Agree - Adapy

OVERVIEW The Adapy Smart Mobility System is operated by Adapy, inc. Throughout the site, the terms “we”, “us” and “our” refer to Adapy, inc. Adapy, inc offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Adapy, inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Adapy, inc and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Powered by Shopify www.shopify.com The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@adapy.com. Our contact information is posted below:

Adapy Inc,
5724 W. 670 S. Unit 1A Hurricane UT 84737
801-896-1846
support@adapy.com

SECTION 21 – USAGE DATA CONSENT AND THIRD-PARTY SHARING POLICY

In addition to the terms outlined below, by using the Adapy app and Smart Mobility System, you acknowledge and agree that Adapy, Inc. may collect, process, and share usage data with trusted partners such as equipment manufacturers, CDRS professionals, occupational therapists, dealers, authorized service technicians, and state or federal funding administrators (including VA representatives) for the purpose of enhancing care, verifying compliance, and improving product performance.

This includes use of analytics platforms to better understand app and system performance across the Adapy ecosystem.

SECTION 22 – ELIGIBILITY AND USER RESPONSIBILITY

You must be at least the age of majority in your jurisdiction to use the Adapy mobile application. By agreeing to these terms, you confirm that you are legally eligible to enter into this agreement. If you are accepting these terms on behalf of another individual or entity, you represent and warrant that you have the legal authority to do so.

Users are responsible for their actions while using the app, including safe operation of any mobility equipment and compliance with applicable laws.

SECTION 23 – ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your login credentials and any activity associated with your account. Adapy, Inc. is not liable for any loss or damage arising from unauthorized use of your account due to your failure to maintain account security.

SECTION 24 – MEDICAL DEVICE DISCLAIMER

The Adapy mobile app is not a medical device. It is not a substitute for clinical judgment by licensed professionals. Any data provided by the Adapy Smart Mobility System is informational and should not be used for diagnosis or treatment without professional input from a certified therapist or healthcare provider.

SECTION 25 – SOFTWARE AND HARDWARE DISCLAIMERS

Adapy does not warrant that the app will function without interruption or error. Functionality may depend on third-party services, network conditions, and hardware compatibility. Adapy assumes no liability for service disruptions, hardware malfunctions, or communication errors beyond its direct control.

SECTION 26 – HIPAA AND DATA PRIVACY

Adapy, Inc. is committed to protecting your personal information. However, unless otherwise stated in writing, Adapy is not a covered entity under HIPAA and should not be relied on for storing Protected Health Information (PHI) subject to HIPAA regulations. Users and clinicians are responsible for ensuring data compliance based on the nature of their use.

SECTION 27 – DISPUTE RESOLUTION

By using the app, you agree to resolve any disputes with Adapy, Inc. through binding arbitration in the state of Utah, unless otherwise agreed in writing. You waive the right to participate in class action lawsuits, and agree that each dispute shall be resolved individually.

SECTION 28 – LIMITATION OF LIABILITY (REINFORCED)

To the fullest extent permitted by law, Adapy, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages—including but not limited to loss of profits, data, use, goodwill, or other intangible losses—resulting from your use of or inability to access the mobile application or Smart Mobility System.

SECTION 29 – WAIVER OF MEDICAL RISK

By using the Adapy system, you acknowledge and accept that the data provided is not intended to replace clinical evaluation or diagnosis. Adapy, Inc. disclaims any liability resulting from incorrect interpretations of usage data or reliance on the system as a primary source of medical insight.

SECTION 30 – SURVIVAL

The provisions of this Terms of Service Agreement, including but not limited to disclaimers of warranties, limitations of liability, indemnity, and dispute resolution, shall survive any termination of your use of the Adapy mobile app.

SECTION 31 – TELEMETRY, BLUETOOTH, AND NETWORK CONNECTIVITY NOTICE

The Adapy system relies on Bluetooth, mobile network, and/or Wi-Fi connectivity to operate as intended. Wireless interference, poor signal strength, or environmental conditions may affect performance. Adapy is not responsible for data transmission failures, latency, or errors caused by third-party connectivity issues.

