End User License Agreement

This End User License Agreement (“EULA”) is a contract between you (“you” or “your”) and Pressley Ridge (“Pressley Ridge”, “we”, “us”, or “our”) and sets forth the terms and conditions governing your access to and use, and Pressley Ridge’s provision, of the caregiver mobile phone application (“Caregiver App” or “App”).

YOU HEREBY AGREE TO BE BOUND BY THIS EULA, AS IT MAY BE AMENDED, BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP AND/OR BY CLICKING CONTINUE OR ACCEPT. This EULA includes legal terms and conditions that limit your rights and Pressley Ridge’s responsibility and liability to you. You should read and review each of the terms and conditions of this EULA carefully and retain a copy for your records.

You must be at least 18 years of age to access or use the App. By downloading, installing, accessing, or using the App and/or by clicking continue or accept, you hereby represent and affirm to Pressley Ridge that you are 18 years of age and have the legal capacity to assent to this EULA, and you acknowledge and agree that you have reviewed and accept this EULA. By accepting this EULA, you also agree to receive communications electronically, as further described herein.

If you do not agree to this EULA, you may not use the App.

1. Grant of License.

  1. Subject to your compliance with this EULA, Pressley Ridge grants you a limited, revokable, non-exclusive, non-sublicensable, and non-transferable license to download the App on a mobile device that you own or control and to use the App for your personal use.
  2. The license to use the App includes the right to use the features specified in the EULA and its related documentation and media. The license to use the App governs any new versions, updates, or upgrades of the App provided by Pressley Ridge that replace, repair, and/or supplement the App, unless a separate license is provided for such new version, update, or upgrade, in which case the terms and conditions of that new license will govern.
  3. The App is licensed, not sold, and Pressley Ridge and its licensors reserve all rights not expressly granted to you. Pressley Ridge owns all Intellectual Property Rights (as defined below) in the App and its related documentation and media. You shall not obtain any Intellectual Property Rights or any other rights in the App or any of the foregoing, except for the limited license specifically stated in this EULA.
  4. “Intellectual Property Rights” includes all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

2. The App and Your Obligations.

  1. The App assists parents and caregivers supporting children by providing informational materials. The App may be used as a guide to assist with general questions you may have. The App does not provide, and you must not access or use it to make, healthcare decisions, medical diagnosis, patient care, therapy, mental health, or other medical guidance.
  2. You are solely responsible for all information and materials that you submit to the App and all decisions and actions. You are solely responsible for evaluating and using the information, materials, or other output provided by the App to ensure that it is accurate and complete and meets the specific needs of your intended use or situation. It is entirely your decision to use the App and any such information, materials, or output, and you assume all risks associated therewith. You should not rely on any information, materials, or other output provided by the App without independently confirming their accuracy and completeness and that they meet the specific needs of your intended use or situation.
  3. You are responsible for keeping all Pressley Ridge information accessed while using the App private and confidential. You are also responsible for keeping your account and username and password used to access the App private and confidential. You shall immediately notify Pressley Ridge of any disclosure of such information, username, or password.
  4. The App does not provide medical, legal, or other professional advice, and any information, materials, or other output from the App does not constitute any such advice. You are solely responsible for consulting medical, legal, or other applicable professionals before making any decisions or taking any actions.

3. Restrictions on Use.

You may not:

  1. provide access to or use of the App to any other person or entity;
  2. copy, modify, distribute, sublicense, or resell the App without Pressley Ridge’s prior written consent;
  3. decompile, reverse engineer, disassemble, or otherwise reduce the App to human-readable form;
  4. access or use the App to develop any products or services that compete with the App, including to develop or train any artificial intelligence or machine learning algorithms, models, or technology;
  5. access or use the App to crawl, scrape, or otherwise harvest data or information from the App other than as permitted under this EULA;
  6. access or use the App in any manner that violates applicable laws or regulations;
  7. access or use the App to obtain unauthorized access to any system or information, or to deceive any person;
  8. infringe, misappropriate, or violate Pressley Ridge’s or any third party’s Intellectual Property Rights or other proprietary, contractual, legal, or privacy rights in your access to or use of the App;
  9. access or use the App in any manner that harms, interferes with, or disrupts the App, including by introducing viruses or malware, or bypassing any security or other protective measures; or
  10. engage in any conduct that restricts or inhibits any person from using the App, or that exposes Pressley Ridge, the App, or any users or third parties to any liability, damages, security or other risks of any type, including reputational harms.

