Terms of Service

Date of Last Update: May 8, 2024

1. About Us

1.1. Introduction and Purpose of the Terms

Healary is a weight management solution that leverages advanced AI technology. It is developed by Intenselife A.G. (“Healary” / “IntenseLife” / “us” / “we” / “our” ), a company organized and existing under Swiss law ( Muehlebachstrasse 25, 8008 Zurich, Switzerland ). Our Service is designed to create personalized weight loss plans tailored to your unique biology and psychology.

To access most features of the Service, you must register for an account and have a valid subscription. By accessing and using Healary's Services provided via our app and website, you agree to be bound by these Terms of Service ("Terms"), which are designed to ensure a clear understanding of the responsibilities and rights of all users.

1.2. Scope of Services

Healary offers a comprehensive suite of features designed to support your weight loss journey, including:

- Nutrition: Learn about your body’s reaction to different foods and optimize your diet through real-time feedback on your metabolic health.

- Activity: Personalized exercises that maximize weight loss without the strain of high-impact workouts.

- Mindfulness: Engage in mindfulness exercises to foster a better mental approach towards nutrition and exercise.

- Social: Connect with a community for motivation and participate in challenges that make weight loss fun and engaging.

Our services are accessible via our mobile application and website, providing you with tools and insights to manage your weight effectively based on your personalized health profile.

2. Consent Using the Service

2.1. Acceptance of Terms

By registering, installing, accessing, and using our app, service, features, software, premium subscription, website and any additional terms, rules, regulations, or guidelines herein incorporated ( together the “Healary Service”, or “Service” ), you acknowledge you read, understood and agree to be bound by these Terms of Service and our Privacy Policy (all of, the “Terms” ), creating a legal agreement between you “User” and “Us”, based on your explicit consent.

Please read the Terms carefully before starting to use the Service, if you do not accept these Terms of Use and the Privacy Policy, you are not authorized to access, use and purchase the Service.

2.1. Consent to Electronic Communications

By using Healarys Services, you agree to receive electronic communications from us. These will include notifications about your account, such as shipping, billing, and registration confirmations, as well as service-related information. We may send you text messages (“Healary Communications“) as part of our services, promotions, or advertising. Healary Communications are governed by this Agreement. We do not charge for these messages, but you are responsible for any fees from your mobile carrier, which may include data and messaging rates. By enrolling your phone number, you authorize us to send recurring SMS and MMS messages to that number and confirm you can receive them. You consent to messages being transmitted through an automatic dialing system, but you aren't required to provide this consent to make a purchase.

Message frequency may vary, and you can opt-out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message. You may receive a final confirmation message. Please note that our system may not recognize variations of these keywords, and you must unsubscribe from each communication program individually if you are subscribed to multiple. For assistance, email us at support@healary.com.

We may change the short code or phone number used for Healary Communications, and we will notify you if this happens. Messages sent to a changed number or code may not be received, and we aren't responsible for honoring those requests. Delivery depends on your carrier, which might not be available in all areas or devices. Healary and its wireless partners aren't liable for undelivered messages. If you change your phone number, please opt out of each program first. Any disputes related to Healary Communications are governed by the dispute resolution clause in Section 15.

3. Modifications to Terms of Service

3.1. These Terms May Change

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of Healary after any such changes constitutes your acceptance of the new Terms of Service. We encourage you to review the Terms periodically for any changes.

3.2. Process for Updates and Changes

Any changes to these Terms will be posted on the Healary website and mobile application and will be effective immediately upon posting unless otherwise specified. We may also send other announcements via email or other communications means.

3.3. Notification of Changes

We will notify you of significant changes to these Terms through the Healary platform or through other personal contact methods such as email. You are advised to check the Terms from time to time for any updates or changes that may impact you, by reviewing the available current version of the Terms. If you object to any changes, you may need to close your account.

3.4. Acceptance of Revised Terms

Continuing to use the Healary service after changes to these Terms have been posted will signify your agreement to the new terms even if you have not reviewed them. If you do not agree to the changes, you must stop using Healary's services and can cancel your account with us.

4. Registration, User Account and Services

4.1. Eligibility Requirements

To use the Healary App and Services, users must be at least 18 years old or have reached the legal age to form a binding contract in their jurisdiction. You cannot use the Service if you are under 18 years old, pregnant, have an eating disorder, or if you are underweight (a BMI falling below 18.5 is considered to be underweight). The Service should never be used as a replacement for recommended medical or mental health treatment. If we discover that a user has created an account in breach of the restrictions listed in this section, we will terminate the account and take steps to promptly delete the information.

