF ITS SUPPLIERS WARRANT THAT (1) THE SERVICES OR CONTENT WILL MEET USER’S REQUIREMENTS, (2) THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR (3) THE SERVICES OR CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
Aunica does not recommend or endorse any specific drugs, tests, physicians, providers, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned on the Services. User’s reliance upon any information obtained or used by User is solely at User’s own risk. Aunica is not responsible for the accuracy of any information or content provided or sent by User or other users of the Services. User is responsible for verifying the accuracy of any information User sends or receives through the Services, User’s information, data, or records. Aunica is not responsible for communication malfunctions, failures, or lost, stolen, or otherwise misdirected, transmissions, messages or entries, or the security of any such communications.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
11. Limitation of Liability
IN NO EVENT SHALL AUNICA, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (A) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, (D) ANY TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (G) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUNICA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND AUNICA, OR ONE OF ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO AUNICA (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD).BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Services, these Terms, or User’s use of Content made available through or on the Services must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
12. Indemnity
User agrees to defend, indemnify, and hold Aunica, its affiliates, licensors, and service providers and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from or related to User’s use of the Services, and User covenants not to sue Aunica for any injuries to User or User’s property arising out of or related to User’s use of the Services.
13. Disputes; Governing Law and Jurisdiction
A. You agree that any dispute arising out of or relating in any way to your use of the Services requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Services or Content and any intellectual property rights therein, Aunica may seek injunctive or other appropriate relief. The
arbitration shall be conducted before three neutral arbitrators in the State of Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive
and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SERVICES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the exclusive jurisdiction of the state or federal courts located in Davidson County, Tennessee, for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over the State of Tennessee.
These Terms shall be construed and governed under the laws of the United States and State of Delaware (without regard to rules governing conflicts of laws provisions). You agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in Davidson County, Tennessee, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
14. Additional Terms for Users Who Download our Services Through the
Apple App Store
The terms and conditions set forth in this Section 14 apply to User if User downloads our Mobile App through the Apple App Store.
These Terms are applicable between User and Aunica, but not Apple, Inc. (“Apple”). Aunica, not Apple, offers the Mobile App to User, and Apple has no responsibility to User for any use of, or information related to, the Mobile App and these Terms. User may only use the Mobile App on an Apple-branded product that User owns or controls and as permitted by the App Store Terms of Service, or as otherwise permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Mobile App may be accessed and used by other accounts associated with the User via Family Sharing or volume purchasing. Apple has no obligation to provide maintenance and support services with respect to the Mobile App. In the event of any failure of the Mobile App to conform with any applicable warranty, User may notify Apple regarding a refund of User’s purchase price (if any) of the Mobile App through the Apple App Store. Apple will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile App, including any third-party product liability claims, claims that the Mobile App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy, or similar legislation including in connection with the Mobile App’s use of the [HealthKit] and [HomeKit] frameworks, and claims with respect to intellectual property infringement. User must comply with the terms of any third-party
agreement applicable to User when using the Mobile App, such as any wireless data service agreements.
User and Aunica hereby acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple, as a third-party beneficiary, will receive (and otherwise shall be deemed to have received) the right to enforce these Terms against User.
15. Miscellaneous
Aunica may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Aunica, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aunica’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Aunica, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Aunica.
16. Contact Information
If User has any questions about these Terms, Aunica’s practices, or User’s dealings with the Services,
please contact us at:
Email: contact@aunicahealth.com
Phone Number: +1 615-208-3261
Mailing Address:
Aunica, Inc.
3811 Bedford Avenue, Suite 101
Nashville, TN 37215