Terms of Use | Sweetch

Terms of Use

(Last update: May 7, 2026)

Welcome to the Sweetch App developed and operated by Sweetch Health Ltd. (together with our affiliates and subsidiaries, “Company”, “we,” or “us”). These Terms of Use (this “Agreement”) govern your access to and use of the Sweetch mobile application and any related services, features, and content (collectively, “Services”).

For the purpose of this Agreement, “User”, “you”, or “your” means any individual who downloads, installs, accesses, registers for, or otherwise uses the Services. The Company and the User may be referred to herein collectively as the “Parties” or individually as a “Party”.

The Service is an AI-powered lifestyle and wellness application designed to help individuals better understand patterns and trends in their health and wellness data. The Services analyze information received from connected health platforms and devices, as well as information voluntarily provided by users, in order to generate insights, observations, and wellness-related guidance. The Services may include features such as health data tracking, AI-generated insights, nutritional and activity analysis, and interactions with an AI companion designed to support users in their wellness journey.

By downloading, installing, accessing, registering for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to this Agreement, you must not access or use the Services.

The Effective Date of this Agreement shall be the earlier of: (i) the date on which you first download, access, or use the Service; or (ii) the date on which you create an account or subscribe to a subscription plan available through the Service or through its related websites and landing pages (each, a “Subscription Plan”).

Important Notice – Arbitration and Class Action Waiver: PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION, YOU AND THE COMPANY AGREE THAT ANY DISPUTES ARISING UNDER THIS AGREEMENT OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN COURT. BY ACCEPTING THIS AGREEMENT, YOU ARE WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility
1. The Services are intended for use only by individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and that you possess the legal capacity to enter into this Agreement and to comply with its terms.
2. The Services are intended solely for personal, non-commercial use by individual users. You may not access or use the Services if doing so would violate any applicable law or regulation, or if you are otherwise prohibited from entering into binding agreements under applicable law.
3. The Company reserves the right, at its sole discretion, to request additional information, documentation, or verification from any User for the purpose of confirming compliance with the eligibility requirements set forth in this Section. The Company may suspend, restrict, or terminate a User’s access to the Services if it reasonably believes that the User does not meet such eligibility requirements, has provided inaccurate or misleading information, or is otherwise using the Services in violation of this Agreement or applicable law.
Modification to these Terms

The Company may amend or update this Agreement from time to time, in its sole discretion. Any such changes shall become effective upon posting the updated version through the Services or otherwise making it available to you, unless a later effective date is specified therein or required by applicable law. Where required by applicable law, the Company will provide Users with notice of material changes to this Agreement through the Services, by email, or by other reasonable means. Your continued access to or use of the Services following the effective date of the updated Agreement constitutes your acceptance of the revised Agreement. If you do not agree to any updated version of this Agreement, you must cease using the Services.

Right Granted, Account Registration, and Subscription Plans
1. Subject to the terms of this Agreement, the Company hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable right and license to access and use the Services during the Term, solely for your personal, non-commercial use and strictly in accordance with this Agreement and applicable law. No right, title, or interest in or to the Services is granted to you except for the limited right of use expressly set forth herein, and all rights not expressly granted are reserved by the Company and its licensors.
2. In order to access or use certain features or functionalities of the Services, you may be required to create and maintain a personal user account (the “Account”). When registering an Account, you agree to provide accurate, current, and complete information, and to keep such information updated without undue delay. You shall be solely responsible for maintaining the confidentiality and security of your Account credentials and for all activities occurring under your Account, whether or not authorized by you. You agree to notify the Company promptly of any unauthorized access to or use of your Account or any other breach of security relating to the Services.
3. In connection with the creation or verification of your Account, the Company may require you to provide certain contact details, including a valid mobile phone number. The Company may send verification codes, authentication messages, or other service-related communications (including via SMS, messaging applications, phone call, or similar communication methods) for the purpose of confirming your identity, enabling access to the Services, securing your Account, or facilitating the operation of the Services. You agree to receive such communications as part of your use of the Services. Standard messaging and data rates charged by your mobile carrier may apply. You represent and warrant that any phone number or contact details you provide belong to you or that you are duly authorized to provide and use such contact details for the purposes described herein.
