Terms of Service
Terms of Service
Taken — Medicine Reminder Effective date: 2026-07-16 Version: 1.2
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING TAKEN. BY DOWNLOADING, INSTALLING, OR USING TAKEN, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE TAKEN.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 13). BY AGREEING TO THIS AGREEMENT, YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
TAKEN IS A REMINDER TOOL. TAKEN IS NOT A MEDICAL DEVICE. TAKEN DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT RELY ON TAKEN AS YOUR SOLE MEANS OF MANAGING YOUR MEDICATION. SEE SECTIONS 3 AND 4.
1. Parties
This Agreement is entered into between you ("You," "Your," or "User") and Hozameen LLC, a Washington limited liability company ("Company," "We," "Us," or "Our"). This Agreement is between You and the Company only, and not with Apple Inc. ("Apple"). The Company, not Apple, is solely responsible for Taken and its content.
2. Grant of License
Subject to Your compliance with this Agreement, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use Taken (the "App") on any Apple-branded device that You own or control, and as permitted by the Apple Media Services Terms and Conditions and the Usage Rules set forth in Apple's App Store Terms of Service. You may not: (a) rent, lease, lend, sell, redistribute, or sublicense the App; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, except to the extent expressly permitted by applicable law; or (c) remove, alter, or obscure any proprietary notices in the App.
3. Not a Medical Device; No Medical Advice
The App is a medication reminder tool intended for general wellness purposes. The App is not a medical device. The App does not diagnose, treat, cure, mitigate, or prevent any disease or medical condition. The App does not provide medical advice. The App does not calculate dosages, check for drug interactions, evaluate contraindications, or make any recommendation about whether, when, how, or in what amount You should take any medication.
The information You enter into the App (including medication names, dosages, and schedules) is information You provide. The App displays and reminds You of that information. The App does not verify that the information is correct, safe, or appropriate for You.
Nothing displayed by the App is a substitute for professional medical advice. Always follow the instructions of Your licensed healthcare provider. If You have any medical question or concern, contact Your healthcare provider or, in an emergency, dial 911 (or Your local emergency number).
4. User Responsibility; No Sole Reliance
You are solely responsible for Your medication regimen, including deciding which medications to take, when to take them, in what amount, and whether to take them at all. You are responsible for the accuracy of any information You enter into the App.
The App's reminder function depends on Your device, the iOS operating system, Your notification and alarm permissions, sufficient battery, and device availability. Reminders may be delayed, silenced, missed, or not delivered at all, for reasons within or outside the Company's control. Reasons a reminder may not be delivered include, but are not limited to: device turned off, battery depleted, alarm or notification permissions revoked, Do Not Disturb or Focus mode configured to suppress alarms, operating system updates, hardware failure, iOS behavior changes, and software defects or bugs in the App itself.
Because reminders may fail, You must not rely on the App as Your sole means of remembering to take Your medication. Use additional independent safeguards — for example, a pill organizer, a family member or caregiver check-in, a written schedule, or another reminder application.
5. Not a Substitute for Emergency Services
The App does not provide emergency services and does not contact a healthcare provider, family member, or emergency responder on Your behalf. If You experience a medical emergency, contact emergency services directly.
6. Account and Data
The App stores Your data locally on Your device. The App does not collect, transmit, or share Your data with the Company or any third party automatically. The only information transmitted from the App is what You choose to send through the Feedback feature (see Section 8A). See Our Privacy Policy at https://takenwell.com/app/legal/privacy-policy for details.
Your data is stored only on Your device. If You delete the App, uninstall the App, reset Your device, or lose Your device, Your data may be permanently lost. The Company has no ability to recover Your data.
7. Updates and Changes to the App
The Company may from time to time release updates to the App. Some updates may be required for continued use. The Company may add, modify, or remove features of the App at any time without notice. The Company is not obligated to maintain, update, or support the App indefinitely.
8. Third-Party Services
The App interacts with services provided by Apple and by Your iOS device (including the AlarmKit system service). Your use of those services is governed by the applicable third-party terms. The Company is not responsible for the availability, accuracy, or reliability of any third-party service.
8A. Feedback You Send Us
The App includes a Feedback feature that allows You to send Us a message, suggestion, or bug report. Submission is entirely at Your option; the App does not send any information to Us unless You initiate a submission. What the App transmits when You submit feedback is described in the Privacy Policy.
