TERMS OF SERVICE

SUMMARY OF KEY POINTS

This summary highlights key elements of our Terms of Service but is not a substitute for reading the complete document. By using AllergyAIDE, you agree to:

• Create accounts only for minors for whom you are the parent or legal guardian
• Provide accurate health information and keep it updated
• Understand that we encrypt and protect health information according to HIPAA standards
• Authorize sharing of information with schools, doctors, and emergency services when you designate
• Acknowledge that this service is only available to users in the United States
• Accept our payment terms, if applicable

1. ACCEPTANCE OF TERMS

These Terms of Service are entered into by and between you and PGMD Enterprises, LLC (“Company,” “we,” or “us“). The following terms and conditions govern your access to and use of the AllergyAIDE’s website and mobile application (the “App“), including any content, functionality, and services offered through the App.

Please read these Terms of Service carefully before you start using AllergyAIDE. By using the App, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you must not access or use the App.

2. SERVICE DESCRIPTION

AllergyAIDE is a mobile application designed for parents and legal guardians (“Users“) to create and manage allergy profiles for minors (“Minors“) (persons under 18 years of age) in their care. The App allows for the storage and controlled sharing of health information related to allergies, including:

• Minor’s name and date of birth
• School information
• Medication details
• Allergy action plans
• Healthcare provider information

This information is subject to protection under the Health Insurance Portability and Accountability Act (“HIPAA“) and the Health Information Technology for Economic and Clinical Health (“HITECH“) Act.

3. ELIGIBILITY AND ACCOUNT CREATION

3.1 Eligibility Requirements

The App is offered and available exclusively to users who:

• Are 18 years of age or older; or
• Are the parent or legal guardian of the minor(s) for whom they create profiles; and
• Reside in the United States or its territories; and
• Can form a legally binding agreement under applicable law.

Please note that AllergyAIDE is not available for use outside the United States and its territories.

3.2 Account Creation and Responsibilities

When creating an account, you must:

• Provide complete and accurate information about yourself and the minor(s)
• Maintain and promptly update account information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Verification

We may implement processes to verify your identity and your relationship to the minor(s) for whom you create profiles. By creating an account, you consent to these verification procedures.

4. HEALTH INFORMATION AND HIPAA COMPLIANCE

4.1 Protected Health Information

The App collects and stores Protected Health Information (“PHI“) as defined by HIPAA. This includes:

• Health information related to allergies
• Medical provider information
• Medication information
• Allergy action plans

4.2 Our HIPAA Compliance Commitment

We are committed to:

• Encrypting all health information both at rest and in transit
• Implementing appropriate access controls
• Maintaining audit trails of data access
• Following HIPAA and HITECH requirements for handling PHI
• Providing you with rights regarding your health information as required by law

4.3 Business Associate Agreements

In certain circumstances, we may enter into Business Associate Agreements (BAAs) with healthcare providers or schools as required by HIPAA.

5. DATA SHARING AND AUTHORIZATION

5.1 Authorized Sharing

The App allows you to authorize the sharing of the minor’s allergy information with:

• Schools and educational institutions
• Healthcare providers
• Emergency services

5.2 Authorization Process

You may authorize sharing by:

• Explicitly designating parties who may access the information
• Providing necessary contact information for the authorized parties

5.3 Withdrawal of Authorization

You may withdraw authorization for sharing at any time through the App’s settings. Upon withdrawal of authorization, we will cease sharing new information with the previously authorized party.

5.4 Emergency Situations

In case of emergencies where immediate access to allergy information could prevent harm, the App may facilitate access to critical allergy information for emergency responders. You acknowledge and consent to such emergency access as a fundamental purpose of the App.

6. USER RESPONSIBILITIES

6.1 Accuracy of Information

You are responsible for:

• Providing accurate and complete health information
• Regularly updating the information to reflect any changes in the minor’s health status, medications, or care plans
• Ensuring contact information for healthcare providers is current

6.2 Proper Use

You agree to use the App only for its intended purpose of managing allergy information and not for any unlawful or prohibited purpose.

6.3 Prohibited Activities

You must not:

• Use the App to store non-allergy related health information
• Upload false or misleading information
• Share your account credentials with unauthorized individuals
• Attempt to access information about minors not under your legal care
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Use the App in any way that could damage, disable, or impair its functionality

7. PAYMENT TERMS

Our payment terms are subscription-based. You will have the option to pay once a subscription is selected.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by PGMD Enterprises, LLC, its licensors, or other providers and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

These Terms of Service permit you to use the App for your personal, non-commercial use only, solely as intended through the provided interface. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App.

8.3 Trademarks

The AllergyAIDE™ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PGMD Enterprises, LLC or its affiliates or licensors (with federal registration pending). You must not use such marks without the prior written permission of PGMD Enterprises, LLC.

9. PRIVACY AND DATA SECURITY

9.1 Privacy Policy

Your use of the App is also governed by our Privacy Policy (“Privacy Policy“), which is incorporated into these Terms of Service by reference.

9.2 Security Measures

We implement and maintain reasonable security measures to protect the confidentiality, integrity, and availability of health information, including:

• Encryption of data at rest and in transit
• Access controls limiting data access to authorized personnel
• Regular security assessments
• Employee training on data security and privacy

9.3 Data Breach Notification

In the event of a breach of unsecured Protected Health Information (“Data Breach“), we will notify affected users as required by HIPAA and applicable state laws.