4. Restrictions on Content.

  1. You may not enter personal information of any minor child or Protected Health Information (“PHI”), as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), into the App, and the App does not require and is not intended to be used to receive, collect, process, or store such information. You shall immediately notify Pressley Ridge of any inadvertent disclosure of such information to the App.
  2. Pressley Ridge maintains a zero-tolerance policy regarding child sexual abuse and exploitation. You are strictly prohibited from creating, uploading, sharing, or distributing any information that involves or promotes this abuse or exploitation, including but not limited to child sexual abuse material. Any violations of this Section 4(b) will result in immediate termination of your account, removal of the content, and reporting to the appropriate authorities.

5. Privacy and Data Usage.

  1. Pressley Ridge respects privacy and complies with applicable data protection laws. Our Privacy Policy is available at: https://www.pressleyridge.org/privacy-policy/ and describes how we collect, store, use, and share personal and health-related information provided by you in connection with your use of the App. You acknowledge and agree that you have reviewed the Privacy Policy and accept the terms of the Privacy Policy.
  2. Only authorized Pressley Ridge personnel or contractors, including IT administrators and designated support, shall have access to personal and health-related information or data stored through the App. All access is logged and monitored in accordance with Pressley Ridge’s internal data security policies and procedures and the Privacy Policy.
  3. Pressley Ridge will not sell your personal information and uses your information and user data to support the App’s functionality, improve the App and the services, comply with legal obligations, provide support, and as described herein and in the Privacy Policy. Health-related information processed by the App is handled securely and in accordance with applicable laws and regulations.

6. Artificial Intelligence.

The App may use artificial intelligence or machine learning technology (“AI”) and/or automated systems, including to generate responses, suggestions, or other informational, materials, or outputs (“AI-Generated Content”). You acknowledge that:

  1. Information that you submit to the App may be used to train, improve, and/or enhance the AI. You hereby consent to Pressley Ridge training, improving, or enhancing the AI with the information that you submit to the App.
  2. AI-Generated Content may be inaccurate, incomplete, incorrect, outdated, or not suitable for your specific use or situation. The App’s AI components generate content based on patterns and data and may produce results that are inaccurate, incomplete, incorrect, outdated, or not suitable for your specific use or situation.
  3. Pressley Ridge does not control or guarantee the accuracy of AI-Generated Content. While we strive to improve the quality of results, AI-Generated Content is generated autonomously and may not reflect our views, intentions, or advice. Pressley Ridge makes no representations or warranties regarding the accuracy, reliability, completeness, usefulness, or fitness for a particular purpose of any AI-Generated Content.
  4. AI-Generated Content is not professional advice. The App does not provide medical, legal, or other professional advice. AI-Generated Content does not constitute any such advice. You should not rely solely on AI-Generated Content when making decisions or taking any actions and should consult qualified professionals when needed.
  5. You are responsible for reviewing AI-Generated Content. You are solely responsible for evaluating and using AI-Generated Content provided by the App to ensure that it is accurate and complete and meets the specific needs of your intended use or situation. It is entirely your decision to use the App and any such AI-Generated Content, and you assume all risks associated therewith.
  6. AI-Generated Content Disclaimer. The AI-Generated Content is provided on an “as-is” basis. To the maximum extent permitted by applicable law, Pressley Ridge hereby disclaims and does not make any representations or warranties of any kind, including all warranties of merchantability, quality, fitness for a particular purpose, or non-infringement. Pressley Ridge does not represent or warrant that the AI-Generated Content will be accurate, complete, correct, error-free, or suitable for your specific use or situation.

7. Maintenance and Support.

  1. Pressley Ridge will use reasonable efforts to maintain the App and to respond to your periodic support requests; provided, that Pressley Ridge does not make any commitments or guarantees with respect to the resolution of any defects, bugs, or errors, or responding to or resolving support requests, including within any specified period of time.
  2. Pressley Ridge may make changes to the App, including adding, removing, or exchanging features or functionality, in its sole discretion, at any time and without notice.

8. LIMITATIONS OF LIABILITY AND DISCLAIMERS.

  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRESSLEY RIDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF THE APP OR ARISING UNDER OR IN CONNECTION WITH THIS EULA, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF PRESSLEY RIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. PRESSLEY RIDGE PROVIDES THE APP ON “AS IS” AND “AS AND WHEN AVAILABLE” BASES, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. Pressley Ridge does not warrant that the App will be uninterrupted, secure, or error‑free, that defects, bugs, or errors will be corrected, that the App is free of viruses or other harmful components, or that the information, materials, output, or AI‑Generated Content will be accurate, complete, or reliable.
  3. The App is intended to be used only as a guide to assist with general questions you may have. The App is not intended to treat or diagnose any medical issues or emotional issues or issues related to abuse or neglect. In addition, the App is not intended to supersede, supplement, or provide medical, legal, or other professional advice. If you have any concerns related to medical, emotional, or abuse and neglect related issues, you should immediately contact your administrative organization, healthcare provider(s), and/or the appropriate legal authorities, and/or the appropriate state or local agencies.

