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Longevity App Terms of Service

Last Updated: March 3rd 2023

These terms of service (the “Terms”) tell you the terms on which you may use the Services that Rejuve Network Inc makes available through the Longevity app (“App”). 

Please read these Terms carefully before you start to use the App. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the App.

These Terms should be read alongside our Privacy Policy (available at: https://rejuve.ai/privacy-policy).

Longevity is licensed to You (End-User) by Rejuve Network Inc, located at Ground Floor, The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, Saint Lucia (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the App from your App-Store-Operator, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.

The parties of this License Agreement acknowledge that the App Store Operator is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the App, such as warranty, liability, maintenance and support thereof. Rejuve Network Inc, not the App Store Operator, is solely responsible for the licensed App and the content thereof.

This License Agreement may not provide for usage rules for the App that are in conflict with the latest App-Store-Operator terms of service. Rejuve Network Inc acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1 THE APP

  1. Longevity (hereinafter: App) is a piece of software created to help users calculate their biological age and monitor their longevity, customized for iOS and Android mobile devices. It is used to keep track of personal health data, calculate biological age via AI algorithms, and generate personalized insights and recommendations, while contributing to longevity research and earning rewards.

  2. The Services are designed to allow you to track, manage and share your wellness-related information. Any material we provide through the App or resulting from your use of the Services, including any recommendations or suggestions, is for informational and educational purposes only and does not constitute medical advice, diagnosis and/or treatment.

  3. Certain of the Services we provide through the App provide information to you based on information entered. They do not diagnose your own health condition or make treatment recommendations for you. The algorithms running in the App at this time have not been calibrated for special conditions such as pregnancy, rare genetic disorders, hormonal imbalances, allergies, etc.  You should seek appropriate medical advice before taking any action that may impact on your health.

  4. The Services we provide are not a substitute for a doctor or other healthcare professional. You should not take or stop taking any action (such as taking medicines) based on any information obtained from our Services. We make no warranties in relation to the output or results of our Services.

2 SCOPE OF LICENSE

2.1  You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed App on any iOS and Android-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed App may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2  This license will also govern any updates of the App provided by Licensor that replace, repair, and/or supplement the first App, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3  You may not share or make the App available to third parties (unless to the degree allowed by the App Store Operator Terms and Conditions, and with Rejuve Network Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the App.

2.4  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the App, or any part thereof (except with Rejuve Network Inc’s prior written consent).

2.5  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the App or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.6  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7  Licensor reserves the right to modify the terms and conditions of licensing and the continued use of the App represents express acceptance of the new terms of the License.

2.8  Nothing in this license should be interpreted to restrict third-party terms. When using the App, You must ensure that You comply with applicable third-party terms and conditions.

3 TECHNICAL REQUIREMENTS

3.1  The App requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3.2  Licensor attempts to keep the App updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3  You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the App satisfies the technical  specifications mentioned above.

3.4  Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4 MAINTENANCE AND SUPPORT

4.1  The Licensor is solely responsible for providing any maintenance and support services for this licensed App. You can reach the Licensor at the email address listed in the App Store Overview for this licensed App.

4.2  Rejuve Network Inc and the End-User acknowledge that the  App-Store-Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed App.

5 USE OF DATA

You acknowledge and agree that Licensor will be able to access and adjust Your downloaded licensed App content and use your personal information, and that Licensor’s use of such material and information is subject to Licensor’s privacy policy: https://rejuve.ai/privacy-policy

6 USER GENERATED CONTRIBUTIONS

The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the App and through third-party websites or Apps. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms of Use.

  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.

  4. Your Contributions are not false, inaccurate, or misleading.

  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  9. Your Contributions do not violate any applicable law, regulation, or rule.

  10. Your Contributions do not violate the privacy or publicity rights of any third party.

  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

You understand that your Contributions do not guarantee you any remuneration from the Licensor, its partners and/or successors in any capacity.

Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the App, in addition to repairing damages of any kind that may have occurred.

7 CONTRIBUTION LICENSE

By posting your Contributions to any part of the App or making Contributions accessible to the App by linking your account from the App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the App. You are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8 LIABILITY

8.1  Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2  Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the App to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the App, You will not have access to licensed App.

9 WARRANTY

9.1  Licensor warrants that the App is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the App works as described in the user documentation.

9.2  No warranty is provided for the App that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Rejuve Network Inc’s sphere of influence that affect the executability of the App.

9.3  You are required to inspect the App immediately after installing it and notify Rejuve Network Inc about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.

9.4  If we confirm that the App is defective, Rejuve Network Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5  In the event of any failure of the App to conform to any applicable warranty, You may notify the App-Store-Operator, and Your App purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the App was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10 PRODUCT CLAIMS

Rejuve Network Inc and the End-User acknowledge that Rejuve Network Inc, and not the App Store Operator, is responsible for addressing any claims of the End-User or any third party relating to the licensed App or the End-User’s possession and/or use of that licensed App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed App fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed App’s use of the HealthKit and HomeKit.

11 LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

12 CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed App, please contact:

contact@rejuve.ai

13 TERMINATION

The license is valid until terminated by Rejuve Network Inc or by You. Your rights under this license will terminate automatically and without notice from Rejuve Network Inc if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the App, and destroy all copies, full or partial, of the App.

14 THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Rejuve Network Inc represents and warrants that Rejuve Network Inc will comply with applicable third-party terms of agreement when using licensed App.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15 INTELLECTUAL PROPERTY RIGHTS

Rejuve Network Inc and the End-User acknowledge that, in the event of any third-party claim that the licensed App or the End-User’s possession and use of that licensed App infringes on the third party’s intellectual property rights, Rejuve Network Inc, and not the App-Store-Operator, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

16 APPLICABLE LAW

This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.

17 MISCELLANEOUS

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

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