4. Your Account is personal to you and may not be shared with, transferred to, or used by any other person. The Company reserves the right to refuse registration of, suspend, restrict, or terminate any Account, or reclaim any username, in each case at its sole discretion, including where the Company reasonably believes that the information provided is inaccurate, misleading, incomplete, or otherwise inconsistent with this Agreement or applicable law.
5. The User shall be solely responsible for all activities conducted through the Account, whether by the User or by any person accessing the Services through the User’s Account. The User is responsible for maintaining appropriate safeguards over the Account and any device used to access the Services. The Company shall not be responsible for any loss, damage, or liability arising from unauthorized access to the Account resulting from the User’s failure to maintain the confidentiality or security of the Account credentials or related devices.
6. Certain features, content, or functionalities of the Services may be made available only through a Subscription Plan. Users may select and activate a Subscription Plan through the applicable interface of the Services, through designated pages on the Company’s website or related landing pages, or through a third-party application marketplace (such as the Apple App Store or Google Play), as applicable.
7. The scope of access, features, limitations, duration, pricing, and other commercial conditions applicable to each Subscription Plan shall be as presented to the User at the time the applicable Subscription Plan is selected, activated, or purchased through the relevant interface, marketplace, website, or landing page. By selecting or purchasing a Subscription Plan, the User agrees to the terms applicable to such Subscription Plan in addition to this Agreement.
8. Nothing in this Agreement or in any Subscription Plan shall be construed as obligating the Company to make available any particular feature, functionality, or content on a perpetual basis. The Company may, from time to time and in its sole discretion, modify, suspend, discontinue, or replace portions of the Services, subject to applicable law and the terms of the applicable Subscription Plan.
Acceptable Use and User Restrictions
1. The User agrees to access and use the Services solely in accordance with this Agreement and applicable law. The User shall not, directly or indirectly, access or use the Services in any manner that: (a) violates any applicable law, regulation, or third-party rights, including intellectual property, privacy, or publicity rights; (b) interferes with, disrupts, damages, or attempts to gain unauthorized access to the Services, the Company’s systems, or any servers or networks connected to the Services; (c) copies, scrapes, crawls, indexes, downloads, extracts, or otherwise collects data or content from the Services other than the User’s own User Data, except as expressly permitted under this Agreement; (d) attempts to reverse engineer, decompile, disassemble, or otherwise derive the source code, underlying algorithms, models, or technical components of the Services, including any artificial intelligence or machine learning elements of the Services; (e) uses the Services or any outputs generated through the Services for the purpose of developing, training, or improving any competing product, service, or artificial intelligence system; (f) rents, leases, sublicenses, distributes, transfers, sells, or otherwise makes the Services available to any third party; (g) uploads, transmits, or otherwise provides through the Services any content or information that is unlawful, harmful, defamatory, obscene, infringing, misleading, or otherwise objectionable; (h) uses the Services in connection with automated systems or scripts designed to access, extract, or manipulate the Services; or (i) uses the Services in any manner that could reasonably harm the Services, the Company, or other users.
2. The User shall only provide or upload information to the Services that the User has the lawful right to provide. The User represents and warrants that any data, content, or information submitted through the Services, including health-related information, is provided lawfully and does not violate the rights of any third party.
3. The Company reserves the right to monitor compliance with this Section and may suspend, restrict, or terminate a User’s access to the Services if it reasonably determines that the User has violated this Agreement or has used the Services in a manner that may harm the Services, the Company, or other users.
Notifications, User Data, and Third-Party Data Sources
1. The Services may include notifications, alerts, reminders, insights, or other service-related messages delivered through the application interface, push notifications, email, SMS, or other communication channels. Such notifications may relate to your use of the Services, updates regarding your Account, health and wellness insights generated by the Services, reminders, or other features designed to support your use of the Services. By using the Services, you acknowledge and agree that the Company may send you such service-related communications. You may manage certain notification preferences through your device settings or within the application, where such options are made available.
2. The Services rely on various types of information provided to or collected by the application in connection with the User’s use of the Services. Such information may include, without limitation: (a) information and feedback voluntarily provided by the User during the use of the Services; (b) health, wellness, activity, or lifestyle data submitted by the User; (c) information generated through the User’s interaction with the Services; (d) information received through integrations with third-party platforms or services (such as health data platforms); and (e) information collected from connected devices, wearable devices, smartphone sensors, or other external data sources (collectively, “User Data”).
3. The User acknowledges that certain features of the Services may require connecting the Services with third-party platforms or devices and authorizes the Company to access relevant data from such platforms in accordance with this Agreement and the Privacy Policy.
