Grin Remote Monitoring

Terms of Use for Provider

Terms of Use for End-User

Terms of Use for Provider

These Terms & Conditions apply to the use by you, a state-licensed orthodontist ("User" or "you"), of our Grin web application and/or mobile application (collectively, "App") and the Grin smartphone add-on scope product ("Device").  Please read the following Terms & Conditions carefully before using the App, so that you are aware of your legal rights and obligations with respect to Get-Grin Inc. ("Grin", "we", "our" or "us"). These Terms & Conditions are a legally binding contract between you and Grin regarding your use of the App.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE APP, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS & CONDITIONS, INCLUDING GRIN’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR ARE NOT CURRENTLY DULY LICENSED AS A ORTHODONTIST, NOT IN GOOD STANDING WITH STATE MEDICAL BOARD OF THE STATE WHERE YOU ARE LICENSED, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE APP AND YOU SHOULD NOT PROVIDE ANY DEVICE TO ANY PATIENTS. YOUR USE OF THE APP, AND GRIN’S PROVISION OF THE APP AND DEVICE TO YOU, CONSTITUTES AN AGREEMENT BY GRIN AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 11, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GRIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 11.)

  1. General
  1. Introduction. The App and Device are part of Grin’s communication platform to assist in your remote monitoring and telecommunication with certain patients for whom you have, at your sole and independent clinical judgment, determined that the patients are eligible for using the App for such remote monitoring services ("Patients" and "Services" respectively), and that you have authorized Grin to activate the App for such Patients. These Terms & Conditions govern the access to and use of the App, not the dental or orthodontic services provided through the App or Grin’s telecommunication platform. As a licensed orthodontist or dental professional, you are solely responsible for the dental services and any professional advice, treatment and diagnostic finding you provide using the App, consistent with the standard of care and all rules and regulations pertaining to the practice of dentistry.
  2. Ability to Accept Terms. By using the App, you affirm that you are a duly-licensed orthodontist or other dental professional licensed, qualified and in good standing with the state medical board where you are licensed to practice orthodontic services and to provide remote monitoring services to certain eligible patients identified by you and for whom you have authorized Grin to activate the App for such remote monitoring services.
  3. Waiver of Original Signature. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. To the extent any original signature is required from your patients during the use of the App, you shall be responsible for collecting such original signature from your patients consistent with the practice of dentistry and applicable laws pertaining to medical or dental records.
  1. Account; Access 
  1. Account. In order to make use of the App, you will have to create an account ("Account").  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you will be required to provide us with some information about yourself, such as your name, email address or other contact information.  You agree that the information you provide is accurate and complete information, and that you will keep it accurate and up-to-date at all times.  You are solely responsible for the activity that occurs in, and maintaining the confidentiality of, your Account and password.  You must notify us immediately of any breach of security or unauthorized use of your Account.  As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to us at support@get-grin.com.
  2. Access. Subject to your complete and ongoing compliance with these Terms, Grin grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the App obtained from a legitimate marketplace (on a mobile device that you own or control; and (b) access and use the App.
  3. Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
  4. Usage Rules.  If you are downloading the App from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules, which also govern your use of the App ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributors below in Section 25 but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules.  The Usage Rules that are applicable to your use of the App are incorporated into this agreement by this reference.  You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
  5. No Guarantee. Grin makes no commitments or guarantees regarding the outcome or success of the Services. You acknowledge that Grin provides the App for communication purposes only, and that Grin does not provide any medical advice through the App. You acknowledge and agree that the use of the App is at your sole discretion and that you are liable for all medical advice, treatment or diagnostic decisions you provide to your Patients using the App, as further detailed below in Section 4.
  6. Reviews. Users and Patients may submit opinions, assessments and reviews about the App ("User Review"). We do not check, verify the correctness and reliability, censor or supervise User Reviews, and therefore we do not assert any liability for any and all losses or damages that may be caused as a result from a User Review. You shall be solely responsible for your User Review and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Review and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any User Review. By submitting a User Review, you hereby grant Grin a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Review for any purpose, including without limitation for publishing and redistributing part or all of your User Reviews (and derivative works thereof) in any media formats and through any media channels and to improve the App and create other products and services, and you hereby waive any moral rights in your User Reviews, to the extent permitted by law.  
  1. App Restrictions 
  1. You shall not: (i) copy, distribute or modify any part of the App without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below in Section 5a) except as expressly authorized herein; (iii) disrupt servers or networks connected to the App; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the App; and/or (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App, or (vii) use the App for any illegal objective or in any way that is contrary to these Terms.
  2. In the event that a User uses the App for any purpose contrary to any applicable law and/or these Terms, then without derogating from any other remedy that Grin may be entitled to, Grin will be entitled to remove the User's profile from and access to the App, and the User will not have any claim and/or suit against Grin due to any damages that may thus arise. For the avoidance of doubt, revoking a User's access to the App shall not exempt the User from any of his liabilities towards Grin or towards any third party resulting from the User’s use of the App.
  1. App and Device Use and Restrictions
  1. You may only use the App with and distribute the Device to your Patients who are 13 years old or older and for whom you, at your sole discretion and independent clinical judgement, have deemed appropriate for the use of the App and the related Device. You shall identify such eligible Patients in writing to Grin, and you hereby that authorize Grin to activate the App for such eligible Patients. You will provide such identification of patients before you begin using the App and/or distribute the Device to such Patients. You understand the App is only intended for general communication purposes with your Patients and the App does not render treatment or diagnostic decisions.  The App should not replace or substitute any dental procedures or services that should be performed live in your office.  
