DOSE DEVICE | CONSUMER LEGAL TERMS
Effective date: August 18, 2026
Version: 1.0
Combined terms for DoseDevice.com, Dose hardware, the Dose mobile application, connected services, and +PLUS.
Cosmos Pharmaceuticals Inc., a Delaware corporation
DOSE Device, a product brand of Cosmos Pharmaceuticals Inc.
Legal address: 537 Wheelmen Street, Middletown, Delaware 19709
IMPORTANT NOTICE. These Terms govern DoseDevice.com, Dose hardware, the Dose mobile application, connected services, and +PLUS. Please read them carefully, including the arbitration provision in Section 24 and the safety limitations in Sections 6 through 8. Our Privacy Policy and Consumer Health Data Privacy Policy provide additional disclosures about personal information.
Cosmos Pharmaceuticals Inc. | 537 Wheelmen Street | Middletown, DE 19709
AGREEMENT TO TERMS. By affirmatively checking an acceptance box at checkout, account creation, or in the App, or by another clear electronic acceptance mechanism through which these Terms are presented, you agree to these Terms. If you do not agree, do not purchase or use the Services.
ARBITRATION AND CLASS-ACTION WAIVER. Section 24 requires most disputes to be resolved through binding individual arbitration, not in court, and waives class and jury proceedings. You may opt out within 30 days after first accepting these Terms by following Section 24.8.
SAFETY LIMIT. Dose is not child-resistant, is not an emergency service, and has no guaranteed backup opening method. Do not use Dose to store prescription medications, controlled substances, rescue medications, emergency medications, life-sustaining medications, or any item for which delayed access could cause harm.
These Dose Device Terms of Service, Terms of Sale, and Mobile Application License (the "Terms") form a binding agreement between you and Cosmos Pharmaceuticals Inc., a Delaware corporation ("Cosmos," "Company," "we," "us," or "our"). Dose Device is a product brand of Cosmos Pharmaceuticals Inc.
These Terms govern your access to and use of DoseDevice.com and its subdomains, checkout and waitlist functions, Dose hardware purchased through DoseDevice.com, the Dose mobile application, cloud-connected features, support services, and the +PLUS subscription (collectively, the "Services").
These Terms do not govern CosmosRx.com, FortisKap hardware, FortisKap clinical or research software, institutional implementations, or agreements between Cosmos and healthcare, research, pharmacy, payer, sponsor, or other enterprise customers. Those products and relationships are governed by separate terms and contracts.
You accept these Terms electronically when you affirmatively check an unchecked acceptance box at checkout or account creation, or when another clear acceptance mechanism is presented. We may retain the date, time, version, account, order, device, and technical record associated with your acceptance.
| Term | Meaning |
|---|---|
| App | the Dose mobile application, including its iOS version and any later supported version. |
| Dose Device | the consumer hardware configuration without the internal counting camera. |
| Dose Pro | the consumer hardware configuration with an internal camera and object, bottle-volume, and quantity-estimation features. |
| Device | a Dose Device or Dose Pro unit, including its supplied bottle, firmware, accessories, and documentation. |
| Manager Account | an adult account that owns or administers Devices, permissions, schedules, user slots, and dependent profiles. |
| Dependent Profile | a profile managed by an adult for a minor or another person. A Dependent Profile is not a separate contracting account. |
| Authorized User | a person whom the Manager Account has permitted to use a Device or be associated with a fingerprint user slot. |
| +PLUS | the optional paid subscription that provides expanded management features, including management of up to five users and five Devices, permissions, and schedules, as then displayed before purchase. |
| User Content | item labels, medication or schedule information, names assigned to user slots, messages, support materials, photographs submitted with separate consent, and other information a user chooses to provide. |
You must be at least 18 years old and legally capable of entering a contract to purchase a Device, create or control a Manager Account, subscribe to +PLUS, or accept these Terms.