4.2. Registration

In order to access and use Healary service you must have an user account. You can register by visiting our website or by installing the service from mobile applications stores such as Apple’s App Store and Google Play, which requires you to provide us with information about yourself, including an user name, email address and a password. By doing so, you agree to receive communications from us to the email address you provided. You may opt out of receiving some email correspondence from us, but some account related communication must and will continue to be sent to your email address.

You may also register and log-in using sign-in services (“SN Service”) via a third-party network, Facebook and Google, the process being completed once you have entered your social account details and clicked the “Connect” button. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and resume to pre-populate our sign-up form. We may collect and record information through the SN Service in accordance with the policies and terms of that SN Service. The information we collect when you connect your user account to an SN Service may include: (1) your name, (2) your SN Service user identification number and/or user name, (3) locale, city, state and country, (4) sex, (5) birth date, (6) email address, (7) profile picture or its URL, and (8) the SN Service user identification numbers for your friends that are also connected to Healary. Your progress and health data history is associated with your account and username.

During the registration process, we will ask you to accept and give an explicit consent to our Terms of Service and Privacy Policy.

Your Healary experience will start automatically with a free-of-charge “Trial” period. The free trial period for any subscription will last for a period of time specified when you signed up, where you have access to limited features and content of the service. Free trials may not be combined with certain other offers and we reserve the right, in our sole discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

Your subscription may continue, in order to enjoy Healary's benefits and certain functionalities, with a fee-based “Premium” service, for which you can choose the one that best satisfies your experience and needs. Premium membership fees, along with any required taxes, may be paid on a monthly or annual basis. All fees due for Premium Service are payable in advance. The subscription fees are subjected to change at any time and we reserve the right to increase, or to institute other fees upon reasonable advanced notice.

If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel Your Premium membership in due time, regardless of whether or not you actively use it, or before the end of a free trial or discounted period if you don’t want to continue with a Premium Service at the regular fee. There are no refunds for termination or cancellation of your Premium Service.

4.3. Account Creation and Responsibilities

Users must provide accurate, current, and complete information during the registration process and update this information to maintain its accuracy. Healary has the right to suspend or terminate accounts and refuse any current or future use of the App if any information is found to be inaccurate or incomplete.

4.4. Account Security and Management

Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their devices. Users agree to accept responsibility for all activities that occur under their account or password. Notify Healary immediately of any unauthorized use of your account or other breaches of security.

4.5. Public Profiles

Based on what features you use, you may be required to create a public profile. We rely on you to provide accurate profile information but do not verify any information contained in your public profile.

4.6. Social Features

You can participate in discussions with other Healary users, and Virtual Coaches for valuable information and support on your health journey. Participation in these discussions indicates your agreement to abide by our Healary Community Guidelines. We also offer a range of Virtual Coaching programs, and we may assign or replace any Virtual Coach without prior notice.

Please note that Healary Virtual Coaches are not licensed medical professionals, and their advice should not be considered medical guidance. They cannot provide diagnoses or treatment plans for any medical or mental health conditions. Your interactions with them do not establish a physician-patient relationship or create any legal obligations.

4.7. Food Database

As part of the Service, we maintain a food database that contains a combination of nutritional information and predicted physiological effects (“Food Database”). We don’t verify the accuracy of nutritional information and other data in the Food Database, so please use your own discretion in assessing any information in the Food Database.

4.8. Healary Service Updates

As our Service evolves, it may be updated without prior notification. By using the Service, you acknowledge that Healary is not liable to you or any third party for modifications, updates, suspension, or discontinuation of any part of the Service. You may also be required to update Healary's applications to maintain access to the Service through those applications.

4.8. Children (User Age Requirements)

The Healary App does not knowingly collect personal information from users under the age of 18. If we discover that a person under the age of 18 has created an account, we will terminate the account and take steps to promptly delete the information.

5. Privacy and Data Protection

5.1. Personal Information Collection and Use

Healary collects personal information such as names, email addresses, and health-related data to provide and improve services. This information helps manage user accounts, personalize user experiences, and communicate important service and feature updates.

5.2. Data Security and Storage Measures

Healary employs robust security measures to protect user information from unauthorized access, alteration, and destruction. Users' data is encrypted during transmission and while stored on our servers.

5.3. Third-Party Data Sharing and Disclosure

Healary does not sell or rent personal information to third parties. Personal information is only shared with third parties to provide specific services on Healary's behalf, such as hosting services or customer support, under strict confidentiality agreements.

5.4. Rights to Access, Modify, and Delete Data

Users have the right to access, correct, or delete their personal data at any time. Requests can be made through the app settings or by contacting customer support.

