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.
1. Coverage and Usage of Vivoo Services
1.1. 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”).
1.2. 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.
1.3. 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”.
1.4. 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.
1.5. 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.
1.6. 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.
1.7. VIVOO IS NOT A MEDICAL PROFESSIONAL, AND VIVOO DOES NOT PROVIDE MEDICAL SERVICES OR RENDER MEDICAL ADVICE.
1.8. 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.
1.9. 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.
1.10. 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.
1.11. 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.
1.12. 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.
1.13. 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.
1.14. 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. 1.15. 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
2.1. 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
3.1. 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)
4.2. 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.
4.3. 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
5.1. 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).
5.2. Vivoo allows you to use Vivoo Services and to access and view aggregated content, provided that you comply with these terms.
5.3. 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.
5.4. In case of a violation, without prior notice, Vivoo may remove and disable access to the User Content.
6. Vivoo Service Fees
6.1. 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”.
6.2. 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.
6.3. 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
7.1. 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.
7.2. 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
8.1. 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.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. When you are connected to or otherwise accessing or using a third party website, you agree that you are responsible for the following:
(i) take necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code and other harmful effects;
(ii) 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;
(iii) 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;
(iv) any financial costs or other liabilities to third parties arising from your actions or other activities;
(v) read and understand the Terms of Service or Privacy Policies applicable to these third-party websites.
9. Promotion & Advertising Policy
9.1. 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.
10.1. 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.
10.2. 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.
10.3. 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.
10.4. Vivoo does not regularly monitor or update the accuracy or reliability of the content.
10.5. 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.
10.6. The site, apps, content, user content and services are for consumers’ educational and informational use only.
10.7. 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.
10.8. 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.
10.9. 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
11.1. 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.
11.2. 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.
11.3. 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.
11.5. 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.
12.1. 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
13.1. 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
14.1. 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.
14.2. 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.
14.3. 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.
14.4. 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.
14.5. 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.,316 High Street, Palo Alto, CA 94301 US, Attn: Copyright Agent, or via email at [email protected]