Introduction

Welcome to Finch Q, an application developed by Tightwire, Inc., a health and wellness technology leader. This Terms of Service Agreement ("Agreement") governs your use of the Finch Q application (the "App"), which is designed to operate on the Apple Watch.

Definitions

• “App" refers to the Finch Q application, including all its features and content.

• "User" or “you” refers to anyone who downloads and uses the App.

• "Company", "we", "us", and "our" refer to Tightwire, Inc., along with our affiliates and subsidiaries.

Acceptance of Terms

By downloading, installing, and using the App, you agree to be legally bound by these Terms of Service ("Agreement"). Do not use the App if you do not agree to these terms. Before installation, you will be prompted to accept these Terms by toggling a switch. You may review these Terms in full at [Finch Q Terms of Service](https://www.iwantfinch.com/terms-of-service) and our [Privacy Policy](https://www.iwantfinch.com/privacy-policy). Toggling the switch will signify your explicit consent to both these documents. Your continued use of the App indicates your acknowledgment and agreement to these Terms of Service.

Modification of Terms

We reserve the right to modify these terms at any time, as we deem necessary. We will notify you of any changes through in-app notifications and/or email, depending on your provided contact preferences. Your continued use of the App after any changes signifies your acceptance of our updated terms.

Account Registration and Requirements

Eligibility

To use Finch Q, you must be at least 18 years of age or older, or have parental consent if younger. Finch Q is available to users who meet these age requirements and are in jurisdictions where the app is legally available through the Apple App Store.

Account Creation

Finch Q does not require the creation of an account. However, it requires access to certain data from your Apple Health app (HealthKit), such as date of birth and gender, to function properly, as well as Location, Falls data, and Contacts. You must grant all the necessary permissions for the app to operate effectively. You must also grant permission to receive Notifications for Finch Q to function properly.

Accuracy of Information

The functionality of Finch Q relies, in part, on the accuracy of the information you provide in your Apple Health app. It is your responsibility to ensure that all information in the Apple Health app (HealthKit) is accurate and up to date.

Data Management and Security

While Finch Q does not store or have direct access to your data, the data utilized by Finch Q remains under your care. You are responsible for maintaining the security and privacy of your health data according to the standards set by the Health Insurance Portability and Accountability Act (HIPAA). These standards include, but are not limited to, ensuring the confidentiality, integrity, and availability of all electronically protected health information you create, receive, maintain, or transmit using Finch Q.

HIPAA Compliance Recommendations for Users

• Confidentiality: Keep all health information private unless disclosure is required for patient care and authorized by law.

• Integrity: Protect health information from improper alteration or destruction.

• Availability: Ensure that authorized personnel can access necessary health information when needed for patient care.

By using Finch Q, you acknowledge and agree to these responsibilities regarding the accuracy and care of your health data.

User Conduct

By using Finch Q, you agree to adhere to the highest standards of conduct and decency. Below are the specific dos and don’ts regarding your behavior while using the app.

Acceptable Use

• Compliance: You must comply with all applicable laws, rules, and regulations while using Finch Q, and you must not use the app for any unlawful purposes.

• Respectful Interaction: You should always interact respectfully with other users and the app itself. Any form of harassment, abuse, or disrespectful behavior is strictly prohibited.

• Accurate Information: It is imperative that the information you provide through your Apple Health app, which Finch Q accesses, is accurate and truthful.

Prohibited Actions

• No Illegal Activities: You may not use Finch Q for any illegal purposes, including but not limited to fraud, privacy invasion, and infringement of intellectual property rights.

• No Tampering: You must not attempt to disrupt the normal operation of Finch Q, including any attempt to gain unauthorized access to the app, its servers, or any associated computer systems or networks.

• No Distribution of Harmful Content: You are prohibited from uploading, posting, distributing, or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

• No Impersonation: You must not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

• No Commercial Use: Finch Q is for personal and non-commercial use only. You may not use the app for commercial purposes unless explicitly authorized by Tightwire, Inc.

Enforcement of User Conduct

Violations of these guidelines may result in the immediate termination of your access to Finch Q, and we reserve the right to remove any content that violates these terms. Further legal action may be taken if necessary to protect the rights and safety of other users and the integrity of the Finch Q platform.

Reporting Misconduct

If you encounter any behavior or content that violates these terms of service, please report it immediately to our support team at jack@iwantfinch.com.

Health-Related Information

Limitation of Medical Application: Finch Q is designed to support your health and wellness, but it is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. It is important that you do not rely on Finch Q for any medical diagnosis or treatment purposes.

Accuracy and Reliability: Finch Q may, from time to time, provide false positive or false negative assumptions. The information provided by Finch Q is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional.

Decision Making: Always use your own judgment in making health-related decisions. Consult with a healthcare provider for professional medical advice as needed. Do not disregard professional medical advice or delay seeking it because of something you have read on or through the App.