A parent, legal guardian, or authorized adult caregiver may create a Dependent Profile and manage use for a minor or another person only when the adult has lawful authority to do so. The adult remains responsible for supervision, permissions, content choices, and compliance with these Terms. A person under 18 may not independently create or control a Manager Account or purchase a Device or subscription.
The Services are not intended for children under 13. You may not create a profile for, enroll a fingerprint of, or submit personal information about a child under 13.
If you use the Services for an organization, you represent that you have authority to bind the organization. In that case, "you" includes both you and the organization.
The Services are offered only in the United States. We do not accept international orders or represent that the Services are appropriate or lawful outside the United States.
You must provide accurate account, contact, payment, and delivery information and keep it current. You are responsible for protecting credentials, devices, recovery methods, and access to your phone and email account. Notify support@dosedevice.com promptly if you suspect unauthorized account or Device activity.
A Device can recognize numbered fingerprint user slots. The App may allow a Manager Account to associate a name or label with a slot, such as "User 1" or "User 2." Cosmos does not independently verify that a label accurately identifies the person who used the fingerprint slot.
A Manager Account may grant, modify, or revoke permissions for Authorized Users or friends and family. Revocation becomes effective when processed by our systems and the affected device or service synchronizes. Alerts, exports, or messages already delivered cannot be recalled.
You are responsible for ensuring that each Authorized User understands the Device's safety limitations and agrees to any collection or sharing of that person's information. Do not enroll another person's fingerprint or information without lawful authority and appropriate consent.
Offering
Configuration
Current feature scope
Dose Device
No internal camera
Fingerprint access; time-stamped access events; user-slot recognition; App and SMS reminders; access, tamper, low-battery, and other supported alerts; remote lock and remote unlock; cloud synchronization; connected usage metrics.
Dose Pro
Internal camera
All supported Dose Device functions plus camera-assisted bottle-volume, object-count, opening-count, closing-count, removal, return, and inventory estimates when the contents and conditions can be analyzed.
+PLUS
Optional subscription
Expanded management of up to five users and five Devices across Dose Device and Dose Pro; permissions and schedules; other premium features displayed before purchase.
Available features depend on the purchased model, App version, subscription tier, permissions, network and Bluetooth availability, firmware, phone compatibility, and region. A feature shown for one model is not included in another model unless expressly stated at checkout or in the product specification.
The App currently supports compatible iPhones. Physical fingerprint enrollment and local unlocking can occur without keeping the App open. A compatible iPhone and Bluetooth connection are required to associate a Device with a Manager Account and use connected features such as user-slot labels, additional-user management, alerts, remote commands, cloud synchronization, and +PLUS.
Remote lock and remote unlock commands can be delayed, fail, or remain pending if a Device, phone, Bluetooth connection, network, cloud service, battery, permission, or software component is unavailable. Never rely on a remote command as an emergency or guaranteed security control.
Dose is a direct-to-consumer storage, access-control, reminder, and personal routine-management product. It is not a clinical service, does not connect to an electronic health record or electronic medical record, and does not provide a clinician portal, clinical escalation, professional monitoring, diagnosis, treatment, medical advice, prescription management, or an emergency response service.
You decide which lawful, physically compatible non-prescription household items to place in the supplied bottle. Do not use Dose to store prescription medications, controlled substances, rescue medications, emergency medications, life-sustaining medications, or any item for which delayed access could cause harm.
Use with a category of contents is not a representation that the Device is suitable for every item in that category. You are responsible for legality, physical compatibility, original labeling, storage conditions, safe access, and compliance with manufacturer instructions and applicable law.
Dose is not child-resistant packaging under the Poison Prevention Packaging Act and has not been represented as childproof. Keep the Device and all contents out of the reach of children and other unauthorized persons. Fingerprint access, remote controls, event logs, and tamper alerts can help restrict or reveal access but cannot guarantee that access, theft, diversion, damage, or tampering will be prevented.
A Device may be inaccessible because of a depleted or damaged battery, failed fingerprint recognition, lockout, jam, firmware problem, physical damage, lost phone, unavailable service, or another condition. There is no guaranteed manual, remote, or support-assisted backup opening method. Support may troubleshoot, provide a firmware remedy, or replace a Device, but cannot guarantee immediate access.