4. The availability, completeness, and accuracy of certain User Data may depend on third-party platforms, connected devices, wearable devices, or other external data sources that are not controlled by the Company. The Company does not manufacture, operate, control, or endorse such third-party services or devices and does not guarantee their availability, accuracy, or proper operation. The User acknowledges that any malfunction, inaccuracy, delay, interruption, or unavailability of such third-party services or devices may affect the functionality, outputs, insights, or notifications generated by the Services. To the maximum extent permitted by applicable law, the Company shall not be responsible or liable for any failure, unavailability, inaccuracy, or malfunction of any such third-party platforms, services, devices, or external data sources.
5. The User represents and warrants that any User Data submitted, uploaded, or otherwise made available through the Services (i) complies with applicable law, and (ii) that the User has all necessary rights, licenses, permissions, and consents required under applicable law to provide such User Data to the Company for the purposes of operating the Services. The User remains solely responsible for any User Data provided through the Services.
6. The Company shall have no obligation to review, store, maintain, or retain any User Data for any specific period of time. The Company reserves the right, at its sole discretion and without prior notice (unless required otherwise under applicable law), to remove, delete, or restrict access to any User Data that it reasonably believes violates this Agreement or applicable law, or that may expose the Company or other users to risk or liability.
Subscription Plans and Payments
1. Certain features or functionalities of the Services may be made available only through a paid Subscription Plan. By selecting or purchasing a Subscription Plan, you agree to pay the applicable subscription fees and any applicable taxes associated with such Subscription Plan. You authorize the Company, or the applicable payment provider used for the transaction, to charge the payment method associated with your account for the applicable subscription fees in accordance with the selected Subscription Plan.
2. Unless otherwise specified at the time of purchase, Subscription Plans operate on a recurring subscription basis (for example, monthly or annually) and will automatically renew for successive subscription periods unless cancelled prior to the end of the then-current subscription period. The price, billing cycle, and applicable terms of each Subscription Plan will be presented to you at the time you activate or purchase the Subscription Plan through the relevant interface, marketplace, website, or landing page.
3. The Company may modify the fees applicable to Subscription Plans from time to time. Any such change will apply beginning with the next subscription renewal period following reasonable prior notice to the User where required by applicable law.
4. You may cancel your Subscription Plan at any time through the relevant account settings or through the applicable purchasing interface. Unless required by applicable law, cancellations will take effect at the end of the then-current subscription period and no refunds will be provided for partial subscription periods. Where applicable law grants consumers a statutory right of withdrawal or cancellation, such rights shall apply in accordance with applicable law.
5. The Company may offer free trials or promotional access to certain Subscription Plans. Unless cancelled before the end of the applicable trial period, the Subscription Plan will automatically convert into a paid subscription at the price disclosed at the time the trial was activated.
6. Where a Subscription Plan was purchased through a third-party marketplace or platform, the payment processing, renewals, and cancellation procedures may be subject to the terms and policies of such platform.
AI-Generated Insights and Content
1. The Services may generate insights, observations, recommendations, analyses, summaries, conversational responses, or other outputs derived from the processing of User Data through automated technologies, including artificial intelligence and machine learning systems, whether operated by the Company or by third-party service providers engaged by the Company for the purpose of supporting the Services (collectively, “Generated Content”).
2. The User acknowledges and agrees that, in connection with the provision and improvement of the Services, certain User Data, prompts, inputs, and related information submitted through the Services may be processed by third-party providers of artificial intelligence, machine learning, hosting, or related technologies acting on the Company’s behalf, in accordance with this Agreement and the Privacy Policy.
3. Generated Content is provided solely for informational and general wellness-support purposes, may depend on the availability, completeness, and accuracy of User Data and third-party data sources, and may be incomplete, inaccurate, delayed, inconsistent, or outdated. The User acknowledges that Generated Content is automatically produced through algorithmic processing and should not be relied upon as the sole basis for any decision.
4. The User further acknowledges that the artificial intelligence and machine learning components used as part of the Services may evolve over time and may be updated, changed, replaced, or discontinued by the Company or its service providers. As a result, the nature, scope, features, accuracy, consistency, or style of Generated Content may vary from time to time.
