IMPORTANT: PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING, INSTALLING, OR USING THE RIBPUNCH APPLICATION ("APP"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE ("TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement ("Agreement") between you ("User," "you," or "your") and Agentic Secure Inc., a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the RibPunch mobile application and related services (collectively, the "Services").
1.1 Eligibility
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
2. Service Description and Classification
2.1 Nature of the Service
RibPunch is a PRODUCTIVITY TOOL designed to assist users in maintaining alertness during activities where staying awake is desired. The App monitors physiological signals from wearable devices and provides haptic (vibration) notifications when patterns associated with reduced alertness are detected.
2.2 Product Category Classification
THE APP IS EXPRESSLY CLASSIFIED AS A PRODUCTIVITY AND LIFESTYLE TOOL, NOT A HEALTH, MEDICAL, WELLNESS, OR SAFETY APPLICATION.
- Primary Category: Productivity
- Secondary Category: Lifestyle / Utilities
- NOT: Health & Fitness, Medical, Healthcare, or Safety
2.3 NOT Intended For
THE APP IS EXPRESSLY NOT INTENDED FOR:
- Medical diagnosis, treatment, cure, mitigation, or prevention of any disease or condition
- Healthcare purposes of any kind
- Safety-critical applications where failure could result in injury or death
- Commercial driving or operation of heavy machinery where regulatory compliance is required
- Use as a substitute for professional medical advice, diagnosis, or treatment
- Emergency or life-safety situations
3. Medical and Health Disclaimers
3.1 Not a Medical Device
THE APP IS NOT A MEDICAL DEVICE AND HAS NOT BEEN EVALUATED, CLEARED, OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), EUROPEAN MEDICINES AGENCY (EMA), OR ANY OTHER REGULATORY BODY FOR ANY MEDICAL PURPOSE.
3.2 Physiological Data Usage
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- Physiological data is collected SOLELY for improving App functionality and detecting alertness patterns for productivity purposes
- This data is NOT collected, stored, analyzed, or used for any health, medical, diagnostic, or therapeutic purpose
- This data should NOT be interpreted as health information, medical data, or clinical measurements
- The App's analysis of physiological data does not constitute a medical opinion, diagnosis, or recommendation
4. Assumption of Risk and Safety Warnings
4.1 Inherent Risks
YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH USING THE APP, INCLUDING BUT NOT LIMITED TO:
- The App may fail to detect drowsiness or reduced alertness
- The App may fail to provide timely or adequate notifications
- Technical malfunctions, bugs, or errors may prevent the App from functioning
- Connectivity issues between your phone and wearable device may affect performance
- The App cannot prevent accidents, injuries, or harm that may result from drowsiness or fatigue
4.2 No Safety Guarantee
THE APP DOES NOT GUARANTEE YOUR SAFETY. The App is provided as a convenience tool only and should not be relied upon as your sole or primary means of staying alert during any activity.
4.3 User Responsibility
YOU ARE SOLELY RESPONSIBLE FOR:
- Ensuring you are adequately rested before engaging in any activity requiring alertness
- Recognizing and responding to your own signs of fatigue and drowsiness
- Not engaging in activities (such as driving) when you are fatigued, regardless of App notifications
- Complying with all applicable laws, regulations, and safety standards
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY:
- Failure of the App to detect drowsiness, fatigue, or reduced alertness
- Failure of the App to provide notifications, alerts, or warnings
- Accidents, injuries, deaths, or damages of any kind that occur while using or relying on the App
- Technical failures, bugs, glitches, or malfunctions
- Any indirect, incidental, special, consequential, or punitive damages
MAXIMUM LIABILITY CAP: In no event shall the Company's total liability exceed the greater of: (a) the amount you paid in the twelve months preceding the claim; or (b) US$50.00.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
The Company expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to your use of the Services, your violation of these Terms, or any accident, injury, or damage occurring while you use the App.
8. Data Collection and Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. User Accounts and Subscriptions
Certain features may require a paid subscription. Subscription terms, pricing, and billing practices are as disclosed in the App at the time of purchase. Refund policies are governed by the applicable app store.
10. Intellectual Property
The App, including all content, features, functionality, software, designs, and documentation, is owned by the Company and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes.
11. Termination
You may terminate this Agreement at any time by deleting your account and uninstalling the App. The Company may terminate or suspend your access at any time, with or without cause.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
13. Dispute Resolution
BINDING ARBITRATION: Any dispute arising out of or relating to these Terms shall be determined by arbitration in Wilmington, Delaware, before one arbitrator, administered by JAMS.
CLASS ACTION WAIVER: You and the Company agree that any arbitration or court proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
14. Contact Information
Agentic Secure Inc.
Email: [email protected]
Support: [email protected]
Website: https://ribpunch.com
15. Acknowledgment
BY USING THE APP, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms
- You understand that RibPunch is a PRODUCTIVITY TOOL, not a medical, health, or safety device
- You assume all risks associated with using the App
- You waive any claims against the Company for the App's failure to detect drowsiness or prevent accidents