SECTION 32 – EMERGENCY USAGE LIMITATION

The Adapy mobile app and Smart Mobility System are not intended for use in emergency situations. They do not connect to emergency services and should not be relied upon in any life-threatening or time-critical situations. Users should always have an alternative emergency response plan in place.

SECTION 33 – INTELLECTUAL PROPERTY

All Adapy content, including source code, software interfaces, graphics, brand marks, text, and designs, are the exclusive intellectual property of Adapy, Inc. Users agree not to copy, modify, reverse-engineer, republish, or redistribute any portion of the system without prior written consent.

SECTION 34 – THIRD-PARTY INTEGRATIONS

The Adapy mobile app may interact with third-party hardware and software platforms. Adapy does not warrant the functionality, availability, or reliability of these external integrations. Use of such services is governed by the third-party’s own terms and privacy policies.

SECTION 35 – EXPORT CONTROL

The Adapy application and related technologies may be subject to U.S. and international export laws and restrictions. You agree to comply with all applicable laws and not to export, re-export, or transfer the app or related data to countries or individuals prohibited by law.

SECTION 36 – USER DUTY OF CARE

Users are responsible for ensuring that Adapy-integrated equipment is installed and operated properly. Installation should only be conducted by qualified professionals. Adapy disclaims any liability for harm or malfunction arising from improper installation, unauthorized modifications, misuse of hardware or accessories, or failure to follow the operational guidelines provided by Adapy, Inc. or affiliated manufacturers.

SECTION 37 – HOLD HARMLESS AGREEMENT

By using the Adapy mobile app and Smart Mobility System, you agree to indemnify, defend, and hold harmless Adapy, Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Service;
your violation of any term of these Terms of Service;
your violation of any third-party right, including without limitation any copyright, property, or privacy right;
any claim that your use of the Service caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Adapy platform.

SECTION 38 – ANALYTICS, PERFORMANCE MONITORING, AND THIRD-PARTY DATA PROCESSORS

Adapy, Inc. may collect and analyze app engagement data such as session lengths, navigation patterns, feature usage, device type, OS version, and system performance metrics. This may be collected via embedded analytics tools or shared with third-party processors to:

Enhance app performance and usability
Inform product development and roadmap decisions
Assist clinicians and partners in evaluating system outcomes
Benchmark usage trends across populations

This data may be anonymized or aggregated and may be shared with manufacturers, researchers, clinicians, or partners under appropriate confidentiality obligations.

SECTION 39 – GEOLOCATION AND DEVICE TRACKING

The Adapy Smart Mobility System may collect and store GPS location data when equipment is used. This information may be used to:

Provide support and servicing insights
Improve route analysis or equipment access trends
Comply with government or third-party funding audits
Support analytics and development efforts

SECTION 40 – USAGE CYCLE MONITORING

The Adapy Smart Mobility System automatically tracks usage cycles of adaptive equipment including, but not limited to, lifts, ramps, and transfer seats. Each cycle may include the time of activation, device type, duration, completion status, and any associated errors or alerts.

This data is used to:

Forecast maintenance needs and wear trends
Support warranty and service scheduling
Alert users and dealers when equipment is nearing end-of-life
Provide compliance reports for clinicians, funding sources, and rehabilitation specialists

SECTION 41 – AUTOMATIC UPDATES, FIRMWARE REQUIREMENTS, AND FEATURE CHANGES

The Adapy mobile app, firmware, and Smart Mobility System components may periodically require updates to maintain security, functionality, compatibility, or regulatory compliance. These updates may include enhancements, bug fixes, performance improvements, new features, or hardware firmware patches.

