LiviPod™ Terms of Use — Beta Program
Effective Date: August 26, 2025
Provider: Innovative Dispensing II, LLC (“LiviPod™”, “we”, “us”, “our”)
Jurisdiction: State of Florida, USA
1. Eligibility & Acceptance
You must be at least 18 years old to use the LiviPod™ device, LiviPod™ App, and related services, or to participate in the beta program. By using any part of the LiviPod™ System, you accept these Terms of Use and agree to the Privacy Policy.
2. Beta Status — Not a Medical Device
The LiviPod™ System is a pre-release (beta) product provided for testing and evaluation only. It is not a medical device, does not provide medical advice, diagnosis, or treatment, and must not be used for emergency, life-sustaining, or safety-critical applications. All medication/supplement decisions remain your sole responsibility.
3. Device Ownership, Return & Payment
Beta hardware is provided free of charge for the beta period. At the end of beta (or upon request), you must either return all devices/accessories using provided instructions or pay to retain ownership. Failure to return or pay authorizes us to charge the full retail price to your account. Title transfers only after full payment.
4. License & Prohibited Conduct
You are granted a limited, revocable, non-exclusive, non-transferable license to use the LiviPod™ System as permitted by these Terms.
You may not reverse engineer, decompile, disassemble, tamper with, copy, resell, or modify any LiviPod™ hardware/app/software; use outside the intended beta function; or publish benchmarks/tests without written consent.
5. User Responsibilities
- Follow all instructions and warnings.
- Independently monitor regimens, verify every dispensed dose, and consult healthcare providers as needed.
- Ensure accuracy of app/device inputs and settings.
- Promptly report all issues/malfunctions to us.
- Maintain credential confidentiality and restrict access to authorized users only.
- Do not rely solely on LiviPod™ for medication management; you accept full responsibility for consequences of use or misuse.
6. Feedback; IP & Ownership
All feedback, ideas, suggestions, or improvements become the exclusive property of Company, with a perpetual, royalty-free, worldwide right to use without attribution or compensation. All software, firmware, analytics, and de-identified data derivatives are owned by Company and its licensors.
7. Beta Program; Suspension, Termination, Updates, Recall
Beta participation, device/app access, and support are provided at our discretion and may be modified, limited, or terminated at any time. We may suspend/terminate access, push mandatory updates, throttle features, require return/disposal, or recall hardware/software for safety, legal, or technical reasons.
8. Warranty Disclaimers
The LiviPod™ System is provided “AS IS” and “AS AVAILABLE” — with no warranty express or implied, including merchantability, fitness, non-infringement, accuracy, or reliability. Use is solely at your risk. We do not warrant the System will be error-free, uninterrupted, or fit your requirements.
9. Limitation of Liability
To the maximum extent permitted by law, our liability for claims regarding the LiviPod™ System is limited to the amount you paid in the last 12 months, or $100 if beta was free. We are not liable for indirect, incidental, consequential, punitive, enhanced, or special damages (including lost profits, data, injury, or substitute goods/services), even if advised of the possibility, or if a remedy fails of its essential purpose.
10. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, employees, and agents from all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from or related to: use or misuse of the LiviPod™ System, breach of these Terms, inaccurate/unlawful data input, unauthorized modification, violation of law or rights, or actions of caregivers/linked users you designate.
11. Medical, FDA & HIPAA Disclaimer; Caregiver Authorization
LiviPod™ is not FDA-approved or cleared. We are not a HIPAA covered entity or business associate unless a separate agreement is in place. By designating caregivers or linked users, you consent to their access and agree to indemnify us for claims arising from sharing or disputes.
12. Arbitration; Class/Representative Actions; Governing Law
All disputes must be resolved exclusively by binding individual arbitration under the Federal Arbitration Act and JAMS/AAA rules, before a single arbitrator seated in Florida, unless prohibited by law.
No class, collective, or representative actions; individual relief only.
You may opt out of arbitration within 30 days of first acceptance (see Privacy Policy for address and process).
Exclusive venue for court actions is state or federal courts in Martin County, Florida; all parties consent to personal jurisdiction; jury trial rights are waived.
This Agreement is governed by Florida law.
13. Export, Force Majeure, Severability
Use and access are subject to U.S. export laws. We are not liable for events outside our control (natural disasters, outages, war, etc.). If any part of these Terms is unenforceable, the remainder stays in effect. Certain provisions (limitation of liability, assumption of risk, arbitration, indemnity, IP, survival, feedback) survive expiration/termination.
14. Modifications & Policy Updates
We may update these Terms at any time; material changes will be communicated in-app or via email and may require new consent. Continued use after changes constitutes acceptance.
15. Contact
For questions or requests: contact@LiviPods.com