Emergency Procedures: In the event of a health emergency, call 911 or head to the nearest emergency department immediately. Finch Q is not designed to handle or address acute medical emergencies.

Intellectual Property Rights

Ownership of Content

All content provided on Finch Q, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of Tightwire, Inc. or its suppliers and protected by copyright and other intellectual property laws. You acknowledge that the App and any underlying technology or software used in connection with the App contain Tightwire, Inc.'s proprietary information.

License to Users

We grant you a limited, non-exclusive, non-transferable, revocable license to use Finch Q for your personal, non-commercial use, and only as permitted by the features of the App. This license does not include any resale or commercial use of any Finch Q service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Finch Q or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

User-Generated Content

If Finch Q allows the posting of content by you or users, such content remains the intellectual property of the individual user. However, by posting content on Finch Q, you grant Tightwire, Inc. a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Copyright Complaints

(a) Tightwire, Inc. respects the intellectual property rights of others and expects users of Finch Q to do the same. We take claims of copyright infringement seriously and address them promptly.

(b) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address.

5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all copyright infringement notices to jack@iwantfinch.com. We recommend consulting with a legal advisor to ensure that your claim complies with all the necessary requisites of the DMCA.

Trademarks

The trademarks, logos, and service marks displayed on Finch Q are the property of Tightwire, Inc. or other third parties. You are not permitted to use these Marks without the prior written consent of Tightwire, Inc. or such third party that may own the Mark.

Disclaimers and Limitations of Liability

Disclaimer of Warranties

You expressly agree that the use of Finch Q is at your sole risk. The App and all services and products delivered to you through the App are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Tightwire, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Health-Related Information

Finch Q does not provide medical advice. The content provided through Finch Q, including all text, photographs, images, illustrations, graphics, audio, video, and audio-video clips, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or health objectives.

Limitation of Liability

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

User Responsibilities

You agree to indemnify, defend, and hold harmless Tightwire, Inc., its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the App from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the App using your service.

Scope of Indemnification

This indemnification includes, without limitation, liability relating to intellectual property infringement, privacy issues, and unauthorized use of any information or data provided by Finch Q. It also covers any civil or criminal actions that may be taken as a result of your use of Finch Q.

Defense and Control

Tightwire, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tightwire, Inc. in asserting any available defenses.

Termination and Suspension

Company's Right to Terminate

Tightwire, Inc. reserves the right to terminate or suspend your access to Finch Q, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Service. Upon termination, your right to use Finch Q will immediately cease.

User's Right to Terminate

As a user, you have the right to terminate your use of Finch Q at any time. Since Finch Q does not require an account, termination can be effectively managed by deleting the app from your device, thereby discontinuing any further use of the service.

Effects of Termination

Upon termination:

• Your access to all functionalities of Finch Q will be immediately revoked.

• Any data that was stored by Finch Q (if applicable) may no longer be accessible. However, it is important to note that Finch Q does not store user data on its servers as user data is managed within their own devices and their own iCloud.

Survival

Sections of the Terms of Service that, by their nature, should survive termination will remain in effect after termination. This includes, but is not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution

Governing Law

These Terms of Service and your use of Finch Q shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Informal Dispute Resolution

We at Tightwire, Inc. aim to address your concerns without needing a formal legal case. Before filing a claim against Tightwire, Inc., you agree to try to resolve the dispute informally by contacting us at jack@iwantfinch.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Tightwire, Inc. may bring a formal proceeding.

Arbitration Agreement

You and Tightwire, Inc. agree to resolve any claims relating to these Terms of Service or the Finch Q app through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.

Exceptions to Agreement to Arbitrate

You or Tightwire, Inc. may assert claims, if they qualify, in small claims court in Wilmington, Delaware. Furthermore, both parties agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Judicial Forum for Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Tightwire, Inc. agree that any judicial proceeding will be brought in the federal or state courts of Wilmington, Delaware. Both you and Tightwire, Inc. consent to the venue and personal jurisdiction there.

No Class Actions

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Changes to the Terms of Service

Right to Modify

Tightwire, Inc. reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time by posting the amended Terms on the Finch Q website and within the app. We may also provide additional notice, such as via an email notification, a push notification, or other means of communication.

User's Responsibility to Stay Informed

It is your responsibility to check these Terms of Service periodically for changes. Your continued use of Finch Q following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, Tightwire, Inc. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Finch Q.

Effective Date of Changes

Changes to the Terms of Service will be effective immediately upon posting, unless otherwise specified in the notice of change. If changes affect any material aspects of your use of Finch Q or the rights and obligations of either party, we will endeavor to provide more prominent notice or obtain your consent, as appropriate under the circumstances.

For questions or concerns about these Terms or the App, please contact us at jack@iwantfinch.com.