Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”) and Vivoo
(“we”, “us”, or “our”), concerning your access to and use of the vivoo.io
website as well as any other media form, media channel, mobile website or
mobile application related, linked, or otherwise connected thereto
(collectively, “Vivoo”). You agree that by accessing Vivoo, you have read,
understood and agreed to be bound by all of these Terms of Service. If you do
not agree with all these Terms, then you are expressly prohibited from using
Vivoo, and you shall stop using immediately. We are committed protecting your
privacy and security. This agreement only covers the usage of Vivoo services.
Please review our Privacy Policy for more detailed information related to your
personal data.

  1. Coverage and Usage of Vivoo Services

    1. Vivoo, designs products and tools that help you achieve your wellness
      goals and empower and inspire you to lead a more energized life. These
      Terms apply to your access and use of the Vivoo Service, which is
      provided to you by Vivosens, Inc. (“Vivosens”). The “Vivoo Service”
      consists of our devices including associated firmware, testing strips,
      applications, software, websites, APIs, products, and services
      (“Services”).
    2. Vivoo, designs products and tools that help you achieve your wellness
      goals. Healthy living and nutrition are found in your advice for
      making your goals. The advice given by Vivoo is based on information
      from the user that he or she has given when registering or using the
      services, and from a device called the “strip” tells us some
      information about your health condition by analyzing your urine.
    3. It is your responsibility to use the “strips” you have purchased in
      accordance with the “Expiration Date” and “Operating Manual”
      specified. Vivoo cannot be held liable for any incorrect advice or
      damages that may arise from the “Expired Strips,” “Damaged Strips” or
      “Misused Strips”.
    4. Vivoo, can not be held liable for incorrect advice given as a result
      of incorrect measurements resulting from the devices on which you use
      Vivoo services.
    5. Vivoo measures your urine values including but not limited to
      leukocyte, bilirubin, specific gravity, urobilinogen, pH, nitrite,
      ketone and protein values with urine analysis using the “strip.”
      Measured urinalysis includes specific recommendations for healthy
      living and nutrition by combining your eating habits, chronic
      illnesses, alcohol and cigarette consumption, physical characteristics
      and nutritional habits that you have registered with Vivoo services.
    6. Vivoo provides the Website, Application, and Services for
      informational purposes only. Vivoo Websites, Application, and Services
      does not contain or constitute, and should not be interpreted as
      medical advice or opinion.
    7. VIVOO IS NOT A MEDICAL PROFESSIONAL, AND VIVOO DOES NOT PROVIDE
      MEDICAL SERVICES OR RENDER MEDICAL ADVICE.
    8. VIVOO SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL
      PRACTITIONER, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE
      WEBSITE, APPLICATION, AND SERVICES SHOULD NOT BE RELIED UPON WHEN
      MAKING MEDICAL DECISIONS, DIAGNOSING OR TREATING A MEDICAL OR HEALTH
      CONDITION. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE
      MAKING A DIETARY OR NUTRITIONAL CHANGES.
    9. IF YOU REQUIRE MEDICAL ADVICE OR SERVICES, YOU SHOULD CONSULT A
      MEDICAL PRACTITIONER. YOUR USE OF THE WEBSITE, APPLICATION, OR
      SERVICES DOES NOT CREATE A DOCTORPATIENT RELATIONSHIP BETWEEN YOU
      AND VIVOO. WE DO NOT RECOMMEND TO SHOW YOUR ADVICE AND RESULTS FROM
      VIVOO SERVICES TO YOUR MEDICAL PROFESSIONALS FOR ANY DIAGNOSTIC OR
      TREATMENT.
    10. Vivoo does not (i) guarantee the accuracy or usefulness of any
      nutritional information in the food database; or (ii) adopt, endorse
      or accept responsibility for the accuracy or reliability of any such
      nutritional information. Under no circumstances will Vivoo be
      responsible for any loss or damage resulting from your reliance on the
      nutritional information. Nutritional information in the Nutrition and
      Food Database may not be reproduced, duplicated, copied, modified,
      sold, resold, distributed, visited, or otherwise exploited for any
      commercial purpose without the express written consent of Vivoo.
    11. Vivoo is based solely on information users register with Vivoo
      services. We cannot predict the information users have not given us.
      Vivoo cannot be held liable for damages resulting from advice given by
      Vivoo Services due to information users do not notify Vivoo (such as
      allergy, food intolerance, genetic or other illness, etc.). This is
      also applicable in the case for allergies and diseases that are not
      known to the users themselves.
    12. Vivoo does not assume any liability for inaccuracies or misstatements
      about products, whether based on third party information or on ratings
      generated by the mobile app and/or services. You should carefully read
      all information provided by the manufacturers of the products or in
      the actual product packaging and labels, including for food allergen
      and contact information, nutrient content, qualified health claims,
      and disclaimers regarding food supplement structure and function
      claims, before using or consuming a product. For additional
      information about the product, please contact the manufacturer.
    13. Depending on the advice given by Vivoo, you may need to purchase and
      test some products which are not tested by Vivoo. The food and
      nutrition products recommended by Vivoo have not been tested by Vivoo
      before. (For example fruits, vegetables and packaged products) The
      same applies to equivalent products in the region you live in. We do
      not guarantee the quality of the product, its health claims or
      statements on its packaging, or its suitability for your diet.
    14. In addition to all other limitations and disclaimers in this
      agreement, Vivoo disclaims any liability or loss in connection with
      the provided on the services.
    15. Accessing and using all or some of Vivoo’s services may require some
      different policies, standards or guidelines, or you may need to accept
      additional terms and conditions. Unless otherwise stated, in the event
      of a dispute between these Terms of Service and any other policies,
      standards or guidelines required for a particular area, the policies,
      standards or guidelines necessary for the particular domain shall
      prevail.
  2. Change of Terms of Service

