Terms of Service

1. Introduction

Welcome to Drive Health, a health coaching and adherence platform powered by Avery, an AI caregiver. These Terms of Service (“Terms”) govern your use of the Drive Health service, including the mobile and web application and any related features (collectively, the “Platform”). The Platform is provided by RPM-One Inc., doing business as Drive Health, a Delaware corporation. The purpose of these Terms is to clearly outline the rights and responsibilities of users and the Platform owners, including acceptable use policies, disclaimers, and other important guidelines to protect both you and the Company. By accessing or using the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

Eligibility: You must be at least 18 years old to use the Platform. The Platform is not intended for individuals under the age of 18. By using Drive Health, you represent that you are at least 18 years old. The Platform is intended for users located in the United States, and use outside the U.S. is at your own risk (you are responsible for complying with local laws).

2. User Rights

As a user of Drive Health, you have the right to:

Access and Use the Platform: You have the right to access and use the Platform and its services for their intended purpose – namely, to receive health coaching, educational information, medication reminders, and other support features offered by Avery and Drive Health, in accordance with these Terms.
Quality Service: You have the right to a safe and respectful experience. Drive Health will strive to provide a reliable, user-friendly service. You can expect that we will maintain the Platform with reasonable care, keep it up-to-date, and address technical issues that arise in a timely manner.
Privacy and Data Protection: You have the right to have your personal information handled in compliance with our Privacy Policy and applicable laws. Your data (including personal details and health information) will be collected, used, and shared only as described in the Privacy Policy, and you have rights regarding your data (such as accessing or deleting your information as permitted by law). We are committed to safeguarding your information through appropriate security measures.
Control of Your Data: You retain ownership and control over the personal information and content you provide to the Platform. We do not claim ownership of your personal health data. You have the right to correct or update your information and to request deletion of your account or data (subject to legal requirements – for example, we may need to retain certain records if required by law or for legitimate business purposes).
Informed of Changes: You have the right to be informed about important changes to these Terms or to our Privacy Policy. We will notify you (through the app, website, or email) of any significant updates, as described in Section 11.
Terminate Use: You have the right to stop using the Platform at any time. If you choose to discontinue use, you may request deletion of your account and personal data as outlined in our Privacy Policy. There is no long-term obligation to continue using Drive Health, and you may withdraw from the service without penalty (however, if your use of Drive Health is provided through a healthcare provider or employer, you should also inform them if you decide to stop using the service).

3. User Responsibilities

By using Drive Health, you acknowledge and agree that you are solely responsible for the following:

