Terms of Use - Spry

Last revised May 9th, 2025

These terms and conditions of use ("Terms of Use"), together with the other documents referenced below (collectively, the "Agreement"), constitute a legally binding agreement between you and Samuel Brick, its subsidiaries and affiliates (collectively, "Spry") regarding your rights and responsibilities as a user ("User") of the Spry browser extension ("Extension") and its features (collectively, the "Services"). In this Agreement, the terms "we", "our" and "us" refer to Spry and the terms "you" and "your" refers to a User.

Your use of the Extension constitutes your acceptance of the Agreement. Therefore, please take the time to review them carefully. You should also read our privacy policy ("Privacy Policy"), which is incorporated by reference into the terms of use.

If you do not agree with some or all of these terms, do not access or use the Extension.

1. Ownership of the Extension

All pages, features and content within the Extension and any material made available for download are the property of Spry. The Extension is protected by United States and international copyright and trademark laws. The contents of the Extension, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Extension ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Spry. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of the Extension or Spry without our express written consent.

2. Privacy Practices

You agree that information provided by you in connection with the Extension and its Services shall be governed by the Extension's Privacy Policy, which is hereby incorporated and made a part of this Agreement. Additionally, you have the certain rights "to be forgotten" and to delete your account and related data as set forth more fully in our Privacy Policy.

3. Representations by Users

By downloading or using the Extension, you represent and warrant that (i) you are the legal age of majority in your jurisdiction of residence; (iii) you will at all times provide true, accurate, current, and complete information when submitting any registration forms or otherwise providing any information to Spry; and (iv) if Spry collects payment for the use of the Extension, you will pay all required fees through any payment method prescribed by Spry, including, without limitation, through a credit card or any online payment processing service. Any breach of the foregoing representations and warranties entitles Spry to immediately terminate your access to the Extension and to seek all remedies available at law or equity.

4. Payment Terms

Some Services may be offered without a fee. For Services where a fee is payable, payment by Users for the Service will be made directly to Spry. Where Spry accepts payment for the Service, Spry will provide the payment terms. Pricing and availability of any and all Services remains subject to change at any time in Spry's sole discretion. You are solely responsible for the payment of all fees and taxes (in each case, if any) for any Service that you obtain from the Extension. If Spry collects payments, you hereby authorize Spry to charge your credit card, debit card or other payment method you have specified in your account for any and all fees and taxes payable for such Services from time to time, as and when such payments become due.

When you license a Service, Spry shall provide notice of the fee in effect at the time of download, request to license the Service, or at a time specific to the selected Service and then apply that fee. Spry reserves the right to change the fees owed for any Service. If Spry later increases an on-going subscription or other periodic fee for an Service, the increase may apply against the next payment due.

Refund Policy

Spry offers a full money-back guarantee for all purchases made on our website. If you are not satisfied with the Service that you have licensed from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 14 calendar days of your purchase.

After the 14-day period, you will no longer be eligible and won't be able to receive a refund. We encourage our customers to try the Service in the first two weeks after their purchase to ensure it fits your needs.

If you have any additional questions or would like to request a refund, please contact us at the following email:

spryextension@gmail.com

5. Services Provided - No Medical Care or Advice by Spry

The content of the Extension, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Spry does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Extension. Reliance on any information appearing on the Extension is solely at your own risk.

Your interactions with the Extension is not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Spry, nor any of its subsidiaries or affiliates or any third party who may promote the Extension, shall be liable for any information or advice obtained from the Extension, nor any information obtained on the Extension. Spry does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Extension is solely at your own risk and you assume full responsibility for all risks associated herewith.

6. License to use our Extension

Spry grants to you a non transferable license to use the Extension on devices that you own or control. Spry reserves all rights in and to the Extension not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Extension as well as upgrades provided by Spry that replace or supplement the original Extension, unless such upgrade is accompanied by a new or revised Agreement. Without our prior written permission, you may not distribute or make the Extension available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Extension and, if you sell your device to a third party, you must remove the Extension from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Extension, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Extension).

7. Limitations on License

The license to use our Extension is restricted as follows:

1. Limitations on Copying and Distribution

You may not copy or distribute the Extension except to the extent that copying is necessary to use the Extension for purposes set forth herein.

2. Limitations on Reverse Engineering and Modification; APIs

You may not (i) access or use the application programming interfaces ("APIs") for any purpose other than your licensed use of the Extension or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the Extension, except to the extent expressly permitted by applicable law.

3. Sublicense, Rental and Third Party Use

You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Extension, or directly or indirectly permit any third party to copy and install the Extension on a device not owned and controlled by you.

4. Proprietary Notices

You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Extension or its documentation.

5. Use in Accordance with Documentation

All use of the Extension must be in accordance with its then current documentation, if any, provided with the Extension or made available on Spry's website.

6. Confidentiality

You must hold the Extension and any related documentation in strict confidence for your own use only.

7. Compliance with Applicable Law

You are solely responsible for ensuring your use of the Extension is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

8. Online Services Associated with the App

The Extension may be used to access certain online services. In some cases, you will not receive a separate notice when the Extension connects to those services. Using the Extension constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user's use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.

9. Extension Support; Functionality

All questions and requests relating to the Extension support must be directed to Spry. We may change or remove functionality and other features of the App at any time, without notice.

