Terms of Service & EULA

1. License Grant

Subject to these Terms, countRx grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Service for your personal, non-commercial use in connection with pill counting and keeping your own records.

The Service is licensed, not sold. countRx and its licensors retain all rights not expressly granted in these Terms.

2. Intended Use and User Responsibility

countRx is a personal counting aid. It is not a medical device, not a substitute for professional judgment, and not medical advice.

You are solely responsible for:

• independently verifying all counts before relying on them;
• how you handle, organize, and take your medications;
• reviewing exports before relying on them; and
• keeping your own backups of anything you want to retain.

You must not rely on the Service as the sole source of truth for any medication or health decision.

3. Restrictions

You may not:

• copy, modify, reverse engineer, decompile, disassemble, or create derivative works of the Service except where applicable law expressly allows it;
• use the Service for unlawful, fraudulent, misleading, or unauthorized purposes;
• remove proprietary notices or attempt to bypass technical restrictions; or
• use the Service in a manner that infringes the rights of countRx or any third party.

4. Third-Party Platforms and Services

The Service may be distributed through third-party platforms such as the Apple App Store or Google Play and may rely on third-party infrastructure, analytics, crash reporting, sharing, or export services. Your use of those services may also be subject to separate terms from those providers.

For iOS distributions, Apple is a third-party beneficiary of this agreement and may enforce the portions of these Terms that apply to the licensed application. For Android distributions, Google Play terms may apply in addition to these Terms.

5. Service Changes, Availability, and Suspension

countRx may modify, suspend, or discontinue any part of the Service at any time, with or without notice. Features may depend on device hardware, connectivity, third-party services, or future updates, and may not always be available or error-free.

6. No Warranty; Service Provided "As Is"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS. COUNTRX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SUFFICIENT FOR YOUR WORKFLOW.

Without limiting the above, countRx does not warrant that counts, photos, exports, bottle identification, or historical records will be correct, complete, retrievable, or accepted by any third party.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUNTRX AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COUNTRX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO COUNTRX FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. IF YOU PAID NOTHING, THE CAP IS $0 TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF APPLICABLE LAW DOES NOT ALLOW THAT CAP, LIABILITY WILL BE LIMITED TO THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW.

8. Indemnification

You will defend, indemnify, and hold harmless countRx and its affiliates, licensors, officers, directors, employees, contractors, and agents from and against any claims, demands, actions, damages, judgments, settlements, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of or reliance on the Service;
• your medication or health decisions;
• your violation of these Terms or applicable law;
• data, labels, exports, or other content you capture, upload, share, or distribute through the Service; or
• claims by any third party arising from your use of the Service.

9. Termination

These Terms remain in effect until terminated. countRx may suspend or terminate your access at any time if you violate these Terms or if the Service is discontinued. Upon termination, the license granted to you ends immediately and you must stop using the Service.

10. Changes to These Terms

countRx may update these Terms from time to time. Updated Terms become effective when posted or when otherwise presented to you in the app. Continued use of the Service after the updated Terms become effective means you accept the updated Terms.

11. Governing Law

Except to the extent prohibited by applicable law, these Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules.

12. Contact

Questions about these Terms may be sent to [email protected].

13. Important Note

No contract can eliminate every form of liability. Certain claims and remedies may not be waivable under applicable law, and the enforceability of these Terms can vary by jurisdiction.