Never store rescue medication, emergency medication, life-sustaining medication, or any item for which delayed access could cause harm. Maintain independent, immediately available access to anything needed for health or safety. If a health or safety emergency occurs, call 911 or contact the appropriate prescriber, pharmacist, poison-control resource, or emergency service. Do not wait for Dose support.
Dose does not provide refrigeration, temperature control, humidity control, sterile storage, moisture protection, light protection, fire protection, or a pharmaceutical-grade preservation guarantee. Do not pour loose liquids into the Device or store leaking, corrosive, flammable, explosive, pressurized, illegal, contaminated, or otherwise hazardous contents. Do not use a damaged, wet, swollen, unusually hot, cracked, or exposed Device; disconnect it from charging when safe and contact support.
Use only compatible charging equipment and follow the user guide. Do not pry, strike, drill, burn, submerge, bypass, or disassemble the Device. Do not attempt to defeat the lock, fingerprint sensor, camera, tamper functions, or firmware except to the limited extent a restriction is prohibited by applicable law. Damage caused by misuse or modification is not covered by the Limited Warranty.
An access event or a successful fingerprint match indicates that the Device recorded an interaction associated with a numbered user slot. It does not prove who was physically present, what was removed or returned, or what any person consumed or used.
Dose Pro uses a consumer object-estimation algorithm and generally depends on a user-provided starting quantity. It may estimate opening quantity, closing quantity, amount removed or returned, bottle volume, and remaining quantity. Every value is an estimate rather than a clinical measurement, may be incomplete or wrong, and may be unavailable for mixed items, occluded objects, glare, unusual shapes, low visibility, movement, refill events, or other conditions.
No specific accuracy rate, supported maximum quantity, medical accuracy, or fitness for clinical decision-making is promised unless expressly stated in a separate written specification for the exact Dose model and software version. No accuracy or performance result for another product applies to Dose Device or Dose Pro.
Reminders, inventory notices, unauthorized-access notices, tamper alerts, low-battery alerts, SMS messages, push notifications, and other alerts can be delayed, duplicated, incomplete, incorrectly triggered, or not delivered. They are convenience features, not monitoring, emergency, or clinical services.
Where a quantity cannot be estimated reliably, Dose Pro may display that it is unable to estimate or may invite the account owner to separately opt in to collection of additional interior images for product and algorithm improvement. Declining that optional use will not cancel the core account or change the purchase price, although the affected estimation feature may remain limited.
All offers are subject to availability and acceptance by Cosmos. We may reject or cancel an order before shipment for suspected fraud, payment failure, pricing or description error, legal or geographic restriction, inventory limitation, or another legitimate reason. If we cancel after charging you, we will refund the canceled amount.
Any introductory preorder price applies only while displayed on the product page and at checkout. The price shown at checkout when you submit the order controls that order. Any reference price, comparison price, or savings claim will be used only if separately substantiated and permitted by law.
Shipping charges and applicable sales, use, and similar taxes are calculated and displayed separately at checkout. You authorize Shopify and its payment providers to charge your selected payment method for the total shown. Payment providers process payment-card information under their own terms and privacy notices.
Promotional codes, waitlist discounts, bundles, and other offers may have additional terms and may be changed or withdrawn before an order is placed. Unless required by law, discounts have no cash value and cannot be combined unless stated.
Launch orders are preorders. Your payment method is charged when the preorder is placed, not when the Device ships. For preorders placed under this version of the Terms, the estimated shipment window is 12 to 16 weeks after the order date. This is an estimate supported by current production planning, not a guaranteed shipment date.
You may cancel an unshipped preorder by contacting support@dosedevice.com and receive a prompt full refund of all amounts charged for the canceled preorder, including outbound shipping, taxes, and mandatory fees as applicable. If we learn that we cannot ship within the promised or legally applicable period, we will send a delay notice with a revised date or an explanation that a date is unavailable, describe your right to cancel for a full refund, and obtain any consent to delay required by law. If we cannot obtain required consent, we will cancel and refund the unshipped order.