By using the Adapy system, you agree to:

Receive and install automatic or prompted updates as released
Maintain your app and hardware firmware at current supported versions
Follow instructions provided by Adapy or authorized dealers to complete necessary updates

Failure to comply with these update requirements may:

Limit functionality
Void warranty or service agreements
Interrupt app compatibility or analytics delivery
Impair data integrity or system security

Adapy, Inc. is not responsible for any damage, data loss, or service disruption caused by outdated firmware, rejected updates, or failure to comply with update instructions. The Adapy mobile app may periodically install updates to improve functionality, security, or compatibility. These updates may occur automatically without prior notice. By using the app, you consent to receive these updates as an integral part of the ongoing service.

SECTION 42 – DEPENDENT SERVICES DISCLAIMER

The Adapy Smart Mobility System may rely on third-party operating systems, Bluetooth drivers, firmware updates, and wireless carriers. Adapy, Inc. is not liable for failures or errors that result from changes, bugs, or outages in those external systems.

SECTION 43 – CHILDREN’S DATA AND PARENTAL CONSENT

Adapy does not knowingly collect personal data from children under the age of 13. If the app is used on behalf of a minor, the supervising adult or legal guardian must provide consent to all data processing as described in these terms. Parents and guardians are responsible for ensuring compliance with all data protection and device safety guidelines.

SECTION 44 – ACCESSIBILITY COMMITMENT

Adapy, Inc. is committed to making its platform usable by individuals of all abilities. If you encounter an accessibility barrier while using the app or adaptive equipment, please contact us by one of the following methods:

Email: admin@adapy.com
Phone: 1-801-896-1846
Mail: 5724 W. 670 S. Unit 1A, Hurricane, UT 84737

We welcome all feedback related to accessibility and will make reasonable efforts to address and resolve any issues in a timely manner. so we can address the concern and improve the system accordingly.

SECTION 45 – JURISDICTIONAL COMPLIANCE DISCLAIMER

Adapy, Inc. makes no representation that the mobile app or Smart Mobility System complies with laws outside of the United States. It is the responsibility of users, clinicians, and dealers to comply with all applicable laws and regulatory frameworks in their jurisdiction, including but not limited to HIPAA, GDPR, and CCPA.

SECTION 46 – THIRD-PARTY HARDWARE DISCLAIMER

Adapy, Inc. does not manufacture, certify, or warrant any third-party adaptive equipment that connects with its system. Mechanical reliability, safety, and regulatory compliance of such hardware are the responsibility of the original equipment manufacturer (OEM). Users are encouraged to follow OEM guidelines and servicing schedules.

SECTION 47 – TRAINING REQUIREMENT DISCLAIMER

The Adapy Smart Mobility System is intended for use by individuals who have received proper training in its operation. It should not be operated by untrained users or caregivers without supervision. Adapy disclaims liability for misuse or injury resulting from use by unqualified individuals.

SECTION 48 – DATA INTERPRETATION LIMITATION

All data and analytics provided by the Adapy platform are intended to supplement—not replace—clinical judgment. Recommendations, interventions, or prescriptions should not rely solely on system-generated data without appropriate clinical evaluation by a licensed professional.

SECTION 49 – MOBILITY OPTICS DASHBOARD AND SHARED DATA VISIBILITY

The Adapy Mobility Optics Platform is a cloud-based reporting dashboard that compiles real-time and historical data from the Smart Mobility System. By using the Adapy platform and connected app, you acknowledge and agree that your equipment usage data, session history, error logs, and other relevant analytics may be stored, aggregated, and displayed within this dashboard.

The Mobility Optics Dashboard is accessible by:

Authorized clinicians (e.g., OTs and CDRS professionals)
Designated dealers and mobility service providers
Funding agencies and oversight administrators (e.g., VA, Medicaid, Voc Rehab)

This shared access is used to support:

Compliance with funding requirements
Monitoring of rehab goal progress
Equipment lifecycle and maintenance alerts
Streamlined reporting across provider networks

SECTION 50 – DATA SECURITY & BREACH DISCLAIMER

Adapy, Inc. takes reasonable steps to protect the integrity and confidentiality of your data. However, no system is completely immune to cyber threats or breaches. By using the Adapy app or connected services, you acknowledge that Adapy cannot guarantee absolute data security and agree that Adapy is not liable for unauthorized access, data loss, or corruption resulting from external breaches or causes beyond its control.