Provide Accurate Information: You must ensure that all information you provide to Drive Health is true, accurate, and kept up-to-date. This includes personal details (such as your name, date of birth, and contact information) as well as any health-related information you input (such as medications, symptoms, or data for reminders or coaching). Providing accurate and current information is crucial for receiving appropriate and relevant guidance from the Platform. If any of your information changes, you are responsible for updating it promptly. Drive Health is not responsible for any consequences that result from you providing false, incomplete, or outdated information.
Personal Use Only: You agree to use Drive Health solely for your own personal health management and wellness purposes. You must not use the Platform for any commercial endeavors – for example, you may not use it to advertise or sell products – nor for any purpose other than your individual healthcare support. If your access to Drive Health is provided as part of a program by your healthcare provider or another organization, you must use the Platform only as permitted by that program’s rules and in accordance with these Terms. Any unauthorized or improper use of Drive Health (such as using it for commercial or other unintended purposes) is strictly prohibited and will be at your own risk. Drive Health is not responsible for any consequences arising from such misuse of the Platform.
Follow Medical Advice: Drive Health is not a medical provider and does not offer medical diagnoses or treatment (see the Disclaimers section below for details). You remain fully responsible for your own health decisions and should always follow the advice of qualified healthcare professionals. Any information provided by Drive Health should be used only as supplemental support for your well-being, not as a substitute for professional medical advice or treatment. Never ignore or delay seeking advice from a doctor because of something you read or receive through the Platform. Always continue consulting your physician or other healthcare providers for any medical issues or questions. Drive Health is not responsible for any harm or adverse outcomes caused by your reliance on the Platform instead of seeking proper medical care from a professional.
No Emergency Use: Drive Health (including its virtual assistant, Avery) is not designed or intended for use in medical emergencies or other urgent situations. You must never rely on the Platform or on Avery in a crisis or life-threatening condition. If you experience a medical emergency or a serious health issue, call 911 or seek immediate medical attention – do not use Drive Health as a source of emergency help. The Platform does not provide real-time emergency monitoring or emergency response services. Drive Health is not responsible for any outcome if you attempt to use the Platform for emergency or urgent care purposes.
Account Security: You are solely responsible for maintaining the confidentiality of your Drive Health account credentials (such as your login and password) and for all activities that occur under your account. You must not share your account or password with anyone, and you should use a strong, secure password to protect your account. If you suspect that someone has gained unauthorized access to your account, you must notify us immediately. Drive Health is not liable for any loss or damage resulting from your failure to protect your account credentials or from unauthorized access to your account.
Proper Use of Features: You are responsible for using the Platform’s features (such as medication reminders, scheduling tools, or the chat with Avery) only as intended and for their designated purposes. For example, if you use the medication reminder feature, you should verify that you receive the reminders and not rely solely on the app to remember to take your medications. Likewise, if you use any interactive features or communicate with health coaches or the Avery AI assistant, you must do so in a respectful and lawful manner. Misusing the Platform’s features or using them for purposes other than their intended use is a violation of these Terms and is solely your responsibility. Drive Health is not responsible for any issues or harm that result from you improperly using the Platform’s tools or features.
Device and Connectivity: You are responsible for using a compatible device and maintaining an internet or mobile data connection to access Drive Health. Any data or mobile charges incurred while using the Platform are your responsibility. Drive Health is not responsible for any costs you incur or for any connectivity issues arising from your telecommunications provider or internet service. You are also responsible for keeping your device’s operating system and the Drive Health app up to date to ensure the Platform functions properly. Drive Health will not be responsible if the Platform fails to work correctly because you have not maintained a compatible device, kept the app updated, or provided a stable network connection.
Compliance with Laws: You must use Drive Health in compliance with all applicable laws and regulations. This includes, without limitation, healthcare and medical device regulations, privacy and data protection laws, and any other local, state, or federal laws relevant to your use of the Platform. If you are using Drive Health at the direction of a healthcare provider or as part of an organized program, you are also responsible for following your provider’s instructions and any agreement or consent you have with that provider regarding the use of this Platform. Do not use Drive Health in any way that violates any law or regulation. Any illegal or unauthorized use of the Platform is strictly prohibited and is your responsibility. Drive Health is not responsible for any consequences that result from your violation of laws or regulations in connection with your use of the Platform.
Respectful Conduct: You are expected to interact with the Platform and with any Drive Health personnel (such as customer support or health coaches) in a respectful, lawful, and appropriate manner. Harassing, threatening, or abusive behavior will not be tolerated. This expectation applies to all forms of communication through Drive Health. For example, if the Platform offers a chat or messaging feature with Avery (the AI assistant) or with human staff, you must not use profanity, hate speech, or any other offensive or inappropriate content. You are solely responsible for any content or messages you input into the Platform, and you agree that your submissions will be lawful, respectful, and will not infringe on the rights of others (for instance, you must not input content that is defamatory, violent, hateful, or otherwise objectionable). Drive Health is not responsible for the content you provide or any effects it may cause; however, we reserve the right to take appropriate action – such as removing content or suspending your access – if you engage in prohibited conduct or violate these Terms.
Consequences of Breach: If you violate any of the above responsibilities or any other provision of these Terms, you will be held accountable for your actions. This means you may be liable for any harm, loss, or legal claims that result from your misuse of the Platform, including damage to Drive Health or to other users. In serious cases of violation, Drive Health reserves the right to suspend or terminate your access to the Platform, as described in Section 7 of these Terms. Drive Health will not be responsible for any consequences arising from your breach of these Terms. All resulting liability, losses, or damages stemming from your actions rest entirely with you.

4. Acceptable Use Policies

When using Drive Health, you agree to adhere to the following acceptable use policies to maintain a safe and lawful environment:

Lawful Purposes Only: You may only use the Platform for lawful purposes. You agree not to use Drive Health for any activity that is illegal, fraudulent, or that infringes on anyone’s rights. This includes (but is not limited to) not using the Platform to violate privacy laws, not attempting to obtain unauthorized health information about others, and not using the service in connection with any unlawful conduct.
No Unauthorized Access or Interference: You must not attempt to access any system, data, or information that you are not authorized to access. This means you will not try to hack, bypass, or circumvent any security or authentication measures on the Platform. Additionally, you agree not to probe, scan, or test the vulnerability of our systems, and not to interfere with or disrupt the integrity or performance of the Platform. Examples of prohibited conduct include attempting to introduce viruses or malware, launching any form of denial-of-service attack, or attempting to reverse engineer or extract the source code of the software.
No Misrepresentation or Impersonation: You agree not to misrepresent your identity or affiliation while using the Platform. Do not create accounts using false information, pretend to be another person, or falsely imply you are associated with Drive Health or RPM-One Inc. If the Platform requires identity verification (for example, if your healthcare provider invites you to use it), you must use your own identity and provide any required credentials truthfully.
No Improper Content: You must not upload, share, or transmit any content through the Platform that is defamatory, obscene, harassing, hateful, or otherwise objectionable. This includes any content that is sexually explicit, promotes violence or discrimination, or is unlawful in any way. Drive Health is not a platform for posting content publicly (the interactions are generally between you and the Platform or its authorized users), but to the extent you can send messages or provide information, you must ensure your content is appropriate.
Respect Privacy and Intellectual Property: Do not use the Platform to violate anyone else’s privacy or intellectual property rights. For example, you should not upload or share personal information about another person without their consent. You also should not use Drive Health to distribute material that you do not have the right to share or that infringes copyrights, trademarks, or other proprietary rights of any party.
No Commercial Use or Spam: The Platform is intended for personal health use, not for commercial solicitation. You agree not to use Drive Health to send any unauthorized or unsolicited advertising, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation. Likewise, you must not use any communication channels on the Platform to promote commercial services or products to other users.
Usage Limits and Monitoring: You agree to use the Platform within any usage limits (for example, rate limits on requests or messages) that we may establish to ensure stable service for all users. We reserve the right to monitor usage for security and compliance purposes. Any use that excessively burdens our network or infrastructure, or that attempts to manipulate the Platform’s functionality, is strictly prohibited.
Third-Party Integrations: If the Platform integrates with any third-party devices or services (for example, health trackers or calendars), you must comply with the third-party terms for those services as well. You also agree not to misuse any integration by attempting to extract data in unauthorized ways or by using the third-party service in violation of its rules via our Platform.
Consequences for Unacceptable Use: Violation of these Acceptable Use Policies may result in immediate suspension or termination of your access to the Platform (as detailed in Section 7). Serious violations may also be reported to law enforcement authorities if they involve criminal activity. We reserve the right to take appropriate legal action for misuse of the Platform.

5. Intellectual Property Rights

All content, features, and technology provided through the Drive Health Platform are protected by intellectual property rights. It’s important to understand what you can and cannot do with this material:

Ownership of the Platform: The Platform (including all software, code, text, graphics, logos, trademarks, videos, sounds, and other content provided by Drive Health) is the property of RPM-One Inc. (Drive Health) or its licensors. This includes the “Avery” AI system and all associated intellectual property. All rights, title, and interest in and to the Platform are owned by the Company. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Drive Health and Avery are trademarks or service marks of RPM-One Inc. You do not acquire any ownership rights in the Platform by using it.
Limited License to Users: Drive Health grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content for your personal, non-commercial use, strictly in accordance with these Terms. This license allows you to benefit from the services (such as viewing educational content, receiving coaching and reminders, and interacting with Avery) but does not permit you to reproduce, distribute, or create derivative works from our content. Any rights not expressly granted to you in these Terms are reserved by the Company.
Restrictions on Use of Content: You agree not to do any of the following with the Platform or its content: (a) Copy or Distribution: You will not copy, reproduce, download, or distribute any part of the Platform’s content or software, except as may be explicitly allowed (for example, downloading a copy of the mobile app from an official app store is permitted for use). (b) Modification or Derivative Works: You will not modify, translate, adapt, or create derivative works based on the Platform. (c) Reverse Engineering: You will not reverse engineer, decompile, or attempt to extract the source code of any software or technology used in the Platform (except to the limited extent that applicable law expressly permits such activity notwithstanding this limitation). (d) Resale or Commercial Use: You will not sell, rent, lease, or otherwise commercialize the Platform or any content or data from it.
User-Provided Content: In general, Drive Health is a platform where you input personal health information and interact with our AI and tools; it is not a public forum for posting content. However, any content you do provide (for example: feedback, suggestions, or other communications to us; or any data such as messages you send through the Platform) remains owned by you or its original owner. By providing content or information to the Platform, you grant Drive Health a license to use, process, and transmit that content as needed to provide the service to you, to operate and improve our services, and as otherwise permitted by our Privacy Policy. For instance, if you provide feedback or suggestions on the service, you agree that we may use and implement those ideas without compensation to you. We will handle personal data in accordance with the Privacy Policy, but from an intellectual property standpoint, you give us permission to use what you input solely for the purposes of running and enhancing the service.
Trademarks and Branding: All trademarks, logos, and service names used on the Platform (such as “Drive Health”, “RPM-One Inc.”, “Avery” and associated logos) are proprietary to the Company or its partners. You may not use these trademarks or branding elements without our prior written consent. This means you can’t use Drive Health’s name or logo in a way that confuses others or implies any endorsement by or affiliation with us (for example, you cannot use our logo as your own or as part of any promotional materials unrelated to Drive Health).
Third-Party Content: If the Platform displays or links to any content belonging to third parties (for example, a health article or a third-party tool integrated within the app), all intellectual property rights in that content belong to the respective third-party owners. Such content is provided for your convenience and information. You must abide by any terms provided by those third parties. Drive Health is not responsible for any third-party content or your use of it beyond our integration.
Protection of Our Rights: You agree not to remove, obscure, or alter any copyright notices, trademark notices, or other protective markings on the Platform. If you suspect any infringement of Drive Health’s intellectual property (for example, someone copying the app or content unlawfully), or if you believe your own intellectual property rights are being violated on the Platform, please notify us through the contact information in Section 12. We take intellectual property rights seriously and will address concerns appropriately (including by removing infringing content or terminating accounts of repeat infringers, in accordance with the Digital Millennium Copyright Act and other applicable laws).

