Terms & Conditions

RX° provides access to the Services through both: (i) websites, including, without limitation, those located at rxdegree.com and related domains (each, a "Site," and all, collectively, the "Sites"); and (ii) software that may be downloaded to a mobile device (each, a "Mobile App" and collectively the "Mobile Apps"). Certain additional paid services or features may have additional or different terms. RX° offers only the ability to access and/or use the Services, the Sites and Mobile Apps, and never sells or otherwise transfers ownership to any of them.

You represent and warrant that: (i) if you are an individual, you are at least 18 years old and otherwise legally competent to enter into and be bound by these Terms; or (ii) if you are an entity, you are a legal entity in good standing and possess all legal authority and power to enter into and be bound by these Terms.

As a part of the registration process, you must submit certain information as prompted, such as your name, email address, phone number, zip code/post code, and address. You are responsible for maintaining the confidentiality of your password and for all activities that occur on your account. All the information that you provide when registering must be accurate, complete, and up to date.

The Services collect, analyze and store data submitted from your IoT-enabled devices (collectively, "Devices") that are set up by you and connected to the Services. You represent and warrant that you have full legal authority to submit data and information from any Devices that you connect to the Services.

By using the Services and submitting such data from any Device, you hereby grant RX° a worldwide, perpetual, royalty-free license to use, reproduce, distribute copies of, create derivative works of, and publicly display the information in connection with your use of the Services. RX° is not responsible or otherwise liable for data submitted to the Services from Devices except as expressly set forth in these Terms.

To the extent to which we sell Products and/or the Services to you for any fee or charge, you will be required to select a form of payment and provide us information regarding your credit card or other authorized form of payment. You represent and warrant that such information is true and correct and that you are authorized to use the selected form of payment.

We may charge your credit or debit card for your first fee for a subscription Service on the date upon which we process your order, and on or about each monthly or annual anniversary thereafter. You will promptly update your account information with any changes that may occur.

RX° will pack and ship each Product that comprises hardware ("Hardware") in accordance with our standard practices and the rules of our shipping partners. Scheduled shipment dates are estimates only.

If you are the original purchaser of Hardware directly from RX° and are not satisfied for any reason, you may return it in its original condition within sixty (60) calendar days of the original purchase date and receive a full refund, less any shipping and handling, duties and taxes paid.

To qualify for a refund or credit you must:

• Return the Hardware in its original condition, including all packaging, accessories, and documentation.
• Include a copy of your original receipt or proof of purchase.
• Ship the Hardware to RX° within sixty (60) calendar days of the original purchase date.

Shipping address for returns: RX°, LLC., Attn: Product Returns Dept, 716 Union Street, Suite 1135, Spartanburg, SC 29306. Contact us at support@rxdegree.com with your order details to initiate a return.

You may cancel your automatic renewal for subscription Services at any time by contacting us via email at info@rxdegree.com. Unless otherwise noted, any fees paid by you prior to your cancellation are nonrefundable, including any fees paid in advance for the billing cycle during which you cancel. Upon cancellation of subscription Services, you will lose access to the benefits thereof and RX° will have the right to delete information and data stored as part of your account.

For one (1) calendar year from your original purchase date, RX° warrants to you that Hardware manufactured by or for RX° and purchased from RX° directly will be free from material defects in materials and workmanship, conditioned on: (i) such Hardware has been used normally and in accordance with all technical specifications; and (ii) such Hardware is associated with an active, fully paid subscription to Services.

This limited hardware warranty does not apply to: consumable parts such as batteries; cosmetic damage; defects or damage caused by misuse, accident, neglect, abuse, alteration, unauthorized repair, or improper storage; damage caused by operation outside the permitted uses for the Hardware; or any software.

Use of the full functionality of the Services may require you to utilize one or more third-party products or services, including open-source software or third-party software licensed separately ("Other Software"). For example, certain features utilize the Google Maps Geocode API. You decide which third-party products or services, if any, you want to utilize. Once information is shared with a particular third-party product or service, its use will be governed by that third party's privacy policy and terms of service.

The Sites use "cookies." Cookies are small text files that reside on your computer and identify you as a unique user. Cookies allow us to, among other things, measure activity on the Sites and personalize your experience. If you choose, you can set your browser to reject cookies or you can manually delete them. However, if you reject or delete cookies, you may have some trouble accessing and using some of the Services.