    1. Vivoo reserves the right to amend this Terms of Service at any time in
      accordance with this Terms of Service. If we make changes to this
      Terms of Service, we will update the “Last Update Date” of this Terms.
      We will notify you by email or any other communication channels at
      least thirty (30) days before the date on which the amendments entered
      into force. If you do not agree to the change of Terms of Service, you
      may terminate this Terms of Service immediately by discontinuing the
      use of our Services. In the notification email, we will inform you of
      your right to terminate the Terms. You will not be able to terminate
      your contract prior to the date on which the amended Terms will enter
      into force, and your continued access to or use of the Vivoo Services
      after amended Terms of Service update will mean that you accept the
      amended Terms.
  3. Age Compatibility

    1. You must be at least 18 years old to access Vivoo Services and create
      a Vivoo user account. By accessing Vivoo Services and creating a Vivoo
      user account, you agree that you are over 18 years old. If you suspect
      that any of the users are under the age of 18, please contact us.
  4. Creating Vivoo User Account (Non-Liability Clause)

    1. You must register to use the Services and, as a record, you
      acknowledge that: (a) you provide accurate, real, current and complete
      information about yourself (“Member Data”) at the time of
      registration, and (b) protect the Member Data you provide during
      registration and immediately update it at the time of change. You
      agree that Vivoo can use your data to provide services under the terms
      of before-mentioned Privacy Policy
    2. You are solely responsible for maintaining the confidentiality of the
      information you use to enter your user account and your password. You
      accept the responsibility for all activities that take place in your
      account or on your mobile device. We strive to use reasonable security
      measures to protect your account against unauthorized access. We
      cannot promise that your account will prevent the security of your
      content (as explained below) or the personal information you provide
      and that our security measures will prevent third parties’ “hackers”
      from illegally accessing the Services or your content. However, we
      take all possible security measures to avoid this.
    3. If you have any unauthorized access to your Vivoo account or if you
      suspect your account any other security breaches related to your
      ciphers, notify us immediately. You can sign up or log in to a
      third-party network like Facebook or Google. If you do this, you
      authorize Vivoo to pre-register your account information and other
      related fields of your account with this third-party networks. If you
      link your account to a third party network, you agree to comply with
      the terms and conditions applicable to such third party. Vivoo cannot
      be held responsible for the terms and privacy policies that apply to
      the third party.
  5. Content & Users’ Responsibility

