ZoeFit.ai, Inc.

 

END USER SOFTWARE AGREEMENT

Updated 08/04/2017

 

1. AGREEMENT
This End User Software Agreement (the “Agreement”) constitutes a legally binding agreement by and between www.ZoeFit.ai, Inc. (hereinafter, “COMPANY”) and you (“You” or “Your”) concerning Your use of www.ZoeFit.ai “Health and Nutrition mobile application (the “APPLICATION”). BY DOWNLOADING OR USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THIS AGREEMENT, COMPANY PRIVACY POLICY LOCATED AT www.ZoeFit.ai (WHICH IS INCORPORATED HEREIN BY REFERENCE), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY THE APPLE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THE APPLICATION. 
As used in this Agreement: “Application” shall further refer to and consist of the following:
(i) the mobile software application accompanying this Agreement, including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; and
(ii) any updates, modifications or enhancements to the items listed in subsection (i).

2. INFORMATIONAL PURPOSES ONLY; RISK ASSUMPTION
 Company provides the Application for informational purposes only. THE APPLICATION DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Application is not a medical professional, and Application does not provide medical services or render medical advice. The Application is not a substitute for the advice of a medical professional, and the information made available on or through the Application should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND www.ZoeFit.ai . YOU HEREBY AGREE THAT, BEFORE USING THE APPLICATION, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET. 
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE APPLICATION. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE APPLICATION.

3. FOOD DATABASE AND NUTRITIONAL INFORMATION
; Application’s food database contains a combination of nutritional information comes from 3rd party sources both domestic and international. Please be advised that nutritional information found in Application’s Food Database has not been reviewed by persons with the expertise required to provide You with complete, accurate, or reliable information. ZOEFIT.AIDOES NOT

4. LICENSE AND RESTRICTIONS ON USE

5. INTELLECTUAL PROPERTY RIGHTS

RESTRICTION ON TRANSFER
YOU MAY NOT RENT, LEASE, LEND, SUBLICENSE OR TRANSFER THE APPLICATION, THIS AGREEMENT OR ANY OF THE RIGHTS GRANTED HEREUNDER. ANY ATTEMPTED TRANSFER IN CONTRAVENTION OF THIS PROVISION SHALL BE NULL AND VOID AND OF NO FORCE OR EFFECT.

6. USE OF INFORMATION AND PRIVACY POLICY
 Company values your privacy. Company use and disclosure of Your information gathered by Application through, or by means of, Your use of the Application shall be governed by Company Privacy Policy currently located at: www.ZoeFit.ai BY USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THE PRIVACY POLICY. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THE PRIVACY POLICY, YOU MUST IMMEDIATELY CEASE AND DESIST USE OF THE APPLICATION. 
The Company reserves the right, at any time and without notice, to add to, update, change or modify this Privacy Policy, simply by posting such update, change or modification on the Company and or Application website at www.ZoeFit.ai . Your continued use of the Application following the posting of changes to the Company Privacy Policy will mean you accept those changes.

7. THIRD PARTY CONTENT AND SERVICES.

8. TERM AND TERMINATION; SURVIVAL

9. DISCLAIMER OF WARRANTIES
 YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, THE COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT:

10. LIMITATION OF LIABILITY 
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. INDEMNIFICATION
 You shall indemnify, defend and hold harmless the Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following:

12. COMPATIBILITY 
The Company does not warrant that the Application will be compatible or interoperable with Your Mobile Deviceor any other piece of hardware, software, equipment or device installed on or used in connection with your Mobile Device. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device to diminish or fail completely, and may result in permanent damage to Mobile Device, loss of the data located on Your Mobile Device, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that the Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

13. GOVERNING LAW; JURISDICTION AND VENUE
 The Application and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in and with the laws of the State of California without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

14. MISCELLANEOUS:

Company: ZoeFit.ai, Inc.

10439 Agave Rd

Jacksonville, FL, 32246

Email: / Legal support@ZoeFit.ai