5. The User should exercise discretion when submitting information through AI-enabled portions of the Services and should not submit any information that the User is not authorized to provide under applicable law or that the User does not wish to be processed in accordance with this Agreement and the Privacy Policy.
Intellectual Property and Ownership
1. The Services, including the Sweetch mobile application, the underlying platform, software, algorithms, models, user interface, design, layout, “look and feel”, functionalities, features, documentation, and all associated technology, together with any updates, improvements, modifications, or derivative works thereof (collectively, the “Company Technology”), are and shall remain the exclusive property of the Company and its licensors. Except for the limited right to access and use the Services expressly granted under this Agreement, nothing in this Agreement shall be construed as transferring, assigning, or granting to the User any right, title, or interest in or to the Company Technology.
2. All trademarks, service marks, trade names, logos, domain names, brand features, and other distinctive brand identifiers associated with the Services are the exclusive property of the Company or its licensors. The User shall not use, reproduce, display, distribute, or otherwise exploit any such marks or identifiers without the Company’s prior written consent, except as permitted through the normal and authorized use of the Services.
3. As between the Parties, the User retains all rights, title, and interest in and to the User Data submitted or made available through the Services. By submitting, uploading, transmitting, or otherwise making User Data available through the Services, the User grants the Company a worldwide, non-exclusive, royalty-free license to access, use, process, store, reproduce, analyze, transmit, and otherwise process such User Data for the purpose of operating, maintaining, securing, improving, developing, and providing the Services, including generating Generated Content, enhancing existing functionalities, developing new features, and improving the Company’s technologies, algorithms, and machine learning models, all in accordance with this Agreement and the Privacy Policy.
4. To the extent permitted by applicable law, the Company may generate, derive, and use information derived from the use of the Services or from User Data, including in aggregated, anonymized, or de-identified form, for analytics, research, service improvement, product development, and the development, testing, training, and improvement of the Company’s technologies, systems, algorithms, and models, provided that such information does not identify the User. Any such aggregated, anonymized, de-identified, or otherwise derived information shall not be considered User Data and shall be owned exclusively by the Company, and the Company may use, process, disclose, and exploit such information for any lawful business purpose.
5. Any suggestions, ideas, feedback, comments, or recommendations provided by the User regarding the Services (“Feedback”) may be used by the Company without restriction and without any obligation to the User. To the extent the User holds any rights in such Feedback, the User hereby grants the Company a perpetual, irrevocable, worldwide, royalty-free, and transferable license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose related to the Services or the Company’s business.
Term, Termination and Suspension
1. This Agreement shall commence on the Effective Date and shall remain in effect until terminated in accordance with this Agreement. For the avoidance of doubt, any Subscription Plan purchased by the User shall remain in effect for the applicable subscription period, subject to renewal, cancellation, or termination in accordance with this Agreement and the terms applicable to such Subscription Plan.
2. The User may stop using the Services at any time. The User may also cancel the User’s Account or any applicable Subscription Plan in accordance with this Agreement and the applicable purchasing interface. Cancellation or deletion of an Account shall not entitle the User to any refund except as expressly provided in this Agreement or required by applicable law.
3. The Company may, at any time and in its sole discretion, suspend, restrict, or terminate the User’s access to all or any part of the Services, with or without prior notice, if the Company reasonably believes that: (i) the User has violated this Agreement or applicable law; (ii) the User’s use of the Services may create risk, harm, or potential liability for the Company, the Services, or any third party; (iii) the User’s access to or use of the Services is fraudulent, abusive, unauthorized, or otherwise improper; or (iv) such suspension, restriction, or termination is required for legal, regulatory, security, or technical reasons.
4. The Company may also suspend, discontinue, or terminate all or any part of the Services, including any feature or functionality thereof, at any time, subject to applicable law and, where applicable, the terms of the relevant Subscription Plan.
5. Upon any termination of this Agreement or the User’s access to the Services: (i) all rights granted to the User under this Agreement shall immediately cease; (ii) the User must cease all use of the Services; and (iii) any provisions of this Agreement which by their nature should survive such termination shall so survive, including without limitation provisions relating to intellectual property, Generated Content, payment obligations accrued prior to termination, disclaimers, limitation of liability, indemnification, dispute resolution, and any other provisions intended to survive.