    1. Vivoo may at its sole discretion allow Users to add visual, audio and
      written materials to create content (“User Content”). Content may be
      created by Vivoo itself, third parties or any authorized creator
      licensed by Vivoo or licensed for use by Vivoo Services other than
      User Content (“Vivoo Content”). (User Content and Vivoo Content will
      be collectively referred to Content).
    2. Vivoo allows you to use Vivoo Services and to access and view
      aggregated content, provided that you comply with these terms.
    3. Only Users are responsible for all User Content you provide to Vivoo
      Services. You will not publish, upload, sublicense or transmit any
      User Content that contains the following subjects:

      • False, misleading, or deceptive,
      • Defamation, obscene, pornographic, vulgar or offensive
      • Encourage discrimination, bigotry, racism, hatred, harassment or
        harm to any individual or group,
      • Any person who includes violence and acts that threaten any person
        or that encourages such violence and actions,
      • Encourage illegal and/or harmful activities and materials that are
        prohibited by US law or the laws of any country in which you live.
    4. In case of a violation, without prior notice, Vivoo may remove and
      disable access to the User Content.
  6. Vivoo Service Fees

    1. Vivoo may provide these services free of charge or for a fee,
      depending on the Service or the content of the Service used by its
      users. Using the Vivoo mobile application and website is free of
      charge. Vivoo offers a “strip” purchase option with a one-time payment
      or subscription method to its users. You can access more detailed
      advice and services with these “strips”.
    2. Products and services that are recommended as part of any nutrition
      and exercise advice are not part of the Vivoo Service. Please note
      that products and services linked to these advice must be purchased by
      you.
    3. For detailed information on current pricing and subscription models
      and the services provided by Vivoo, please visit vivoo.io and Vivoo
      mobile applications.
  7. Cancellation and Return

    1. Vivoo may cancel a user’s membership and suspend or terminate his/her
      access to Vivoo products and services under these circumstances: (a)
      breaching any provision of these Terms, (b) misleading Vivoo in any
      way that Vivoo does not comply with these Terms of Service or (c)
      adversely affecting Vivoo’s reputation. Appreciation authority belongs
      to Vivoo.
    2. After the cancellation, you will no longer be able to access the
      Services you have access to for a fee and any advice provided through
      these services. In addition to the cancellation process, Vivoo
      reserves the right to use all available remedies.
  8. Third-Party Services

    1. Certain content served on the Vivoo website, or mobile applications
      includes links to third party websites (“Third Party Web Sites”), some
      of which are related to Vivoo while some are not. Vivoo has no control
      over Third-Party Services and Third-Party Content.
    2. Vivoo is not responsible for reviewing, checking, or otherwise
      confirming any content of third-party services, including computer
      software or other property or services, which may be found on
      third-party websites or through thirdparty websites.
    3. Vivoo does not represent and endorse the accuracy, content, legality
      or quality of third party websites and does not represent and endorse
      the accuracy, content, legality or quality of any information
      material, goods or services offered through third party websites.
    4. You acknowledge and agree that you assume all liability and
      obligations to cause any damage to you or any third party arising from
      the use or reliance on any content, advertisements, products or other
      resources of third parties.
    5. When you are connected to or otherwise accessing or using a third
      party website, you agree that you are responsible for the following:

      • take necessary measures to protect you and your computer systems
        from viruses, worms, trojans, malicious code and other harmful
        effects;
      • download, use or purchase any material that is sexually explicit,
        immoral, offensive or otherwise objectionable or unlawful, or that
        contains technical inaccuracies, typographical errors, or other
        errors;
      • downloading, using or purchasing any material that violates
        confidentiality or promotional rights, or that violates the
        proprietary rights of third parties and other proprietary rights,
        or that is subject to additional terms and conditions specified or
        unspecified;
      • any financial costs or other liabilities to third parties arising
        from your actions or other activities;
      • read and understand the Terms of Service or Privacy Policies
        applicable to these third-party websites.
  9. Promotion & Advertising Policy