SECTION 51 – ACCURACY OF USER-ENTERED OR THIRD-PARTY DATA

Adapy, Inc. is not responsible for the accuracy or completeness of data that is manually entered by users, clinicians, dealers, or generated through third-party integrations. Errors, omissions, or misleading information resulting from such sources are outside Adapy’s control and responsibility.

SECTION 52 – USE OF AGGREGATED DATA FOR RESEARCH AND DEVELOPMENT

Adapy, Inc. may use anonymized or aggregated data for the purposes of internal research, system improvement, product development, academic publication, or public presentations. This may include publishing usage trends, clinical outcomes, and operational benchmarks gathered through the Adapy Smart Mobility System and Mobility Optics Dashboard.

No personally identifiable information will be disclosed or used without the user’s explicit written consent. All published findings will be aggregated or de-identified in accordance with applicable data privacy regulations and ethical guidelines. Adapy, Inc. may use anonymized or aggregated data for the purposes of internal research, system improvement, product development, or publication. This data will not include any personally identifiable information unless explicit, written consent has been provided by the user.

SECTION 53 – LIMITATION ON REAL-TIME MONITORING

The Adapy system is not a real-time emergency alerting or monitoring service. While usage and equipment data are collected and made available via reporting tools, the system does not monitor events or respond in real time. Users must independently ensure their safety and proper equipment use without reliance on live alerts or notifications.

SECTION 54 – OPT-OUT POLICY

Users may choose to opt out of certain non-essential data collection practices, such as marketing communications, anonymized performance analytics, or research-related data use, by contacting Adapy, Inc. at admin@adapy.com.

Opting out of data essential to the operation of the Smart Mobility System—such as equipment usage, diagnostics, or compliance tracking—may limit or disable features, affect technical support, and interfere with your ability to receive service or participate in state or federally funded mobility programs.

SECTION 55 – FORCE MAJEURE

Adapy, Inc. shall not be held liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, power failures, server outages, internet disruption, strikes, governmental regulations, pandemics, war, terrorism, or any other unforeseen events.

SECTION 56 – BUSINESS TRANSFER OR ACQUISITION

If Adapy, Inc. is involved in a merger, acquisition, sale of assets, or other business reorganization, your data and the rights under these Terms may be transferred to the acquiring or successor entity. You will be notified via email or app notice of any such ownership change.

SECTION 57 – SEVERABILITY AND WAIVER

If any provision of these Terms of Service is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

SECTION 58 – EXPERIMENTAL AND BETA FEATURE DISCLAIMER

Some components of the Adapy system may be labeled as Beta, Experimental, or Pilot features. These features are provided “as is,” may be incomplete, unstable, or changed without notice, and are not covered by support or warranty. Use of such features is at the user’s own risk.

SECTION 59 – INSURANCE AND FUNDING DISCLAIMER

Adapy provides tools and data to assist in generating reports used for insurance, Medicaid, VA, Vocational Rehabilitation, or grant justification. However, Adapy does not guarantee approval, reimbursement, or eligibility outcomes. All funding and reimbursement decisions are the sole discretion of the respective agencies or providers.

SECTION 60 – SURVEILLANCE AND TRACKING MISUSE WARNING

Adapy’s Smart Mobility System is not a surveillance or tracking platform. While it records usage and geolocation for clinical and compliance purposes, misuse of this data for unauthorized monitoring or surveillance may violate privacy laws. Users are solely responsible for ensuring lawful and ethical use of data.

SECTION 61 – ASSUMPTION OF RISK

By using the Adapy system, users acknowledge that adaptive equipment use carries inherent risks, including but not limited to physical strain, misuse, power failure, or environmental hazards. You assume full responsibility for your use of the system and agree that Adapy, Inc. is not liable for any injuries, damages, or consequences resulting from such use.