9. Indemnification.

You agree to defend, indemnify, and hold Pressley Ridge harmless from and against any and all claims, damages, losses, liabilities, obligations, fines, penalties, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees) arising or resulting from:

  1. your access to or use of the App, including any information, materials, or other content submitted via your account and/or your use of any information, materials, or other output provided by the App and any decision or actions;
  2. your breach of any term or condition of this EULA;
  3. your violation of Pressley Ridge’s or any third party’s Intellectual Property Rights or other proprietary, contractual, legal, or privacy rights;
  4. your violation of any applicable law or regulation;
  5. your negligence or willful misconduct; or
  6. any other person or entity’s access to or use of the App with your account, username, password, and/or other security code.

10. Termination.

  1. Pressley Ridge may, in its sole discretion and without notice, discontinue its provision of the App at any time without any liability to you.
  2. Pressley Ridge may, for any reason or for no reason, and without notice, terminate this EULA or suspend your access to the App at any time without any liability to you.
  3. Upon termination of this EULA, you shall stop all use of the App and delete all copies, full or partial, of the App.
  4. Sections that by their nature should survive termination will survive, including Sections 1(c), 5, 6, 8, 9, 10, and 11 through 15.

11. Third-Party Terms.

  1. Your use of the App may be subject to the terms of the platform from which you downloaded the App (e.g., Apple App Store or Google Play), and you must comply with all such third‑party terms.
  2. Without limiting Section 11(a), you acknowledge and agree that this EULA is between you and Pressley Ridge, and not Apple or its subsidiaries (“Apple”). You acknowledge and agree that Apple is a third party beneficiary of this EULA. Upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary.
  3. Without limiting Section 11(a), if you downloaded the App from the Google Play: (i) you acknowledge and agree that this EULA is between you and Pressley Ridge, and not Google Inc. or its subsidiaries (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Pressley Ridge, and not Google, is solely responsible for the App; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this EULA; and (vi) you acknowledge and agree that Google is a third party beneficiary of this EULA as it relates to Google-Sourced Software.

12. Electronic Communications Consent.

We may send you notices, disclosures, and other communications electronically, including within or through the App, or to the contact information you provide. You consent to receive such notices, disclosures, and communications in electronic form, including via the App, and agree that they satisfy any notice requirements under this EULA and any legal requirement that such communications be in writing.

13. Pressley Ridge Contact Information.

  1. For general inquiries, questions, communications, or notices concerning the App, please contact:

    Pressley Ridge
    ATTN: CAREGIVER APP
    5500 Corporate Drive, Suite 400
    Pittsburgh, PA 15237
    (412) 872-9400
    info@pressleyridge.org
  2. To report content that may involve child sexual abuse or exploitation or any content in the App that may be of a concerning nature, please contact us immediately at the address above. Reports will be handled with strict confidentiality, and we will cooperate fully with law enforcement.
  3. Please contact us with any questions regarding this EULA. Please note that email communications will not necessarily be secure; accordingly, you should not include sensitive information in your email correspondence with us.

14. Governing Law and Jurisdiction.

This EULA is governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Any dispute between parties (whether contractual or non-contractual) arising under or in connection with this EULA that cannot be solved amicably shall be submitted and subject to the exclusive jurisdiction of the state or federal courts in Allegheny County, Pennsylvania.

15. Miscellaneous.

  1. You may not assign or transfer this EULA or any rights or obligations hereunder without Pressley Ridge’s prior written consent. Any attempted assignment in violation of the foregoing is void. Pressley Ridge may assign or transfer this EULA without notice or restriction.
  2. Pressley Ridge shall be excused from the performance of any of its obligations under this EULA to the extent caused by circumstances beyond Pressley Ridge’s reasonable control, including, but not limited to, strikes, lockouts, public regulations, war, terrorism, pandemics, water damage, trade restrictions, virus or hacker attacks, illness or deaths of key employees, IT failures, telecommunications malfunctions, fire, electricity breach, power failure, flooding, lightning strike, or abnormal weather conditions.
  3. No agency, partnership, joint venture, or employment relationship is created by this EULA.
  4. Failure to enforce any right or term or condition under this EULA is not a waiver.
  5. If any of the terms of this EULA should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
  6. This EULA constitutes the entire agreement between you and Pressley Ridge regarding the App and supersedes all prior or contemporaneous agreements on the same subject.
  7. Pressley Ridge may modify, update, or amend this EULA at any time and without your consent. You will be alerted to modifications, updates, and/or amendments to the EULA, which may include making such modifications, updates, and/or amendments available on the App or via notification on the App. Notwithstanding the foregoing, you should routinely review the EULA to ensure that you are fully aware of the terms of the EULA each and every time you access or use the App. If you do not agree to any modifications, updates, or amendments, you may not use the App.