In order to use the Aerogrami, LLC (“Aerogami”) DigiVaxDoc mobile application (the “mobile app”) you must agree to the terms and conditions contained in this User Agreement (“Agreement”), which is a legal agreement to which you are contractually bound.  By clicking “I agree” at the end of this Agreement, you are certifying that you are signing on behalf of yourself, that You are contractually bound by the terms and conditions of this Agreement, our general Terms and Conditions (which are incorporated herein by reference), and our Privacy Policy.  

 

With DigiVaxDoc, vaccinated adults can create a digital copy of their CDC issued vaccine card.

 

​After it's successfully saved to your mobile device, all personal information and the photo that you uploaded is erased from our server. By using this mobile app, you agree to the collection, use and disclosure of your information in accordance with our DigiVaxDoc Privacy Policy [insert hyperlink], which is incorporated herein by reference. 

 

DISCLAIMERS

 

AEROGAMI DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, DOCUMENT, SOFTWARE OR PROCESS DESCRIBED WITHIN OR DERIVED FROM AEROGAMI.  QUALITY OF DATA AND ITS ACCURACY IS CONTINGENT UPON THE ACCURACY OF ORIGINAL INFORMATION SUBMITTED.  THIS DISCLAIMER, IN ADDITION TO THE WARRANTY LIMITATIONS CONTAINED BELOW MEANS THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY INFORMATION HEREIN AND YOU CANNOT SEEK ANY REDRESS AT ANY TIME FROM AEROGAMI.  YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY INFORMATION UPON WHICH YOU RELY AND MUST MAKE AN INDEPENDENT AND INFORMED JUDGMENT AS TO THE ACCURACY OF SUCH INFORMATION AS OPPOSED TO RELYING UPON ANY INFORMATION OBTAINED FROM AEROGAMI.

 

TERMS AND CONDITIONS

 

1. Terms.  This Agreement shall become effective when You click “I agree” at the end of this Agreement and shall continue thereafter until terminated by either You or Aerogami.  Either party may terminate this Agreement at any time.  However, if either party terminates this Agreement Your right to access and use the Aerogami service shall automatically and immediately terminate.  

2. No Warranties/Disclaimers.  Aerogami does not warrant that any of its products or services will meet Your device or operation system requirements or that it will operate error-free, uninterruptedly or that any defects are correctable.  Aerogami provides no warranties to You either express, implied, or statutory, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-interference with quiet enjoyment, accuracy of the data and/or non-infringement.  Aerogami does not warrant any third-party software, products or equipment. This service is provided to You on an “as is” basis without any warranty of any kind and use of this service is at your own risk.  Aerogami disclaims any and all warranties with respect to the use of the Aerogami service.  The data and information exchanged between the parties is informational only and Aerogami does not represent or warrant that any of the information, data or content is accurate, timely, complete or appropriate.  The disclaimer set forth above is independent of any other remedy set forth herein, and is intended to apply whether or not any other remedy fails of its essential purpose.

3. YOU REPRESENT AND WARRANT THAT YOU WILL ONLY UPLOAD VALID VACCINATION CARDS AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE VAILIDTY OF YOUR VACINE CARD IMAGE. AEROGAMI IS NOT LIABILE FOR ANY MISREPRESENTATION BY YOU RELATED TO YOUR VACCINE CARD AND/OR YOUR FRAUDULENT USE OF OUR MOBILE APP OR SERVICE. AEROGAMI DOES NOT GUARANTEE THE VALIDITY OF THE VACCINE CARD UPLOADED TO ITS MOBILE APP AND/OR SERVICE. 

4. Waiver, Release and Limitation of Liability.  You hereby release and forever waive any and all claims You may have against Aerogami, its officers, directors, employees, agents, licensors or suppliers for losses or damages you may sustain in connection with your use of the Aerogami mobile app to the maximum extent permitted by applicable law.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AEROGAMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH USE OF THE AEROGAMI MOBILE APP OR SERVICE WHETHER AS A CONSEQUENCE OF AN OPERATIONAL FAILURE, INACCURACIES OR ANY OMISSIONS FROM THE INFORMATION, CONTENT OR DATA PROVIDED OR PROCESSED VIA THE AEROGAMI MOBILE APP OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH POSSIBILITY IS REASONABLY FORESEEABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.  THE LIMITATION OF LIABILITY SET FORTH HEREIN IS INDEPENDENT OF ANY OTHER REMEDY SET FORTH HEREIN, AND IS INTENDED TO APPLY WHETHER OR NOT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5. Indemnification.  You agree to defend, indemnify and hold Aerogami, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, losses, actions or demands, liabilities and settlements including without limitations, reasonable legal and accounting fees, costs and other expenses, including but not limited to, administrative penalties and fines, and costs expended to notify individuals and/or to prevent or remedy possible identity theft, financial harm or any other claims of harm related to a breach and/or resulting from, or alleged result from any act or omission of You or Your representatives.  This provision shall survive termination of this Agreement.

6. Miscellaneous.  This Agreement shall be governed by the laws of the Commonwealth of Massachusetts.  If any provision of this Agreement shall be declared invalid or illegal for any reason whatsoever, then notwithstanding such invalid or illegality, the remaining terms and provisions of this Agreement shall remain in full force and effect in the same manner as if the invalid or illegal provision had not been contained herein.  No alteration or modification of this Agreement shall be valid unless specifically agreed to by Aerogami.  Aerogami may change the contents of this Agreement at any time without prior notice to You, and You are responsible to frequently review the Agreement as You are agreeing to the terms and conditions of the Agreement as it may be so modified.  You will not view, use, or download the Aerogami mobile app outside of the United States and if You do so; You do so at Your own risk.

7. Aerogami Privacy Policy.  Any personally identifying information provided to Aerogami is subject to Aerogami’s mobile app Privacy Policy, the terms of which are incorporated herein.  

8. Disclosure and Redisclosure.  You understand and agree that Aerogami may disclose/redisclose the information You provide to Aerogami to third parties, as necessary, in order to administer our DigiVaxDoc services to You. You hereby warrant that You consent and authorize such disclosure/redisclosure.

9. Entire Agreement.  This Agreement, and the Privacy Policy and Terms and Conditions, constitutes the entire Agreement between the Parties on the subject matter of this Agreement and supersedes all oral and written prior representations, agreements and understandings relating to the subject matter.  This Agreement may not be amended, modified, supplemented or rescinded unless agreed to by Aerogami.  

10. If, in the provision of services to user, Aerogami receives access to information protected by applicable law(s), Aerogami will use and disclose such information in order to provide our services and administer the DigiVaxDoc mobile app, or as otherwise required or permitted by law, regulation or regulatory agency. 

11. Aerogami will implement appropriate and reasonable safeguards to prevent use or disclosure of Your information other than as permitted herein and report to user any use or disclosure of such information not provided for by this Agreement as required by law.