SECTION 62 – ELECTRONIC ACCEPTANCE AND BINDING EFFECT

By creating an account, logging in, installing the mobile application, or otherwise accessing or using the Adapy system, you affirmatively consent to these Terms of Service and agree to be legally bound by them. This consent is equivalent to a handwritten signature under the E-SIGN Act and other applicable laws.

SECTION 63 – NO OUTCOME GUARANTEE

Adapy, Inc. does not guarantee any specific outcome, mobility improvement, clinical benefit, or user satisfaction resulting from use of the Smart Mobility System or mobile app. Progress and success depend on individual factors, adherence to prescribed therapy, and external conditions beyond Adapy’s control.

SECTION 64 – LEGAL INTERPRETATION AND GOVERNING LAW SUPREMACY

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. If any provision of these Terms is found to be invalid or unenforceable under applicable local law, it shall be adjusted to reflect the parties’ original intent, and the remainder of the agreement shall remain in full force and effect.

SECTION 65 – ACCESSIBILITY LAW COMPLIANCE

Adapy, Inc. is committed to making its technology and services compliant with applicable accessibility laws and regulations, including but not limited to the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. We strive to conform to WCAG 2.1 accessibility standards and welcome feedback to help improve our services.

SECTION 66 – INTERNATIONAL USE LIMITATION

The Adapy platform is intended for use within the United States. If you choose to access or use the app or system from outside the U.S., you do so at your own risk and are solely responsible for compliance with local laws and regulations in your jurisdiction.

SECTION 67 – AUDIT RIGHTS FOR ENTERPRISE OR PARTNER ACCOUNTS

Adapy, Inc. reserves the right to audit or request compliance documentation from authorized partners, including but not limited to mobility dealers, clinicians, and funding agencies, to ensure that system use and data handling comply with these Terms and applicable regulations. Refusal to cooperate may result in suspension or termination of access.

SECTION 68 – THIRD-PARTY CERTIFICATION DISCLAIMER

Adapy, Inc. is an independent technology company. References to manufacturers, funding programs, or clinicians do not imply endorsement, certification, or approval unless explicitly stated. Use of Adapy does not guarantee compliance with third-party certification requirements or funding eligibility.

SECTION 69 – LIMITED LICENSE GRANT

Adapy, Inc. grants you a non-exclusive, non-transferable, revocable license to download, install, and use the Adapy mobile application and connected system solely for your personal, clinical, or authorized enterprise use. You may not copy, modify, distribute, sublicense, reverse engineer, or exploit any part of the system without express written permission, except as otherwise permitted by law.

SECTION 70 – DATA RETENTION POLICY

Adapy, Inc. retains usage and system data for as long as necessary to fulfill its operational, support, analytics, compliance, and legal obligations. After the data is no longer required, it may be securely deleted, anonymized, or archived in accordance with industry standards and applicable data protection laws.

SECTION 71 – ADA REASONABLE ACCOMMODATION STATEMENT

Adapy, Inc. will make reasonable efforts to accommodate users with accessibility needs in accordance with the Americans with Disabilities Act (ADA). Users who require specific accommodations or who encounter accessibility barriers may contact us at admin@adapy.com or 1-801-896-1846. Requests will be reviewed and addressed promptly and in good faith.

SECTION 72 – INSTITUTIONAL ADA COMPLIANCE DISCLAIMER

Adapy, Inc. provides assistive technology tools intended to support accessibility. However, use of the Adapy platform does not relieve institutions, agencies, service providers, or employers of their independent obligations under the ADA or other applicable accessibility regulations. Each organization is responsible for its own compliance and user accommodations.

SECTION 73 – BILLING, PAYMENT, AND COLLECTION POLICY

Adapy, Inc. may offer products or services through its mobile application, website, or authorized partners. You agree to pay all applicable fees associated with your use of Adapy products or services, including but not limited to hardware, subscriptions, data access, or support packages.

