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NewIQ™ Terms of Service

Last Updated: March 18, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE NEWIQ™ APPLICATION. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.


1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SabrinaDeliversJoy, LLC and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and successors in interest ("Company," "we," "us," or "our") governing your use of the NewIQ™ mobile application ("Application" or "App"). By purchasing, downloading, installing, or using the Application, you represent and warrant that you have the legal capacity and authority to enter into these Terms and that you agree to be bound by them in their entirety.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Application after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.


2. Description of the Application

NewIQ™ is a standalone educational and reference tool designed to assist trained healthcare professionals in reviewing neonatal blood gas reference values and general acid-base interpretation concepts. The Application accepts user-entered blood gas parameters and displays reference ranges, general interpretive categories, and educational commentary based on published neonatal clinical literature.

The Application is not a medical device, diagnostic tool, clinical decision support system, or substitute for professional medical judgment, training, institutional protocols, or the standard of care.


3. Intended Users

The Application is intended solely for use by licensed, certified, or otherwise credentialed healthcare professionals who have received formal training in neonatal blood gas interpretation, neonatal physiology, and clinical medicine ("Qualified Users"). By using the Application, you represent and warrant that you are a Qualified User, or that you are using the Application solely for personal educational purposes under the supervision of a Qualified User.

The Application is not intended for use by patients, parents, caregivers, or any person who is not a trained healthcare professional. The Application must never be used as the sole or primary basis for any clinical decision involving patient care.


4. Educational and Reference Use Only — Critical Disclaimers

4.1 Not Medical Advice

THE APPLICATION PROVIDES GENERAL EDUCATIONAL REFERENCE INFORMATION ONLY. NOTHING IN THE APPLICATION CONSTITUTES MEDICAL ADVICE, A MEDICAL DIAGNOSIS, A TREATMENT RECOMMENDATION, OR A CLINICAL DECISION. THE APPLICATION DOES NOT AND CANNOT ACCOUNT FOR INDIVIDUAL PATIENT CIRCUMSTANCES, COMORBIDITIES, CLINICAL CONTEXT, INSTITUTIONAL PROTOCOLS, EQUIPMENT CALIBRATION, SPECIMEN HANDLING, OR ANY OTHER FACTOR RELEVANT TO CLINICAL DECISION-MAKING.

4.2 Not a Medical Device

THE APPLICATION HAS NOT BEEN REVIEWED, CLEARED, OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION ("FDA"), ANY NOTIFIED BODY UNDER THE EUROPEAN UNION MEDICAL DEVICE REGULATION (EU MDR 2017/745), HEALTH CANADA, THE THERAPEUTIC GOODS ADMINISTRATION (TGA), OR ANY OTHER GOVERNMENTAL OR REGULATORY AUTHORITY AS A MEDICAL DEVICE, CLINICAL DECISION SUPPORT TOOL, IN VITRO DIAGNOSTIC, OR SOFTWARE AS A MEDICAL DEVICE (SaMD). THE APPLICATION IS NOT INTENDED TO MEET THE DEFINITION OF A MEDICAL DEVICE UNDER ANY APPLICABLE JURISDICTION.

4.3 No Reliance

YOU MUST NOT RELY ON THE APPLICATION FOR ANY CLINICAL DECISION. ALL CLINICAL DECISIONS MUST BE MADE BY QUALIFIED HEALTHCARE PROFESSIONALS EXERCISING INDEPENDENT CLINICAL JUDGMENT IN ACCORDANCE WITH APPLICABLE STANDARDS OF CARE, INSTITUTIONAL POLICIES AND PROCEDURES, EVIDENCE-BASED GUIDELINES, AND THE SPECIFIC CLINICAL CIRCUMSTANCES OF EACH PATIENT. THE APPLICATION IS A SUPPLEMENTARY EDUCATIONAL REFERENCE ONLY AND IS INTENDED TO BE USED ALONGSIDE — NEVER IN PLACE OF — CLINICAL TRAINING, EXPERIENCE, JUDGMENT, AND INSTITUTIONAL PROTOCOLS.

4.4 Reference Values and Interpretations

Reference values, ranges, interpretive categories, and any commentary displayed by the Application are derived from published neonatal clinical literature and are provided for general educational reference only. Reference values may vary by institution, laboratory, analyzer, patient population, specimen type, and clinical context. You must always verify any information provided by the Application against your institution's own established reference ranges, protocols, policies, and procedures, and against the specific clinical presentation of each patient. The Application makes no representation that its reference values or interpretive outputs are current, complete, accurate, or applicable to any specific patient, institution, or clinical scenario.

4.5 No Patient Data Storage or Transmission

The Application processes all user-entered data locally on the device and does not store, transmit, collect, or retain any patient information, personal health information (PHI), personally identifiable information (PII), or any other data beyond the current session. The Application has no backend server, cloud storage, user accounts, or data persistence. Users are solely responsible for ensuring compliance with all applicable privacy laws and regulations, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR), and any other applicable data protection or patient privacy laws, when entering any information into the Application.


5. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a compatible mobile device that you own or control, solely for your personal, non-commercial, educational, and reference purposes. This license does not include the right to:


6. Purchase and Payment

6.1 Purchase Price

The Application is available for a one-time purchase price of $4.99 USD (or the equivalent in local currency as determined by the applicable platform) through the Apple App Store and Google Play Store ("Platform(s)"). All purchases are processed by and subject to the terms of the applicable Platform.

