Amendments to Terms of Service
DiafanisRx reserves the right to change these Terms of Service, our Privacy Policy, and any of its other terms, conditions and rules relating to the Site at any time. DiafanisRx will notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Service regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
Eligibility
This Site is available only to individuals who reside in the United States of America and are at least 13 years old. DiafanisRx may, in its sole discretion, refuse to offer the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Site Access and Registration
As a condition to using certain aspects of the Site, you may be required to register with DiafanisRx by either linking to your existing Google or Facebook account or creating a username and password. We strongly encourage you to create a username that excludes any personal information. You are responsible for the security of online access to this Site, including access to any user account, and you must protect the confidentiality of your username and password. You should not share your password or username with any other person or entity other than your parent or guardian, if applicable. You are solely responsible for verifying the accuracy of all activity under your account. You should contact DiafanisRx immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Site that make use of your password or username. You represent and warrant that any registration information you submit is accurate and truthful.
Use of Site, Materials, and Services
Through this Site, DiafanisRx may make available to you: (a) certain text,
information, data, images, illustrations, documents and other materials (collectively, “Materials”); and (b)
various services, tools, software, and functionality (collectively, “Services”). DiafanisRx and its
licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access,
view, download, print, use and display the Materials solely for your own informational and non-commercial
use. In these Terms of Service, all references to the Site shall be deemed to include all Materials and
Services unless otherwise expressly indicated. All rights not expressly granted by DiafanisRx to you are
retained by DiafanisRx and its licensors, and you may not use the Site and/or any element of the Site in any
manner or for any purpose not expressly authorized by these Terms of Service. The rights granted to you do
not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress
and other laws and may not be copied or imitated in whole or in part.
DiafanisRx and its licensors own and shall retain all rights, title and interests, including all
intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses
granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any
element thereof. The Site Materials, design, text and graphics, and the selection and arrangement of such
elements are copyrighted and are protected by worldwide copyright laws and treaty provisions.
Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the
trademark rights of DiafanisRx, its licensors, and its business partners. You shall not: (a) remove or
destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or
create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign,
sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e)
reproduce or make copies of the Site; (f) "frame" or "mirror" the Site on any other server or Internet-based
device; (g) access, view, download, print, use and/or display the Site for any commercial or other
money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or
(i) use any meta tags or any other "hidden text" utilizing DiafanisRx' name or trademarks without our
express written consent. You acknowledge that certain elements of the Site are, or may in the future be,
licensed to DiafanisRx by third parties and that the availability of such elements may cease automatically,
without notice or liability on the part of DiafanisRx. Our trademarks and trade dress may not be used by you
without our prior written consent. All other trademarks not owned by DiafanisRx that appear on this Site are
the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored
by DiafanisRx.
Copyright Disputes
If you believe any content or other materials on our Site infringes a copyright you own or control, you may report such infringement to us in accordance with the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) by submitting a complaint to: _______.
Prohibited Behaviors
Your ability to use this Site depends on your compliance with the conduct guidelines set forth in these Terms of Service. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Site and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Site. You agree not to engage in:
- Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.
- The unauthorized access, monitoring, collection, or use of data, systems or networks.
- Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.
- Offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.
In addition, you must comply with all applicable laws, rules and regulations related to your use of the Site, including data protection and privacy laws.
Feedback
If you provide DiafanisRx with any comments, suggestions or other feedback with respect to the products, the Site or any component thereof (collectively, “Feedback”), DiafanisRx, without any restrictions, has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Site, without obligation to you. DiafanisRx will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of DiafanisRx resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Site.
Consent to Collection and Use of Usage Data
You agree that we may collect, use and share certain information about you and your use of the Site, including but not limited to information you provide to the Site, technical information about our Site, your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Site (collectively, “Usage Data”). DiafanisRx uses Usage Data to improve the Site and our offerings, facilitate the provision of Site updates, and provide support and other service to you. Usage Data is automatically transmitted to DiafanisRx by the Site. You acknowledge and agree that DiafanisRx retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. DiafanisRx may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.
Privacy
We have a policy that addresses the privacy of your personal information. Your use of our Site is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Site. We reserve the right to monitor some, all, or none of the areas of this Site for adherence to these Terms of Service.
No Medical Advice
This Site and all Materials and Content available through the Site are for informational purposes only, and do not contain or constitute, and should not be interpreted as, medical advice or opinion. We make no representation or warranty, and expressly disclaim any representation or warranty, whether express or implied, with regard to the Site. The Site and its Materials are not a substitute for the advice of a medical professional, and the information made available through the Site should not be relied upon when making medical decisions or to diagnose or treat a health condition. Consult with your care provider prior to making any decisions based on this Site. You assume full responsibility for any decision or action taken in reliance on content made available through the Site and the results of the same.