6. Use of the Service

6.1. Description of Services

The Healary App offers personalized health and wellness guidance, including dietary suggestions, exercise routines, and mental health support, based on users' unique biological and psychological profiles. Full use of the service is dependent upon your use of supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Service and it is your responsibility to ensure the equipment’s functionality.

6.2. Usage Guidelines and Conditions

Healary grants you a limited, non-commercial, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Service for your personal and entertainment purposes, letting you enjoy the Healary benefits, as these Terms allow, based on the Trial or Subscription you have selected, through the website or mobile device. The right to use is available as long as your account has not been terminated by us, or by you.

You agree to use the Healary App in compliance with all applicable laws and regulations. Misuse of the app or its features, such as unauthorized access to servers or networks, is strictly prohibited.

Healary service and the content provided, generated or made available through it are the property of IntenseLife A.G., and includes, without limitation, the text, software, scripts, source code, graphics, domain names, interactive features, photos, images, illustrations, animations, music, audio, video, logos, tools, maps, ideas, replies, copyrights, trademarks, patents, and any intellectual property therein.

You agree not to use the Service for any unlawful purposes, and unauthorised use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating, selling, renting, advertising or any other misuse of any of the service material is strictly prohibited.

Your use and access of a Third-Party site is at your own risk, and is subject to the terms and privacy policies of the company providing them and we encourage you to read the Terms of every website or application you visit. You acknowledge that all trademarks, logos, service marks and content available from such third-party are subjected to copyright, and you should not violate intellectual property or privacy rights.

The Service may provide links to other web sites or resources that are not under Healary control and we are not responsible for the content of any third-party, their services are made and offered directly by the applicable third-party and you acknowledge that your interactions are solely between you and such third party. You understand and agree that Healary is not liable for any loss, damage, offence of any kind which may be incurred by you as the result of any of your dealings with third party service.

6.3. Service Availability and Accessibility

Healary aims to ensure the service is available at all times but does not guarantee uninterrupted access. Maintenance, updates, and unforeseen downtime may affect availability.

6.4. Modifications and Termination of Services

Healary reserves the right to modify or discontinue the service or any part thereof with or without notice. Users will be informed of significant changes to the terms and conditions.

7. User Responsibilities and Content

7.1. User Responsibility

You are accountable for all activities conducted under your account. As each account is personalized, sharing of accounts or passwords is prohibited. If you suspect any unauthorized use or security breaches related to your account, please notify us immediately. Should we identify any inaccuracies or incomplete information in your account details, we reserve the right to suspend or terminate your account. Please refrain from creating accounts using false identities or on behalf of others.

7.2. Permissible and Prohibited Uses

Users must ensure that all activities conducted through their accounts comply with applicable laws and Healary's guidelines. Prohibited activities include violations of privacy rights, intellectual property infringements, and engaging in fraudulent or harmful behavior.

7.3. Your License

The Service is safeguarded by global copyright laws. In accordance with these Terms and our policies (including our Community Guidelines), and provided your account and subscription remain active, we offer you a limited, non-exclusive, non-transferable, and revocable license to access the features and functionalities included in your subscription (as well as any add-ons you purchase) for the duration of your subscription term.

7.4. Linked Accounts

You may have the option to link your account to a third-party application or service. If you choose to do so, it's your responsibility to ensure compliance with the terms and conditions of the third party. Any content originating from that third party will be regarded as your User Content and will fall under the provisions of our Privacy Policy.

7.5. Healary for Work

If you access the Service through an employer or health plan benefit program, your use of Healary for Work will also be subject to the terms agreed upon with that employer or program. If another party covers your subscription costs, certain provisions, including Section 8 (Payments and Billing), may not apply to you.

7.6. User Content and Contributions

Healary allows you to post content, including photos, comments, links, and other materials. Any content that you or another user posts or makes available on the Service is referred to as “User Content.” Users are accountable for the content they upload. You retain all rights to your User Content and remain solely responsible for it.

By posting your User Content, you grant us a non-exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, translate, adapt, create derivative works from, perform, and distribute this content. These Terms don't limit other legal rights we may have regarding User Content under different licenses. We reserve the right to remove or modify User Content or change how it's used on Healary for any reason, including violations of these Terms, our Community Guidelines, or other policies and laws.

You are sole responsible for your User Content, you represent and warrant that Healary has no obligation to control, monitor, review or edit the communications, materials, information, opinions, and other content posted and/or submitted by you or other users and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand and acknowledge that when using the Service, you may be exposed to user content that is offensive, indecent or objectionable.

You agree that your content and use of it will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

Healary reserves the right to refuse, remove or disable access to any User Content for any or no reason, including but not limited to, without prior notice, if the content violet the Terms and acknowledge you may bear legal responsibility for that content.

