Effective Date: May 6, 2020

Inova Labs, Inc. (dba Aria Health™) (referred to here as “Aria Health,” “we,” “us,” or “our”) are the providers of the Aria by Aria Health. These Terms of Use (the “Terms”) govern your use of the Aria by Aria Health mobile application, our website https://www.aria-therapy.com/, and any related contents and services, including software embedded in the Aria pump, and any other products or services provided by us now or in the future as part of the Aria family of products (collectively, “Aria“). Please read these Terms and the corresponding App Privacy Policy, and Website Privacy Policy which discuss how we collect, process, and disclose personal information through Aria.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE, WHICH REQUIRES YOU TO ARBITRATE MOST DISPUTES BETWEEN ARIA HEALTH AND YOU. IF YOU DO NOT AGREE TO THIS CLAUSE, DO NOT USE ARIA.

  1. Acceptance of Terms

By using Aria, you agree to comply with and be legally bound by these Terms, whether or not you become a registered user of Aria. These Terms govern your access to and use of Aria and constitute a binding legal agreement between you and Aria Health. If there is a conflict between these Terms and any terms and conditions posted for any additional Aria Health services separate and apart from these Services, the latter terms and conditions will take precedence with respect to your use of those services.

Aria is licensed, not sold, to you for your use only under these Terms. These terms grant you the right to use Aria in accordance with the instructions that we provide. These Terms grant you a non-exclusive, worldwide, non-transferrable, non-sublicensable, limited license to perform, display and use Aria on a compatible mobile device.

  1. Modification

Aria Health reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification or otherwise provide you with notice of the modification. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use Aria, you indicate that you agree to be bound by any modified Terms.

  1. Eligibility

Aria is intended solely for persons who are at least 18 years old. By accessing or using Aria you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may not use Aria.

  1. Aria Set-Up

In order to access and use Aria, you represent and warrant:

  • the information you provide or connect to Aria Health is true, accurate, current, and complete;
  • you are at least 18 years of age; and
  • you will maintain and promptly update the information you provide to keep it at all times true, accurate, current, and complete.

You are solely responsible for maintaining the strict confidentiality of your account, and for any and all damages or losses that may be incurred or suffered as a result of any activities on your account. You agree not to allow another person to use Aria as you.

Aria is not designed or intended to appeal to minors. All users of Aria are required to represent that they are at least 18 years old, and Aria Health does not knowingly collect information from children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information about their consent, he or she should contact us at privacy@aria-therapy.com so we can promptly delete that information.

  1. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of Aria. You further agree that you will not:

  • violate these Terms;
  • access or use our Services to use, expose, or allow to be used or exposed, any content that Aria Health does not make available through Aria, including any content licensed from a third party that is not already publicly displayed by Aria Health, that in any way is inconsistent with these Terms or our Privacy Policy, or that in any way that violates the privacy rights or any other rights of any users or third party;
  • use Aria in a manner that falsely implies Aria Health’s endorsement, partnership, or otherwise misleads others as to your affiliation with Aria Health;
  • interfere with or damage our Services;
  • use our Services to transmit any information concerning any other person or entity, including without limitation, photographs of others, without their permission;
  • use Aria as an individual other than yourself, or allow another individual other than you to use Aria as you;
  • impersonate any person or entity, submit information to Aria that are false or misleading, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity.
  • copy, distribute, perform, or display any Services content.
  • derive specifications from, reverse engineer, reverse compile, disassemble, translate, record, or create derivative works based on Aria or any Services content.
  • use Aria, or any Services content, in a way that is abusive, deceptive, or unlawful.
  • re-identify Services content.
  • reveal or attempt to reveal to anyone, for any reason, the identity of any user or any individual who is the subject of any Services content.
  1. Purchases

If you wish to purchase any product or service made available through Aria (each a “Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card  number and expiration date, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  1. Collection and Use of Data

As you use Aria, Aria Health will gather and use information about you for a variety of lawful purposes, including to provide, support and improve Aria, to integrate it with third-party service providers, and to create anonymized data that may be used for lawful business purposes. Aria Health’s collection and use of data through Aria is governed by, and described in more detail in our App Privacy Policy and our Website Privacy Policy. By using Aria, you agree to be bound by the terms of these policies.

  1. Third-Party Links

Aria may contain links to third party web sites or services that are not owned or controlled by us. Because we have no control over the content, policies or practices of these third party web sites or services, you agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

  1. Intellectual Property

Aria, including all content, text, images, data, information and other material displayed, available or presented or available through Aria, is protected by copyright, trademark, and other laws of the United States. You agree that Aria, and all associated intellectual property rights, however described, in Aria, are the exclusive property of Aria Health, its affiliates, and its licensors, and are protected by applicable intellectual property laws. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Aria.