6. Privacy Policy

Your privacy is very important to us. Our data practices are described in detail in our Drive Health Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you agree to the collection, use, and sharing of your information as described in the Privacy Policy. Here is a summary of key points regarding how we handle your data:

Data Collection and Use: We collect personal information that you provide and that is generated through your use of the Platform. This includes details like your name, contact information, date of birth, and demographic data, as well as health-related information you choose to share (for example, medications, health conditions, care plans, symptoms, and any messages or chat transcripts with Avery or Drive Health staff). We may also collect device and usage information (such as your device type, IP address, and usage logs) to help us improve the service and ensure functionality. We use this data to deliver the Drive Health services – for instance, to send medication reminders, to personalize health education content, to track your adherence or progress, and to enable Avery to provide relevant responses. We also use data to improve our Platform (for example, analyzing usage trends, fixing bugs, and enhancing AI accuracy) and to communicate with you about your account or updates. We will not use your personal health data for any purposes outside the scope of providing and improving our services, except as permitted by law or with your consent.
Data Sharing and Disclosure: We value your privacy and strive to limit who has access to your information. We do not sell your personal data to third-party marketers. We may share your information in the following circumstances: (a) With Your Healthcare Providers: If you are using Drive Health as part of a program with a doctor, clinic, or health system, we may share relevant data (such as your adherence information, symptoms, or communications) with those provider users to facilitate your care. (b) With Service Providers: We use trusted third-party service providers to help operate the Platform (for example, cloud hosting services, data storage, analytics providers, or SMS/email delivery services). These providers only receive the information necessary to perform their functions and are contractually obligated to protect your data and use it only for our specified purposes. (c) Legal Requirements: We may disclose your information if required to do so by law or legal process (such as a court order or subpoena), or if we have a good faith belief that such disclosure is necessary to comply with applicable laws, to investigate fraud or security issues, or to respond to an emergency involving potential harm. (d) Business Transfers: If Drive Health (RPM-One Inc.) is involved in a merger, acquisition, sale of assets, or other business transaction, your data may be transferred to the successor or new owner as part of that deal. In such cases, we will ensure the new owner is bound by privacy commitments similar to ours, and we will notify you (for example, via email or a notice on our site) of any change in data handling. (e) With Your Consent: If we ever want to use or share your information for purposes not covered in our Privacy Policy, we will ask for your explicit consent.
Data Security: We employ industry-standard security measures to protect your personal data. This includes technical measures (such as encryption of data in transit and at rest, secure servers, firewalls) and organizational measures (such as access controls to limit who at our company can access your information, and training our staff on privacy). We also comply with healthcare privacy laws like HIPAA when applicable, since some of your data may be considered Protected Health Information. Despite our efforts, please note that no system can be guaranteed 100% secure. We cannot promise absolute security of your data. You also play a role in security: keep your login credentials confidential and notify us if you suspect any unauthorized access to your account. In the unlikely event of a data breach that affects your personal information, we will notify you in accordance with applicable laws and regulations.
User Choices and Consent: By using the Platform, you consent to the collection and use of your data as described. You have choices about your data. For example, you can opt not to provide certain information (though this may limit your ability to use some features), and you can adjust settings on your device (like disabling certain permissions or notifications, which may affect functionality). You may opt out of non-essential communications: we will not send you marketing emails or texts without your consent, and you can unsubscribe if you have opted in. For essential service communications (like password resets or appointment reminders), we may send those as part of the service. If at any time you wish to withdraw your consent for our processing of your personal data, you have the right to do so — this may require that you stop using the Platform and request deletion of your account.
Privacy Rights: Depending on your jurisdiction, you may have specific legal rights regarding your personal data. For example, users in certain states or under certain laws may have the right to access a copy of their data, request correction of inaccuracies, request deletion of data, or object to certain processing. Drive Health’s Privacy Policy outlines these rights in detail (see the “Your Rights” section of the Privacy Policy). We are committed to honoring applicable data rights. You can exercise your rights or ask questions by contacting us (see Section 12 for Contact Information). We will respond to legitimate requests within the timeframe required by law.
Cookies and Tracking: Our Platform may use cookies or similar tracking technologies to enhance user experience (for example, keeping you logged in, or understanding how you use our app for improvement purposes). For details on what we collect and how to adjust cookie settings, refer to the Privacy Policy. Typically, you can control cookies through your browser or device settings.
Additional Privacy Details: For comprehensive information on all aspects of our data practices (such as data retention periods, international data transfers if any, and specific policies like SMS communication consent), please refer to the full Privacy Policy. By agreeing to these Terms, you acknowledge that you have read or had the opportunity to read our Privacy Policy and understand that it governs how we treat your information. If you have any privacy-related questions or concerns, you can contact us as described in the Contact Information section.