FCC CONDITIONAL-SALE NOTICE. This Device is subject to FCC rules, and delivery is conditional on successful completion of the applicable FCC equipment-authorization process. FCC rules do not address your rights under other federal or state consumer-protection or contract laws. Cosmos retains legal ownership until authorization and will not deliver a Device before required authorization. If authorization is not successfully completed, Cosmos will cancel the preorder and refund all amounts charged, including shipping, taxes, and mandatory fees.
Waitlist, preorder, production, delay, and shipping updates may be sent by email or SMS using the contact information associated with your order. These operational messages are separate from optional marketing messages.
We ship only to addresses in the 50 United States and Washington, D.C. You are responsible for an accurate and deliverable address. Contact support promptly if an address needs correction; we cannot guarantee that an address can be changed after fulfillment begins.
Title and risk of loss pass to you upon confirmed delivery to the address in your order, except to the extent applicable law provides otherwise. If tracking does not show delivery or the carrier confirms that a package was lost or damaged before delivery, Cosmos will manage the carrier claim and, after reasonable verification, replace the Device or provide another remedy required by law. Theft or loss after confirmed delivery is not automatically covered, but support may review the circumstances.
You may request a return within 30 days after delivery. A nondefective Device must be unopened, unused, undamaged, complete, and in its original sealed packaging to qualify. Opened or used Devices are not returnable under the ordinary return policy, but a defective Device may qualify under the Limited Warranty or non-waivable law.
Before sending a return, contact support@dosedevice.com for authorization and instructions. Unauthorized returns may be refused. You pay ordinary return shipping for a discretionary return. Cosmos pays reasonable return shipping for an incorrect item or a Device accepted as defective. There is no restocking fee.
For an approved discretionary return, outbound shipping charges are not refundable unless required by law or the return resulted from our error. Approved refunds are issued to the original payment method after receipt and inspection, subject to payment-provider processing time.
Cosmos warrants to the original purchaser that, for one year beginning on the date of delivery, a new Dose Device or Dose Pro will be free from material defects in materials and workmanship under normal consumer use and in accordance with the user guide. This is a "limited warranty."
For a valid claim made during the warranty period, you may elect repair, replacement with the same or a reasonably equivalent product, or a refund of the original Device purchase price. If the selected remedy is unavailable or legally disproportionate, Cosmos will offer another remedy consistent with applicable law. A replacement may be new or professionally reconditioned where permitted and will be covered for the longer of the remaining original warranty period or 90 days.
This Limited Warranty does not cover loss; theft; cosmetic wear; ordinary battery-capacity degradation; consumable or third-party items; misuse; dropping; impact; crushing; water or liquid exposure; improper cleaning; excessive heat or cold; improper charging; incompatible contents; corrosion; contamination; force; tampering; circumvention; modification; serial-number removal; or damage caused by unauthorized repair, altered firmware, or use outside the instructions. It does not guarantee uninterrupted cloud, App, SMS, network, Bluetooth, alert, or estimation service.
To obtain warranty service, contact Cosmos Pharmaceuticals Inc., Attn: Warranty, 537 Wheelmen Street, Middletown, Delaware 19709, or support@dosedevice.com, and provide the order number, Device identifier, problem description, and reasonably requested diagnostic information. Do not send a Device until authorized. Cosmos may require return and inspection, will provide shipping instructions, and will pay reasonable shipping costs for a claim it accepts as covered.
To the extent permitted by law, any implied warranty that applies to the Device is limited to one year from delivery. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
AUTOMATIC RENEWAL. +PLUS costs $4.99 per month, plus applicable tax, and renews automatically each month until canceled. You will be shown the price, billing period, renewal terms, and cancellation method before you subscribe.
The core Dose App is included without an additional subscription charge. +PLUS is optional and provides expanded user, Device, permission, schedule, and other premium management features described in the App before purchase. Canceling +PLUS does not cancel your hardware purchase or automatically delete your account.
