1. Agreement to Terms
By downloading, installing, or using ManagedPainCare (the “App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you (“User”) and Platinumaire LLC, a New Jersey limited liability company (“Company,” “we,” “our,” or “us”). The App is licensed to you, not sold.
2. Medical Disclaimer — Please Read Carefully
ManagedPainCare is a personal health tracking tool. It is NOT:
- A medical device
- A diagnostic tool
- A substitute for professional medical advice, diagnosis, or treatment
- A replacement for your physician, pharmacist, or other healthcare provider
The pain patterns, correlations, predictions, and reports generated by ManagedPainCare are for personal informational purposes only. They do not constitute medical advice.
ALWAYS consult a qualified healthcare professional before making any changes to your medications, treatment plan, or health decisions. Never disregard professional medical advice or delay seeking it because of something you read in this App.
In a medical emergency, call 911 or your local emergency number immediately.
3. License Grant
Subject to your compliance with these Terms, Platinumaire LLC grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial use.
You may NOT:
- Copy, modify, or distribute the App or any portion of it
- Reverse engineer, decompile, or disassemble the App
- Use the App for any commercial purpose without written permission from Platinumaire LLC
- Remove any copyright, trademark, or other proprietary notices from the App
- Use the App in any way that violates applicable law or regulation
4. FDA General Wellness Designation
ManagedPainCare is intended as a general wellness product. It is designed to help users maintain or encourage a healthy lifestyle by logging daily health factors, medications, and activities for personal awareness.
The App is not intended to diagnose, cure, treat, mitigate, or prevent any disease or medical condition. It does not meet the definition of a medical device under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and is not subject to FDA oversight as a medical device.
5. User Responsibilities
By using the App, you agree to:
- Provide accurate information to the extent you choose to provide it
- Use the App only for lawful purposes
- Take sole responsibility for how you act on any information the App displays
- Consult a healthcare professional before making any medical decisions
- Keep your device secure, as all of your health data is stored locally on it
You are solely responsible for any health or medical decisions you make based on information displayed in the App. Platinumaire LLC is not responsible for any consequences of such decisions.
6. Health Data and Privacy
Your use of the App is also governed by our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.
All health data you enter into the App is stored locally on your device. We do not transmit, sell, or share your health data with third parties except as described in the Privacy Policy. You own your data.
7. Accuracy of Information
The App uses third-party data sources including weather APIs, air quality APIs, lunar data, and drug reference databases (NIH RxNorm, OpenFDA). While we strive to provide accurate data, we make no warranties regarding the accuracy, completeness, or reliability of any information displayed in the App.
Pain predictions and correlations generated by the App are based solely on the data you have entered. They are statistical observations, not medical conclusions. Predictions require a minimum of 30 days of data and improve over time. Early predictions may be inaccurate.
8. Intellectual Property
The App, including all content, features, code, design, and functionality, is owned by Platinumaire LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
The Platinumaire name and logo, ManagedPainCare name and logo, and all related marks are trademarks of Platinumaire LLC. You may not use these marks without prior written permission.
The health data you enter into the App belongs to you. By entering data, you do not grant Platinumaire LLC any rights to that data beyond what is described in the Privacy Policy.
9. Disclaimers and Limitation of Liability
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLATINUMAIRE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PLATINUMAIRE LLC'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
10. Indemnification
You agree to indemnify, defend, and hold harmless Platinumaire LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the App or your violation of these Terms.
11. Termination
We reserve the right to terminate or suspend your access to the App at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or the integrity of the App.
You may stop using the App at any time. Uninstalling the App will remove all locally stored data from your device. This action is permanent and cannot be undone.
12. Premium Features
The App currently offers core features at no cost. If premium features are introduced in the future, the following will apply:
- Premium features will be clearly identified within the App
- Pricing and billing terms will be disclosed before any purchase
- Purchases are processed through Google Play and subject to Google's refund policies
- Platinumaire LLC reserves the right to modify, suspend, or discontinue premium features with reasonable notice
13. Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of law provisions.
Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in New Jersey under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement claims.
You waive any right to participate in a class-action lawsuit or class-wide arbitration against Platinumaire LLC.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. If the changes are material, we will notify you through the App before they take effect.
Your continued use of the App after updated Terms are posted constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using the App.
15. Contact Us
Questions about these Terms? Contact us at:
- legal@platinumaire.com
- Website
- platinumaire.com
- Mailing address
- Platinumaire LLC
6121 Longwood Avenue
Mays Landing, NJ 08330
United States