Payments are due as specified in your service agreement or checkout invoice. Failure to remit timely payment may result in late fees, service suspension, or referral to collections. Adapy, Inc. reserves the right to recover any costs incurred in pursuing unpaid balances, including legal fees, collection agency charges, and court costs. Recurring charges may be billed automatically until canceled in accordance with the terms of your subscription.

SECTION 74 – ACCOUNT CLOSURE AND DATA RETENTION POLICY

Upon account closure, your personal data and system usage history may be retained by Adapy, Inc. as long as necessary to:

Fulfill legal and regulatory obligations
Comply with warranty or service agreements
Support internal analytics or research (in anonymized form)
Respond to claims or dispute resolution needs

If required by law or upon formal written request, data may be deleted, anonymized, or archived securely. You may contact admin@adapy.com to inquire about data retention or initiate a closure and deletion request.

By maintaining an Adapy account, you consent to the data retention terms outlined herein.

SECTION 75 – RESTRICTION ON UNINTENDED USES

The Adapy mobile application, Smart Mobility System, and associated dashboards are designed for the monitoring, reporting, and management of adaptive mobility equipment for clinical, therapeutic, and compliance-related purposes only. You agree not to use the system for any other purposes, including but not limited to:

Personal tracking unrelated to mobility rehabilitation
Unauthorized surveillance or monitoring of others
Modifying or tampering with connected equipment
Integrating with non-approved third-party systems

Use of Adapy outside of its intended scope may result in service suspension, data loss, denial of support, legal liability, or termination of your account. Upon account closure, your personal data and system usage history may be retained by Adapy, Inc. as long as necessary to:

Fulfill legal and regulatory obligations
Comply with warranty or service agreements
Support internal analytics or research (in anonymized form)
Respond to claims or dispute resolution needs

By maintaining an Adapy account, you consent to the data retention terms outlined herein. Adapy, Inc. provides assistive technology tools intended to support accessibility. However, use of the Adapy platform does not relieve institutions, agencies, service providers, or employers of their independent obligations under the ADA or other applicable accessibility regulations. Each organization is responsible for its own compliance and user accommodations. Adapy, Inc. retains usage and system data for as long as necessary to fulfill its operational, support, analytics, compliance, and legal obligations. After the data is no longer required, it may be securely deleted, anonymized, or archived in accordance with industry standards and applicable data protection laws. Adapy, Inc. is an independent technology company. References to manufacturers, funding programs, or clinicians do not imply endorsement, certification, or approval unless explicitly stated. Use of Adapy does not guarantee compliance with third-party certification requirements or funding eligibility. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. If any provision of these Terms is found to be invalid or unenforceable under applicable local law, it shall be adjusted to reflect the parties’ original intent, and the remainder of the agreement shall remain in full force and effect. By using the Adapy system, users acknowledge that adaptive equipment use carries inherent risks, including but not limited to physical strain, misuse, power failure, or environmental hazards. You assume full responsibility for your use of the system and agree that Adapy, Inc. is not liable for any injuries, damages, or consequences resulting from such use. If any provision of these Terms of Service is found to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and our failure to enforce any right or provision shall not constitute a waiver of such right or provision. Users may choose to opt out of certain non-essential data collection practices, such as marketing communications, anonymized performance analytics, or research-related data use, by contacting Adapy, Inc. at admin@adapy.com.

To initiate an opt-out request, users must submit a written notice including their name, contact information, and a clear description of the data types they wish to opt out from. Requests will be processed in accordance with applicable laws and system limitations. The Adapy system is not a real-time emergency alerting or monitoring service. While usage and equipment data are collected and made available via reporting tools, the system does not monitor events or respond in real time. Users must independently ensure their safety and proper equipment use without reliance on live alerts or notifications. The Adapy Mobility Optics Platform is a cloud-based reporting dashboard that compiles real-time and historical data from the Smart Mobility System. By using the Adapy platform and connected app, you acknowledge and agree that your equipment usage data, session history, error logs, and other relevant analytics may be stored, aggregated, and displayed within this dashboard.