(Note: The Privacy Policy is subject to updates, as outlined within it. We encourage you to review it periodically. Continued use of the Platform after a Privacy Policy update signifies your acceptance of the revised practices.)

7. Termination and Suspension

Both you and Drive Health have the ability to terminate the use of the Platform under certain conditions. Here’s how termination and suspension of access works:

User Termination: You are free to stop using the Platform at any time. If you wish to permanently terminate your account, you may do so by contacting us (for example, by emailing our support at support@drivehealth.ai with a request to delete your account). Upon receiving such a request, we will deactivate your account and handle your personal data as described in our Privacy Policy (generally, we will delete or anonymize your data, except any information we are required to keep for legal compliance or legitimate business purposes). Keep in mind that terminating your Drive Health account may not automatically inform any healthcare provider who enrolled you; if you are using the service through a provider, you should also notify them if you decide to discontinue use.
Our Right to Suspend or Terminate: Drive Health reserves the right to suspend or terminate your access to the Platform (in whole or in part) at our discretion, especially if we believe you have violated these Terms or pose a risk to the Platform or other users. Circumstances that may lead to suspension or termination include:
- Violation of Terms: If you breach any provision of these Terms (for example, engaging in prohibited conduct under the Acceptable Use Policies, misusing the Platform, or failing to comply with your responsibilities), we may suspend your account while investigating the matter and/or terminate the account if the violation is confirmed or serious.
- Legal or Security Reasons: If required by law (for instance, due to a court order or if we learn that your use of the service is not in compliance with legal requirements) or if there is unexpected technical or security issues, we may suspend your access. For example, if we detect unauthorized access or suspect that your account has been compromised or is being used fraudulently, we might temporarily suspend to protect you and our systems.
- Discontinuation of Service: We aim to keep Drive Health available, but we reserve the right to discontinue or modify the Platform (or any part of it). If we cease operation of the Platform entirely, we will provide you with notice if feasible (for instance, an announcement via the app or email). In such case, your account would be terminated when the service is discontinued.
- Inactivity: It’s not our usual practice to delete accounts merely for inactivity, but we reserve the right to close accounts that have been inactive for an extended period (for example, if an account hasn’t been used for a year or more), especially if necessary to manage system resources. We would attempt to notify you at the email on file before doing so.
Notice of Suspension/Termination: If we suspend or terminate your account, we will, where reasonably possible, inform you of the reason and any steps you might take to appeal or correct the issue (however, if the violation is severe or involves legal issues, we may terminate immediately without notice). For less severe issues, we may send you a warning or work with you to resolve the violation before resorting to termination.
Effect of Termination: Upon termination of your account, whether initiated by you or by us, your right to access and use the Platform will immediately cease. You should understand that you will no longer have access to your account on Drive Health or the data within it through the Platform. We highly recommend that you retain your own copies of any important information (for example, any health logs or messages you might want to keep) before requesting deletion or in anticipation of service discontinuation. After termination, we may delete your data from our active databases, though it may persist in backups for a period of time as per our data retention policy. Any licenses or rights granted to you in these Terms will end at termination.
Survival of Terms: Even after your use of the Platform ends, certain sections of these Terms will continue to remain in effect because of their nature. This includes sections such as Disclaimers (Section 8), Limitation of Liability (Section 9), Governing Law (Section 10), and any other provisions that by their context are meant to survive termination.
Reactivation: If your account was suspended or terminated by us and you believe this was in error or you have remedied the violation, you can contact our support to discuss the matter. However, please note that we are not obligated to reactivate an account or restore data if a violation of these Terms occurred. In some cases, we may allow you to create a new account if the issue has been resolved, but we reserve the right to refuse service to anyone who has repeatedly or egregiously violated our Terms.