Beta Features, Trials, and Promotions
1. The Company may from time to time make available to Users certain pre-release, experimental, or beta features of the Services (“Beta Features”). Beta Features are provided for testing and evaluation purposes only and may be incomplete, contain errors or bugs, or otherwise operate differently from the generally available Services. The Company makes no representation or commitment that any Beta Features will become generally available, and the Company may modify, suspend, or discontinue any Beta Feature at any time, with or without notice.
2. The Company may also offer Users free trials, promotional access, discounts, credits, referral benefits, or other limited-time features, programs, or incentives (collectively, “Promotions”). Unless expressly stated otherwise in the applicable Promotion terms, Promotions: (i) are provided for a limited time and may be modified or discontinued at any time; (ii) may be subject to additional eligibility criteria or limitations; and (iii) may not be transferred, exchanged for cash, or combined with other offers except where expressly permitted.
3. Unless otherwise specified, any free trial or promotional access that provides access to a Subscription Plan will automatically convert into a paid subscription at the applicable price at the end of the trial or promotional period unless the User cancels the Subscription Plan before the trial or promotional access expires, in accordance with the applicable cancellation procedures.
4. Beta Features and Promotions are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the Company disclaims any obligation to provide maintenance, support, updates, warranties, or service levels with respect to Beta Features or Promotions. The User acknowledges that the use of Beta Features or Promotions is voluntary and at the User’s own risk.
6. To the extent permitted by applicable law, the Company shall not be liable for any damage, loss, or disruption arising from the availability, use, modification, suspension, or discontinuation of any Beta Features or Promotions.
Support Services
1. The Company may make available certain support resources to assist Users in their use of the Services, such as help center materials, FAQs, in-app guidance, or support communications through email or other online channels. Please contact the Company’s support at support@sweetch.com.
2. While the Company may provide support or respond to User inquiries from time to time, the Company does not undertake to provide any specific level of support, response time, or resolution. Support resources and availability may change from time to time at the Company’s discretion.
3. The Company may request certain information from the User in order to investigate technical issues or respond to support requests. The User agrees to reasonably cooperate with such requests where necessary to address the reported issue.
Security and Privacy.
1. The Company implements and maintains reasonable and appropriate administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of User Data, including protection against unauthorized or unlawful access, use, disclosure, alteration, or destruction. Notwithstanding the foregoing, the User acknowledges that no method of transmission over the Internet, and no method of electronic storage, is completely secure, and the Company does not guarantee that the Services, its systems, or any User Data will be completely immune from all security threats, breaches, or unauthorized access.
2. The User is responsible for maintaining the security of the devices used to access the Services and for protecting the confidentiality of any account credentials associated with the Services. The Company shall not be responsible for any unauthorized access resulting from the User’s failure to maintain appropriate security over such devices or credentials.
3. The Company may engage trusted service providers, infrastructure providers, and other third parties in connection with the hosting, operation, and support of the Services, which may involve the processing of User Data on the Company’s behalf, in accordance with applicable law.
4. Any collection, use, disclosure, storage, or other processing of Personal Data by the Company in connection with the Services shall be governed by the Company’s https://www.sweetch.com/privacy-policy
5. which is hereby incorporated by reference into this Agreement.
App Store Terms
1. The User acknowledges that this Agreement is concluded solely between the User and the Company, and not with Apple, Google, or any of their respective affiliates (each, an “App Store Provider”). The Company, and not any App Store Provider, is solely responsible for the Services and the content thereof.
2. The Company, and not the applicable App Store Provider, is responsible for addressing any claims of the User or any third party relating to the Services, including claims relating to product liability, consumer protection, regulatory compliance, or intellectual property infringement.
3. To the maximum extent permitted by applicable law, the App Store Providers shall have no obligation or responsibility whatsoever with respect to the Services, including any maintenance, support, warranty, or product claims relating thereto. To the extent applicable, if the Services fail to conform to any applicable warranty that cannot be effectively disclaimed under applicable law, the User may notify the applicable App Store Provider, and the App Store Provider may refund the purchase price, if any, paid by the User for the mobile application. To the maximum extent permitted by applicable law, and as between the Company and the applicable App Store Provider, the App Store Provider shall have no other warranty obligation whatsoever with respect to the Services.
4. The User acknowledges and agrees that the applicable App Store Provider and its subsidiaries are third-party beneficiaries of this Agreement and may enforce this Agreement against the User as a third-party beneficiary.
