Terms of Use

1.1 Not an Emergency Service. IAMFINE IS NOT AN EMERGENCY SERVICE, NOT A MEDICAL DEVICE, NOT A MEDICAL ALERT SYSTEM, AND NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE OR MONITORING. For Customers in the USA – IN THE EVENT OF AN EMERGENCY DIAL 9-1-1. For customers based outside of the USA please dial your National Emergency number.

1.2 Not a Medical Service. IAMFINE IS NOT DESIGNED, INTENDED, OR SUITABLE FOR ANY MEDICAL PURPOSES INCLUDING BUT NOT LIMITED TO DIAGNOSIS, TREATMENT, CURE, OR PREVENTION OF ANY DISEASE OR MEDICAL CONDITION. THIS SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

1.3 No Guaranteed Response Time. IAMFINE MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING HOW QUICKLY (IF AT ALL) CARE CIRCLE MEMBERS WILL BE NOTIFIED, RECEIVE NOTIFICATIONS, OR RESPOND TO NOTIFICATIONS. Notification delivery depends on third-party services (email providers, SMS carriers, phone networks) that are outside of Iamfine's control. DELAYS IN NOTIFICATION OR FAILURE TO NOTIFY ARE POSSIBLE AND CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH SUCH DELAYS OR FAILURES.

1.4 Service Limitations. Customer acknowledges and agrees that the Iamfine Services and the Infrastructure are not warranted to be suitable in life-threatening or other emergency situations where the failure or potential failure of the Iamfine Services or the Infrastructure can cause injury, harm, death, property damage, or other grave problems, including, without limitation, delays in getting medical care or other emergency services.

1.5 Technical Dependencies. Customer acknowledges and agrees that the Infrastructure relies upon the Internet and telephone network and so Iamfine may experience interruptions, errors or omissions with respect to the Iamfine Services due to technical issues, acts of God, telecommunications failures, power outages, equipment failures, software bugs, cyber attacks, or other acts or omissions that may be within the control of Iamfine or outside the control of Iamfine.

1.6 No Monitoring or Supervision. IAMFINE DOES NOT PROVIDE HUMAN MONITORING, SUPERVISION, OR OVERSIGHT. The service is fully automated. No human operator reviews check-in responses or makes decisions about when to send alerts. Customer acknowledges this is not a monitored service.

2.1 Required Authorizations. Account Owner represents and warrants that Account Owner has obtained (or will obtain prior to the first transmission of the Iamfine Services) the authorization of Care Circle members and Loved One:

• (a) to subscribe to the Iamfine Services;
• (b) to create, maintain, use and transmit personal and other information regarding Loved One to Care Circle members and Account Owner;
• (c) to enter into these terms and conditions on behalf of Care Circle members and Loved One.

2.2 Customer Responsibility. Customer acknowledges and agrees that they are solely responsible for the selection of Care Circle members and the Loved One and for the selections made on the Iamfine website with respect to the configuration and use of the Iamfine Services. Customer is responsible for all content transmitted through the Iamfine Services.

3.1 Voluntary Use. CUSTOMER VOLUNTARILY USES THE IAMFINE SERVICE WITH FULL KNOWLEDGE AND UNDERSTANDING THAT THE SERVICE HAS LIMITATIONS AND MAY FAIL OR NOT PERFORM AS EXPECTED.

3.2 Inherent Risks. Customer understands and expressly assumes all risks associated with using an automated check-in service, including but not limited to risks of:

• Service failures, interruptions, or delays
• Failed or delayed notifications to Care Circle members
• Care Circle members not receiving, seeing, or responding to notifications
• Technical failures of phone systems, internet, or other infrastructure
• Software bugs, errors, or malfunctions
• Inability to detect actual emergencies or medical conditions
• False alarms or missed check-ins due to user error
• Any injury, harm, death, or property damage that may result from service failure or delay

3.3 Waiver of Claims. BY USING THIS SERVICE, CUSTOMER EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST IAMFINE ARISING FROM SERVICE FAILURES, DELAYS, ERRORS, OR ANY HARM THAT MAY RESULT FROM USING OR RELYING UPON THE SERVICE.

4.1 Indemnification. Customer agrees to indemnify, defend, and hold harmless Iamfine, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to Customer's use or misuse of the Iamfine Services.

4.2 No Liability for Damages. IN NO EVENT SHALL IAMFINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE IAMFINE SERVICES.

4.3 Specific Exclusions. WITHOUT LIMITING THE FOREGOING, IAMFINE SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO WRONGFUL DEATH, EMOTIONAL DISTRESS, BODILY HARM OR INJURY, OR PROPERTY DAMAGES, REGARDLESS OF WHETHER IAMFINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF IAMFINE IS FOUND LIABLE FOR ANY CLAIM, IAMFINE'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO IAMFINE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

5.1 "As Is" Service. THE IAMFINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

5.2 Warranty Disclaimer. IAMFINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IAMFINE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

6.1 Shared Infrastructure. Customer acknowledges that content and data transmitted through the Iamfine Services will pass through shared servers and networks.

6.2 No Guarantee of Security. While Iamfine implements reasonable security measures, we cannot guarantee the absolute security of data transmitted through our services.