  2. You shall not: (i) use, copy, modify or otherwise prepare derivative works of the Device, or any portion thereof, except as expressly authorized in these Terms, including any Additional Terms (defined below in Section 19); (ii) rent, lease, loan, sell or otherwise distribute the Device, except as expressly authorized by Grin or in these Terms; (iii) except as expressly permitted by any applicable law without the possibility of contractual waiver, reverse engineer or decompile the Device.
  3. You will have no rights with respect to the Device except as expressly set forth herein. All rights relating to the Device that are not expressly granted hereunder to you are reserved and retained by Grin.   You may only use the Device, in connection with the use of the App and the Service and you may not modify the Device in any way.
  1. Pricing
  1. In an effort to assist with the COVID-19 emergency response, the use of the App and the Device is expected to be provided at no-cost for the limited duration of the COVID-19 emergency, as determined by the federal or state authorities. Notwithstanding the foregoing, Grin reserves the right to change the pricing term upon notice at any time during the COVID-19 emergency or thereafter.    
  1. Intellectual Property Rights 
  1. Content and Marks.  The App is owned and operated by Grin. The: (i) content on the App, including without limitation, the text, descriptions, software, applications, source code, object code, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), and (ii) trademarks, service marks and logos contained therein ("Marks," together with the Materials, the "Content"), are the property of Grin and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  "Get-Grin", "Grin", the Grin logo, and other marks are Marks of Grin or its affiliates.  All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the App and the Content.  
  2. Use of Content.  Content on the App is provided to you for your information and personal use only, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
  1. Feedback.  If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App ("Feedback"), then you hereby grant Grin an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose.
  1. Privacy. Any personal information that we may collect or obtain in connection with the App will be collected, used and shared in accordance with our Privacy Policy, including the Notice of Privacy Practices, which is available at https://www.Get-Grin.com/privacy, and the Business Associate Agreement, attached hereto as Exhibit A, which becomes an integral part of this Agreement upon last signature.  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy and Business Associate Agreement.
  2. Warranty Disclaimers 
  1. This Section applies whether or not the services provided under the App are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  
  2. THE APP AND DEVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  GRIN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  GRIN DOES NOT GUARANTEE THAT THE APP WILL BE FREE OF BUGS, MALFUNCTIONS, SECURITY BREACHES, VIRUS ATTACKS, OR ILLEGAL PENETRATIONS.  THE APP MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  GRIN DOES NOT WARRANT THAT ANY OF THE AFOREMENTIONED ISSUES WILL BE CORRECTED. YOU AGREE THAT GRIN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APP BY A THIRD PARTY.    
  3. GRIN SHALL NOT BE LIABLE TO PATIENTS IN ANY WAY FOR THE RESULTS OR OUTCOMES OF ANY SERVICES PERFORMED HEREUNDER OR FOR ANY MEDICAL OR CLINICAL ADVICE YOU PROVIDE THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, FOR THE ACTS OR OMISSIONS OF ORTHODONTISTS AND/OR OR ANY ACTIVITIES OCCURRING ON THE PREMISES OF ANY ORTHODONTIST OFFICE. FOR CLARITY, ALL THE ABOVE ARE YOUR RESPONSIBILITY AND NOT OF GRIN.
  4. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE APP, DEVICE AND SERVICES IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT GRIN WILL NOT BE HELD RESPONSIBLE OR LIABLE  FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR ANY THIRD PARTY THAT RESULT FROM (i) YOUR USE OF (OR INABILITY TO USE) THE APP OR THE SERVICES OR (ii) YOUR NEGLECT OR MISUSE OF THE DEVICE. YOU ACKNOWLEDGE THAT GRIN IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU HEREBY ACKNOWLEDGE THAT ANY MEDICAL, ORTHODONTIC OR SIMILAR PROFESSIONAL ADVICE YOU PROVIDE VIA THE APP IS SOLELY YOUR RESPONSIBILITY.
  1. Limitation of Liability 
  1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GRIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, REPUTATION OR ANY OTHER INTANGIBLE LOSS, ARISING UNDER THESE TERMS, THE YOUR SERVICES OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF  GRIN OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
  2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRIN FOR ANY DAMAGES ARISING UNDER THESE TERMS, YOUR SERVICES OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO GRIN UNDER OR IN CONNECTION WITH THE APP DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, OR $500, WHICHEVER IS GREATER.  
  1. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Indemnity.  To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Grin and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your misuse of the App;  (ii) your violation of these Terms; and (iii) your negligence, malpractice, or violation of law.

  1. Suspension. In the event that you make use of the App or Device in a manner contrary to any applicable laws and/or these Terms, then Grin may, in addition to any other right or remedy that it may have available to it at law or in equity, terminate these Terms and/or your access to the App, and you will not be entitled to any claim to or restitution of the funds that you may have paid in regards to the use of the App.

  1. Dispute Resolution and Arbitration

  1. Generally. In the interest of resolving disputes between you and Grin in the most expedient and cost effective manner, and except as described in Section 11b and 11c, you and Grin agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GRIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. Despite the provisions of Section 11a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

  1. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 within 30 days after the date that you agree to these Terms by sending a letter to Get-Grin, Inc., Attention: Legal Department – Arbitration Opt-Out, 382A Rte 59, Airmont, NY 10952 that specifies: your full legal name, the email address associated with your account on the App, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Grin receives your Opt-Out Notice, this Section 11 will be void and any action arising out of these Terms will be resolved as set forth in Section 17. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

  1. Arbitrator. Any arbitration between you and Grin will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Grin. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

  1. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Grin’s address for Notice is: Get-Grin, Inc., 382A Rte 59, Airmont, NY 10952. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Grin may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Grin must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Grin in settlement of the dispute prior to the award, Grin will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

  1. Fees. If you commence arbitration in accordance with these Terms, Grin will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Grin for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  1. No Class Actions. YOU AND GRIN 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 Grin 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.