5. If the Services are downloaded, accessed, or purchased through an App Store Provider, the User acknowledges that the use of the Services may also be subject to the applicable usage rules, policies, and lawful terms of such App Store Provider. In the event of any inconsistency between this Agreement and any mandatory usage rules of the applicable App Store Provider, the latter shall govern solely to the extent required.
6. The User represents and warrants that the User is not located in a country subject to U.S. Government embargo and is not listed on any U.S. Government list of prohibited or restricted parties.
Integration with Apple HealthKit and Google Health Connect
1. The Services may allow the User to connect the application with third-party health data services such as Apple HealthKit or Google Health Connect (collectively, “Health Platforms”). Such connection is optional and may be enabled or disabled by the User through the relevant device or platform settings.
2. If the User enables a Health Platform integration, the User authorizes the Company to access, receive, and process health and fitness information made available through the Health Platform for the purpose of providing and improving the wellness-related features of the Services.
3. Data obtained from Health Platforms will be used solely to provide health and wellness-related functionality within the Services. Such data will not be used for targeted advertising, marketing, or other unrelated data mining purposes. The Company will not sell Health Platform data and will not disclose such data to third parties except as necessary to provide the Services (including through service providers acting on the Company’s behalf) or as otherwise permitted by applicable law and the Privacy Policy.
4. Health information obtained from Health Platforms may include sensitive personal data. By enabling such integration, the User acknowledges and consents to the processing of such information in accordance with this Agreement and the Privacy Policy.
5. The Company does not control and is not responsible for the accuracy, completeness, or availability of data provided by Health Platforms or by third-party devices connected to such platforms. Any reliance on such data is at the User’s own discretion and risk.
6. The User may revoke the Company’s access to Health Platform data at any time through the settings of the relevant Health Platform or device.
7. This section is intended to comply with Apple’s App Store Review Guidelines for HealthKit and Google’s policies for Health Connect integration. The Company will adhere to all applicable platform rules regarding Health Platform.
Indemnification
1. The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (i) the User’s access to or use of the Services; (ii) the User’s breach of this Agreement; (iii) any User Data or other content or information submitted or made available by the User through the Services; (iv) the User’s violation of applicable law; or (v) the User’s infringement or misappropriation of any third-party rights.
2. The Company may assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User shall reasonably cooperate with the Company. The User may not settle any such matter without the Company’s prior written consent, unless the settlement fully releases the Company and imposes no obligation or admission on the Company.
Health and Wellness Disclaimer
1. The Services are intended solely for general lifestyle, wellness, and informational purposes. The Company is not a medical or healthcare provider, and the Services, including any Generated Content, are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
2. The Services do not provide medical advice, diagnosis, or treatment, and are not a substitute for professional medical care. The User should always seek the advice of a qualified healthcare professional regarding any medical condition, symptoms, diagnosis, treatment, medication, or health-related decision, and should not disregard or delay obtaining such advice because of the Services.
3. The Services are not designed, licensed, or registered as a medical device and are not intended for emergency use or for any situation in which inaccurate, delayed, or unavailable information could reasonably be expected to result in harm. If the User believes that the User may be experiencing a medical emergency, the User must immediately contact emergency services or an appropriate healthcare provider.
4. The User acknowledges and agrees that any reliance on the Services or on any Generated Content is solely at the User’s own risk and that the User remains solely responsible for the User’s own health decisions, actions, and omissions.
Warranties and Disclaimers
1. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE COMPANY TECHNOLOGY, THE GENERATED CONTENT, AND ALL RELATED CONTENT, FEATURES, AND FUNCTIONALITIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
2. To the maximum extent permitted by applicable law, the Company disclaims all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.
3. Without limiting the foregoing, the Company does not warrant that the Services will be uninterrupted, secure, error-free, always available, or free of harmful components, or that any content, outputs, recommendations, insights, notifications, or data made available through the Services will be accurate, complete, current, suitable, or reliable.
4. The User acknowledges that the Services incorporate artificial intelligence and machine learning components, and that Generated Content may vary, may be incomplete or inaccurate, and may not reflect the User’s actual condition or circumstances. No oral or written information or advice provided by the Company or through the Services shall create any warranty not expressly stated in this Agreement.
5. Nothing in this Agreement excludes or limits any warranty or right that cannot lawfully be excluded or limited under applicable law.
Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT ACTUALLY PAID BY THE USER TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS (US$100).