10. THIRD-PARTY LINKS AND SERVICES

10.1 Third-Party Links

The App may contain links to third-party websites or services that are not owned or controlled by PGMD Enterprises, LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2 Third-Party Services

We may use third-party services to support the App’s functionality. All third-party service providers with potential access to PHI are subject to appropriate safeguards and Business Associate Agreements where required by HIPAA.

11. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WHILE WE STRIVE TO PROVIDE A SECURE, RELIABLE SERVICE FOR MANAGING ALLERGY INFORMATION AND IMPLEMENTING ALLERGY ACTION PLANS, AND IMPLEMENT REASONABLE TECHNICAL SAFEGUARDS IN COMPLIANCE WITH HIPAA AND HITECH REQUIREMENTS, THE COMPANY MAKES NO GUARANTEES REGARDING:

• UNINTERRUPTED AVAILABILITY OF THE APP
• THAT ALL ISSUES OR DEFECTS WILL BE RESOLVED IN A SPECIFIC TIMEFRAME
• THAT THE APP WILL BE COMPATIBLE WITH ALL DEVICES OR OPERATING SYSTEMS
• THAT THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS

ALLERGYAIDE IS DESIGNED TO HELP IMPLEMENT ALLERGY ACTION PLANS DURING ALLERGIC REACTIONS. THE INFORMATION PROVIDED THROUGH THE APP IS BASED ON THE HEALTH INFORMATION YOU PROVIDE AND THE MEDICAL DIRECTIVES ENTERED BY THE PARENT OR GUARDIAN. IN EMERGENCY SITUATIONS, ALWAYS FOLLOW THE SPECIFIC INSTRUCTIONS PROVIDED BY THE MINOR’S HEALTHCARE PROVIDER (“Medical Provider“), AND CONTACT EMERGENCY SERVICES IF THE SITUATION APPEARS LIFE-THREATENING.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WARRANTIES RELATED TO OUR COMPLIANCE WITH HIPAA AND HITECH REQUIREMENTS.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PGMD ENTERPRISES, LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PGMD Enterprises, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the App.

14. TERM AND TERMINATION

14.1 Term

These Terms of Service shall remain in full force and effect while you use the App.

14.2 Termination by You

You may terminate your use of the App and these Terms of Service at any time by:

• Deactivating your account through the App’s settings
• Contact us at contact@allergyaide.com to request deletion of your account and associated data.

14.3 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.

14.4 Effect of Termination

Upon termination:

• Your right to use the App will immediately cease
• We will retain your health information as required by HIPAA and other applicable laws
• You may request a copy of your data in accordance with HIPAA requirements and in compliance with your individual privacy rights should you reside in an applicable jurisdiction

15. GOVERNING LAW AND JURISDICTION

All matters relating to the App and these Terms of Service shall be governed by the laws of the State of Delaware without giving effect to any choice or conflict of law provisions.

Any legal suit, action, or proceeding arising out of these Terms of Service or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you in your state of residence or any other relevant jurisdiction.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Prior to initiating any formal legal proceeding against PGMD Enterprises, LLC, you agree to attempt to resolve the dispute informally by contacting us at contact@allergyaide.com. We will likewise attempt to resolve the dispute informally by contacting you via the email address associated with your account. Both parties shall engage in good faith efforts to resolve the issue before proceeding to formal dispute resolution.

16.2 Binding Arbitration

If we cannot resolve a dispute informally within sixty (60) days, any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall:

• Be conducted by a single arbitrator
• Take place in Plainview, New York
• Be conducted in the English language
• Be binding on both parties
• Allow for reasonable discovery
• Include a written explanation of the award

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including any claim that all or any part is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

Each party shall bear its own costs in the arbitration proceeding, except that the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs, as well as any arbitration administration fees.

16.3 Class Action Waiver

YOU AND PGMD ENTERPRISES, 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and PGMD Enterprises, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.4 Exception for HIPAA-Related Claims

Notwithstanding the foregoing arbitration provisions, nothing in these Terms of Service will waive, limit, or otherwise affect any rights you may have under HIPAA or other applicable health privacy laws to file a complaint with relevant regulatory authorities, including the U.S. Department of Health and Human Services Office for Civil Rights.

17. CHANGES TO TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

18. MISCELLANEOUS

18.1 Entire Agreement

These Terms of Service, our Privacy Policy, and any other terms referenced herein constitute the sole and entire agreement between you and PGMD Enterprises, LLC regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

18.2 Waiver and Severability

No waiver by the Company of any term or condition shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Service is held by a court to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable and the remaining provisions shall remain in full force and effect.

18.3 Assignment

You may not assign these Terms of Service without the prior written consent of PGMD Enterprises, LLC, but PGMD Enterprises, LLC may assign or transfer these Terms of Service, in whole or in part, without restriction.

18.4 Contact Information

This App is operated by:
PGMD Enterprises, LLC,
1171 Old Country Road STE 5
Plainview, NY 11803.

All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: contact@allergyaide.com.

By using AllergyAIDE, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them.