The Mobility Optics Dashboard is accessible by:

Authorized clinicians (e.g., OTs and CDRS professionals)
Designated dealers and mobility service providers
Funding agencies and oversight administrators (e.g., VA, Medicaid, Voc Rehab)

This shared access is used to support:

Compliance with funding requirements
Monitoring of rehab goal progress
Equipment lifecycle and maintenance alerts
Streamlined reporting across provider networks

By using the Adapy system, you grant Adapy, Inc. the right to store, display, and share such data through the Mobility Optics Platform as part of your participation in the connected mobility care ecosystem. All data and analytics provided by the Adapy platform are intended to supplement—not replace—clinical judgment. Recommendations, interventions, or prescriptions should not rely solely on system-generated data without appropriate clinical evaluation by a licensed professional. Adapy, Inc. is committed to making its platform usable by individuals of all abilities. If you encounter an accessibility barrier while using the app or adaptive equipment, please contact us at admin@adapy.com so we can address the concern and improve the system accordingly. The Adapy Smart Mobility System automatically tracks usage cycles of adaptive equipment including, but not limited to, lifts, ramps, and transfer seats. Each cycle may include the time of activation, device type, duration, completion status, and any associated errors or alerts.

This data is used to:

Forecast maintenance needs and wear trends
Support warranty and service scheduling
Alert users and dealers when equipment is nearing end-of-life
Provide compliance reports for clinicians, funding sources, and rehabilitation specialists

By using the system, you consent to Adapy recording and analyzing this usage data as part of its core functionality and sharing relevant insights with authorized service partners and clinical professionals under confidentiality protections. The Adapy Smart Mobility System may collect and store GPS location data when equipment is used. This information may be used to:

Provide support and servicing insights
Improve route analysis or equipment access trends
Comply with government or third-party funding audits
Support analytics and development efforts

Location data may be shared with authorized parties such as clinicians, equipment manufacturers, funding programs, and dealers for support, reporting, or compliance purposes. You may disable GPS permissions at the device level; however, doing so may impair system functionality or limit technical support services. By using the Adapy mobile app and Smart Mobility System, you agree to indemnify, defend, and hold harmless Adapy, Inc., its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

your use of and access to the Service;
your violation of any term of these Terms of Service;
your violation of any third-party right, including without limitation any copyright, property, or privacy right;
any claim that your use of the Service caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Adapy platform.

SECTION 76 – EQUIPMENT DATA COLLECTION & CONSENT POLICY

By using the Adapy mobile application and Smart Mobility System, including any connected devices and dashboards, you explicitly consent to the collection, transmission, processing, storage, and sharing of equipment usage data generated through the system.

1. Data Collected

The Adapy Smart Mobility System may collect the following types of usage data:

Activation timestamps of adaptive equipment
Session frequency and duration
Device identifiers (e.g., lift, ramp, transfer seat)
Peak usage times
Error codes, malfunctions, and recalibration triggers
Equipment health status and lifecycle estimates
(Where applicable) GPS location data related to usage

2. Purpose of Data Collection

This data is collected for the following purposes:

To monitor performance, reliability, and safety of adaptive equipment
To provide compliance-ready documentation for insurance, Vocational Rehabilitation, Medicaid, grant programs, or other funding sources
To assist occupational therapists (OTs), Certified Driver Rehabilitation Specialists (CDRSs), and other clinicians in patient progress tracking and care planning
To support dealers and manufacturers with warranty claims, maintenance alerts, and technical diagnostics
To improve system performance and inform future feature development by Adapy

3. Third-Party Data Sharing

By accepting these Terms, you grant Adapy, Inc. the right to share your equipment usage data, in anonymized or user-linked formats as appropriate, with the following authorized third parties:

Equipment Manufacturers whose hardware

Certified Driver Rehabilitation Specialists (CDRS)

Occupational Therapists and clinicians assigned to your care

Authorized Adapy Dealers and Distributors