    1. Vivoo may be supported by advertising revenue and may display
      advertisements and promotions and may display targeted advertising on
      our Site. These advertisements may be targeted to Vivoo Content, User
      Content, queries, or other information. The manner, mode, and extent
      of advertising by or permitted by Vivoo on the Site and mobile apps
      are subject to change without specific notice to you. In consideration
      of Vivoo granting you access to and use of the Site, mobile apps, and
      Services, you agree that Vivoo may place such advertising on the Site,
      and mobile apps.
    2. Please also be aware that our App may have links to third-party
      websites that may collect Personal Information about you. In addition,
      some advertisements on the App are served by third-party advertisers,
      ad networks, ad servers and/or via Google. These third parties may use
      cookies alone or in conjunction with web beacons or other tracking
      technologies to collect information about our users. This may include
      information about users’ behavior on this App and other websites to
      serve them interestedbased (behavioral) advertising. We do not control
      these third parties’ tracking technologies or how they may be used. If
      you have any questions about an advertisement, we recommend that you
      contact the responsible advertiser directly.
  10. Disclaimer

    1. Vivoo Services (including websites, apps, and content) and user
      content are provided “as is,” without warranty or condition of any
      kind, either express or implied.
    2. Vivoo makes no warranty that the site, apps, content, user content or
      services will meet your requirements or be available on an
      uninterrupted, secure, or error-free basis.
    3. Vivoo makes no warranty regarding the quality of any products,
      services, or information obtained through the site, apps, content,
      user content or services, or the accuracy, timeliness, truthfulness,
      completeness or reliability of any information obtained through the
      site.
    4. Vivoo does not regularly monitor or update the accuracy or reliability
      of the content.
    5. No advice or information, whether oral or written, obtained from Vivoo
      or through the site, apps, content, user content or services, will not
      create any warranty expressly made herein or create any liability on
      the part of Vivoo.
    6. The site, apps, content, user content and services are for consumers’
      educational and informational use only.
    7. Nothing contained in the services is or should be considered, or used
      as a substitute for, medical, nutritional or any other professional
      advice, diagnosis or treatment.
    8. NUTRITIONAL REQUIREMENTS OF NURSING WOMEN AND PREGNANT WOMEN MAY
      VARY. PREGNANT WOMEN AND NURSING WOMEN SHOULD NOT TAKE INTO ACCOUNT
      THE ADVICE GIVEN AT VIVOO. YOU SHOULD CONSULT DOCTORS AND
      PROFESSIONAL HEALTH CARE PROVIDERS ABOUT THESE
      RECOMMENDATIONS.
    9. Vivoo makes no representations or warranties about the information,
      tools, or content included in the site, apps, content, user content or
      services.
  11. Agreement Term, Termination, Suspension

    1. These Terms of Service shall be valid for a period of 30 days; will be
      automatically and continuously renewed at the end of this period or
      until the end of Vivoo Terms pursuant to this provision within the
      next 30 day periods.
    2. You may terminate these Terms of Service at any time by sending a
      “Cancel Account / Delete Account” feature or any email in the Vivoo
      website and mobile applications.
    3. . Without limiting our rights below, Vivoo may terminate these Terms
      at any time by communicating with your registered e-mail address or
      any other communication channels provided by you and giving you thirty
      (30) days.
    4. (i) you have severely violated your obligations under these Terms, our
      Privacy Policy and other rules and regulations, (ii) violates any
      applicable laws, regulations or third-party rights; or (iii) violates
      the privacy or security of Vivoo, its users or third parties, or (iii)
      violates the privacy or security of Vivoo, its users or third parties;
      Vivoo may terminate these Terms without notice.
    5. When these Terms are terminated, you do not have the right to return
      any of your Vivoo User Account or User Content. If your access to or
      use of Vivoo Services has been restricted, your Vivoo User Account has
      been suspended or terminated by us and you will not be able to open a
      new Vivoo User Account or access or use the Vivoo Services through
      someone else’s User Account.
  12. Feedback

    1. We welcome your comments, feedback, suggestions, and other
      communications regarding the Services (collectively, “Feedback”). If
      you provide Feedback, you hereby grant to Vivoo a worldwide,
      non-exclusive, transferable, assignable, sub-licensable, perpetual,
      irrevocable, royalty-free license to copy, distribute, create
      derivative works of, publicly display and perform and otherwise
      exploit such Feedback and to use, make, have made, sell, offer for
      sale, import and export products and services based on such Feedback.
      For this reason, we ask that you not send Vivoo any Feedback that you
      do not wish to license to us as set forth above.
  13. Applicable Law