6.2 No Refunds

ALL SALES ARE FINAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT OFFER REFUNDS, CREDITS, OR EXCHANGES FOR ANY PURCHASE OF THE APPLICATION. Any refund requests must be directed to the applicable Platform (Apple or Google) in accordance with their respective refund policies. We have no obligation to process or honor any refund request.

6.3 Pricing Changes

We reserve the right to change the price of the Application at any time without notice. Price changes will not affect previously completed purchases.

6.4 Taxes

You are responsible for all applicable taxes, duties, and fees associated with your purchase of the Application.


7. "As-Is" Sale and Disclaimer of Warranties

7.1 As-Is, As-Available

THE APPLICATION IS PROVIDED ON AN "AS-IS," "AS-AVAILABLE," AND "WITH ALL FAULTS" BASIS. YOUR USE OF THE APPLICATION IS AT YOUR SOLE AND EXCLUSIVE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

7.2 No Warranty of Accuracy

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ANY REFERENCE VALUE, REFERENCE RANGE, INTERPRETIVE OUTPUT, ANALYSIS, RECOMMENDATION, COMMENTARY, OR OTHER CONTENT PROVIDED BY THE APPLICATION IS ACCURATE, COMPLETE, CURRENT, CLINICALLY VALID, EVIDENCE-BASED, OR APPLICABLE TO ANY PARTICULAR PATIENT, POPULATION, INSTITUTION, LABORATORY, OR CLINICAL SCENARIO. THE APPLICATION MAY CONTAIN ERRORS, INACCURACIES, OMISSIONS, OR OUTDATED INFORMATION.

7.3 No Warranty of Availability

WE DO NOT WARRANT THAT THE APPLICATION WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM, OR PLATFORM VERSION. WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (OR ANY PART THEREOF) AT ANY TIME, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.


8. Assumption of Risk

8.1 Voluntary Assumption of Risk

BY USING THE APPLICATION, YOU EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO:

8.2 Clinical Responsibility

You acknowledge and agree that you, and not the Company, bear sole and exclusive responsibility for all clinical decisions made in connection with patient care, regardless of whether you consulted the Application. The Application does not create a physician-patient relationship, a provider-patient relationship, or any professional duty of care between the Company and any patient. You are solely responsible for verifying all information and exercising independent professional judgment.


9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY:

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION (i.e., $4.99 USD). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Essential Basis of Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT HAVE MADE THE APPLICATION AVAILABLE TO YOU WITHOUT THESE LIMITATIONS.

9.4 Applicability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, and successors from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Application.


11. Intellectual Property

11.1 Ownership

The Application, including all content, features, functionality, software, code, design, text, graphics, logos, trademarks (including NewIQ™), trade dress, and all intellectual property rights therein, is and shall remain the exclusive property of the Company and its licensors. These Terms do not grant you any right, title, or interest in the Application except for the limited license expressly set forth in Section 5.

11.2 Trademarks

NewIQ™ and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without the prior written permission of the Company.

11.3 Feedback

If you provide any feedback, suggestions, or ideas regarding the Application ("Feedback"), you hereby assign to the Company all right, title, and interest in and to such Feedback, and the Company shall be free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction or obligation to you.


12. Termination

12.1 Termination by Company

We may terminate or suspend your license to use the Application at any time, for any reason or no reason, with or without notice, and without liability to you.

12.2 Termination by User

You may terminate these Terms at any time by deleting the Application from all of your devices.

12.3 Effect of Termination

Upon termination, your license to use the Application shall immediately cease. Sections 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17 shall survive any termination of these Terms.


13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.

13.2 Mandatory Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION ("DISPUTE") SHALL BE RESOLVED EXCLUSIVELY BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN THE STATE OF DELAWARE. THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

13.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

13.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION.

13.5 Limitation Period

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPLICATION MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. ANY CLAIM NOT BROUGHT WITHIN THIS PERIOD IS PERMANENTLY BARRED.


14. Third-Party Platforms

The Application is distributed through the Apple App Store and Google Play Store. Your use of the Application is also subject to the terms and conditions of the applicable Platform. In the event of a conflict between these Terms and the terms of any Platform, these Terms shall control to the extent permitted by the Platform's terms. You acknowledge that:


15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding your use of the Application and supersede all prior and contemporaneous agreements, proposals, and representations, whether written or oral.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

15.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. The Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms without restriction. Any attempted assignment in violation of this Section shall be null and void.

15.5 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, labor disputes, power failures, internet disruptions, or Platform outages.

15.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and do not confer any rights or remedies upon any third party, except as expressly provided herein.

15.7 Notices

Any notices required or permitted under these Terms may be provided by the Company through the Application or via the contact information below.

15.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

15.9 Construction

These Terms shall not be construed against the Company by reason of having drafted them. The words "include," "including," and similar terms shall be deemed to be followed by "without limitation."


16. Professional and Regulatory Compliance

You acknowledge and agree that:


17. Updates and Modifications to the Application

The Company may, in its sole discretion, release updates, modifications, or patches to the Application from time to time. Such updates may modify, add, or remove features or functionality. You acknowledge and agree that:


18. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. Department of State. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions.


19. Children's Privacy

The Application is not intended for use by individuals under the age of 18. We do not knowingly collect or solicit information from anyone under 18. If you are under 18, do not use the Application.


20. Contact Information

If you have any questions about these Terms, please contact us at:

SabrinaDeliversJoy, LLC

Email: sabrinadeliversjoy@gmail.com


BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT THEY SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS RELATING TO THE APPLICATION.