7.7. Content Moderation

We are not liable for User Content submitted by other Healary users, nor are we obligated to proactively review or pre-screen it. However, we reserve the right to remove any User Content at our sole discretion, for any reason or no reason. If you encounter any User Content that violates our policies, including our Community Guidelines, please report it to us here.

7.8. IP Infringement

Our policy is to terminate access to the Service for any user found to be infringing on copyright, trademark, or other intellectual property rights, following prompt notification from the respective intellectual property owner or their legal representative. If you believe that your work has been copied and posted on the Service in a manner that violates intellectual property rights, please provide the following to our designated agent at contact@healary.com:

1. An electronic or physical signature of the person authorized to represent the owner of the copyright, trademark, or other intellectual property right.

2. A description of the copyrighted work, trademark, or other intellectual property right that has been infringed.

3. A description of where the infringing material is located on the Service.

4. Your address, phone number, and email address.

5. A written statement asserting your good faith belief that the use is unauthorized by the copyright, trademark, or intellectual property right owner, their agent, or the law.

6. A statement, under penalty of perjury, confirming the accuracy of your notice and that you are the copyright, trademark, or intellectual property right owner, or are authorized to act on their behalf.

7.9. Breach of User Obligation

Violations of these terms may result in legal action and termination of the user's account. Healary reserves the right to investigate and take appropriate legal action against anyone who violates these terms.

8. Payments and Billing

8.1. Types of Subscriptions

Healary offers various subscription plans tailored to enhance your health journey, including monthly, quarterly, and annual options. Details on subscription features and benefits are available on our Subscription page within the app and website.

When subscribing to the Service, you may have access to various plans or options (referred to as "Service Tiers"). Each Service Tier or other offering, such as add-ons, may vary in pricing, usage rules, eligibility, restrictions, features, and availability, as outlined during the sign-up process.

8.2. Free Trials and Promotions

Your subscription may begin with a free trial or promotional pricing, both of which are subject to specific terms. Free trials and promotions are not guaranteed and their availability depends on the terms specified for each offer. Eligibility may vary, and limitations could prevent combining free trials with other promotions.

(a) Free Trials: If your subscription starts with a free trial, the first payment will be charged to your selected payment method immediately after the trial ends, unless you cancel following the instructions provided below. You can cancel anytime before the trial concludes to avoid being charged. The terms of the free trial will be communicated during registration, but no separate notice will be sent to indicate the end of your trial or the start of your paid subscription unless required by law.

(b) Promotions: At our discretion, we may offer promotions, such as bundled add-ons or promotional pricing. The terms of these promotions will be disclosed at sign-up or in provided materials. Once the promotion ends, we will bill the payment method on file at the current non-promotional price, unless you cancel beforehand or unless stated otherwise in the promotion terms.

8.3. Subscriptions Automatically Renew

Your subscription enrolls you in an ongoing/recurring payment plan. It will automatically renew at the end of the specified billing period unless canceled according to the instructions below. To avoid being charged for the next billing cycle, you agree to cancel your subscription as described in Section 6.6. Payment will be charged to your selected payment method.

If indicated during checkout, charges for the Service or an add-on may be prorated (e.g., for a partial month). Billing timing may vary, particularly if your subscription began on a day not found in a specific month (e.g., if a monthly subscription started on March 31, billing would occur next on April 30), due to free trials, promotions, or changes to your Service Tier or payment method. You are responsible for any third-party internet access fees and taxes associated with your use of the Services. For potential data usage fees, please consult your internet provider.

8.4. Canceling Auto-Renewal of Your Subscription

You can cancel your subscription at any time before the end of the current billing period or free trial. The cancellation will take effect at the end of that billing or trial period, unless otherwise disclosed. Your access to the Service will continue until the end of the current billing period. However, if you're on a free trial or promotion, the cancellation may become effective immediately.

If you switch between Service Tiers during the billing period, you may lose access to your original Service Tier. To avoid being charged for the next billing period, you must cancel before 11:59 p.m. Eastern Time on the day before your next recurring billing date. We generally do not offer refunds or credits for partially used billing periods but may provide them on a case-by-case basis at our discretion.

To cancel your subscription, log into your account and follow the instructions on your account page. If you subscribed via a third party (e.g., Apple App Store or Google Play), please visit our support center for cancellation instructions.

California Users: Rescinding Your Contract with Us: If you are a California resident, you have up to three (3) business days from the time you subscribed to rescind your agreement with us and request a refund. Specifically, you can cancel your agreement without penalty or obligation until midnight on the third business day after the contract date, excluding Sundays and holidays. To cancel and receive a refund, send a signed and dated notice indicating that you are canceling this agreement (or similar wording) to IntenseLife AG., Mühlebachstrasse 25, 8008 Zürich, Switzerland. Please note that canceling your agreement according to this process may result in your access to the Service being terminated upon receipt of the notice.

