These Terms of Use (“Terms”) are a binding agreement between you and Delfina Saint LLC (“TestPlus,” “we,” “us”) governing your use of the TestPlus AI mobile application (the “App”). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. What the App is — and is not
TestPlus AI is an informational visual aid that uses your device camera to detect whether one or two lines are visible on a compatible two-line lateral flow strip and to keep a log of those observations. The App is not a medical device and does not provide medical advice, diagnosis, or treatment. It does not detect, screen for, confirm, or rule out any disease or condition, and is not a substitute for a laboratory test, a clinician, or the instructions that came with your test. Line-detection software can produce incorrect or unclear readings. Always read your test using its own instructions and consult a qualified healthcare professional before making any health decision. You use the App’s output at your own risk.
2. Eligibility
You must be at least 16 (or the age of digital consent in your country) to use the App.
3. License
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for personal, non-commercial use, subject to these Terms and the applicable app store’s rules.
4. Acceptable use
You agree not to:
- use the App for clinical, diagnostic, or professional medical decision-making;
- rely on the App where an incorrect reading could cause harm;
- reverse engineer, decompile, or modify the App except where law permits;
- resell, sublicense, or commercially exploit the App or its outputs;
- use the App unlawfully.
5. Your data and privacy
By default the App stores readings only on your device. Optional cloud backup is off unless you enable it. Our handling of information is described in the Privacy Policy at https://testplus.one/privacy, incorporated into these Terms.
6. Accounts
If you enable cloud backup, you are responsible for your credentials and activity under your account.
7. Intellectual property
The App, its design, code, and logos are owned by us or our licensors. Except for the license above, no rights are granted.
8. Disclaimers
To the fullest extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind. We do not warrant that readings will be accurate, complete, or reliable, or that the App will be uninterrupted or error-free.
9. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from reliance on a reading, a missed or incorrect detection, or any health decision made using the App. Our total liability will not exceed the greater of what you paid for the App in the past 12 months or USD 50. Nothing excludes liability that cannot be excluded by law. Consumers retain all mandatory rights under local law.
10. Indemnification
You agree to indemnify us from claims arising out of your misuse of the App or violation of these Terms, except where prohibited by law.
11. Changes, suspension, termination
We may update, suspend, or discontinue the App or these Terms. Material changes will be notified in the App or on our website. Continued use after changes constitutes acceptance.
12. Governing law
These Terms are governed by the laws of the State of Hawaii, United States, without regard to conflict-of-laws rules. Consumers also benefit from the mandatory provisions of their country of residence.
13. Apple App Store — additional terms
If you obtained the App from the Apple App Store:
- these Terms are between you and us only, not Apple;
- your license is limited to Apple-branded products you own or control per the App Store Usage Rules;
- we, not Apple, are solely responsible for maintenance and support;
- we are solely responsible for warranties — if the App fails to conform, you may notify Apple and Apple may refund the purchase price (if any), with no other Apple warranty obligation;
- we, not Apple, are responsible for product, IP-infringement, regulatory, and consumer claims;
- you represent you are not in a U.S.-embargoed country or on a prohibited-party list;
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
14. Contact
Delfina Saint LLC, 2359 Saint Louis Dr, Honolulu, HI 96816, USA. Email: support@testplus.one.
15. Miscellaneous
If any provision is unenforceable, the rest remains in effect. These Terms, with the Privacy Policy, are the entire agreement regarding the App.