  1. Modifications to this Arbitration Provision. If Grin makes any future change to this arbitration provision, other than a change to Grin’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Grin’s address for Notice of Arbitration, in which case your account with Grin will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  1. Enforceability. If Section 11g or the entirety of this Section 11 is found to be unenforceable, or if Grin receives an Opt-Out Notice from you, then the entirety of this Section 11 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

  1. Term and Termination
  1. These Terms are effective until terminated by Grin or you.  
  2. Without derogating from the foregoing, either party may terminate these Terms with immediate effect if the other party materially breaches these Terms and such breach remains uncured fifteen (15) days after having received written notice thereof.
  3. Grin shall not be liable to you or any third party for termination of access to the App, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.  
  4. Upon termination of these Terms, you shall cease all use of the App and Device.
  5. This Section 12 and Sections 3 (App Restrictions), 4 (Device Use and Restrictions), 5 (Intellectual Property Rights), 6 (Privacy), 7 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Indemnity), 10 (Suspension), 11 (Dispute Resolution and Arbitration), and 13-25 shall survive termination of these Terms.
  1. Independent Contractors.  You and Grin are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Grin.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Grin.
  2. Modification.  Grin is entitled to change from time to time, according to its absolute discretion and without needing to inform the User, the App and its contents, including inter alia its design and the services that are provided in it, and it is also entitled to edit its Terms.
  3. Export Laws.  You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  4. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, in whole or in part, but may be assigned by Grin without restriction or notification to you. Any prohibited assignment shall be null and void.
  5. Governing Law.  These Terms and the relationship between you and Grin shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The exclusive jurisdiction in every matter and/or issue regarding the terms of use that is not subject to arbitration pursuant to Section 11 will be exclusively granted to the court in the district of New York, New York.  
  6. Miscellaneous. These Terms, together with the BAA, shall constitute the entire agreement between you and Grin concerning the App. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity 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 a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  7. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the App and/or Device or certain features of the App and/or Device that we may post on or link to from the App (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  8. Consent to Electronic Communications. By using the App, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  9. Contact Information. The App is offered by Get-Grin Inc., located at 382A Rte 59, Airmont, NY 10952. You may contact us by sending correspondence to that address or by emailing us at support@get-grin.com.
  10. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the App or to receive further information regarding use of the App.
  11. No Support. We are under no obligation to provide support for the App and/or Service, but we are the only party with the right to do so.
  12. International Use. The App is intended for users located within the United States. We make no representation that the App is appropriate or available for use outside of the United States. Access to the App and/or Site from countries or territories or by individuals where such access is illegal is prohibited.

Last updated:  May 2020

EXHIBIT A

HIPAA BUSINESS ASSOCIATE AGREEMENT

This Business Associate Agreement (“BAA”) is entered into and effective upon your acceptance of the Terms between you (“Covered Entity”) and Get-Grin, Inc. (“Business Associate“) (each a “Party” and collectively, the “Parties”).

RECITALS

A.        Covered Entity is a “covered entity” as that term is defined under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-91), as amended, (“HIPAA”), and the regulations promulgated thereunder by the Secretary of the U.S. Department of Health and Human Services (“Secretary”), including, without limitation, the regulations codified at 45 C.F.R. Parts 160 and 164 (“HIPAA Regulations”);

B.        Business Associate performs Services for or on behalf of Covered Entity, and in performing said Services; Business Associate creates, receives, maintains, or transmits Protected Health Information (“PHI”);

C.        The Parties intend to protect the privacy and provide for the security of PHI Disclosed by Covered Entity to Business Associate, or received or created by Business Associate, when providing Services in compliance with HIPAA, the Health Information Technology for Economic and Clinical Health Act (Public Law 111-005) (“the HITECH Act”) and its implementing regulations and guidance issued by the Secretary, and other applicable state and federal laws, all as amended from time to time; and

D.        As a covered entity, Covered Entity is required under HIPAA to enter into a BAA with Business Associate that meets certain requirements with respect to the Use and Disclosure of PHI, which are met by this BAA.

AGREEMENT

In consideration of the Recitals and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows:


  1. DEFINITIONS

The following terms shall have the meaning set forth below.  Capitalized terms used in this BAA and not otherwise defined shall have the meanings ascribed to them in HIPAA, the HIPAA Regulations, or the HITECH Act, as applicable.

  1. Breach” shall have the meaning given under 42 U.S.C. § 17921(1) and 45 C.F.R. § 164.402.

  2. Designated Record Set” shall have the meaning given such term under 45 C.F.R. § 164.501.  

  3. Disclose” and “Disclosure” mean, with respect to PHI, the release, transfer, provision of access to, or divulging in any other manner of PHI outside of Business Associate or to other than members of its Workforce, as set forth in 45 C.F.R. § 160.103.

  4. Electronic PHI” or “e-PHI” means PHI that is transmitted or maintained in electronic media, as set forth in 45 C.F.R. § 160.103.

  5. Protected Health Information” and “PHI” mean any information, whether oral or recorded in any form or medium, that: (a) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; (b) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual); and (c) shall have the meaning given to such term under the Privacy Rule, including, but not limited to, 45 C.F.R. § 160.103.  Protected Health Information includes e-PHI.  

