TERMS OF SERVICE

Effective: October 10, 2017

Welcome!

We are thrilled that you have decided to build your Medical Practices using Potion Owl products and services, all of which we will refer to simply as "Services," moving forward.

Our Terms of Service or "Terms" have been created to establish an expected code of ethical conduct between usand you. These Terms form a legally binding contract between you and Potion Owl, Inc. So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don't agree with them, then we anticipate that you will not be using our Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND POTION OWL AGREE THAT, IF A DISPUTE ARISESIT WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND POTION OWL WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Who Can Use Potion Owl Services

Anyone is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to verify a particular detail in order to use them. Again, it is imperative that you read all terms outlined herein.

By using the Services, you state that:

  • You can form a binding contract with Potion Owl
  • You are not a person who is barred from receiving the Services under the laws ofJamaica or any other applicable jurisdiction.
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations.

If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.

2. Rights We Grant You

Potion Owl grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of authorizingyou to usePotion Owl’sbenefits in a way that these Terms and our usage policies, such as our Guidelines, will allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of thePotion Owl software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

3. Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store data. By doing so, you reserveyourownership rights to that data. You grant us a license to generate statistics from this data, but we shall NOT divulge or share any sensitive details that would otherwise be deemed unethical.

For all Services, you grant Potion Owl a worldwide, royalty-free, sublicensable, and transferable license to ensure all sensitive data remainssecure and protected against manipulation.

In addition to the rights you grant us relating to use of our Services, you also grant us a perpetual license to ensure that you maintain reasonable activity when using our Services, which is a frequency greater than once per week for doctors.

Potion Owl will not personally access, review, screen, and delete your data at any time and in the event of political or judicial influence we will maintain this stance.

The Services may contain sponsorship messages. In consideration for Potion Owl letting you access and use the Services, you agree that Potion Owl, its affiliates, and third-party partners may place sponsorship messages on the Services. ???

Paying clients may request additional features to be added to Potion Owl, however the R&D team will discuss the long term benefits before responding to you within 5 working days. Any additional features implemented through your suggestions does not obligatePotion Owl to compensate you.

4. The Data of Others

All Data on our Services is produced by our users. The data is the sole responsibility of the person or organization that submitted it. Although Potion Owl reserves the right to review all data that appears on the Services and to remove any content that violates ourTerms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any data that others provide through the Services.

5. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to review our privacy policy.

6. Respecting Other People's Rights

Potion Owl respects the rights of others and so should you. You are therefore expected tomaintain confidentiality always. You should not:

  • violate or infringe upon someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
  • assume identities other than the one legally assigned to you onyour birth certificate. You must also respect Potion Owl’s rights. These Terms do not grant you any right to:
  • use branding, logos, designs, photographs, videos, or any other materials used in our Services;
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms;
  • o use the Services or any content on the Services for any commercial purposes without our consent.

In short: You may not use the Services or the content on the Services in ways that are not authorized by these Terms, nor may you help or enable anyone else in doing so.

7. Respecting Copyright

Potion Owl honours the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. Where Potion Owl becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate that user's account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent:

email: support@potionowl.com

If you file a notice with our Copyright Agent, it must comply with the following requirements:

  • contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • identify the copyrighted work claimed to have been infringed;
  • identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
  • provide contact information including your address, telephone number, and email address;
  • provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8. Safety

We strive to keep our Services safe - period. We will do our part, but it is a team effort. That is where you come in. By using the Services, you agree that you will not:

  • use the Services for any purpose that is illegal or prohibited in these Terms.
  • use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
  • use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
  • use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • use or attempt to use another user's account, username, or password without their permission.
  • solicit login credentials from another user.
  • post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • upload viruses or other malicious code or otherwise compromise the security of the Services.
  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • probe, scan, or test the vulnerability of our Services or any system or network.
  • encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. Please do not use our Services in a way that would distract you from obeying traffic or safety laws. Never put yourself or others at risk while using Potion Owl.

9. Your Account

You are responsible for any activity that occurs in your account. It is therefore important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account. We also have our own unique algorithm for double protection.

By using the Services, you agree that in addition to exercising general safe practices, you will not:

  • create more than one account for yourself.
  • create another account if we have already disabled your account, unless you have our written permission to do so.
  • buy, sell, rent, or lease access to your Potion Owl account.
  • share your password
  • log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to support@potionowl.com

10. Purchases and Payments

We may offer various virtual goods and services or "Virtual Products" that you can purchase and use through Potion Owl. You donot own these Virtual Products; instead, you buy a limited revocable license to use them. You will always be shown the price for Virtual Products before you complete a purchase. However, Potion Owl does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as Google's Play Store, among others). Some third-party service providers may apply a sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.

Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. Since our performance begins once you tap “Buy” and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it is completed, or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT POTION OWL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.

Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. Please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.

It is your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.

Potion Owl does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.Potion Owl does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate terms of use.

11. Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur from using our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create your Potion Owl account, you must update your account information through the ‘Settings’ menu within 72 hours to prevent us from sending messages intended for you to someone else.

12. Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Potion Owl is not responsible or liable for those third party's terms or actions taken under the third party's terms.

13. Modifying the Services and Termination

We are constantlyimproving our Services and creating new ones. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

While we hope you remain a lifelong Potion Owl user, you can terminate these Terms at any time and for any reason by deleting your account.

Potion Owl may also terminate these Terms with you at any time, for any reason with advanced notice,no less thanone month, so that you may secure all your data from our service if needs be. Keep in mind that we may deactivate your account due to prolonged inactivity - inactivity defined as less than 8 daily usages per month.

Regardless of who terminates these Terms, both you and Potion Owl continue to be bound by Sections 3, 6, 10, 13-22 of the Terms.

14. Indemnity

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Potion Owl, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; and (b) your breach of these Terms.

15. Disclaimers

We try to keep the Services up and running and free of annoyances.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE POTION OWL ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY POTION OWL DATA, USER DATA, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

POTION OWL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY DATA THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POTION OWL AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR DATA OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA, EVEN IF POTION OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POTION OWL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $10 USD OR THE AMOUNT YOU PAID POTION OWL, IF ANY, WITHIN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

17. Arbitration, Class Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH POTION OWL, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

  • Applicability of Arbitration Agreement. All claims and disputes arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Potion Owl are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
  • Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  • Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Potion Owl. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Potion Owl.
  • Waiver of Jury Trial. YOU AND POTION OWL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Potion Owl are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Potion Owl over whether to vacate or enforce an arbitration award, YOU AND POTION OWL WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
  • Confidentiality. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
  • Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waivers will not waive or affect any other portion of this arbitration agreement
  • Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Potion Owl can force the other to arbitrate. To opt out, you must notify Potion Owl in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your name and the email address you used to set up your Potion Owl account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to this address: 5 Goodwood Terrace, Kingston 8
  • Small Claims Court. Notwithstanding the foregoing, either you or Potion Owl may bring an individual action in small claims court.
  • Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Potion Owl.

18. Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Potion Owl agree that all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the Courts of Jamaica. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the necessary courts. You and Potion Owl consent to the personal jurisdiction of both courts.

19. Choice of Law

Except to the extent they are pre-empted by laws of Jamaica other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

20. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

21. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions will be provided together with the relevant Services and will then become part of your agreement with us if you use those Services.

22. Final Terms

  • These Terms make up the entire agreement between you and Potion Owl, and supersede any prior agreements.
  • These Terms do no create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.
  • These Terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

Contact Us

Potion Owl welcomes comments, questions, concerns, or suggestions. Please send feedback to us at support@potionowl.com

Potion Owl, Inc. is located in Kingston, Jamaica, W.I.