7.1 Events Beyond Control. Iamfine shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, fires, storms, or severe weather
• War, terrorism, civil unrest, riots, or acts of government
• Epidemics, pandemics, or public health emergencies
• Internet or telecommunications failures or disruptions
• Power outages or electrical failures
• Cyber attacks, hacking, viruses, or malware
• Failures of third-party service providers (phone carriers, email providers, SMS services, hosting providers)
• Hardware or software failures
• Labor disputes or strikes
• Any other events beyond Iamfine's reasonable control

7.2 No Liability During Force Majeure. During any force majeure event, Iamfine's obligations under these Terms shall be suspended, and Iamfine shall not be liable for any damages, losses, or service interruptions resulting from such events.

8.1 Billing. Charges apply only to the primary account holder (Loved One). Services are billed monthly or annually in advance.

8.2 Non-Refundable. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE UNDER ANY CIRCUMSTANCES. No refunds, credits, or prorated amounts will be provided for partial periods, unused services, service cancellations, account terminations (whether by Customer or Iamfine), service failures, dissatisfaction with service, or for any other reason whatsoever.

8.3 Right to Refuse Service. Iamfine reserves the absolute right to refuse, cancel, suspend, or terminate service to any customer at any time for any reason or no reason, with or without notice, with or without cause, at Iamfine's sole and absolute discretion. No refunds will be provided upon such termination.

9.1 Right to Modify. Iamfine reserves the right to modify, suspend, or discontinue the service (in whole or in part) at any time without notice and without liability to Customer.

9.2 Price Changes. Prices are subject to change with thirty (30) days notice to active customers. Continued use of service after price change constitutes acceptance of new pricing.

10.1 Complete Agreement. These Terms constitute the entire agreement between Customer and Iamfine regarding the use of the Iamfine Services.

10.2 No Other Representations. No other representations, promises, or agreements, whether oral or written, shall be considered part of this agreement unless explicitly incorporated herein.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Agreement to Arbitrate. Customer and Iamfine agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Iamfine Services (including any question regarding existence, validity, termination, or breach of these Terms) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive relief in court for infringement or misuse of intellectual property rights.

11.2 Arbitration Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

11.3 Arbitration Location. Any arbitration hearing shall take place in the federal judicial district where Customer resides, or by telephone/video conference at Customer's option.

11.4 CLASS ACTION WAIVER. CUSTOMER AND IAMFINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. UNLESS BOTH CUSTOMER AND IAMFINE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

11.5 Limitations on Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Any relief awarded cannot affect other customers.

11.6 Waiver of Jury Trial. CUSTOMER AND IAMFINE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

11.7 No Public Record. The arbitration shall be confidential. Neither Customer nor Iamfine may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.

11.8 Opt-Out Right. Customer may opt out of this arbitration agreement by sending written notice to Iamfine at PO Box 8351, San Jose, CA 95155 within 30 days of first accepting these Terms. The opt-out notice must include Customer's name, address, email, phone number, and a clear statement that Customer wishes to opt out of the arbitration agreement. If Customer opts out, all other terms of these Terms still apply, but disputes must be brought in court in accordance with Section 17 (Governing Law).

11.9 Severability. If any portion of this arbitration agreement is found to be unenforceable, the unenforceable portion shall be severed and the remaining portions shall be enforced. However, if the class action waiver (Section 11.4) is found to be unenforceable, this entire arbitration agreement shall be void and any dispute shall be brought in court.

These Terms are for the sole benefit of Customer and Iamfine. No third party (including but not limited to Care Circle members, Loved One, or any other person) has any right to enforce these Terms or any provision herein. Care Circle members and Loved One are not third-party beneficiaries and have no standing to bring claims against Iamfine.

13.1 Termination by Iamfine. Iamfine may terminate, suspend, or refuse service immediately and without prior notice for any reason or no reason, including but not limited to:

• Non-payment of fees
• Violation of these Terms
• Misuse or abuse of the service
• Inappropriate conduct toward Iamfine staff
• Any reason at Iamfine's sole and absolute discretion
• No reason at all

13.2 No Refund Upon Termination. Customer acknowledges and agrees that no refund, credit, or prorated amount will be provided upon termination by Iamfine, regardless of reason.

13.3 Termination by Customer. Customer may cancel their account at any time through the website or by contacting customer service. Cancellation will be effective at the end of the current billing period. No refunds will be provided for unused portions of the billing period.

These Terms and all disclaimers and limitations of liability herein shall bind Customer's heirs, executors, administrators, successors, and assigns. Iamfine may assign, transfer, or delegate these Terms and any rights or obligations hereunder without Customer's consent or notice to Customer.

15.1 Right to Amend. Iamfine reserves the right to alter, amend, or modify these Terms at any time without prior notice to Customer. Continued use of the service constitutes acceptance of any modified Terms.

15.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.1 Ownership of Marks. Iamfine℠, the Iamfine logo, and all related names, logos, designs, and slogans are service marks of Hambros Inc. All rights in and to these marks are reserved by Hambros Inc., and nothing in these Terms transfers any ownership interest in them to Customer.

16.2 No License Granted. These Terms do not grant Customer any right or license to use the Iamfine℠ name, the Iamfine logo, or any mark confusingly similar to them. Customer may not use, reproduce, or display any Iamfine mark without the prior written permission of Hambros Inc., except as necessary to identify the Iamfine Services in ordinary descriptive use.

16.3 Third-Party Marks. Any third-party names, marks, or logos referenced on the Iamfine website are the property of their respective owners. Reference to a third-party mark is for identification or comparison only and does not imply any affiliation with, sponsorship by, or endorsement from that party.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in California.

For questions about these Terms of Use, please contact:

Hambros Inc, d/b/a Iamfine
PO Box 8351
San Jose, CA 95155
Email: support@iamfine.com
Phone: (855) 410-1010
Website: www.iamfine.com