  6. Security Incident” shall have the meaning given to such term under 45 C.F.R. § 164.304.  

  7. Services” shall mean the services for or functions on behalf of Covered Entity performed by Business Associate pursuant to any service agreement(s) between Covered Entity and Business Associates which may be in effect now or from time to time (“Underlying Agreement”), or, if no such agreement is in effect, the services or functions performed by Business Associate that constitute a Business Associate relationship, as set forth in 45 C.F.R. § 160.103.

  8. Unsecured PHI” shall have the meaning given to such term under 42 U.S.C. § 17932(h), 45 C.F.R. § 164.402, and guidance issued pursuant to the HITECH Act including, but not limited to the guidance issued on April 17, 2009 and published in 74 Federal Register 19006 (April 27, 2009) by the Secretary.

  9. Use” or “Uses” mean, with respect to PHI, the sharing, employment, application, utilization, examination or analysis of such PHI within Business Associate’s internal operations, as set forth in 45 C.F.R. § 160.103.

  10. Workforce” shall have the meaning given to such term under 45 C.F.R. § 160.103.


  1. TERM AND TERMINATION

  1. Term   The term of this Agreement shall be effective as of the Effective Date and shall terminate upon the termination of the Terms & Conditions between the Parties, unless earlier terminated pursuant to the terms hereof.  

  2. Termination for Cause Upon Covered Entity’s knowledge of a material breach or violation of this BAA by Business Associate, Covered Entity shall either:

  1. Notify Business Associate of the breach in writing, and provide an opportunity for Business Associate to cure the breach or end the violation within ten (10) business days of such notification; provided that if Business Associate fails to cure the breach or end the violation within such time period to the satisfaction of Covered Entity, Covered Entity may immediately terminate this BAA upon written notice to Business Associate;
  2. Upon written notice to Business Associate, immediately terminate this BAA if Covered Entity determines that such breach cannot be cured; or
  1. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.
  1. Disposition of Protected Health Information Upon Termination or Expiration 

  1. Upon termination or expiration of this BAA, Business Associate shall either return or destroy all PHI received from, or created or received by Business Associate on behalf of Covered Entity, that Business Associate still maintains in any form and retain no copies of such PHI.  If Covered Entity requests that Business Associate return PHI, PHI shall be returned in a mutually agreed upon format and timeframe, at no additional charge to Covered Entity.  

  2. If return or destruction is not feasible, Business Associate shall (a) retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (b) return to Covered Entity the remaining PHI that Business Associate still maintains in any form; (c) continue to extend the protections of this BAA to the PHI for as long as Business Associate retains the PHI; (d) limit further Uses and Disclosures of such PHI to those purposes that make the return or destruction of the PHI infeasible and subject to the same conditions set out in Section 3.1 and 3.2 above, which applied prior to termination; and (e) return to Covered Entity the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.


  1. OBLIGATIONS OF BUSINESS ASSOCIATE

  1. Permitted Uses and Disclosures of Protected Health Information Business Associate shall not Use or Disclose PHI other than to perform the Services, as permitted or required by this BAA, or as required by law.  Business Associate shall not Use or Disclose PHI in any manner that would constitute a violation of Subpart E of 45 C.F.R. Part 164 if so Used or Disclosed by Covered Entity.  However, Business Associate may Use or Disclose PHI (i) for the proper management and administration of Business Associate; (ii) to carry out the legal responsibilities of Business Associate, provided that with respect to any such Disclosure either: (a) the Disclosure is Required by Law; or (b) Business Associate obtains a written agreement from the person to whom the PHI is to be Disclosed that such person will hold the PHI in confidence and will not Use and further Disclose such PHI except as Required by Law and for the purpose(s) for which it was Disclosed by Business Associate to such person, and that such person will notify Business Associate of any instances of which it is aware in which the confidentiality of the PHI has been breached; (iii) for Data Aggregation purposes for the Health Care Operations of Covered Entity.  To the extent that Business Associate carries out one or more of Covered Entity’s obligations under Subpart E of 45 C.F.R. Part 164, Business Associate must comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations.

  2. Prohibited Marketing and Sale of PHI   Notwithstanding any other provision in this BAA, Business Associate shall comply with the following requirements:  (i) Business Associate shall not Use or Disclose PHI for fundraising or marketing purposes, except to the extent expressly authorized or permitted by this BAA and consistent with the requirements of 42 U.S.C. § 17936, 45 C.F.R. §§ 164.514(f), and 164.508(a)(3)(ii), and (iii) Business Associate shall not directly or indirectly receive remuneration in exchange for PHI except with the prior written consent of Covered Entity and as permitted by the HITECH Act, 42 U.S.C. § 17935(d)(2), and 45 C.F.R. § 164.502(a)(5)(ii).  

  3. Adequate Safeguards of PHI Business Associate shall implement and maintain appropriate safeguards to prevent Use or Disclosure of PHI other than as provided for by this BAA.  Business Associate shall reasonably and appropriately protect the confidentially, integrity, and availability of e-PHI that it creates, receives, maintains or transmits on behalf of Covered Entity in compliance with Subpart C of 45 C.F.R. Part 164 to prevent Use or Disclosure of PHI other than as provided for by this BAA.

