eNeighbor Terms of Service

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Please read these Terms of Service (“Terms”) carefully before using the eNeighbor™ mobile application (the “App”) operated by Curlew Labs LLC (“Curlew Labs,” “we,” “our,” or “us”). By downloading or using the App, you agree to be bound by these Terms, including the binding individual arbitration provision and class-action waiver in Section 13. If you do not agree, do not use the App.

1. What eNeighbor is — and what it is not

eNeighbor is a mobile app that detects when a paired device is first used in the morning and, if no activity is detected by a configurable mid-morning time, sends a notification to a paired neighbor.

eNeighbor is a low-risk general wellness product within the meaning of the U.S. Food and Drug Administration’s General Wellness: Policy for Low Risk Devices guidance (September 27, 2019). It is intended to maintain or encourage a general state of well-being by helping families stay loosely in touch about a loved one’s morning routine. It is not intended to diagnose, cure, mitigate, prevent, or treat any disease or condition, and it has not been reviewed or cleared by the FDA.

eNeighbor is not a medical device, an emergency response system, or a substitute for emergency services. It is not designed or intended to detect falls, medical emergencies, or any specific health event. The App depends on a device being picked up and used in the normal course of a morning — it cannot detect or respond to a situation in which the device is not used.

Do not rely solely on eNeighbor for safety monitoring. In any emergency, call 911 (or your local emergency number) immediately. eNeighbor does not replace Life Alert, medical alert systems, in-home care, or other services designed for emergency response.

2. Eligibility

You must be at least 18 years old to create an account. By using the App, you represent that you meet this requirement. The App is intended for use by adults and the neighbors they pair with (typically a family member or trusted friend).

3. Account registration

To use the App you must create an account with a valid email address. You are responsible for maintaining the security of your account and for all activity that occurs under it. Notify us promptly at support@curlewlabs.com if you believe your account has been compromised.

4. Pairing and consent

The App connects two devices as neighbors. Both parties must actively install the App and agree to be paired; neither is assigned a fixed role, and each independently controls whether their own check-in status is shared with the other. You must not pair with another person’s device without their explicit knowledge and consent.

5. Acceptable use

You agree not to:

6. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Curlew Labs LLC and its officers, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of these Terms, (b) your misuse of the App, including any use that violates applicable law or another person’s rights, or (c) any content or instructions you provide to us. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us. This Section 6 does not require you to indemnify us for our own gross negligence or willful misconduct, or to the extent indemnification is barred by applicable law (including any mandatory consumer protections in your jurisdiction of residence).

7. Service availability

We aim to keep the App operational, but we do not guarantee uninterrupted availability. Notifications depend on factors outside our control, including device battery state, mobile network conditions, operating system background restrictions, and push notification delivery by Apple and Google. A notification may be delayed or not delivered. This is an additional reason not to rely on eNeighbor as your sole safety measure.

8. Intellectual property

The App, including all content, code, and design, is owned by Curlew Labs LLC and protected by applicable copyright and trademark law. eNeighbor™ is a trademark of Curlew Labs LLC. These Terms do not grant you any rights to our intellectual property beyond the limited license to use the App for its intended personal, non-commercial purpose.

9. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE ERROR-FREE, THAT NOTIFICATIONS WILL BE DELIVERED ON TIME OR AT ALL, OR THAT THE APP WILL DETECT OR PREVENT ANY HARM.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CURLEW LABS LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING ANY PERSONAL INJURY, DEATH, OR HARM TO A THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $10, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this Section 10 may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law (including any mandatory consumer protections in your jurisdiction of residence).

11. Termination

You may stop using the App at any time and request deletion of your account by contacting us at support@curlewlabs.com. We may suspend or terminate your account if you violate these Terms or if we discontinue the App.

12. Notice of claim and informal resolution

Before bringing any formal proceeding, you agree to first contact us at support@curlewlabs.com with a written description of the dispute, the relief you seek, and your contact information, and to attempt to resolve the dispute informally for at least 60 days after we receive that notice. The applicable statute of limitations is tolled while the parties engage in this informal-resolution process. If the dispute is not resolved within 60 days, either party may proceed under Section 13.

13. Arbitration; class-action waiver

Please read this section carefully — it affects your legal rights, including your right to a jury trial and your right to participate in a class action.

Except for the carve-outs below, you and Curlew Labs LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding individual arbitration rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org/consumer. The arbitrator — not any federal, state, or local court or agency — has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate. The Federal Arbitration Act governs the interpretation and enforcement of this Section 13.

Class-action waiver. You and Curlew Labs LLC each agree to bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable, then this entire Section 13 will be null and void, but the remainder of these Terms will remain in force.

Carve-outs. Either party may bring an individual action in small-claims court for disputes that qualify, so long as the action remains in that court and is brought on an individual (non-class) basis. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

30-day opt-out. You may opt out of this arbitration agreement by emailing support@curlewlabs.com within 30 days after first accepting these Terms, with the subject line “Arbitration Opt-Out” and including your name and the email address associated with your account. Opting out will not affect any other provision of these Terms.

Where mandatory consumer law differs. If you are a consumer in a jurisdiction whose mandatory consumer-protection law gives you a non-waivable right to bring claims in your local courts or under a different dispute-resolution forum, this Section 13 does not apply to the extent of that right.

This Section 13 survives termination of these Terms.

14. Governing law and venue

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law provisions. Subject to Sections 12 and 13, any dispute not subject to arbitration shall be resolved in the state or federal courts located in King County, Washington, and you consent to personal jurisdiction there.

Nothing in this section deprives you of any mandatory consumer protections you are entitled to under the law of your country of residence.

15. Changes to these Terms

We may update these Terms as the App evolves. When we do, we will update the “Last updated” date at the top of this page and, for material changes, notify you via the App or by email. Continued use of the App after a change constitutes acceptance of the revised Terms.

16. Force majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, third-party service outages, or pandemic-related disruptions. This Section 16 does not extend to claims based on our gross negligence or willful misconduct.

17. Miscellaneous

Severability. If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Curlew Labs LLC regarding the App and supersede any prior or contemporaneous understandings on that subject.

No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective, and will apply only to the specific instance identified.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent; any attempted assignment in violation of this sentence is void. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, on notice to you.

18. Contact us

If you have questions about these Terms, please contact us at support@curlewlabs.com.