Enrollment in +PLUS requires a separate affirmative subscription-purchase action. Buying hardware, accepting these Terms for a free account, joining a waitlist, or using the core App does not by itself enroll you in +PLUS. Cosmos will provide renewal reminders, annual notices, and material-change notices when applicable law requires them.
+PLUS is purchased through Apple's in-app purchase system. Your Apple ID is charged when you confirm the purchase and at each renewal. Apple processes payment, and Apple's billing, refund, Family Sharing, and subscription-management rules apply.
You may cancel at any time through the App's Manage Subscription link or your Apple ID Subscription settings. Cancel before the next renewal date to avoid the next charge. After cancellation, +PLUS remains available until the end of the paid monthly period and then premium features end, while features included with the core App remain available subject to these Terms. Except as required by law or Apple's policies, partial-month refunds or credits are not provided.
We may change the +PLUS price or features prospectively. Any price increase will be disclosed in advance and will require any acceptance required by Apple or applicable law. If you do not agree, cancel before the changed price takes effect.
Subject to these Terms, Cosmos grants you a limited, personal, revocable, nonexclusive, non-sublicensable, and nontransferable license to install and use the App on compatible devices that you own or control, solely for lawful personal or internal organizational use with Dose products and as permitted by applicable App Store usage rules.
The App and firmware are licensed, not sold. No ownership interest in software, source code, algorithms, models, designs, documentation, trademarks, or cloud systems transfers to you. You own the physical hardware you purchase and may transfer or resell it. Before transfer, complete the available factory-reset and account-unlink process; if that process is unavailable, contact support for a secure transfer procedure. The App license, account, subscription, and Limited Warranty do not transfer except where applicable law requires otherwise, and a transferor may not represent itself as an authorized Cosmos or Dose reseller.
You agree not to, and not to help another person to:
• use the Services unlawfully, to store or facilitate unlawful possession of any item, or to violate another person's rights;
• access another account, Device, user slot, image, event, or data without authorization;
• defeat, bypass, probe, reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the App, firmware, algorithms, security, lock, camera, or Services, except where applicable law expressly permits it;
• introduce malware, interfere with service, overload systems, scrape data, automate unauthorized access, or test security without written permission;
• remove or alter product, safety, regulatory, serial-number, copyright, trademark, or ownership notices;
• resell, rent, sublicense, or commercially share the App, account, subscription, or cloud Services; represent yourself as an authorized reseller; or operate the consumer Services as a clinical, monitoring, emergency, pharmacy, dispensing, or healthcare service;
• represent estimated data as verified ingestion, medical fact, clinical evidence, or a guaranteed record; or
• use the Services in a way that could foreseeably injure a person or damage property.
The Services may let you invite friends or family, manage user permissions, label user slots, configure schedules, and export or share information. These are user-controlled consumer features, not clinician integration or professional monitoring. You decide whom to invite and what to share.
You retain ownership of User Content. You grant Cosmos a limited, worldwide, nonexclusive license to host, process, reproduce, transmit, and display User Content only as reasonably necessary to operate, secure, support, and improve the Services, comply with your choices, and meet legal obligations. Optional image use for algorithm training requires separate opt-in as described in Section 18.
You represent that you have the right to provide User Content and authorize its processing and sharing. Do not upload or enter unlawful, misleading, infringing, malicious, or unnecessarily sensitive information. Once you export or share information outside the Services, the recipient's handling is outside Cosmos's control.
Our Privacy Policy and Consumer Health Data Privacy Policy describe how we handle personal information and consumer health data. These policies are privacy notices and do not reduce rights provided by applicable law; they are not incorporated as contractual promises except where applicable law provides otherwise.
Before enrolling a fingerprint, review and consent to the Biometric Notice presented through the App or Device setup. It describes the information processed, purposes, storage, disclosure, retention, destruction, and the production architecture then in use. Do not enroll another person without lawful authority and any required consent.