  4. Mitigation Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this BAA.

  5. Reporting Non-Permitted Use or Disclosure

  1. Reporting Security Incidents and Non-Permitted Use or Disclosure  Business Associate shall report to Covered Entity in writing each Security Incident or Use or Disclosure that is made by Business Associate, members of its Workforce or Subcontractors that is not specifically permitted by this BAA no later than three (3) business days after becoming aware of such Security Incident or non-permitted Use or Disclosure, in accordance with the notice provisions set forth herein.  Business Associate shall investigate each Security Incident or non-permitted Use or Disclosure of Covered Entity’s PHI that it discovers to determine whether such Security Incident or non-permitted Use or Disclosure constitutes a reportable Breach of Unsecured PHI.  Business Associate shall document and retain records of its investigation of any Breach, including its reports to Covered Entity under this Section 3.5.1.  Upon request of Covered Entity, Business Associate shall furnish to Covered Entity the documentation of its investigation and an assessment of whether such Security Incident or non-permitted Use or Disclosure constitutes a reportable Breach.  If such Security Incident or non-permitted Use or Disclosure constitutes a reportable Breach of Unsecured PHI, then Business Associate shall comply with the additional requirements of Section 3.5.2 below.

  2. Breach of Unsecured PHI If Business Associate determines that a reportable Breach of Unsecured PHI has occurred, Business Associate shall provide a written report to Covered Entity without unreasonable delay but no later than thirty (30) calendar days after discovery of the Breach. To the extent that information is available to Business Associate, Business Associate’s written report to Covered Entity shall be in accordance with 45 C.F.R. §164.410(c). Business Associate shall cooperate with Covered Entity in meeting Covered Entity’s obligations under the HITECH Act with respect to such Breach. Covered Entity shall have sole control over the timing and method of providing notification of such Breach to the affected individual(s), the Secretary and, if applicable, the media, as required by the HITECH Act.  Business Associate shall reimburse Covered Entity for its reasonable costs and expenses in providing the notification, including, but not limited to, any administrative costs associated with providing notice, printing and mailing costs, and costs of mitigating the harm (which may include the costs of obtaining credit monitoring services and identity theft insurance) for affected individuals whose PHI has or may have been compromised as a result of the Breach.

  1. Availability of Internal Practices, Books, and Records to Government  Business Associate agrees to make its internal practices, books and records relating to the Use and Disclosure of PHI received from, or created or received by the Business Associate on behalf of Covered Entity available to the Secretary for purposes of determining Covered Entity’s compliance with HIPAA, the HIPAA Regulations, and the HITECH Act.  Except to the extent prohibited by law, Business Associate shall notify Covered Entity of all requests served upon Business Associate for information or documentation by or on behalf of the Secretary.  Business Associate agrees to provide to Covered Entity proof of its compliance with the HIPAA Security Standards.

  2. Access to and Amendment of Protected Health Information    To the extent that Business Associate maintains a Designated Record Set on behalf of Covered Entity and within fifteen (15) days of a request by Covered Entity, Business Associate shall (a) make the PHI it maintains (or which is maintained by its Subcontractors) in Designated Record Sets available to Covered Entity for inspection and copying, or to an individual to enable Covered Entity to fulfill its obligations under 45 C.F.R. § 164.524, or (b) amend the PHI it maintains (or which is maintained by its Subcontractors) in Designated Record Sets to enable the Covered Entity to fulfill its obligations under 45 C.F.R. § 164.526.  Business Associate shall not Disclose PHI to a health plan for payment or Health Care Operations purposes if and to the extent that Covered Entity has informed Business Associate that the patient has requested this special restriction, and has paid out of pocket in full for the health care item or service to which the PHI solely relates, consistent with 42 U.S.C. § 17935(a) and 42 C.F.R. § 164.522(a)(1)(vi).  If Business Associate maintains PHI in a Designated Record Set electronically, Business Associate shall provide such information in the electronic form and format requested by the Covered Entity if it is readily reproducible in such form and format, and, if not, in such other form and format agreed to by Covered Entity to enable Covered Entity to fulfill its obligations under 42 U.S.C. § 17935(e) and 45 C.F.R. § 164.524(c)(2).  Business Associate shall notify Covered Entity within fifteen (15) days of receipt of a request for access to PHI.

  3. Accounting  To the extent that Business Associate maintains a Designated Record Set on behalf of Covered Entity, within thirty (30) days of receipt of a request from Covered Entity or an individual for an accounting of disclosures of PHI, Business Associate and its Subcontractors shall make available to Covered Entity the information required to provide an accounting of disclosures to enable Covered Entity to fulfill its obligations under 45 C.F.R. § 164.528 and its obligations under 42 U.S.C. § 17935(c).  Business Associate shall notify Covered Entity within fifteen (15) days of receipt of a request by an individual or other requesting party for an accounting of disclosures of PHI.

  4. Use of Subcontractors Business Associate shall require each of its Subcontractors that creates, maintains, receives, or transmits PHI on behalf of Business Associate, to execute a Business Associate Agreement that imposes on such Subcontractors the same restrictions, conditions, and requirements that apply to Business Associate under this BAA with respect to PHI.

  5. Minimum Necessary  Business Associate (and its Subcontractors) shall, to the extent practicable, limits its request, Use, or Disclosure of PHI to the minimum amount of PHI necessary to accomplish the purpose of the request, Use or Disclosure, in accordance with 42 U.S.C. § 17935(b) and 45 C.F.R. § 164.502(b)(1) or any other guidance issued thereunder.


  1. MISCELLANEOUS

  1. Amendment to Comply with Law This BAA shall be deemed amended to incorporate any mandatory obligations of Covered Entity or Business Associate under the HITECH Act and its implementing HIPAA Regulations.  Additionally, the Parties agree to take such action as is necessary to amend this BAA from time to time as necessary for Covered Entity to implement its obligations pursuant to HIPAA, the HIPAA Regulations, or the HITECH Act.    

