Thank you for joining the Porchlight Health community. Your use of our mobile application (“App”) is governed by these Terms of Service. By using the App, you agree to be bound by, and use the App in compliance with, these Terms of App.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE APP.

The terms “you,” “your,” and “yours” refer to you, the user of the App.  The terms “Porchlight Health” “we,” “us,” and “our” refer to Support Tribe, Inc. dba Porchlight Health.  This agreement exists solely between you and Support Tribe, Inc.  We may periodically make changes to these Terms of App.  It is your responsibility to review the most recent version of these Terms of App frequently and remain informed of any changes to it.  You agree that your continued use of the App after such changes have been published to the App shall constitute your acceptance of such revised Terms of App.

Nature of the App

The App enables one-on-one connection through quick daily check-ins and check-ups with your loved ones.  Use of the App requires a compatible mobile device and access to a data network.  Third party data use fees may apply.

Use of the App

The App is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of App or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the App; (b) rent, lease, or sublicense access to the App; nor (c) circumvent or disable any security or technological features or measures of the App.

FREE Trials

From time to time, we may offer free trials of Paid Subscriptions for a specific period without payment or at a reduced rate (a “FREE Trial”).  Support Tribe may determine your eligibility for a FREE Trial, and withdraw or modify a FREE Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some FREE Trials, we will require you to provide payment details to start the FREE Trial.  By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the FREE Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH COYS, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

Billing

You may purchase a Paid Subscription directly from Porchlight Health or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Porchlight Health Service for a specific time period (“Pre-Paid Period”).

Porchlight Health may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Porchlight Health Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

Renewal; Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Porchlight Health or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by CLICKING HERE if you purchased the Paid Subscription through Porchlight Health, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription periods.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Paid Subscription through a third party, you must cancel directly with that third party.

Access and Modifications to the App

We do not provide you with the equipment to access the App.  You are responsible for all fees charged by third parties to access the App (e.g., charges by mobile device service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the App without notice.  We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting by you, or to restrict, suspend, or terminate your access to the App at any time, for any or no reason, with or without prior notice, and without liability. 

You must be 13 or older to register as a user or to use the App.  If you are a minor, you must have your parents’ permission to donate through the App. We reserve the right to require further evidence of parental consent prior to accepting any donation.  If you are a parent and your child has used the App without your permission, please contact us at support@porchlight.health for further assistance.

Restrictions

You must comply with all applicable laws when using the App.  Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Support Tribe or its users on the App (“Content”) or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the App or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the App to another person; (d) use the App or Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the App; (f) use the App in a manner that threatens the integrity, performance, or availability of the App; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the App or Content.

Links and Third Party Content

The App may contain links to third party products, services, and websites.  We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites.  We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Submissions

The App may allow you and other third parties to post information to the App. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the App are those of the respective authors or producers and not of Support Tribe, or its officers, directors or employees. 

You agree that Support Tribe is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the App and our products and services. Furthermore, by posting any Submission on the App, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.  By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the App does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.  You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the App.  

Use Restrictions

You are solely responsible for any content and other material that you submit, publish or display on the App or transmit to third parties.  

You will not use the App to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Support Tribe or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; (k) collect or store personal data about other users.

If you see content on the App that violates these use restrictions, please contact Support Tribe at support@porchlight.health. 

Disclaimer of Warranties

YOUR USE OF THE APP AND CONTENT IS AT YOUR SOLE RISK.  THE APP AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SUPPORT TRIBE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APP AND CONTENT, AND YOU RELY ON THE APP ANDCONTENT AT YOUR OWN RISK.  ANY MATERIAL OBTAINED THROUGH THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APP.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPPORT TRIBE OR THROUGH OR FROM THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  SUPPORT TRIBE MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE APP PROVIDED BY THIRD PARTIES.  SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  

Limitation of Liability

SUPPORT TRIBE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUPPORT TRIBE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE APP AND CONTENT.  UNDER NO CIRCUMSTANCES WILL SUPPORT TRIBE’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE APP OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100).  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@porchlight.health and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the App where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold Support Tribe, and its subsidiaries, affiliates, officers, agents, and employees (the “Indemnified Parties”), harmless from any costs, damages, expenses, and liability caused by your use of the App or Content, your violation of these Terms of App, or your violation of any rights of a third party through use of the App or Content.  For the sake of clarity, this indemnity will cover any claims against the Indemnified Parties arising in connection with personal injury or death occurring in connection with transportation services provided by you or your representatives (e.g., your spouse or other caregivers) or received by you or your representatives (e.g., members of your family, other caregivers, your children, or other children under your care)

Updates to the App and Terms of App

We may occasionally update the App and these Terms of App.  When we do, we will revise the “last updated” date on these Terms of App. You should check the App and these Terms of App frequently to see recent changes.  Your continued use of the App after such changes will be subject to the then-current terms of service.  This version of these Terms of App shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of App will be governed by Washington law, excluding its conflict and choice of law principles.  The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of App or your use of the App will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts.  The failure of Support Tribe to enforce any right or provision in these Terms of App will not constitute a waiver of such right or provision unless acknowledged and agreed to by Support Tribe in writing.  In the event that a court of competent jurisdiction finds any provision of these Terms of App to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Support Tribe

If you have any questions or concerns about the App or these Terms of App, please send us a thorough description by email to support@porchlight.health, or write to us at:

Support Tribe, Inc., 2120 Alamosa Dr, Colorado Springs, CO 80920