Terms and Conditions

Last updated: March 3, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://tellihealth.com website (the “Service”) operated by Telli Health LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Telli Health LLC and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Telli Health LLC.

Telli Health LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Telli Health LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Medical Device

The equipment provided by or on behalf of Telli Health LLC and/or any individual associated with Telli Health LLC to the individual, organization or entity purchasing equipment from this site is identified below as (“Recipient”) including but not limited to Blood Pressure, Glucometers, Pulse Oximeters, and weight scale. such equipment (the “Equipment”) is intended solely for use in connection with in home medical use and should not be used as replacements for conventional Physician oversight

By purchasing the Equipment you agree to this Release, Waiver of Liability, Defense, Indemnification and
Hold Harmless Agreement (“Agreement”) is meant to reflect the fact thatTelli Health LLC offers the Equipment as experimental devices WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND and by its use of the Equipment, the Recipient understands, accepts and agrees to same and as follows:

• The Equipment is provided by Telli Health LLC“AS IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, including express or implied warranties of
merchantability or fitness for a particular purpose, or that the use of these technologies will not infringe any patent, copyright, trademark, or other proprietary
rights;
• The Equipment furnished by Telli Health LLC is not intended, and shall not be used, for commercial use;
• Any information provided by Telli Health LLC is not intended to be relied upon to protect from, diagnose, or treat a health problem or disease, and Telli Health LLC makes no claims regarding the design or the components of the Equipment;
• Any statements made by Telli Health LLC are for informational purposes only and are not meant to
replace the services or recommendations of a physician or other qualified health care
practitioner; and
• The potential risks of the use of the Equipment (including, but not limited to, injury or death of individuals using the Equipment or exposed to individuals using the
Equipment) and expressly assumes such risks and all related liability and expense resulting therefrom.

Limitation of Liability: Telli Health LLC does not assume any liability and has no responsibility for and Recipient agrees that Telli Health LLC will not be liable for any damages of any kind whether direct, indirect, incidental, special, exemplary, or consequential damages arising out of the use of the Equipment or inability to use the Equipment whether or not Telli Health LLC has been advised of the possibility of any such liability or damages regardless of the basis of the claim or theory of liability including, but not limited to, negligence, product liability, strict liability, failure to warn, warranty, or contract.

Release: The Recipient releases and forever discharges Telli Health LLC and its officers, members, representatives, agents, employees, contractors, attorneys, successors and assigns, from any and all liabilities, losses, damages, costs and expenses (including, but not limited to, fees and charges of attorneys and court and arbitration costs) of any kind and nature
whatsoever, known and unknown, that Recipient may suffer arising out of the use of the Equipment or the inability to use the Equipment.

Indemnification: To the fullest extent permitted by law, the Recipient agrees to defend, indemnify and hold Telli Health LLC and its officers, members, representatives, agents, employees, contractors, attorneys, successors and assigns harmless from and against any and all claims, demands, actions, right of action (at law or in equity) because of any injury
(including death) or damage to person or property arising out of Recipient’s use of the Equipment or the inability to use the Equipment including, but not limited to, any
negligent act or omission of Telli Health LLC.

The Recipient acknowledges that this Agreement is governed by the laws of the state of Florida (without reference to its conflict of law provisions) and the parties intend that
this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding. By purchasing and accepting the Equipment, the represents (and acknowledges that Telli Health LLC will rely upon the representations in providing the Equipment) that he/she has carefully read the foregoing provisions, understands their contents, agrees with and to each and every provision, and that he/she is duly authorized to enter into, execute and deliver this Agreement on behalf of and bind Recipient to the terms hereof.

Annual Connection Subscription

By purchasing an Annual Connection Subscription, you agree to a 1-year free trial per device purchased. After one year and annually thereafter, you will be billed a recurring Annual Connection Subscription renewal fee at the then-current Annual Connection Subscription rate of $24 per device (subject to change). You may cancel your Annual Connection Subscription anytime before the next billing cycle.  There are no pro-rated returns if you cancel your Annual Connection Subscription before the end of the next billing cycle.

AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Connection Subscription renewal fee after your free trial period ends.

To cancel one or more Annual Connection Subscriptions, please contact support@tellihealth.com.

Contact Us

If you have any questions about these Terms, please contact us.