8.5. Pricing Information

Prices for subscriptions may vary by location and can change, with prior notice provided via user notifications, updates to these Terms, and announcements on our website or within the app.

We reserve the right to adjust our prices, refund policy, and billing methods at any time, subject to any legal notice requirements. If you disagree with a price change, you may terminate your subscription as outlined in Section 16. If you don't cancel in a timely manner, your subscription will renew at the current price, and you'll authorize us to charge your payment method accordingly. Please note that we won't be able to notify you about changes in applicable taxes.

8.6. Payment Methods and Terms

Healary accepts payments via credit cards, PayPal, and other digital wallets. By subscribing, you agree to pay the subscription fees at the current rate plus applicable taxes. All payments are non-cancelable, and fees are non-refundable except as explicitly stated in these Terms.

Unless you subscribe through an App Store, you must provide a valid Payment Method (e.g., credit card, PayPal, or another accepted payment account) to register for the Service. The terms of your Payment Method provider will determine your rights and obligations regarding your account. By sharing your payment information with us, you authorize us to immediately charge your Payment Method for all due fees and taxes, without additional notice or consent.

Please promptly inform us of any changes to your billing address or Payment Method details. We may update your payment information using data from payment service providers and will continue charging the updated Payment Method as needed. If payment cannot be processed (e.g., due to expired information), we will retry billing your Payment Method. If we do not receive payment, you agree to cover all outstanding amounts on demand and acknowledge that we may suspend or terminate your subscription until payment is made. Your new subscription period will start on the day the payment is received.

You are responsible for any unpaid fees, including collection costs, bank fees, legal fees, and court costs. We may also charge your stored Payment Method if you choose to restart your subscription.

Subscriptions Obtained Through Third Parties: If you subscribe to Healary through a third-party application store (e.g., the Apple App Store or Google Play) ("App Store"), your subscription will be governed by the terms set by that third party. This Agreement’s provisions on subscription purchase, billing, cancellations/refunds, and payments will only apply if they don't conflict with the third party's terms.

For subscriptions obtained via an App Store, your billing relationship will be with that App Store directly. Subscription fees will be charged by the App Store using the payment information provided to them. To cancel a subscription obtained through an App Store, follow their cancellation instructions or visit our support center.

Add-Ons: Occasionally, we may offer additional features to Healary subscriptions, such as specialized virtual coaching sessions. These add-ons may be available as subscriptions or one-time purchases, subject to the terms disclosed during your sign-up or outlined in the provided materials.

Tangible Products: From time to time, we may also offer tangible products for purchase. If you place an order for any of these products, that order will be governed by our Terms of Sale.

Taxes: For this section, "Sales Tax" refers to state and local sales or use taxes, value-added taxes, levies, duties, or any other tax on sales proceeds, serving as the functional equivalent of a sales tax where no sales or use tax is otherwise imposed. Prices shown exclude taxes. If any Service or payment for a Service under this Agreement is subject to a Sales Tax in any jurisdiction and we haven't charged that tax, you're responsible for paying it, along with any penalties or interest, to the relevant tax authority.

You agree to make all fee payments to us without any deductions for withholding taxes, which remain your sole responsibility. Upon subscription renewal, tax rates will adjust according to prevailing rates based on the billing or home address provided.

8.7. Refund and Cancellation Policy

Subscriptions can be canceled at any time before the next billing cycle to avoid future charges. Refunds or exceptions may be granted in cases of service issues or extenuating circumstances. Please contact our support team to request a refund.

California residents may cancel their contract and seek a refund as outlined in Section 8. In all other cases, fees and charges are non-refundable, except as explicitly stated in Healary's promotions, provided you qualify for those promotions.

9. Intellectual Property Rights

9.1. Rights and Ownership

Healary and its licensors retain all rights, titles, and interests in the Healary Services and associated intellectual property, except for the rights explicitly granted to users.

Aside from your User Content, you acknowledge that we possess all rights, titles, and interests in the Service. You may not remove, modify, or obscure any copyright, trademark, service mark, or other proprietary rights notices included within or associated with the Service.

9.2. Healary's Trademarks

Healary, Healary.com, Healary Health, the Healary logo, and all related graphics, logos, service marks, and trade names are trademarks of Healary, Inc. and cannot be used without our express written consent.

9.3. User Content and Licenses

Users may submit content like comments and images, granting Healary a perpetual, royalty-free license to use such content in connection with the services. Healary respects user copyrights and other intellectual property rights.