Dose Pro may capture images of the interior of the supplied bottle to produce object, volume, and quantity estimates. Do not place an item in Dose Pro if you do not want its appearance captured for that function. Dose Pro's current image-processing, transmission, access, retention, and deletion practices are described in the Privacy Policy and the in-product camera notice. Cosmos will provide any notice and obtain any consent required before adding a category, recipient, or purpose.
Cosmos will not use an identifiable interior image for algorithm training, research, publication, or marketing without separate affirmative consent. A user may be offered an optional choice to contribute additional images when estimation is unreliable. Declining or later withdrawing that choice applies prospectively and does not require deletion of information irreversibly deidentified before withdrawal, to the extent permitted by law.
Cosmos may use information that has been deidentified or aggregated in accordance with applicable law for product improvement, algorithm development, research, aggregate publications, and general marketing insights, and will not attempt to reidentify it. Cosmos does not sell personal health information or use medication, access, or usage data for cross-context behavioral advertising.
Subject to identity verification and legal exceptions, an account-deletion request removes or de-links eligible account data from active systems on the timelines stated in the Privacy Policy, and backup copies are handled according to the retention periods described there. Cosmos may retain purchase, payment, warranty, tax, fraud-prevention, security, dispute, and legal-hold records for the periods permitted or required by law. Irreversibly deidentified data may remain.
We may send service-related emails and push notifications needed to administer your waitlist entry, preorder, payment, shipment, account, security, subscription, support request, recall or safety notice, and Device operation. If you provide a mobile number and request or consent to SMS or telephone communications, we may send service-related SMS or calls in accordance with that request, consent, and applicable law. This is not marketing consent.
If you separately opt in, Cosmos and its service providers may send Dose marketing, launch, promotion, waitlist, or product messages by email or SMS, including through automated technology. Consent to marketing is not a condition of purchase. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
For SMS help, reply HELP or contact support@dosedevice.com. To revoke marketing-SMS consent, reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE, or use another reasonable method. To unsubscribe from marketing email, use the unsubscribe link. We process SMS and email opt-out requests within the time required by law. You may still receive nonmarketing messages necessary for an order, account, subscription, safety, or support matter. You must update us if your telephone number changes.
Shopify and its payment providers process website checkout. Apple processes iOS App distribution and the +PLUS subscription transaction through its in-app purchase system. Carriers, messaging providers, cloud providers, analytics providers, and other vendors may support the Services. Their independent terms and privacy practices may apply to their services.
Cosmos is not responsible for a third party's independent products, networks, outages, policies, or conduct, but this does not limit Cosmos's obligations for its own selection and management of service providers under applicable law.
The Services and all associated software, firmware, interfaces, algorithms, models, designs, text, graphics, photographs, videos, trademarks, trade dress, documentation, and other materials are owned by Cosmos or its licensors and protected by law. Dose Device, Dose Pro, +PLUS, Powered by Cosmos Rx, FortisKap, Cosmos Rx, and related names and marks may not be used without permission.
If you voluntarily provide an idea, suggestion, or feedback, you grant Cosmos a perpetual, irrevocable, worldwide, royalty-free right to use it for any lawful purpose without compensation or attribution, provided this does not authorize use of personal information contrary to the Privacy Policy.
Connected Services may be unavailable because of maintenance, updates, security events, capacity, connectivity, third-party outages, or circumstances beyond reasonable control. Cosmos does not promise uninterrupted, error-free, or perpetual service. Local fingerprint access may continue without cloud service when the Device is functioning, but connected features may not.
You must install security, App, and firmware updates reasonably required for safe or supported operation. An outdated version may lose compatibility or access to connected features. We may change, add, or remove a feature, but will use commercially reasonable efforts to provide notice before a material discontinuation that substantially affects paid functionality, subject to urgent security or legal needs.
You may stop using the Services, cancel +PLUS, or request account deletion at any time. We may suspend or terminate an account or connected feature for material breach, security risk, fraud, unlawful use, nonpayment, or legal requirement. Where reasonable, we will provide notice and an opportunity to cure. Termination does not eliminate accrued payment obligations or provisions that by nature should survive.
