Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) form an agreement between you and Open Label LLC (“Open Label”, “we”, “us”) covering the website at openlabelsupply.com and the CPAP Tracker mobile application (together, the “Services”). By using the Services you agree to these Terms. If you don’t agree, please don’t use them.

Our Privacy Policy is part of these Terms and explains how we handle personal information.

2. Who may use the Services

You must be at least 18 years old, or the age of majority where you live, to use the Services. By using them you confirm you meet that requirement and that you are not barred from doing so under applicable law.

3. Licence to use the app

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to install and use CPAP Tracker on Apple-branded devices you own or control, for your own non-commercial use. This is a licence, not a sale: we and our licensors keep all rights not expressly granted.

You may not copy, modify, translate, reverse engineer, decompile, or disassemble the app, remove any proprietary notice, rent, lease, lend, sell, or sublicense it, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law.

4. What CPAP Tracker is — and is not

CPAP Tracker is a logbook and reminder tool. It records what your machine displays, keeps that record in order, and counts down replacement intervals for consumable parts.

It is not a medical device. It does not diagnose, treat, cure, mitigate, or prevent any disease or condition. It does not measure, monitor, or assess your health, your breathing, or your therapy, and it does not connect to or control your machine. It does not replace your care team, your equipment supplier, or the reports your machine and its manufacturer produce.

Nothing in the Services is medical advice. Decisions about your therapy, your equipment, or your health belong with you and your clinician. Never disregard professional advice, or delay seeking it, because of something you read here or saw in the app. In an emergency, call your local emergency number.

Accuracy. The app reads figures from a screen using your device’s camera. That process can misread a display — because of glare, angle, focus, an unfamiliar screen layout, or a display we haven’t seen before. Entries may be wrong or missing, and you are responsible for checking anything that matters against your machine itself. Replacement countdowns are general guidance drawn from manufacturers’ published intervals; the instructions supplied with your equipment always take precedence, as does the advice of your equipment supplier or clinician.

5. Your data and your device

What you record in the app is stored on your device. We do not receive it, cannot access it, and cannot recover it for you. If you lose your device, delete the app, or reset it without a backup, your log is gone. If keeping the record matters to you, use the app’s export function and keep a copy, or maintain device backups.

6. Beta software

If you take part in the beta through TestFlight, you are using pre-release software provided “as is” for evaluation. It may contain defects, may behave unexpectedly, may lose data, and may stop working when a build expires. Beta builds are confidential to the extent they include features not yet public; please don’t publish screenshots of unreleased features without asking us first. You may leave the beta at any time by deleting the app and telling us to remove your address. Feedback you send us may be used to improve the Services without obligation or payment to you.

TestFlight is operated by Apple and subject to Apple’s own terms.

7. Price and future paid features

CPAP Tracker is free at launch. There is no subscription, no trial that converts into one, and no advertising. If we ever introduce a paid feature, it will be an optional addition, presented with its price before you buy, and purchased through Apple’s in-app purchase system under Apple’s terms. The logbook described in section 4 stays free.

8. Emails you ask for

If you give us your email address for the beta list or the supplies launch list, you are asking us to write to you for that purpose. We send what you asked for and nothing else, and every email has a one-click unsubscribe link. You can also ask us to remove you by emailing support@openlabelsupply.com.

9. Acceptable use

Please don’t use the Services to break the law, infringe anyone’s rights, or interfere with the Services or anyone else’s use of them. Specifically, don’t attempt to gain unauthorised access to any part of the Services or our systems, probe or scan for vulnerabilities without our written permission, use automated means to overload or scrape the site, submit anyone else’s personal information without their permission, impersonate anyone, or send us unlawful, abusive, or deliberately misleading content.

If you believe you have found a security issue, please tell us at support@openlabelsupply.com before disclosing it publicly. We will respond and will not pursue good-faith researchers who act responsibly.

10. Intellectual property

The Services, including the software, text, layout, illustrations, and the Open Label name and logo, are owned by Open Label LLC and protected by intellectual property laws. You may not use our name or logo without written permission, other than in fair descriptive reference to us. Third-party components included in the app or the site remain subject to their own licences; the Archivo typeface used on this site is licensed under the SIL Open Font License 1.1.

11. Third-party names and trademarks

Open Label is an independent company. We are not affiliated with, endorsed by, sponsored by, or otherwise connected to ResMed, Philips, or any other CPAP machine manufacturer. Any manufacturer or product names that appear are the trademarks of their respective owners and are used only where necessary to describe compatibility or context. We make no representation that the app will work with any particular make or model of machine.

12. Supplies and future sales

Replacement supplies described on this site are not yet available for sale. Nothing on the site is an offer to sell, and no order can be placed. Descriptions of planned products are statements of present intent and may change before launch. Supplies, when offered, will be accessories and consumables — not medical devices — and will be sold under separate terms of sale covering price, shipping, returns, and warranty, presented at the point of purchase.

13. Apple-specific terms

These Terms are between you and Open Label LLC, not with Apple Inc. Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price paid; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, regulatory compliance, or consumer protection claims, or any intellectual property infringement claim. You confirm you are not located in a country subject to a US Government embargo or designated as terrorist-supporting, and are not on any US Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, that scanning will correctly read any given display, or that entries or reminders will be accurate or complete.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits any non-waivable statutory rights you have as a consumer.

15. Limitation of liability

To the maximum extent permitted by law, Open Label LLC and its members, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of or inability to use the Services — including any decision made or not made in reliance on an entry, a trend, or a replacement reminder — whether based in contract, tort, negligence, strict liability, or any other theory, and whether or not we were advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services will not exceed the greater of the amount you paid us in the twelve months before the claim arose, or fifty US dollars ($50).

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded.

16. Indemnification

You agree to indemnify and hold harmless Open Label LLC and its members, officers, and employees from any claims, damages, liabilities, and reasonable legal fees arising out of your misuse of the Services, your violation of these Terms, or your violation of any law or third-party right.

17. Termination

You may stop using the Services at any time and delete the app. We may suspend or end your access if you materially breach these Terms, or if we discontinue the Services. Sections 4, 5, and 10 through 20 survive termination.

If we discontinue CPAP Tracker, the copy already installed on your device and the log inside it remain yours; we have no ability to remove them remotely.

18. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Talk to us first. If you have a problem, email support@openlabelsupply.com with a description of it and what you would like us to do. We will try in good faith to resolve it within 60 days, and most things are settled this way.

If we can’t resolve it, you and Open Label agree that the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and each of us consents to venue and personal jurisdiction there. This does not prevent either of us from bringing an individual claim in a small claims court, and it does not deprive you of the protection of mandatory consumer laws in your country of residence — if you live in the EEA or UK, you may bring proceedings in your local courts.

19. Changes to these terms

We may update these Terms. If a change is material, we will post notice on this page at least 30 days before it takes effect and update the “last updated” date. Continuing to use the Services after a change takes effect means you accept the revised Terms; if you don’t accept them, stop using the Services.

20. General

These Terms, together with the Privacy Policy, are the entire agreement between you and Open Label about the Services. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to a successor in connection with a merger, acquisition, or sale of assets. Except as stated in section 13, there are no third-party beneficiaries. We are not liable for failure to perform caused by events beyond our reasonable control.

21. Contact

Open Label LLC, Wilmington, Delaware, USA — support@openlabelsupply.com.

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