Terms of Service
1. Acceptance of Terms
By accessing or using the Tokaido Health website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.
These Terms constitute a legally binding agreement between you and Tokaido Health, Inc. ("Tokaido Health," "we," "us," or "our").
2. Description of Services
Our Services are not a substitute for professional medical advice, diagnosis, or treatment. Always consult with your physician or other qualified healthcare provider before making any changes to your medications.
3. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. Account Registration
To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. User Responsibilities
When using our Services, you agree to use the Services only for lawful purposes and in accordance with these Terms; not share your account credentials with others; not attempt to gain unauthorized access to our systems or other users' accounts; not use the Services to transmit any harmful, threatening, or unlawful content; and not interfere with or disrupt the integrity or performance of the Services.
6. Healthcare Disclaimer
Tokaido Health is not a healthcare provider. The information and recommendations provided through our Services are for informational purposes only and are not intended to replace the relationship between you and your healthcare providers.
7. Third-Party Services and Relationships
Our Services may involve coordination with third parties. We are not responsible for the acts or omissions of these third parties. Your interactions with third parties, including any purchases or transactions, are solely between you and the third party.
8. Intellectual Property
All content, features, and functionality of our Services, including text, graphics, logos, icons, images, and software, are the exclusive property of Tokaido Health or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
9. Privacy
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
10. Fees and Payment
Certain features of our Services may require payment. If you access paid features, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable except as expressly stated otherwise or as required by applicable law.
11. Termination
We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. You may terminate your account at any time by contacting us at contact@tokaidohealth.com.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any information provided through the Services, including medication pricing information.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TOKAIDO HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Tokaido Health and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.
15. Dispute Resolution
Arbitration Agreement: You and Tokaido Health agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.
Class Action Waiver: You and Tokaido Health agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
16. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Effective Date" above. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
17. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tokaido Health regarding your use of the Services.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
18. Contact Information
If you have any questions about these Terms, please contact us at contact@tokaidohealth.com.