Terms and Conditions

Effective Date: September 9, 2025

Entity: Yaiks Incorporated (“Yaiks,” “we,” “us,” “our”)

Covered Properties: Springturn™ devices, firmware, companion smartphone/tablet apps, clinician dashboards/portals, and websites that link to these Terms (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Intended Use; Regulatory Status & Labeling

Intended use. The intended use, indications, and user instructions for any Springturn Device are set forth in the device labeling and Instructions for Use (IFU) provided with the product and/or within the app/portal. Use only as directed.

Regulatory status. Any regulatory clearances/registrations or classifications (e.g., U.S. FDA, EU/UK MDR) applicable to specific Springturn Devices are defined by the labeling/IFU. Marketing materials are summaries and do not replace labeling.
Third‑party inventions. Certain Springturn technologies are based upon inventions developed by third parties (including technologies associated with the Valero Dexterity Test®). Those inventions and marks remain the property of their respective owners and are used under license or other permission as applicable.
No emergency/life‑support use. The Services are not for emergencies or life‑support situations. Call 911 (or local emergency number) for emergencies.

2. Eligibility & Accounts

Consumer app features: 13+.

Clinical features and professional dashboards: 18+ and available only to authorized personnel acting within their professional scope or under a supervising organization.
You are responsible for your account, credentials, and all activity under your account. Keep account information accurate and up to date.

3. Permitted & Prohibited Uses

Use the Services only for their intended purposes and in compliance with law and labeling. You may not:

(a) reverse engineer, decompile, or bypass security controls;

(b) use the Services contrary to labeling/IFU;

(d) interfere with security, availability, or device safety;

(e) use any automated scraping/crawling;

(f) collect or use data from the Services to develop, train, or improve AI/ML models without our prior written consent;

(g) remove or alter proprietary notices;

(h) use while driving or performing hazardous tasks.

Use the Services only for their intended purposes and in compliance with law and labeling. You may not:

(a) reverse engineer, decompile, or bypass security controls;

(b) use the Services contrary to labeling/IFU;

(d) interfere with security, availability, or device safety;

(e) use any automated scraping/crawling;

(f) collect or use data from the Services to develop, train, or improve AI/ML models without our prior written consent;

(g) remove or alter proprietary notices;

(h) use while driving or performing hazardous tasks.

4. Orders, Shipping, Returns

Orders. We may accept, reject, or cancel orders at our discretion (e.g., suspected fraud, inventory limits, regulatory constraints).
Shipping & risk. Title and risk of loss for physical products pass to you upon delivery to the carrier. Delivery dates are estimates.
Returns/RMA. Returns of physical products are allowed only per our Return & RMA Policy (incorporated by reference).
Professional/Institutional sales. Additional terms (e.g., BAAs, service levels, calibration/maintenance) may apply.

5. Subscriptions; Billing; App Stores

Some Services include paid subscriptions with auto‑renewal unless canceled before the renewal date. Purchases via Apple App Store/Google Play are governed by their terms; refunds are handled by the store unless we state otherwise.

6. Software License & Updates

We grant you a limited, non‑exclusive, non‑transferable, non‑sublicensable license to install and use our apps and embedded software solely as permitted by these Terms and the IFU. We may push updates, patches, or configuration changes for safety, security, or performance. Reverse engineering is prohibited except to the extent permitted by applicable law.

7. Medical & Safety Notices

No diagnosis/treatment unless labeling states otherwise. Unless device labeling explicitly states otherwise, Springturn does not diagnose, treat, or cure disease. The Services are information and measurement tools for use as directed in the IFU and by qualified professionals where applicable.
Clinical judgment. Clinicians remain solely responsible for clinical decisions and for reviewing measurement outputs in context.
Warnings/contraindications. Follow all warnings and contraindications supplied with the device and posted within the app/portal.
User environment. Do not use the Services while driving or performing tasks requiring attention.

8. User Content; Professional Content; Feedback

User Content. You retain ownership of content you submit (e.g., notes, annotations). You grant Yaiks a limited license to host, process, and display such content to operate and improve the Services. You represent you have rights to the content you upload.
Professional/clinical content. Where content includes medical information, we process it per our Privacy Policy and applicable data protection laws and, when acting for a covered entity/controller, under a Business Associate Agreement (BAA) or Data Processing Agreement (DPA) as applicable.
Feedback. You grant Yaiks a perpetual, worldwide, royalty‑free license to use feedback for any lawful purpose.

9. Third‑Party Services & Components

The Services may interoperate with third‑party platforms (e.g., cloud hosting, identity, error logging, telehealth systems used by your clinic). We are not responsible for third‑party services or their terms

10. Warranty; Repairs; Calibration

Limited hardware warranty. Physical Springturn Devices may include a limited warranty described in the purchase confirmation or packaging. The warranty is void if devices are altered, misused, damaged, or serviced by non‑authorized personnel.
Repairs/Calibration. Devices may require periodic service or calibration. Follow IFU and our service instructions.
Software. Software and apps are provided “as is.”

11. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN LIMITED WARRANTY FOR A PHYSICAL PRODUCT, THE SERVICES (INCLUDING APPS, SOFTWARE, PORTALS, AND WEBSITES) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YAiks AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO YAiks FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR US $50 IF NO SUCH PAYMENTS WERE MADE.

13. Indemnification

You will indemnify and hold harmless Yaiks and its affiliates from claims, damages, and expenses (including reasonable attorneys’ fees) arising from:

(a) your misuse of the Services or devices;

(b) your violation of these Terms or law;

(d) your breach of labeling/IFU or safety requirements.

14. Dispute Resolution; Governing Law; Arbitration

These Terms are governed by the laws of California, USA (without regard to conflicts of laws). Binding arbitration applies to most disputes on an individual basis, with small‑claims court and IP injunctive relief exceptions. The arbitration will be administered by the AAA under its Consumer Rules. Class actions and jury trials are waived. You may opt out by sending written notice within 30 days of first acceptance of these Terms. Venue for any permitted court action is Los Angeles County, California. Details appear in our Arbitration Addendum (linked in‑app/site).

15. Intellectual Property; Third‑Party Notices

The Services and all content (excluding your content) are owned by Yaiks or its licensors and protected by IP laws. Springturn™ is a mark of Yaiks. Third‑party inventions, trademarks, and content remain the property of their respective owners. Where required, we provide attribution and license notices within the IFU, packaging, or app.

16. Changes; Suspension; Termination

We may modify the Services or these Terms at any time. Material changes will be communicated in‑app or on our sites. Continued use indicates acceptance. We may suspend or terminate access for breach or risk to the Services.

17. Notices; Contact

Yaiks Incorporated

Beverly Hills, California, USA

Support: support@springturn.com

Privacy: privacy@yaiks.com