About this agreement
This End User License Agreement ("EULA") is a binding agreement between you and Rymeda, Inc. ("Rymeda", "we", "us") that governs your use of the Rymeda mobile application and any updates to it (the "App"). The App is distributed during the private beta through Apple TestFlight. By downloading, installing, or using the App you agree to this EULA. If you do not agree, do not install or use the App.
This EULA covers the software itself. Your use of the Rymeda service, including the Rymeda Community, Care Portal, and ORIS, is also governed by our Terms of Service and Privacy Policy. Where this EULA and the Terms of Service address the same subject, the Terms of Service control unless this EULA says otherwise.
License grant
Subject to your compliance with this EULA, the Terms of Service, and the Privacy Policy, Rymeda grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on an Apple-branded device that you own or control, solely for your personal, non-commercial use and only for the purpose for which the App is intended.
This is a license, not a sale. You receive no ownership interest in the App. All rights not expressly granted to you in this EULA are reserved by Rymeda and its licensors.
Scope of the license
The license described above applies to the beta App and lets you use the features that Rymeda makes available to you during the beta. As permitted by the Usage Rules in the Apple Media Services Terms and Conditions, you may use the App on any Apple-branded device that you own or control. If you enable Family Sharing or share the device with members of your household, the license still applies as described above, and each person who uses the App must agree to this EULA.
Restrictions
You agree that you will not, and will not permit anyone else to:
- Copy, modify, adapt, translate, or create derivative works of the App, except as expressly permitted by law.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the App, except to the limited extent applicable law expressly permits despite this restriction.
- Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the App or your license to it.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice in the App.
- Use the App for any unlawful purpose, or in any way that violates this EULA, the Terms of Service, or applicable law.
- Use the App to build or train a competing product, or to extract data for that purpose.
- Circumvent, disable, or interfere with security, rate-limiting, content moderation, or other protective features of the App.
- Use bots, scrapers, or automated tools to access the App or collect data from it without our written permission.
Updates and beta builds
The App is beta software. It is incomplete, may contain bugs, may change without notice, and may be modified, paused, restarted, or shut down at our discretion. Rymeda may provide updates, patches, or new builds through TestFlight from time to time. Any update is part of the App and is subject to this EULA unless the update is accompanied by a separate license, in which case that license governs. You may need to install updates for the App to keep working, and Rymeda may stop supporting older builds.
Apple-specific terms
Because the App runs on Apple devices and is distributed through Apple, the following terms apply. These terms are based on the clauses Apple requires for a "Licensed Application End User License Agreement." If there is a conflict between this Section and the rest of this EULA, this Section controls with respect to your use of the App on Apple devices.
- This EULA is between you and Rymeda, not Apple. Rymeda, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide any maintenance or support services for the App.
- Scope of the license. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. Rymeda is solely responsible for providing any maintenance and support services for the App, as specified in this EULA or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
- Warranty. Rymeda is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) 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, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Rymeda's sole responsibility.
- Product claims. Rymeda, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (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, privacy, or similar legislation. This EULA does not limit Rymeda's liability to you beyond what applicable law permits.
- Intellectual property rights. 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, Rymeda, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
- Legal compliance. 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.
- Developer name and address. Questions, complaints, or claims regarding the App should be directed to Rymeda, Inc. at legal@rymeda.com.
- Third-party terms. You must comply with any applicable third-party terms of agreement when using the App, including the Apple Media Services Terms and Conditions.
- Apple as third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.
Ownership
The App, including its software, design, look and feel, text, graphics, and the Rymeda, Care Portal, Rymeda Medical Card, and ORIS names and logos, is owned by Rymeda, Inc. and its licensors and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license granted to you in this EULA, no rights in the App are transferred to you.
Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically, without notice, if you fail to comply with any of its terms. Rymeda may also suspend or terminate your license if it discontinues the App or the beta. You may terminate this EULA at any time by deleting the App from your device and removing all copies. Upon termination, you must stop all use of the App and delete it. The sections of this EULA that by their nature should survive termination will survive, including the restrictions, ownership, disclaimers, the Apple-specific terms, and the limitation of liability set out in the Terms of Service.
Disclaimers and health notice
The App is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Rymeda disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Rymeda does not warrant that the App will be uninterrupted, secure, or error-free. The limitation of liability set out in our Terms of Service applies to your use of the App.
The App, including ORIS, provides health information for general educational purposes only. It is not medical advice, and Rymeda is not a healthcare provider, clinic, pharmacy, insurer, or emergency service. Always seek the advice of a qualified healthcare professional with questions about a medical condition. If you think you may have a medical emergency, call 911 or your local emergency number.
Other terms that apply
Your use of the App and the Rymeda service is also governed by our Terms of Service and our Privacy Policy, which are incorporated into this EULA by reference. Please read them. They explain what Rymeda is and is not, how the Rymeda Community and ORIS work, how we handle your information, and your rights and choices.
Governing law and your consumer rights
This Agreement is governed by the law of the State of Delaware, USA, without regard to its conflict-of-laws rules, consistent with our Terms of Service.
Nothing in this Agreement removes or limits any rights you have as a consumer under the mandatory laws of your country of residence that cannot be waived by agreement. If you are a consumer in the EEA or UK, you may also have the right to bring proceedings in your local courts.
Contact
For questions about this EULA, email legal@rymeda.com. For privacy questions, email privacy@rymeda.com. You can also visit our contact page.