9.4. Your Feedback

We love hearing from our Healary users and are always eager to learn how we can improve. If you choose to share your comments, ideas, or feedback ("Feedback") with us, Healary has the right to use it in any way, including future enhancements and modifications to the Services. This Feedback will be owned exclusively by Healary, and you agree to assign all rights, titles, and interests in it, along with any related intellectual property, to Healary. We are free to apply all general knowledge, experience, know-how, and technologies (including ideas, concepts, processes, and techniques) gained or developed during the provision of Services.

9.5. Restrictions on Use

Users must not reverse engineer, decompile, or otherwise attempt to discover the source code of the Healary services. Any use of the service not expressly permitted by these Terms is a breach of these Terms and may violate intellectual property laws.

10. Third-Party Services and Content

10.1. Third-Party Providers

Healary services may include integrations with third-party services ("Third-Party Providers"). To use these features, you might need to accept additional terms with the Third-Party Providers. This Agreement applies only to the Service, so any interactions with Third-Party Providers are between you and them. Review their policies before using their products and features.

10.2. Third-Party Payment Service Providers

We use several third-party payment service providers to handle transactions for the Service, including card acceptance, merchant settlement, and related services ("Third-Party Payment Service Providers"). By using the Service, you authorize us to share your payment information and instructions with these providers as necessary to complete your transactions.

10.3. No Endorsement Policy

The inclusion of third-party services or links does not imply endorsement by Healary of the third-party service or content.

10.4. App Stores

If you access a Healary application through the Apple App Store (an "App Store Sourced Application"), you can only use it (i) on Apple-branded products running iOS and (ii) in accordance with the "Usage Rules" in the Apple Media Terms of Service. The App Store Sourced Application may also be shared via Apple's Family Sharing, volume purchasing, or Legacy Contacts functions. For applications downloaded from the Google Play Store ("Google Play Sourced Application"), you may have additional shared-use rights within your designated family group.

For applications downloaded from theApple App Store or Google Play Store:

(a) You acknowledge that (i) this Agreement is between youand us, not Apple or Google, and (ii) we're solely responsible for the AppStore Sourced Application and its content. Your use must comply with the AppStore Terms of Service.

(b) Apple or Google have no obligation to providemaintenance or support services for the App Store Sourced Application.

(c) If the App Store Sourced Application fails to meet anyapplicable warranty, you can notify Apple or Google, who will refund thepurchase price. Beyond that, Apple or Google have no further warrantyobligation. Any other warranty-related claims are our responsibility.

(d) Apple or Google are not responsible for addressing anyclaims related to the App Store Sourced Application or your possession and useof it, including (i) product liability claims, (ii) claims that the applicationdoesn't comply with legal requirements, and (iii) claims under consumerprotection laws.

(e) If a third-party claim arises that the App StoreSourced Application infringes intellectual property rights, we, not Apple orGoogle, will handle its investigation, defense, settlement, and resolution.

(f) Apple, Google, and their subsidiaries are third-partybeneficiaries of this Agreement regarding your license to the App Store SourcedApplication. By accepting these terms, Apple and Google have the right toenforce them against you.

(g) You must comply with all applicable third-partyagreements when using the App Store Sourced Application.

11. Legal Disclaimers and Warnings

11.1. Your Health / No Medical Advice

Health is important to us, and we recommend to consult your doctor, physician, health coach or other medical professionals, in general, regarding your health and wellness routine, as should be your #1 priority and in particular before using the Healary Service and engaging in a nutrition or training program.

The Healary App provides weight management and wellness tools but does not offer medical advice. The Healary service and information offered is for informational purposes only, is not a recommendation, does not constitute a medical advice or examination, does not substitutes a doctor’s treatment, and is not intended to diagnose, treat, cure or prevent any disease. We are not a licensed medical service provider, and any information provided by us should not be interpreted as medical advice or construed to form a physician-patient relationship.

Our Service is designed to support, not replace, the relationship that exists between a user and their healthcare providers. Be sure to talk to your doctor before starting Healary or any health or wellness service, and don’t use Healary if you’re having a medical emergency.

If you have knowledge of medical conditions, such as cardiovascular disease, lung or respiratory disease ( including asthma ), muscle and bone diseases, or any other health issues, and you have concerns or questions about your health, we encourage and advise you to seek professional medical advice.

If you have suffered surgical procedures, or you believe you are experiencing any negative effects or illness from using the Healary service, you must immediately stop such use.

Always consult your healthcare provider for any medical concerns. Healary is not liable for any reliance on the information provided through the Services.

11.2. Service Offered "As Is" and "As Available"

The Healary services are provided "as is" and "as available" without any warranties, express or implied. We do not guarantee that the app will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections.