  1. Notices  Any notices required or permitted to be given hereunder by either Party to the other shall be given in writing:  (1) by personal delivery; (2) by electronic mail or facsimile with confirmation sent by United States first class registered or certified mail, postage prepaid, return receipt requested; (3) by bonded courier or by a nationally recognized overnight delivery service; or (4) by United States first class registered or certified mail, postage prepaid, return receipt, in each case, addressed to a Party on the signature page(s) to this Agreement or to such other addresses as the Parties may request in writing by notice given pursuant to this Section 4.3.  Notices shall be deemed received on the earliest of personal delivery; upon delivery by electronic facsimile with confirmation from the transmitting machine that the transmission was completed; twenty-four (24) hours following deposit with a bonded courier or overnight delivery service; or seventy-two (72) hours following deposit in the U.S. mail as required herein.

  2. Relationship of Parties Business Associate is an independent contractor and not an agent of Covered Entity under this BAA.  Business Associate has the sole right and obligation to supervise, manage, contract, direct, procure, perform or cause to be performed all Business Associate obligations under this BAA.

  3. Survival The respective rights and obligations of the Parties under Section 2.3 and 4.2 of this BAA shall survive the termination of this BAA.

Applicable Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of New York (without regards to conflict of laws principles).  The Parties agree that all actions or proceedings arising in connection with this BAA shall be tried and litigated exclusively in the State or federal (if permitted by law and if a Party elects to file an action in federal court) courts located in the State of New York.

Terms of Use for End-User

These Terms & Conditions apply to the use by you ("User" or "you") of our Grin web application and/or mobile application (collectively, "App") and the Grin smartphone add-on scope product ("Device").  Please read the following Terms & Conditions carefully before using the App, so that you are aware of your legal rights and obligations with respect to Get-Grin Inc. ("Grin", "we", "our" or "us"). These Terms & Conditions are a legally binding contract between you and Grin regarding your use of the App.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE APP, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS & CONDITIONS, INCLUDING GRIN’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE APP. IF YOUR ORTHODONTIST DETERMINES THAT YOU ARE NOT ELIGIBLE FOR THE APP, YOUR APP WILL BE DEACTIVATED AND YOU SHOULD STOP USING THE APP AND THE DEVICE IMMEDIATELY AND TALK TO YOUR ORTHODONTIST. IF YOU ARE IN NEED OF IMMEDIATE MEDICAL ATTENTION OR IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR CONSULT WITH A MEDICAL PROFESSIONAL IMMEDIATELY. THE APP IS JUST ONE WAY OF COMMUNICATING WITH YOUR ORTHODONTIST AND REQUIRES YOUR ORTHODONTIST’S PRIOR AUTHORIZATION BEFORE YOU CAN USE THE APP. YOU ARE FREE TO USE OTHER MEANS TO CONTACT OR INTERACT WITH YOUR ORTHODONTIST. THE APP DOES NOT PROVIDE ANY MEDICAL ADVICE. YOUR ORTHODONTIST IS FULLY RESPONSIBLE FOR ALL MEDICAL ADVICE PROVIDED THROUGH THE APP. YOUR USE OF THE APP, AND GRIN’S PROVISION OF THE APP TO YOU, CONSTITUTES AN AGREEMENT BY GRIN AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 11, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GRIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 11.)