  1. Copyright Policy

Aria Health respects copyright law and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Aria Health will respond expeditiously to claims of copyright infringement committed using the Diagnosis Services that are reported to us, provided they meet the criteria below.

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through Aria by providing us the following information:

  • the identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;
  • the material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on Aria where such material may be found;
  • your mailing address, telephone number, and, if available, email address;
  • a statement that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in this Notice is accurate and, under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  • your full legal name and your electronic or physical signature.

You may deliver this notice, with all items completed, to us:

Copyright Agent

Aria Health

7581 Convoy Ct.

San Diego, CA 92111

Or

legal@aria-therapy.com

Upon receipt of the Notice as described below, Aria Health will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Aria.

  1. Feedback

We encourage you to provide feedback, comments, and suggestions for improvements to Aria (“Feedback”). You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback that allows us to use and exploit the Feedback for any purpose.

  1. Disclaimers

The content available through Aria is for informational, personal and educational purposes only, and is not a substitute for the professional judgment of a qualified healthcare professional in diagnosing and treating patients. We do not, through Aria or any other available products or services, provide medical advice, nor do we provide medical prescriptions, treatments, or diagnostic services. Additionally, your use of Aria and any other information that we provide in connection with your use of Aria or any other Aria Health products or services does not establish a physician-patient relationship.

DO NOT USE ARIA FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES, CALL 911 OR YOUR LOCAL EMERGANCY ASSISTANCE NUMBER.

ARIA IS PROVIDED “AS IS” AND WITH ALL FAULTS. ARIA HEALTH HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, OR GUARANTEE, WHETHER ORAL OR IN WRITING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARIA HEALTH OR THROUGH ARIA WILL CREATE ANY WARRANTY.

  1. Limitation of Liability

ARIA HEALTH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ARIA HEALTH (INCLUDING WITHOUT LIMITATION YOUR USE OF ARIA) IS TO DISCONTINUE YOUR USE OF ARIA WITHIN THE LIMITATIONS SET OUT BY STATUTORY LAW. ARIA HEALTH AND ITS VENDORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF ARIA OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH ARIA HEALTH. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ARIA HEALTH HAD BEEN ADVISED OF THE POSSIBILITY OF THEM AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. ARIA HEALTH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ARIA AND WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF ARIA HEALTH WILL BE LIMITED TO, AT THE SOLE DISCRETION OF ARIA HEALTH, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR ARIA RECEIVED BY ARIA HEALTH FROM YOU.

  1. Indemnity

You agree to defend, indemnify, and hold Aria Health and its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of Aria or your violation of these Terms.

  1. Term and Termination

These Terms are effective and binding on you when you begin using Aria, and will remain in effect for as long as you continue to use Aria or until they are amended or modified by Aria Health according to § 2, or terminated by Aria Health according to this section. Aria Health may immediately, without notice, terminate these Terms and disable your access to Aria if Aria Health, in its sole discretion, determines that (i) you have breached these Terms; (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during account registration; (iii) you have violated applicable laws, regulations or third party rights; or (iv) Aria Health believes in good faith that such action is reasonably necessary to protect the safety or property of other users, Aria Health, or third parties. Aria Health may, at any time, and for any reason or no reason whatsoever, choose to cease providing Aria.

  1. No Waiver; Severability

The failure of Aria Health to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Aria Health. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

  1. Governing Law

These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of California. Except where such claims are barred by the Dispute Resolution section below, any action based on, relating to, or alleging breach of these Terms must be brought in state or federal courts in San Diego County, California. You agree to submit to the personal jurisdiction the state and federal courts for California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, or patents. Aria Health and you agree that all disputes arising under these Terms will be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding

  1. Dispute Resolution

Under these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by confidential binding arbitration administered by the American Arbitration Association (AAA) in San Diego, California, or another forum mutually agreed upon by you and Aria Health, pursuant to the Commercial Arbitration Rules of the AAA by a sole arbitrator nominated by agreement of you and Aria Health and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Aria Health may select another arbitral body at its sole discretion. The arbitrator’s award will be binding and may be entered as a judgment in a court of competent jurisdiction. This clause shall not preclude Aria Health from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, or patents.

  1. Entire Agreement

These Terms constitute the entire agreement between you and the Aria Health regarding your use of Aria. If any term or provision of these Terms is found to be invalid, illegal or otherwise unenforceable, such a finding will not affect the other terms or provisions of these Terms, or the whole Terms, but such a term or provision will be deemed modified to the extent necessary to render such a term or provision enforceable, and the rights and obligations of you and Aria Health will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. Your obligations pursuant to these Terms will survive termination of any use by you of Aria, or these Terms.

  1. Contact Us

If you have any questions about Aria Health or these Terms, you can contact us at