Third Party Service Providers
DiafanisRx may use third party service providers to help develop and maintain this Site and to provide specific services offered through this Site. You agree that the terms and conditions set forth in these Terms of Service inure to the benefit of any third-party service providers engaged by DiafanisRx. All references to DiafanisRx are deemed to include its agents and service providers.
Third Party Information
When you are on the Site, you will be provided with information from third-party sources and could be directed to other sites that are beyond DiafanisRx's control. DiafanisRx is not responsible for the content of any third-party material or sites owned or controlled by a third party. DiafanisRx provides such links and information only as a convenience to you. If you decide to access any third-party sites linked to this Site or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Territory
DiafanisRx operates this Site from the United States. DiafanisRx makes no representation that content and materials on this Site are legal or appropriate for use outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS SITE, INCLUDING ALL MATERIALS, SERVICES, INFORMATION AND OTHER
CONTENT AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED BY DIAFANISRX AND ITS PARTNERS "AS IS", WITHOUT
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY,
ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS
ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE DIAFANISRX AND ITS THIRD-PARTY LICENSORS AND SERVICE
PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS, AND LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE
INFORMATION PROVIDED ON THIS SITE IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES
ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU
ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS
AND THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH DIAFANISRX MAY
UPDATE THIS SITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. DIAFANISRX DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED
ON THIS SITE.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL DIAFANISRX, ITS AFFILIATES, ITS
LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE SITE, OR YOUR
USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN
IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST
EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF
THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. DIAFANISRX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DELAY OR FAILURE IN THE SITE, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE SITE, RESULTING
FROM CAUSES OUTSIDE OF DIAFANISRX CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES,
FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in
these Terms of Service, so the above limitations may not apply to you. To the extent such warranties or
liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties
and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless DiafanisRx, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site, your connection to this Site, your violation of these Terms of Service or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Service. You are solely responsible for your actions when using this Site, including, but not limited to, costs incurred for Internet access.
Termination
DiafanisRx may terminate your access to this Site at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Service or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Site. Provisions that survive termination of these Terms of Service are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms of Service and
DiafanisRx's rights in the Site, these Terms of Service will be governed exclusively by Michigan law and
controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction. You expressly agree that any litigation or dispute arising between you and DiafanisRx related,
in any way, to the Site and/or these Terms of Service, and/or any and all disputes, actions, claims, or
causes of action related thereto, shall be initiated and maintained before the Circuit Court for Kent
County, Michigan or the United States District Court for the Western District of Michigan. You expressly
consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable,
and all other provisions of these Terms of Service shall remain in full force and effect.
The failure of DiafanisRx to enforce any right or provision in these Terms of Service shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by DiafanisRx in writing. No waiver
shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a
party's right or remedy will affect the other provisions of these Terms of Service.
Additional Terms for Apple Users
In addition to all other terms contained herein, if you download our application from Apple, Inc. (“Apple”), you agree to the following:
- Acknowledgement. You acknowledge that these Terms of Service are concluded between you and DiafanisRx only, and not with Apple. DiafanisRx and not Apple, is solely responsible for the Site and the content thereof.
- Usage Limitations. Your use of the Site is subject to the Usage Rules set forth in the Apple App Store Terms and Conditions.
- Maintenance and Support. You and DiafanisRx acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with regard to the Site.
- Failures. In the event of any failure of the Site to conform to any applicable warranty, you may notify Apple, and, if applicable, Apple will refund the purchase price for the Site to you. To the maximum extent permitted by applicable law, Apple has and will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be DiafanisRx’s sole responsibility.
- Third Party Claims. DiafanisRx, and not Apple, is responsible for addressing any claims made by you or a third party relating to the Site or your possession and/or use of the Site, including, but not limited to: (a) product liability claims; (b) any claims that the Site fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and DiafanisRx acknowledge that, in the event of any third party claim that the Site or your possession and use of the Software infringes that third party’s intellectual property rights, DiafanisRx, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Third Party Beneficiary. You understand and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary hereof.
Developer Name and Address
This Site was developed by DiafanisRx, LLC, with an address of _______.
How to Contact Us
If you have any questions, complaints or claims about this Site, please contact us as follows:
[Address]
Email: [Email]
Phone: [Phone]
These Terms of Service were last updated January 15, 2026.