8. Disclaimers

Drive Health is designed to assist and educate you in managing your health, but it has important limitations. The following disclaimers are crucial for you to understand – they limit the responsibilities and promises of the Platform and the Company:

No Medical Advice or Diagnosis: The Drive Health Platform (including interactions with Avery or any health content provided) is not a substitute for professional medical advice, diagnosis, or treatment. While we aim to provide helpful health-related information, we are not a healthcare provider and no doctor-patient relationship is created by your use of the Platform. You should always consult a qualified physician or other healthcare professional about any health concerns or before making decisions based on information from the Platform. Drive Health does not diagnose conditions, prescribe treatments, or give personalized medical advice. Any suggestions or information from Avery or the Platform are for general wellness and educational purposes to support your healthcare journey, not specific medical directives.
Informational Purpose Only: All content accessed through Drive Health (such as health tips, medication reminders, educational articles, or AI responses) is provided “as is” for informational purposes. Although we strive for accuracy and usefulness, we do not guarantee that any content is complete, up-to-date, or suited to your personal situation. Use your own judgment and consult professionals when using this information. If the Platform suggests any actions (like lifestyle changes or when to take medication), you should verify these with your healthcare provider. Ultimately, you are responsible for how you use the information provided.
No Emergency Services: Drive Health is not an emergency service. It does not actively monitor your health in real-time and cannot send emergency responders. Any notifications or alerts (for example, reminders or check-ins) are routine and not continuously monitored by human clinicians. If you have an emergency, you must call 911 or seek immediate medical help. We expressly disclaim any responsibility for outcomes if the Platform is mistakenly used for emergency needs.
Service Availability and Accuracy: The Platform is provided on an “as is” and “as available” basis. We do not warrant that the service will be uninterrupted, timely, secure, or error-free. Drive Health may occasionally be down for maintenance or experience technical issues. We also do not guarantee that any data (like reminder notifications or messages) will always be delivered or saved. For example, a notification might be delayed or not sent due to technical glitches or network issues. You should not rely solely on the Platform for critical needs (such as only depending on the app’s alarm for taking medication; use a backup alarm if the timing is vital). While we endeavor to keep the content (like drug information or health guidelines) accurate, we make no warranty that any content is error-free or scientifically complete.
No Warranty: RPM-One Inc. (Drive Health) disclaims all warranties and representations, whether express or implied, regarding the Platform. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will meet your expectations or achieve any particular results. For instance, we do not guarantee that using Drive Health will improve your health or ensure you never miss a medication dose. Any success stories or examples are illustrative and not a promise of outcomes. You use the Platform at your own risk.
AI Limitation: Avery is an AI health assistant designed to simulate a nurse’s guidance. AI has limitations – it may not always understand your inputs perfectly, and its responses might occasionally be off-target or require clarification. The AI’s advice is generated from patterns in data and is not infallible. We disclaim liability for any consequences of following AI-provided suggestions without professional verification. Always treat AI suggestions as supportive, not definitive.
Third-Party Links or Content: If the Platform provides links to third-party websites or resources, or if any third-party content appears in the app, these are provided for convenience. Drive Health does not endorse or assume responsibility for third-party content. Any third-party services or content you access through our Platform are subject to those third parties’ terms and privacy policies, and we disclaim liability for those. For example, if there’s a link to an article on a medical website, we are not responsible for the accuracy or claims of that external content.
No Endorsement of Products: Any mention of specific products, medications, treatments, or processes on the Platform does not constitute an endorsement or recommendation by Drive Health. The Platform might mention or remind you about medications or supplements you are taking (based on what you input), but that is not an endorsement of those medications – it’s merely for your convenience. Always follow your healthcare provider’s instructions regarding medications and treatments.
User Responsibility for Decisions: We emphasize that you are solely responsible for any actions you take based on information or services from Drive Health. Drive Health can provide guidance and data, but the decisions about your health are yours (in consultation with your healthcare professionals). For example, if the Platform suggests you schedule a follow-up appointment or adjust a habit, it’s up to you to decide if that’s appropriate and to carry it out safely. We encourage you to use Drive Health as one tool among many, and not as the sole basis for critical decisions.
No Guarantee of Results: We do not guarantee any specific outcomes from using the Platform (such as improved health metrics, adherence rates, or satisfaction). Every individual’s situation is different. Any benefits you may gain depend on a variety of factors outside our control, including how you use the Platform and your personal health circumstances.
Technical Disclaimers: You acknowledge that the use of the Platform involves electronic transmission of data over networks, including the internet, which are not controlled by us. We disclaim responsibility for any data loss, delays, or security breaches that occur outside our systems (for example, if your internet service is unstable or if your device is compromised by malware, that is beyond our control). We also cannot guarantee that the Platform will be compatible with every device or with every version of operating system software. It is your responsibility to use compatible devices and update the app when new versions are released.

In summary, Drive Health provides a helpful health support service but without any guarantees or warranties. By using the Platform, you accept that it comes with these limitations. If you are ever unsure about information from Drive Health, we urge you to double-check with a healthcare professional.