  1. General
  1. Introduction. The App and Device are part of Grin’s communication platform to assist eligible patients’ communication with their orthodontists and orthodontists’ remote monitoring and telecommunication provided to  eligible patients, as identified by their orthodontists and for whom their orthodontists have authorized Grin to activate the App for such eligible patients ("Users" and "Services" respectively) to engage with their orthodontists. These Terms & Conditions govern the access to and use by users of the App and Device.  You have no right to use, and will not use, the Services unless you are an eligible patient as determined by your orthodontist.
  2. Ability to Accept Terms. By using the App, you affirm that you are over thirteen (13) years of age. If you are a User between the age of thirteen (13) and eighteen (18) years then, prior to installing or accessing the App, you must first review these Terms & Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and agree to them.
  3. Waiver of Original Signature. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.  
  1. Account; Access 
  1. Account. In order to make use of the App, you will have to create an account ("Account").  You agree not to create an Account for anyone else or use the account of another without their permission.  When creating your Account, you will be required to provide us with some information about yourself, such as your name, email address or other contact information.  You agree that the information you provide is accurate and complete information, and that you will keep it accurate and up-to-date at all times.  You are solely responsible for the activity that occurs in, and maintaining the confidentiality of, your Account and password.  You must notify us immediately of any breach of security or unauthorized use of your Account.  As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account.  If you wish to delete your Account you may send an email request to us at support@get-grin.com.
  2. Access. Subject to your complete and ongoing compliance with these Terms, Grin grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the App obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the App.
  3. Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
  4. Usage Rules.  If you are downloading the App from a third party mobile device platform or service provider ("Distributor"), please be aware that the Distributor may have established usage rules, which also govern your use of the App ("Usage Rules"). We specifically refer to the Usage Rules of certain Distributors below in Section 25 but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules.  The Usage Rules that are applicable to your use of the App are incorporated into this agreement by this reference.  You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
  5. No Guarantee. Grin makes no commitments or guarantees regarding the outcome or success of the Services. You acknowledge that Grin provides the App for communication purposes only and that all medical advice, treatment and diagnostic decisions are  provided by your orthodontist and not by Grin, as further detailed below.
  6. You may submit any issues you have with the App to: support@get-grin.com.
  7. Reviews. Users may submit opinions, assessments and reviews about the App ("User Review"). We do not check, verify the correctness and reliability, censor or supervise User Reviews, and therefore we do not assert any liability for any and all losses or damages that may be caused as a result from a User Review. You shall be solely responsible for your User Review and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Review and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any User Review. By submitting a User Review, you hereby grant Grin a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Review for any purpose, including without limitation for publishing and redistributing part or all of your User Reviews (and derivative works thereof) in any media formats and through any media channels and to improve the App and create other products and services, and you hereby waive any moral rights in your User Reviews, to the extent permitted by law.
  1. App Restrictions 
  1. You shall not: (i) copy, distribute or modify any part of the App without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below in Section 5a)except as expressly authorized herein; (iii) disrupt servers or networks connected to the App; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the App; and/or (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App, or (vii) use the App for any illegal objective or in any way that is contrary to these Terms.
  2. If you use the App for any purpose contrary to any applicable law and/or these Terms, then without derogating from any other remedy that Grin may be entitled to, Grin will be entitled to remove the User's profile from and access to the App, and you will not have any claim and/or suit against Grin due to any damages that may thus arise. For the avoidance of doubt, revoking a User's access to the App shall not exempt you from any of his liabilities towards Grin or towards any third party resulting from the User’s use of the App.
  3. You shall not share your Account or access to the App with any other person. Your use of the App has been authorized by your orthodontist specifically for your use with your orthodontist.
  1. Device Use and Restrictions
  1. You may only use the Device for use of the App in accordance with instructions provided by Grin or your orthodontist.
  2. You shall not: (i) use, copy, modify or otherwise prepare derivative works of the Device, or any portion thereof, except as expressly authorized in these Terms, including any Additional Terms (defined below in Section 19); (ii) rent, lease, loan, sell or otherwise distribute the Device; (iii) except as expressly permitted by any applicable law without the possibility of contractual waiver, reverse engineer or decompile the Device.
  3. You will have no rights with respect to the Device except as expressly set forth herein. All rights relating to the Device that are not expressly granted hereunder to you are reserved and retained by Grin
  1. Intellectual Property Rights 
  1. Content and Marks.  The App is owned and operated by Grin. The: (i) content on the App, including without limitation, the text, descriptions, software, applications, source code, object code, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), and (ii) trademarks, service marks and logos contained therein ("Marks," together with the Materials, the "Content"), are the property of Grin and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  "Get-Grin", "Grin", the Grin logo, and other marks are Marks of Grin or its affiliates.  All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the App and the Content.  
  2. Use of Content.  Content on the App is provided to you for your information and personal use only, and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent.  If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
  1. Feedback.  If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App ("Feedback"), then you hereby grant Grin an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose.
  1. Privacy Any personal information that we may collect or obtain in connection with the App will be collected, used, and shared in accordance with our Privacy Policy, including the Notice of Privacy Practices, which is available at https://www.Get-Grin.com/privacy.  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
  2. Warranty Disclaimers 
  1. This Section applies whether or not the services provided under the App are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  
  2. THE APP AND DEVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  GRIN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  GRIN DOES NOT GUARANTEE THAT THE APP WILL BE FREE OF BUGS, MALFUNCTIONS, SECURITY BREACHES, VIRUS ATTACKS, OR ILLEGAL PENETRATIONS.  THE APP MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  GRIN DOES NOT WARRANT THAT ANY OF THE AFOREMENTIONED ISSUES WILL BE CORRECTED. YOU AGREE THAT GRIN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE APP BY A THIRD PARTY.    
  3. GRIN IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE THE ORTHODONTISTS’ SUITABILITY, COMPETENCY, OR COMPATIBILITY TO THE NEED AND OBJECTIVES OF USERS AND GRIN DOES NOT WARRANT, ENDORSE OR GUARANTEE TO USERS ANY SERVICE PERFORMED BY ORTHODONTISTS.  GRIN SHALL NOT BE LIABLE TO USERS IN ANY WAY FOR THE RESULTS OR OUTCOMES OF ANY SERVICES PERFORMED HEREUNDER OR FOR ANY MEDICAL OR CLINICAL ADVICE, TREATMENT OR DIAGNOSTIC PROVIDED THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, FOR THE ACTS OR OMISSIONS OF ORTHODONTISTS AND/OR OR ANY ACTIVITIES OCCURRING ON THE PREMISES OF ANY ORTHODONTIST OFFICE. FOR CLARITY, ALL THE ABOVE ARE THE RESPONSIBILITY OF THE ORTHODONTISTS AND NOT OF GRIN.
  4. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE APP, DEVICE AND SERVICES IS VOLUNTARY AND AT YOUR OWN RISK, AND YOU AGREE THAT GRIN WILL NOT BE HELD RESPONSIBLE OR LIABLE  FOR ANY CONSEQUENCES (SUCH AS, BUT NOT LIMITED TO, HEALTH PROBLEMS, PERSONAL INJURY, OR DEATH) TO YOU OR ANY THIRD PARTY THAT RESULT FROM (i) YOUR USE OF (OR INABILITY TO USE) THE APP OR THE SERVICES OR (ii) YOUR NEGLECT OR MISUSE OF THE DEVICE. YOU ACKNOWLEDGE THAT GRIN IS NOT A LICENSED MEDICAL CARE PROVIDER AND THAT YOUR MEDICAL PROVIDER OR ORTHODONTIST IS SOLELY RESPONSIBLE FOR THE MEDICAL INFORMATION OR ADVICE PROVIDED BY YOUR PROVIDER OR ORTHODONTIST THROUGH THE APP. YOU HEREBY ACKNOWLEDGE THAT ANY MEDICAL, ORTHODONTIC OR SIMILAR PROFESSIONAL ADVICE PROVIDED VIA THE APP IS THE RESPONSIBILITY OF THE ORTHODONTIST.
  5. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY SERVICES IMMEDIATELY. YOU SHOULD NOT RELY ON THE APP FOR ANY MEDICAL EMERGENCY.
  1. Limitation of Liability 
  1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GRIN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, REPUTATION OR ANY OTHER INTANGIBLE LOSS, ARISING UNDER THESE TERMS, THE ORTHODONTISTS’ SERVICES OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF  GRIN OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
  2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRIN FOR ANY DAMAGES ARISING UNDER THESE TERMS, THE ORTHODONTISTS’ SERVICES OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO GRIN UNDER OR IN CONNECTION WITH THE APP DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, OR $500, WHICHEVER IS GREATER.  
  1. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Indemnity.  To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Grin and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: your violation of these Terms, misuse of the App or Device, or violation of law.