EXCEPT FOR THE ONE-YEAR LIMITED WARRANTY, ANY IMPLIED WARRANTIES THAT ACCOMPANY THAT WRITTEN WARRANTY, AND NON-WAIVABLE RIGHTS, THE WEBSITE, APP, CLOUD SERVICES, AND OTHER NON-HARDWARE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSMOS DISCLAIMS IMPLIED WARRANTIES RELATING TO THOSE NON-HARDWARE SERVICES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT. COSMOS DOES NOT WARRANT THAT AN ALERT, ESTIMATE, LOCK, UNLOCK, USER MATCH, DATA TRANSFER, MESSAGE, OR SERVICE WILL BE TIMELY, COMPLETE, SECURE, OR ERROR-FREE.
DOSE DOES NOT PROVIDE MEDICAL ADVICE, PRESCRIPTION SUPPORT, CLINICAL MONITORING, DIAGNOSIS, TREATMENT, EMERGENCY RESPONSE, OR PROOF OF INGESTION. IT DOES NOT GUARANTEE PREVENTION OF OVERDOSE, UNDERDOSE, MISSED USE, DIVERSION, THEFT, TAMPERING, CHILD ACCESS, OR UNAUTHORIZED ACCESS. YOU REMAIN RESPONSIBLE FOR MEDICATION AND ITEM SAFETY, PROFESSIONAL INSTRUCTIONS, AND AN INDEPENDENT EMERGENCY ACCESS PLAN.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COSMOS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES, ARISING FROM THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE AFFECTED DEVICE AND SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE EXCLUSIONS AND LIMITS DO NOT APPLY TO PERSONAL INJURY OR PROPERTY DAMAGE TO THE EXTENT CAUSED BY A DEFECTIVE PRODUCT; GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; FRAUD; PRIVACY OR SECURITY DUTIES; OR ANOTHER RIGHT OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED.
You will defend and indemnify Cosmos from a third-party claim, loss, or reasonable cost arising from your unlawful or intentional misuse of the Services, infringement through User Content, unauthorized enrollment or sharing of another person's information, or material violation of another person's rights. This obligation does not apply to the extent a claim results from Cosmos's own breach, negligence, or misconduct, and Cosmos will provide prompt notice and reasonable control of the defense.
Before filing arbitration or a lawsuit, the complaining party must send an individualized written notice describing the party, account or order, facts, claimed harm, and requested relief. Notices to Cosmos may be sent either by email to legal@dosedevice.com or by mail to Cosmos Pharmaceuticals Inc., Attn: Legal, 537 Wheelmen Street, Middletown, DE 19709. The parties will attempt in good faith to resolve the dispute for 60 days after receipt. A limitations period is tolled during that 60-day period where permitted by law.
Except for the exclusions below, any dispute or claim arising out of or relating to these Terms, the Services, an order, communications, privacy, or the relationship between you and Cosmos will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this arbitration agreement.
Arbitration will occur only on an individual basis. You and Cosmos waive any right to bring, participate in, or obtain relief through a class, collective, consolidated, coordinated, representative, or private-attorney-general action, to the maximum extent permitted by law. The arbitrator may award relief only to the individual party and only as necessary to resolve that party's claim.
Unless the parties agree otherwise, arbitration may occur by video, telephone, documents, or in person in the county where you reside. The arbitrator may award any individual remedy available in court and must issue a reasoned written decision. Cosmos will pay the arbitration fees that AAA's Consumer Arbitration Rules or applicable law require it to pay. Fees will not be shifted against a consumer except where a claim is determined to be frivolous or brought for an improper purpose under applicable law. If AAA is unavailable, the parties will choose a comparable provider or a court will appoint one.
Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or emergency relief in a court of competent jurisdiction to prevent imminent irreparable harm while arbitration is pending. Government agencies may exercise their lawful authority.