RX° grants to you a limited, revocable, non-exclusive, non-transferable license to access and use the Services that you purchase, as long as you pay all amounts owed and do not breach these Terms. You will not directly or indirectly:

• Modify, disassemble, decompile, or reverse engineer any of the technology infrastructure underlying the Services.
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services to any third party.
• Make any copies of the technology infrastructure underlying the Services.
• Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services.
• Attempt to access, monitor, or use the Services accounts or information of other customers.
• Access the Services in order to build a similar or competitive product.
• Upload or transmit any computer viruses, worms, or software intended to damage or alter a computer or communication network.
• Interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Services.
• Violate any applicable law or regulation.

You are responsible for having all required software, hardware, and other system elements required for your use of the Services. You must have a working cellular and/or internet connection, a supported Device, and other hardware or software specified by RX°. RX° reserves the right to change any of the minimum system requirements at any time.

RX° cares about the integrity and security of its users' personal information. Nevertheless, RX° cannot guarantee that unauthorized third parties will never be able to defeat RX°'s security measures. You acknowledge that you provide your personal information and use the Services at your own risk. By using the Services, you consent to receiving service-related electronic communications from RX°.

From time to time, RX° may provide updates, upgrades, patches, bug fixes, and other modifications to improve the technology infrastructure underlying the Services ("Updates"). You acknowledge and agree that you may be required to install Updates to continue to access and use the Products and/or the Services. You agree and consent to Updates being automatically installed without receiving any additional notice.

Unless otherwise expressly agreed by RX° in writing, RX° is not obligated to provide you with any technical support services relating to either the Products or the Services; provided, however, you may order support services for an additional charge as RX° may offer from time to time.

RX° reserves the right to, at any time, and with or without notice: (i) discontinue the production or distribution of, or change the design or specifications of the Services; (ii) suspend the Services for security reasons, system failure, maintenance and repair, or other circumstances; and (iii) change its pricing, service, warranty or other policies. RX° does not offer any specific uptime guarantee for the Services.

RX° grants to you a limited, revocable, non-exclusive, non-transferable license to use an object code copy of the Mobile Apps for one registered account on one mobile device owned or leased solely by you. Standard carrier data charges may apply to your use of the Mobile Apps.

• These Terms are between you and RX° only, and not with Apple, Inc. ("Apple") or Google, Inc. ("Google").
• RX° is solely responsible for the Mobile Apps and the Services.
• Apple and Google have no obligation to provide maintenance and/or support services with respect to the Mobile Apps.
• Apple and Google are third-party beneficiaries to these Terms as they relate to your license of the Mobile Apps.

You will defend and hold harmless RX° (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns) from and against any third-party claim, action, suit or proceeding that arises from, is based on or related to your breach of these Terms or any unauthorized use of the Services, and indemnify RX° for all losses, damages, expenses and costs incurred as a result.

20.1

ANY DISPUTE OR CLAIM MADE BY YOU AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES AND/OR YOUR PURCHASE AND/OR USE OF THE PRODUCT(S), REGARDLESS OF THE LEGAL THEORY, WILL BE RESOLVED BY BINDING ARBITRATION AS DESCRIBED BELOW.

20.2

Either you or we will have the right to elect to initiate binding arbitration to resolve any Dispute by providing the other party with written notice. You and we each waive the right to litigate any Dispute in court. Such arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (AAA), conducted by one arbitrator, in English, in Richland County, South Carolina under South Carolina law. The arbitrator will be without jurisdiction to conduct a class arbitration or other representative proceeding.

20.3

In the event that this arbitration provision is found to be invalid or unenforceable, a modified provision will be substituted that carries out as nearly as possible our original intent. If for any reason this arbitration provision is deemed inapplicable, you and we each hereby waive, to the fullest extent allowed by law, any right to a jury trial or to pursue any claims on a class or consolidated basis.

20.4

Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Any action arising under, relating to or connected with these Terms that is not required to be arbitrated will be filed only in an appropriate court located in Richland County, South Carolina, and the parties irrevocably consent and submit to the exclusive personal jurisdiction of such courts.

RX° reserves all rights not expressly granted to you by these Terms.

All provisions of these Terms that disclaim warranties, exclude damages and limit liability will be for the benefit of RX° and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns.

If any of these Terms is found to be inconsistent with applicable law, then such terms will be interpreted to reflect the intentions of the parties, and no other terms will be modified. RX°'s failure to enforce any of these Terms is not a waiver of such terms. These Terms contain the entire agreement between you and RX° with respect to the Services, and supersede all prior or contemporaneous negotiations, discussions, or agreements.

Under South Carolina law, South Carolina users may reach the Department of Consumer Affairs by post at 293 Greystone Blvd., Suite 400, Columbia, SC 29210 or by telephone at (803) 734-4200 or (800) 922-1594.