  1. Suspension. In the event that you make use of the App or Device in a manner contrary to any applicable laws and/or these Terms, then Grin may, in addition to any other right or remedy that it may have available to it at law or in equity, terminate these Terms and/or your access to the App, and you will not be entitled to any claim to or restitution of the funds that you may have paid in regards to the use of the App.

  1. Dispute Resolution and Arbitration

  1. Generally. In the interest of resolving disputes between you and Grin in the most expedient and cost effective manner, and except as described in Section 11b and 11c, you and Grin agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GRIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Exceptions. Despite the provisions of Section 11a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

  1. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 within 30 days after the date that you agree to these Terms by sending a letter to Get-Grin, Inc., Attention: Legal Department – Arbitration Opt-Out, 382A Rte 59, Airmont, NY 10952 that specifies: your full legal name, the email address associated with your account on the App, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Grin receives your Opt-Out Notice, this Section 11 will be void and any action arising out of these Terms will be resolved as set forth in Section 17. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

  1. Arbitrator. Any arbitration between you and Grin will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Grin. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

  1. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Grin’s address for Notice is: Get-Grin, Inc., 382A Rte 59, Airmont, NY 10952. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Grin may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Grin must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Grin in settlement of the dispute prior to the award, Grin will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

  1. Fees. If you commence arbitration in accordance with these Terms, Grin will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Grin for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  1. No Class Actions. YOU AND GRIN 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 Grin 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.

  1. Modifications to this Arbitration Provision. If Grin makes any future change to this arbitration provision, other than a change to Grin’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Grin’s address for Notice of Arbitration, in which case your account with Grin will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

  1. Enforceability. If Section 11g or the entirety of this Section 11 is found to be unenforceable, or if Grin receives an Opt-Out Notice from you, then the entirety of this Section 11 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

  1. Term and Termination
  1. These Terms are effective until terminated by Grin, you, or your orthodontist.  Use of the App must be authorized first by your orthodontist. Grin and your orthodontist each reserves the right to terminate the use of the App at any time without notice.
  2. Without derogating from the foregoing, either party may terminate these Terms with immediate effect if the other party materially breaches these Terms and such breach remains uncured fifteen (15) days after having received written notice thereof.
  3. Grin shall not be liable to you or any third party for termination of access to the App, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.  
  4. Upon termination of these Terms, you shall cease all use of the App and Device.
  5. This Section 12 and Sections 3 (App Restrictions), 4 (Device Use and Restrictions), 5 (Intellectual Property Rights), 6 (Privacy), 7 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Indemnity), 10 (Suspension), 11 (Dispute Resolution and Arbitration), and 13-25 shall survive termination of these Terms.
  1. Independent Contractors.  You and Grin are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Grin.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Grin.
  2. Modification.  Grin is entitled to change from time to time, according to its absolute discretion and without needing to inform the User, the App and its contents, including inter alia its design and the services that are provided in it, and it is also entitled to edit its Terms.
  3. Export Laws.  You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
  4. Assignment.  These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, in whole or in part, but may be assigned by Grin without restriction or notification to you. Any prohibited assignment shall be null and void.
  5. Governing Law.  These Terms and the relationship between you and Grin shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The exclusive jurisdiction in every matter and/or issue regarding the terms of use that is not subject to arbitration pursuant to Section 11 will be exclusively granted to the court in the district of New York, New York.  
  6. Miscellaneous. These Terms shall constitute the entire agreement between you and Grin concerning the App. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity 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 a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  7. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the App and/or Device or certain features of the App and/or Device that we may post on or link to from the App (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
  8. Consent to Electronic Communications. By using the App, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  9. Contact Information. The App is offered by Get-Grin Inc., located at 382A Rte 59, Airmont, NY 10952. You may contact us by sending correspondence to that address or by emailing us at support@get-grin.com.
  10. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the App or to receive further information regarding use of the App.
  11. No Support. We are under no obligation to provide support for the App and/or Service, but we are the only party with the right to do so.
  12. International Use. The App is intended for users located within the United States. We make no representation that the App is appropriate or available for use outside of the United States. Access to the App and/or Site from countries or territories or by individuals where such access is illegal is prohibited.
  13. Distributor Requirements and Usage Rules.

Apple.  If you download the App from the Apple, Inc. ("Apple") App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Terms:

  1. You acknowledge and agree that:
  1. This agreement is concluded between Grin and you only, and not with Apple, and Apple is not responsible for the App and the content thereof;
  2. Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement;
  3. The License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
  4. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
  5. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
  6. Apple is not responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
  7. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
  8. Apple, and its subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.  
  1. You represent and warrant that: (a) you are 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
  2. If you have any questions, complaints, or claims regarding the App, please contact Grin at: support@get-grin.com

By entering into this agreement, you, to the extent legally permitted, hereby waive any applicable law requiring that this agreement be localized to meet your language and other local requirements.  To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement, which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).

Last updated:  May 2020