To the fullest extent permitted by applicable law, you agree that your use of the Service is at your own risk, and that it is provided "as is" and "as available." We expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. This section does not alter our return policy for tangible goods purchased through the Service, which is governed by our Terms of Sale.

(a) We do not guarantee that:

1. The Service will meet your requirements;

2. Your use of the Service will be uninterrupted, timely, secure, or error-free;

3. Any defects will be corrected;

4. The app or its servers are free from viruses or harmful components; or

5. The results you obtain will be permanent, accurate, or reliable.

(b) Any content downloaded or accessed through the Service is at your own risk. You are solely responsible for any damage to your property (e.g., computer systems or devices) or any loss resulting from accessing such content.

(c) No advice or information, whether oral or written, obtained from us or through the Service, will create any warranty not explicitly stated here.

11.3. No Liability for Third Parties

You acknowledge and agree that we are not liable for the conduct of third parties, including external site operators and telehealth service providers, and that any associated risk lies solely with you. We make no warranties regarding goods or services provided by third parties.

11.4. Accuracy of Information

While Healary strives to provide accurate and up-to-date information, we do not guarantee that all the content within the app is completely accurate or current. Users should verify any information before relying on it.

11.5. Prudent Use

It is your sole responsibility to use the Healary service prudently and not to use the service while you are driving or doing other athletic activities such as cycling, roller-skating, running, in order not to become distracted while using the service. Always remain aware of your surroundings, streets, road signs and directions and to be attentive for potentially unforeseen obstacles.

While using the service, to ensure the volume on the device is not raised to such a level, that blocks out your surroundings or damages your hearing.

11.6. Warranties and Disclaimers

Except as expressly provided otherwise, Healary disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.7. Safety and Enforcement

We prioritize the safety and security of our Healary users. If necessary, we may disclose your identity, User Content, or other data linked to you to third parties, such as law enforcement. We may also take legal action or revoke your access to the Service. For details on the data we may disclose and the reasons behind it, refer to our Privacy Policy.

12. Limitations of Liability

12.1. Warnings and User Assumptions of Risk

Users assume all risk for any damage that may result from their use of the Healary App and any services or products obtained through it. Users are responsible for all personal injury or property damage caused by their use of the app.

12.2. Limitation of Liability

To the fullest extent permitted by law, you agree that we are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly. We are also not responsible for any loss of data, use, goodwill, or other intangible losses resulting from:

(a) Your access to, use of, or inability to access or use the Service;

(b) Any third-party conduct or content on the Service; or

To the fullest extent permitted by law, our liability to you will not exceed the greater of:

(a) The total amount you paid to us in the twelve months before the act, omission, or event leading to liability;

(b) $100; or

This limitation does not apply to our liability for:

(i) Death or personal injury caused by our negligence; or

(ii) Any injury resulting from our fraud or fraudulent misrepresentation.

12.3. Statute of Limitations

To the fullest extent permitted by law, you cannot assert a claim, demand mediation or arbitration, or pursue legal action against Healary if the cause of action arose more than two (2) years before filing a demand for mediation, arbitration, or legal action.

12.4. "Basis of the Bargain"

The limitations on damages outlined above are fundamental components of the agreement between you and us.

12.5. Severability

If any part of this limitation of liability is deemed invalid, the remaining liability will still be limited to the fullest extent permitted by law.

13. Indemnification

13.1. User Obligations to Indemnify

You agree to defend, indemnify and hold harmless IntenseLife AG and its officers, directors, employees and agents, from and against any claims, disputes, actions, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable attorneys’ and accounting fees, by you or any third parties, arising out of your breach of these Terms or in any way connected with your access to or use of the Healary Service or Content, your User Content, your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim or activity in which you engage and caused damage to a third party, or your violation of applicable laws or regulations.

We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall bear the costs of any legal proceedings, in which we may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law.

13.2. Scope of Indemnification

Indemnification includes any liabilities arising from the conduct of users that infringes the rights of any other person or entity, violates applicable law, or breaches any term of this agreement. This indemnification includes liabilities from user conduct that infringes on the rights of others, violates applicable laws, or breaches this agreement.

You agree to indemnify and hold us harmless for the following:

• (a) Your use of the Service

• (b) Your User Content

• (c) Your violation of our policies

• (d) Your infringement of another party's rights, including other Healary users

• (e) Your breach of any applicable law

These provisions will remain effective even after your account is terminated and regardless of changes to our policies or Service.

14. Dispute Resolution

14.1. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.