10. Modified Devices and Operating Systems

Spry will have no liability for errors, unreliable operation, or other issues resulting from use of the Extension on or in connection with rooted or jail broken devices or use on any device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Extension on Modified Devices will be at your sole and exclusive risk and liability.

11. Accuracy and Integrity of Information

Although Spry attempts to ensure the integrity and accuracy of the Extension and its Services, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Extension and Content thereon. It is possible that the Extension could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Extension by third parties. In the event that an inaccuracy arises, please inform Spry so that it can be corrected. Spry reserves the right to unilaterally correct any inaccuracies on the Extension without notice. Information contained on the Extension may be changed or updated without notice. Additionally, Spry shall have no responsibility or liability for information or Content posted to the Extension from any non-Spry affiliated third party.

12. Export Policy and Restrictions

You acknowledge that the products and Content which are sold or licensed on the Extension, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Extension, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products, you agree that you will not use any products, or provide products to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Spry from all claims, demands, damages, costs, fines, penalties, attorneys' fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

13. Links to Other Sites

Spry makes no representations whatsoever about any other website that you may access through the Extension. When you access a non-Spry website, please understand that it is independent from Spry, and that Spry has no control over the content on that website. In addition, a link to a non-Spry website does not mean that Spry endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the linked third party websites, you do this entirely at your own risk.

14. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials on our Extension. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Extension by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Extension where such material may be found.
3. Provide your mailing address, telephone number, and email address.
4. Include both of the following statements in the body of the Notice: "I hereby state that I 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 (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am 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."
5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to the following email: spryextension@gmail.com

15. Disclaimer of Warranties

Spry does not warrant that access to or use of the Extension will be uninterrupted or error-free or that defects in the Extension will be corrected. The Extension, including any content or information caontained within it or any Service related to the Extension, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Spry does not warrant the accuracy, completeness or timeliness of the information obtained through the Extension.

You assume total responsibility and risk for your use of the Extension, its Services, and linked websites. Spry does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your nedds for data backup and security.

Warranties relating to products or services offered, sold, and distributed by Spry are subject to separate warranty terms and conditions, if any, provided with or in connecti with the applicable products or services.

16. No Medical Advice

The content of the Extension, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Spry. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Spry does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Extension. Reliance on any information appearing on the Extension, whether provided by Spry, its content providers, its clients, or others, is solely at your own risk. All information provided by Spry, or in connection with any communications supported by Spry, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

17. Electronic Communications

When you use the Extension, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Spry may contact you by email to verify your Account information. Spry may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Extension until you provide the information to us as requested.

18. Ownership Of The Extension And Related Materials; Additional Restrictions

All pages within the Extension and any material made available for download are the property of Spry. The Extension is protected by United States and international copyright and trademark laws

Subject to these Terms of Use, Spry grants you a revocable, non transferable (except as provided below), personal, nonexclusive license to use the object code version of the Extension. All rights not expressly granted to you in these Terms of Use are reserved and retained by Spry. Neither the Extension, nor any part of the Extension, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Spry. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Spry without express written consent. You may not use any meta tags or any other "hidden text" utilizing Spry name or trademarks without the express written consent of Spry. You may not misuse the Extension. You may use the Extension only as permitted by law. The content of the Extension, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Extension may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Spry. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Spry without our express written consent.

19. Intellectual Property

Spry retains all right, title, and interest in and to the Extension, the Services and any information, products, documentation, software, or other materials on the Extension, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Extension licensed by Spry (in that case, the license provider retains all right, title, and interest therein). The information available through the Extension is the property of Spry. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Tell Health trademarks, service marks, and logos are strictly prohibited without the prior written permission of Spry. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Extension. Nothing contained on the Extension should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Extension without the written grant thereof by Spry or the third party owner of such trademarks, service marks, or logos. The Extension may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Spry may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

20. Limitation of Liability

Your use of the Extension and its Services is undertaken at your own risk. Under no circumstances will Spry or any directors, officers, employees, agents, contractors and suppliers of Spry, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Extension and its Services, your reliance on the Extension and its Services, or any consequences flowing therefrom. Spry is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. Further, Spry is not responsible for any breach, unauthorized access or disclosure of personal information, or personal health information, arising out of use of the use of the Extension or its Services. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Extension and its Services or with this Agreement, your sole and exclusive remedy is to discontinue using the Extension and its Services, as applicable.

21. Indemnification

You agree to indemnify and save harmless Spry and all directors, officers, employees, agents, contractors and suppliers of Spry (in this section, "we" and "us") from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Extension or its Services or your breach of this Agreement. When we are threatened with suit or sued by a third-party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive termination of this Agreement and your cessation of use of the Extension or its Services.

22. Severability; Waiver

The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

23. Non-Assignment

This Agreement is between you and Spry and is not assignable or transferable expect with the express written consent of Spry, which may be unreasonably withheld. Spry may assign or transfer any of its rights or obligations within this Agreement without your consent.

24. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

25. Revisions; General

This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and us relating to your use of the Extension and its Services, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (collectively "change") this Agreement at any time and from time to time, effective as of the date of the change and apply to your use of the Extension. We will notify you of any changes to this Agreement by posting notice of such changes on the Extension, but you should also periodically review this Agreement as you use the Extension. You agree that we have this right, and that your continued use of the Extension following notice of such change means that you agree to and accept the amendments.