3. Without limiting the foregoing, and to the maximum extent permitted by applicable law, the Company shall not be liable for any claim arising out of or relating to User Data, Generated Content, third-party platforms or devices, Health Platforms, Beta Features, Promotions, free trials, or any decision, action, or omission taken by the User in reliance on the Services.
4. Nothing in this Agreement excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law.
Dispute Resolution, Binding Arbitration, and Class-Action Waiver.
1. Except as expressly provided in this Section, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (each, a “Dispute”) shall be resolved by final and binding arbitration on an individual basis.
2. If the User resides in the United States, the arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by this Agreement. If the User does not reside in the United States, the Company may elect that the arbitration be administered by the International Centre for Dispute Resolution (“ICDR”) or another recognized arbitration body, in each case in accordance with the applicable consumer or commercial rules then in effect, as applicable.
3. The seat of arbitration shall be Tel Aviv, Israel, unless otherwise required by applicable law. The arbitration shall be conducted in English. The arbitrator shall apply the substantive laws specified in this Agreement, without prejudice to any mandatory consumer protection laws that may apply to the User.
4. Nothing in this Section shall prevent either Party from: (i) bringing an individual claim in a small claims court, if the claim qualifies and remains in such court; or (ii) seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
5. To the maximum extent permitted by applicable law, all Disputes shall be resolved only on an individual basis. Neither the User nor the Company may bring any claim as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding, and the arbitrator shall have no authority to consolidate claims or preside over any such proceeding.
6. A Party seeking arbitration must submit a written demand for arbitration in accordance with the applicable arbitration rules and provide a copy to the other Party. Payment of filing fees, administrative fees, and arbitrator compensation shall be governed by the applicable arbitration rules and mandatory law, provided that the Company shall pay any portion of such fees required to be paid by the business under the applicable consumer arbitration rules.
7. The arbitrator may award any relief available in a court of competent jurisdiction on an individual basis, provided that such relief is consistent with this Agreement and applicable law. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
8. The User may opt out of this arbitration agreement by sending written notice to the Company within thirty (30) days after first accepting this Agreement. Such notice must clearly state the User’s intent to opt out of arbitration and include sufficient identifying information for the Company to associate the notice with the relevant Account. If the User opts out, Disputes shall be resolved in the courts specified in this Agreement, subject to applicable law.
9. If the class action waiver in this Section is found unenforceable with respect to any Dispute, then such Dispute shall proceed in court and not in arbitration, to the extent required by applicable law. If any other portion of this Section is found unenforceable, the remainder of this Section shall remain in full force and effect.
10. This Section shall survive the termination of this Agreement and the User’s cessation of use of the Services.
Miscellaneous.
1. Assignment. The User may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of the Company. The Company may assign or transfer this Agreement, in whole or in part, without the User’s consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business or assets. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
2. Entire Agreement. This Agreement, together with any applicable Subscription Plan and the Privacy Policy, constitutes the entire agreement between the User and the Company with respect to the Services and supersedes all prior or contemporaneous agreements, communications, or understandings relating to the subject matter hereof.
3. Force Majeure. The Company shall not be liable for any delay or failure to perform any obligation under this Agreement to the extent such delay or failure results from events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental actions, power outages, telecommunications failures, or other similar events.
4. Jurisdiction; Governing Law. Subject to the dispute resolution provisions set forth in Section 19 above, this Agreement and any Dispute arising out of or relating to the Services shall be governed by the laws of the State of Israel, without regard to its conflict-of-laws principles. To the extent a dispute is permitted to proceed in court under this Agreement, such dispute shall be brought exclusively before the competent courts located in the Tel Aviv District, Israel, and the Parties hereby submit to the exclusive jurisdiction of such courts.
5. Independent Contractors. Nothing in this Agreement shall be deemed to create any partnership, joint venture, agency, or employment relationship between the User and the Company.
6. Notice. The Company may provide notices to the User through the Services, by email, or by other reasonable means. The User may provide notice to the Company by contacting the Company through the support contact specified in the Services or through the contact details provided in this Agreement.
7. No Third-Party Beneficiaries. Except as set forth herein, this Agreement does not create any third-party beneficiary rights for any individual or entity that is not a party to this Agreement.
8. No Waivers. Failure by The Company to enforce any provision of this Agreement will not constitute a waiver of such provision nor limit its right to enforce such provision later. All waivers by The Company must be in writing to be effective.
9. Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to the effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement, but the rest of the Agreement will remain in full force and effect.