    1. The validity, interpretation, and performance of this Agreement shall
      be governed in all respects by the laws of the State of California
      without giving effect to conflicts of law principles that would result
      in the application of the substantive laws of another jurisdiction.
      You agree that resolution of any dispute or claim arising out of or
      related to these Terms shall be subject to the exclusive jurisdiction
      and venue in the state and federal courts in San Francisco County, CA.
  14. Intellectual Property

    1. Vivoo, Vivoo.io, Vivoo Coach, Vivoo Health and the Vivoo logo are
      trademarks or registered trademarks of Vivosens, Inc. Vivoo Services
      and Content, may be protected in whole or in part by the copyright,
      trademark and/or other laws of the United States and other countries.
      Includes all related intellectual property rights, including Vivoo
      Services and Vivoo Content; You acknowledge that it is the exclusive
      property of Vivoo or the licensed third party. Vivoo Services and
      Vivoo Content and, in conjunction with them, all trademarks, logos,
      trade names and registered trademarks of Vivoo are trademarks or
      registered trademarks of Vivoo in the United States and other
      countries.
    2. You will not use, copy, adapt, modify, distribute, license, sell,
      transfer, publicly display, publish or otherwise exploit Vivoo
      Services and the Content. The intellectual property of the Content
      belongs to Vivoo and shall not be assigned to Users except those
      expressly licensed under these Terms.
    3. You acknowledge and agree that the Services and all intellectual
      property rights associated therewith are, and shall remain, the
      property of Vivoo (and, where applicable, its licensors). Furthermore,
      you acknowledge and agree that the source and object code of the
      Website and/or Mobile App and the format, directories, queries,
      algorithms, structure, and organization of the Website and/or Mobile
      App are the intellectual property and proprietary and confidential
      information of Vivoo and its affiliates, licensors and suppliers.
      Except as expressly stated in these Terms of Service, you are not
      granted any intellectual property rights in or to the Services by
      implication, estoppel or other legal theory, and all rights in and to
      the Services not expressly granted in these Terms of Service are
      hereby reserved and retained by Vivoo.
    4. Vivoo respects the law of copyright and expects its users to respect
      copyright in the same way. We may, in appropriate circumstances and in
      our discretion, terminate the rights of any user to use our Services
      (or any part thereof) who infringes the intellectual property rights
      of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”)
      provides recourse for copyright owners who believe that material
      appearing on the Internet infringes their rights under U.S. copyright
      law. If you have evidence, know, or have a good faith belief that your
      work has been copied in a way that constitutes copyright infringement
      or is aware of someone doing so, please contact us and include the
      following information: (i) a physical or electronic signature of the
      owner of the copyright or a person authorized to act on behalf of the
      owner; (ii) identification of the copyrighted work claimed to have
      been infringed (or if multiple copyrighted works located on the
      Website and/or Mobile App are covered by a single notification, a
      representative list of such works); (iii) identification of the
      material that is claimed to be infringing or the subject of infringing
      activity, and information reasonably sufficient to allow us to locate
      the material on our Website and/or Mobile App; (iv) your name, mailing
      address, telephone number and email address; (v) a statement by you
      that you have a good faith belief that use of the material in the
      manner complained of is not authorized by the copyright owner, its
      agent or the law; and (vi) a statement by you that the information in
      your notification is accurate, and that you attest under penalty of
      perjury, that you are the copyright owner or that you are authorized
      to act on the copyright owner’s behalf.
    5. If you believe in good faith that a notice of copyright infringement
      has been wrongly filed against you, the DMCA permits you to send us a
      counternotice.

Notices and counter-notices with respect to the Services should be sent to our
designated agent for notice of claims of copyright infringement:
Vivosens, Inc., 44 Tehama Street, Suite 409, San Francisco, CA 94105, Attn:
Copyright Agent,

or via email at [email protected]