For any claim that proceeds in court, you and Cosmos knowingly waive a jury trial to the maximum extent permitted by law.
If a court determines that a request for public injunctive relief cannot lawfully be arbitrated, that request will be decided by the court; any stay pending arbitration applies only to the extent permitted by law. The remainder of this Section will remain effective to the fullest extent permitted.
You may opt out of arbitration within 30 days after you first accept these Terms by sending an email to legal@dosedevice.com or mailing written notice to Cosmos Pharmaceuticals Inc., Attn: Legal, 537 Wheelmen Street, Middletown, DE 19709. The notice must include your full name, account email, order number if available, mailing address, and an unambiguous statement that you opt out of the arbitration agreement. Opting out will not affect your account, order, warranty, or other Terms.
If you obtain the App through Apple's App Store, the following terms apply in addition to the rest of these Terms:
• These Terms are between you and Cosmos, not Apple. Cosmos, not Apple, is solely responsible for the App and its content.
• Your App license is nontransferable and limited to use on Apple-branded products you own or control, subject to the Apple Media Services usage rules, including permitted Family Sharing, volume-purchase, or legacy-contact use.
• Apple has no obligation to provide maintenance or support for the App. Cosmos is responsible for support as stated in these Terms.
• If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the App purchase price, if any, as provided by Apple. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Cosmos, not Apple, is responsible for addressing claims relating to the App, including product-liability, legal-compliance, and consumer-protection claims, subject to these Terms and applicable law.
• Cosmos, not Apple, is responsible for investigation, defense, settlement, and discharge of a claim that the App infringes a third party's intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on a U.S. government prohibited or restricted party list. You must comply with applicable third-party terms when using the App, including wireless-data, carrier, device, App Store, and payment-provider terms. Questions, complaints, or claims regarding the App should be directed to Cosmos Pharmaceuticals Inc., 537 Wheelmen Street, Middletown, Delaware 19709, (302) 563-0047, support@dosedevice.com.
• Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it after you accept these Terms.
We may update these Terms to reflect changes in products, law, security, or business practices. We will post the revised version and update the date. For a material change, we will provide reasonable advance notice and obtain renewed acceptance where required. A change will not retroactively alter the arbitration treatment of a dispute already formally noticed before the change.
Delaware law governs these Terms without regard to conflict-of-law principles, except that the Federal Arbitration Act governs Section 24. This choice does not deprive a consumer of non-waivable protections of the consumer's home jurisdiction.
The product page and checkout control model, price, discount, quantity, and shipping details for a specific order. The Limited Warranty in Section 13 controls express hardware-warranty remedies. The Privacy Policy and Consumer Health Data Privacy Policy describe privacy practices; they do not override these Terms or reduce rights under applicable law. App Store terms control App Store billing. These Terms otherwise control. A separate signed enterprise agreement controls only to the extent it expressly states.
These Terms are the entire agreement about their subject matter. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be narrowed or severed and the remainder will continue. You may not assign these Terms without our consent, but we may assign them in connection with a merger, financing, reorganization, sale of assets, or by operation of law, subject to applicable consumer rights. Headings are for convenience. Electronic communications and signatures satisfy writing requirements. Provisions concerning ownership, payments, warranty limits, disclaimers, liability, disputes, and general terms survive as appropriate.
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, war, terrorism, epidemic, labor disruption, transportation interruption, supplier failure, utility or network outage, cyberattack, government action, or carrier delay, except that this does not excuse required refunds, privacy or security duties, or other obligations that cannot legally be excused.
| Purpose | Contact |
|---|---|
| Customer support, refunds, returns, warranty | support@dosedevice.com |
| Legal notices and arbitration opt out | legal@dosedevice.com |
| Telephone | (302) 563-0047 |
| Website | DoseDevice.com |
| Cosmos Pharmaceuticals Inc., 537 Wheelmen Street, Middletown, Delaware 19709 | |
| SAFETY OR MEDICAL EMERGENCY. Do not contact Dose support instead of emergency services. Call 911 or the appropriate professional or emergency resource. |