14.2. Resolving Disputes

If a problem cannot be resolved between us, we agree that any dispute, claim, or disagreement arising out of or related to the Services or our relationship, including those predating this or prior Agreements or arising after this Agreement ends, will be settled through individual arbitration ("Arbitration Agreement"). All disputes will be resolved through individual arbitration, waiving the right to a court or jury trial.

14.3. Informal Dispute Resolution

You agree to attempt to resolve any dispute in good faith before pursuing arbitration. To initiate this process, you must send a personalized written notice ("Notice of Dispute") to IntenseLife AG., Mühlebachstrasse 25, 8008 Zürich, Switzerland, including:

1. Your name, phone number, and account email address;

2. A description of the dispute and your desired resolution.

If Healary has a dispute with you, we'll send a similar Notice of Dispute to the email on file for your account. The recipient of the Notice has 60 days to investigate and attempt to resolve the claims. If either party requests a settlement conference during this period, both must schedule and participate in a meeting via phone or videoconference, which must remain individualized even if the same firm represents multiple parties. Both parties may involve legal counsel.

The statute of limitations on the claims specified in the Notice will be tolled from the date the Notice is received until the later of (i) 60 days or (ii) after a requested settlement conference is completed ("Informal Dispute Resolution Period"). Arbitration cannot begin until this period has concluded, and a court may prevent arbitration if this section is breached. However, both parties may seek relief for non-compliance with this process in arbitration.

14.4. Arbitration Agreement and Process

We and you agree that any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof, will be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce in Zurich, Switzerland by one or more arbitrators appointed in accordance with said rules. This arbitration agreement shall survive termination of these Terms and the termination of your Healary account.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property, or unauthorized access to the Service.

14.5. Non-Arbitrable Claims

Nothing in these Terms shall affect any non-waivable statutory rights that apply to you. If any dispute involving us or our Service cannot be settled through arbitration due to applicable laws or other reasons, we agree that it will be resolved exclusively according to the remaining provisions of these Terms.

14.6. Class Action Waiver

You agree that any claims brought against Healary must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

15. Termination

15.1. Grounds for Termination by User and Healary

You may terminate your use of the Healary App at any time by canceling your subscription and closing your account. Please note that the Service will automatically renew at the end of each subscription period unless you cancel your subscription.

Healary may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever (or no reason), including without limitation if you breach the Terms.

15.2. Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15.3. User Options upon Termination

You may request data export or deletion where feasible, except as retained under applicable law or regulation.

16. Miscellaneous Provisions

16.1. Governing Law and Jurisdiction

These Terms will be governed by and interpreted according to the laws of Switzerland, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction of the courts in Zurich, Switzerland, for any disputes not subject to arbitration or involving the applicability or enforceability of Section 15. Both parties waive objections related to personal jurisdiction, inconvenient forum, or changing venue.

The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. EEA consumers will not lose any protection granted under the laws of their own country, including access to their local courts.

16.2. Effective Date

These Terms are effective as of the publication date above and will remain in full force while you use the Service unless the Agreement is terminated.

16.3. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

16.4. Assignment

You cannot transfer or assign these Terms or any rights and licenses granted under them, but we can do so without restriction. If you're a consumer in the EEA, both you and we may assign this Agreement and any related rights and licenses to a third party. In such cases, if we assign the Agreement, you may terminate it immediately by deactivating your account, and we will provide reasonable notice of this assignment.

16.5. Choice of Language

The parties have explicitly agreed that this Agreement and all related documents are in English. Any agreement between us is only available in English.

Es la voluntad expresa de las partes que el presente acuerdo, así como los documentos relacionados, estén redactados en inglés.

C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

Es ist der ausdrückliche Wille der Parteien, dass dieser Vertrag sowie die dazugehörigen Dokumente auf Englisch verfasst werden.

16.6. Notice

When signing up for the Service and registering with Healary, we ask that you provide your current email address or social media platform and profile information. If your email or social media account is invalid or cannot receive messages, any notice sent to you through these channels will still be considered effective.

16.7. Severability

If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

16.8. No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Healary's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.9. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Healary and you regarding the App, and these Terms supersede and replace any prior agreements between Healary and you regarding the App.

17. Contact Information

17.1. How to Contact Us

For questions about these Terms or the Service, please contact Healary Support at support@healary.com or IntenseLife AG – Muehlebachstrasse 25, 8008 Zurich, Switzerland

17.2. Feedback and Reporting Issues

We welcome feedback and suggestions for improvement. Please feel free to report any issues or bugs you encounter so we can improve our service.

18. Newsletters

You agree that we may send communications to your e-mail address for customer service, confirmations, newsletters, product offers and other matters. You can choose to opt out of receiving correspondence each time such email is received from us, but some account related newsletters, we will continue to send, such as service updates, policies changes, purchase confirmation or password reset.