License to feedback. You grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, and create derivative works of any feedback, suggestion, comment, or other content You submit through the Feedback feature, for any purpose and without any obligation or compensation to You. You represent that You have the right to grant this license and that Your feedback does not violate the rights of any third party.
No confidentiality. You acknowledge that Your feedback is non-confidential and non-proprietary. The Company has no obligation to keep any feedback confidential, to respond to any feedback, or to act on any suggestion.
9. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT: (a) THE APP WILL MEET YOUR REQUIREMENTS; (b) THE APP WILL OPERATE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE; (c) REMINDERS WILL BE DELIVERED AT ANY PARTICULAR TIME OR AT ALL; (d) THE APP WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, iOS VERSION, OR CONFIGURATION; OR (e) ANY DEFECTS IN THE APP WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).
You acknowledge that the foregoing limitations are an essential basis of the bargain between You and the Company, and that the Company would not provide the App without these limitations.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification
To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company, its officers, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your use or misuse of the App; (b) Your violation of this Agreement; (c) Your violation of any applicable law; or (d) any decision You make about Your medication regimen, whether or not informed by the App.
12. Term and Termination
This Agreement is effective until terminated. This Agreement will terminate automatically if You fail to comply with any of its terms. Upon termination, You must cease all use of the App and delete all copies from Your device. Sections 3, 4, 5, 9, 10, 11, 13, 14, and 16 survive termination.
13. Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to Arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the App (a "Dispute") shall be resolved exclusively by final and binding individual arbitration, and not in court, except as set forth in Section 13(e). This includes Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether arising before, during, or after the termination of this Agreement.
(b) Arbitration Rules and Forum. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Seattle, WA, Washington, or, at Your election, in Your county of residence or by video, telephone, or written submissions only. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
(c) Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If a court determines that this waiver is unenforceable with respect to any claim, then that claim will be severed and heard in court, and the remaining claims will proceed in arbitration.
(d) Opt-Out. You may opt out of this Section 13 within thirty (30) days after You first accept this Agreement by sending written notice of Your decision to opt out to adam@takenwell.com with the subject line "Arbitration Opt-Out." Your notice must include Your name, the email address associated with Your Apple ID, and a statement that You want to opt out of the arbitration agreement. If You opt out, all other portions of this Agreement remain in effect.
(e) Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small-claims court, and either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
(f) Survival. This Section 13 survives termination of this Agreement.
14. Governing Law
This Agreement is governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. To the extent any Dispute is not subject to arbitration under Section 13, the parties agree to the exclusive jurisdiction of the state and federal courts located in Washington.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15. Apple-Specific Terms
You acknowledge and agree that this Agreement is between You and the Company only, and not with Apple. Apple is not responsible for the App or its content. To the extent this Agreement provides for usage rules that are less restrictive than, or conflict with, the Apple Media Services Terms and Conditions, the more restrictive or conflicting Apple term applies.
Maintenance and Support. The Company, and not Apple, is solely responsible for providing any maintenance and support for the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App.
Warranty. The Company, and not Apple, is solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is the Company's sole responsibility.
Product Claims. The Company, and not Apple, is responsible for addressing any claims by You or any third party relating to the App or Your possession or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property. In the event of any third-party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) You are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Terms. You must comply with all applicable third-party terms of agreement when using the App, including without limitation any wireless data plan or connectivity service terms, and the terms of any Apple services You use in connection with the App.
Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.
16. Changes to This Agreement
The Company may modify this Agreement from time to time. When the Company makes a material change, the Company will update the "Effective date" and "Version" at the top of this Agreement and post the updated Agreement at https://takenwell.com/app/legal/terms. Continued use of the App after the effective date of a modified Agreement constitutes Your acceptance of the modified Agreement. If You do not agree to the modified Agreement, You must stop using the App.
17. Miscellaneous
Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and the Company concerning the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between You and the Company.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
No Waiver. The Company's failure to enforce any right or provision of this Agreement will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer this Agreement or any rights hereunder without the Company's prior written consent. The Company may assign this Agreement without restriction.
Notices. Notices to the Company must be sent to adam@takenwell.com or to 2685 E 41st Terrace, Bellingham, WA 98226. Notices to You may be provided through the App or by email associated with Your Apple ID.
Language. This Agreement is executed in English. Translations are provided for convenience; in the event of any conflict, the English version controls.
18. Contact
Hozameen LLC 2685 E 41st Terrace, Bellingham, WA 98226 Email: adam@takenwell.com