9. Limitation of Liability

To the fullest extent permitted by law, RPM-One Inc. (Drive Health) and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any damages arising out of or relating to your use of (or inability to use) the Platform. This limitation of liability is a crucial part of our agreement. Please read it carefully:

Types of Damages Excluded: Drive Health will not be liable for any indirect, incidental, consequential, special, or punitive damages. This includes, for example, damages for lost profits or revenues, loss of data, loss of goodwill, the cost of substitute services, or other intangible losses that result from the use of or inability to use the Platform. We are also not liable for any personal injury or property damage arising from use of the app (to the extent such liability can be disclaimed by law). This holds true even if we have been advised of the possibility of such damages. For instance, we are not liable if a reminder notification fails and you miss a medication dose that leads to a health issue, or if you rely on information from Avery that turns out to be inaccurate and you experience an adverse outcome. Those kinds of consequential losses are not recoverable from us.
Liability Cap: In any case, our total liability to you for all claims (whether in contract, tort, or any other theory of liability) will be limited to the amount you paid to Drive Health (if any) in the 12 months immediately before the event giving rise to the liability. If you have not paid anything (for example, if you are using a free version or a version provided by a healthcare provider at no cost to you), our total liability to you shall not exceed a nominal amount of $100 (USD). This means that if you sue us for any reason and we are found liable, the maximum amount you can recover from us is limited. This cap on liability reflects the fact that our service is often low-cost or free to users, and it’s an agreed allocation of risk between us and you.
No Liability for Certain Causes: Drive Health shall not be responsible for any failure to perform, or delay in performance of, any obligations hereunder if such failure or delay is due to causes beyond our reasonable control (for example, an act of God, war, acts of terrorism, natural disasters, power failures, internet outages, or other force majeure events). In addition, we are not liable for any issues arising from your own failure to follow instructions or to comply with these Terms.
User’s Responsibility: You agree that your use of the Platform is at your sole risk. If you are dissatisfied with any aspect of the Platform, your sole and exclusive remedy is to discontinue use of the Platform. This is an important point: we are providing this service to help you, but if it doesn’t meet your needs or if you believe it has caused you harm, the main recourse is for you to stop using it. We are not responsible for any negative outcomes you experience in your health or otherwise by choosing to use (or not use) information from our Platform.
Applicability of Limitations: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities (for example, some states do not allow the limitation of liability for personal injury caused by negligence, or may have specific consumer protection laws). If those laws apply to you, some of the above disclaimers or limitations may not apply to the extent prohibited by law. In such cases, our liability will be limited to the maximum extent permitted by applicable law. Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited.
Indemnity: (While we have not set this as a separate section, it’s related to liability) You agree that if a third party makes a claim against Drive Health related to your use of the Platform or violation of these Terms (for example, if you misuse the app and it causes harm, or you share someone’s data unlawfully and we get a claim), to the extent permitted by law you will indemnify and hold Drive Health (and its officers, employees, etc.) harmless from those claims, including reasonable attorney’s fees. We will notify you of any such claim and cooperate in good faith to defend it. This means you are taking on responsibility for the consequences of your actions on the Platform, protecting us from being blamed for something you did.
Release: As permitted by law, you release Drive Health and its affiliated parties from any and all claims or liability related to your use of the Platform. If you are a California resident, you waive California Civil Code §1542 which says a general release doesn’t extend to claims the creditor doesn’t know about – meaning you also release unknown claims (again, to the extent allowed by law).

In summary, our liability to you is very limited. The Platform is provided as a supportive tool “as-is,” and we cannot assume responsibility for all the various things that might go wrong in a complex healthcare context or through technology use. This section ensures that risk is fairly allocated. If you find these terms unacceptable, you should not use the Platform.

10. Governing Law and Jurisdiction

This section determines which laws apply to this agreement and where any legal disputes would be resolved:

Governing Law: These Terms of Service and any dispute arising out of or related to the Platform or these Terms will be governed by the laws of the State of Delaware, USA, and, where applicable, the federal laws of the United States. This is applied without regard to its conflict of laws principles (which means we’re choosing Delaware law to apply even if you live elsewhere, except that we won’t apply any rule that would choose another jurisdiction’s laws). We are specifying Delaware law because RPM-One Inc. is incorporated in Delaware. We also operate in compliance with U.S. federal health laws; however, this choice of law means Delaware state law will primarily govern our agreement.
Jurisdiction and Venue: You agree that any legal action or proceeding arising under or relating to these Terms or the Platform shall be brought exclusively in the state or federal courts located within the State of Delaware. You consent to the personal jurisdiction of those courts. In other words, if there is a dispute that leads to a lawsuit, it will be filed in a court in Delaware (for example, a state court in Delaware or the United States District Court covering Delaware). You also agree that Delaware is a convenient forum for any litigation (you won’t claim it’s an inconvenient venue). If you reside outside of the United States, you agree that you can still be subject to jurisdiction in Delaware courts for purposes of any dispute regarding the Platform or these Terms.
Injunctive Relief Exception: Although we just said disputes will be in Delaware, note that nothing in these Terms prevents either you or us from seeking injunctive or equitable relief in any competent court to prevent an actual or threatened infringement of intellectual property rights or breach of security. For example, if we need to stop someone from misusing our trademarks or hacking our system immediately, we might not wait to file in Delaware and could seek relief in another jurisdiction if appropriate.
Other Jurisdiction Notes: If you are using the Platform in a jurisdiction that provides you with certain mandatory rights or protections, nothing in this Governing Law section is meant to override those protections. These Terms aim to respect consumer rights that cannot be waived by contract. But the primary governing law will remain Delaware, to the extent possible.
International Use: We make no representations that the Platform is appropriate or available for use in locations outside the United States. Those who access or use the Platform from other jurisdictions do so at their own choice and are responsible for compliance with local law. However, the governing law for the Terms remains Delaware law.

11. Changes to Terms of Service

We may need to update or modify these Terms over time as our Platform evolves, laws change, or other circumstances arise. Here’s how that works:

Right to Modify: Drive Health reserves the right to change or update these Terms of Service at any time. We might do this for various reasons, such as adding new features, clarifying terms, or ensuring compliance with new legal requirements. When we make changes, we will also update the “Last Updated” date (or effective date) at the top of the Terms document (if provided; if not shown here, it will be on our website or within the app’s terms section).
Notification of Changes: If we make a material (significant) change to the Terms, we will take appropriate steps to notify users. Notification methods may include: an email to the address associated with your account (if you’ve provided one), a prominent notice within the mobile app or on our website, or a pop-up notification upon login. For minor changes or clarifications that do not significantly affect users’ rights or obligations, we may post the updated Terms on our site and update the date without a specific notice (so you should check the Terms periodically).
Reviewing Changes: We encourage you to review any updated Terms carefully. We will, when possible, provide advance notice of significant changes and the date they become effective. Sometimes we may ask you to actively agree to the new terms (for example, through a dialog box or checkbox) especially if required by law. Other times, continued use of the Platform after the effective date of the changes will constitute your acceptance of the new Terms.
Your Choice if You Disagree: If you do not agree to the revised Terms, you have the right to stop using the Platform. In fact, if you continue to use Drive Health after the Terms change, you will be deemed to have accepted the updated Terms. Therefore, it’s important that you discontinue use and close your account if you do not agree with a change. You can always contact us if you have specific questions or concerns about the changes.
Documentation of Changes: For transparency, we may maintain an archive or history of Terms changes (for example, listing previous effective dates and summaries of changes). If required by law, we might also keep a copy of prior terms that were in effect at the time of your use. Generally, however, the current Terms (as of the effective date) apply to your use of the Platform.
Related Policies: Changes to these Terms of Service are handled as described above. For changes to other policies (like our Privacy Policy), slightly different procedures might apply (as described in those documents), but typically we also provide notice for major changes. Keep in mind that this Terms document and the Privacy Policy are separate; accepting one does not mean changes to the other are automatically accepted. We will handle each according to its terms.

In summary, we will keep you informed of changes to these Terms and give you a chance to review them. Your continued use of Drive Health means you agree to the adjustments. We want to keep our terms current and clear, and we appreciate you keeping yourself informed. If you have questions about any change, please reach out to us (see Section 12).

12. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service or the Drive Health Platform, please feel free to contact us. We are here to help and clarify anything about our services or policies. Below are our contact details:

Company Name: RPM-One Inc. d/b/a Drive Health
Mailing Address: 275 E Rivulon Blvd Ste 300, Gilbert, AZ 85297, USA
Email Contact: support@drivehealth.ai

You can send us an email for assistance or with any inquiries related to the Terms or the Platform. If you prefer to send mail, you can use the mailing address above (Attn: Legal or Attn: Support). We will do our best to respond in a timely manner. Please remember not to include sensitive personal information in unencrypted email correspondence.

Effective Date: These Terms of Service are effective as of the date at the top of this document (or as of the date you agree to them if that is required within the app). They remain in effect until updated by a newer version. Thank you for reading these Terms carefully and for using Drive Health. We appreciate your trust and are dedicated to supporting you in your health journey in a safe and compliant manner. If you have any questions or need further clarification on any section of these Terms, don’t hesitate to contact us. Your understanding of your rights and responsibilities under these Terms is important for a positive and secure experience with Drive Health.