Terms of Service
Effective Date: January 1, 2025
Welcome to Lyvv Science! These Terms of Service ("Terms") govern your access to and use of the Lyvv Science website, mobile applications, and related services (collectively, the "Services") provided by Lyvv Science, Inc. ("Lyvv," "we," "us," or "our").
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
1. Medical Disclaimer and Health Information
1.1 Not Medical Advice
IMPORTANT: Lyvv is not a healthcare provider, and our Services are not intended to provide medical advice, diagnosis, or treatment. The personalized supplement recommendations, genetic insights, and health information provided through our Services are for informational and educational purposes only and should not replace consultation with a qualified healthcare professional.
1.2 FDA Disclaimer
The products and recommendations provided through Lyvv have not been evaluated by the U.S. Food and Drug Administration (FDA). Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
1.3 Consult Your Healthcare Provider
Before starting any new supplement regimen or making changes to your current supplements, you should consult with your physician or other qualified healthcare provider. This is especially important if you:
- Are pregnant or nursing
- Have a medical condition or are taking prescription medications
- Have known allergies or sensitivities
- Are under 18 years of age
1.4 Genetic Testing Limitations
Our genetic analysis is based on currently available scientific research and is subject to limitations. Genetic predispositions do not guarantee health outcomes. Many factors, including lifestyle, environment, and other genetic variations, influence your health. Our genetic insights should be considered as one factor among many in making health decisions.
1.5 Emergency Situations
If you are experiencing a medical emergency, call 911 or your local emergency number immediately. Do not rely on our Services for emergency medical assistance.
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
2.2 Account Creation
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and accept responsibility for all activities under your account
- Immediately notify us of any unauthorized use of your account
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.
2.3 Account Termination
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or engaged in fraudulent or illegal activities.
3. Products and Services
3.1 Personalized Recommendations
Our AI-powered platform analyzes your genetic data, health information, and lifestyle factors to provide personalized supplement recommendations. These recommendations are based on scientific research and algorithms, but individual results may vary. We do not guarantee specific health outcomes from using our recommended supplements.
3.2 Product Quality and Safety
All supplements sold through Lyvv are manufactured in facilities that follow Good Manufacturing Practices (GMP) and are third-party tested for quality and purity. However, as with any supplement, individual reactions may vary. Discontinue use and consult your healthcare provider if you experience any adverse reactions.
3.3 Product Availability and Changes
We reserve the right to modify, discontinue, or substitute products at any time without prior notice. Prices are subject to change. We will notify you of any significant changes to your subscription products.
4. Subscriptions and Payments
4.1 Subscription Terms
When you purchase a subscription, you authorize us to charge your payment method on a recurring basis according to the billing frequency you selected (monthly, quarterly, or annually). Your subscription will automatically renew unless you cancel before the renewal date.
4.2 Pricing and Payment
All prices are in U.S. dollars and include applicable taxes unless otherwise stated. You agree to pay all charges at the prices in effect when the charges are incurred. We accept major credit cards and other payment methods as displayed on our Services.
4.3 Cancellation and Refunds
You may cancel your subscription at any time through your account settings. Cancellations will take effect at the end of your current billing period. We offer a 30-day money-back guarantee on your first order. If you are not satisfied with your products within 30 days of delivery, contact us for a full refund. Subsequent orders are eligible for refunds only if products are unopened and returned within 14 days of delivery. Shipping costs are non-refundable.
4.4 Failed Payments
If a payment fails, we will attempt to charge your payment method again. If payment cannot be processed after multiple attempts, your subscription may be suspended or cancelled. You remain responsible for any outstanding amounts.
5. Shipping and Delivery
5.1 Shipping
We currently ship within the United States. Shipping times vary based on your location and selected shipping method. Standard shipping typically takes 5-7 business days. We are not responsible for delays caused by carriers or circumstances beyond our control.
5.2 Delivery Issues
If your order is lost, damaged, or not delivered, please contact us within 14 days of the expected delivery date. We will work with you to resolve the issue, which may include reshipping or refunding your order.
6. User Content and Conduct
6.1 Your Health Information
You are responsible for the accuracy and completeness of the health information, genetic data, and lifestyle information you provide. Inaccurate information may result in inappropriate supplement recommendations. You grant us a license to use, process, and analyze the information you provide to deliver our Services, improve our algorithms, and conduct research (in de-identified form).
6.2 Prohibited Conduct
You agree not to:
- Use the Services for any illegal purpose or in violation of any applicable laws
- Upload or transmit viruses, malware, or other malicious code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Services or servers
- Reverse engineer, decompile, or disassemble any part of the Services
- Use automated systems (bots, scrapers) to access the Services
- Share your account credentials with others
- Resell or redistribute our products without authorization
7. Intellectual Property Rights
7.1 Our Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, software, algorithms, and AI models, are owned by Lyvv or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our intellectual property without our express written permission.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use in accordance with these Terms.
7.3 Trademarks
"Lyvv," "Lyvv Science," and related logos are trademarks of Lyvv Science, Inc. You may not use our trademarks without our prior written consent.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information, including your genetic and health data, is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.
9. Disclaimers and Warranties
9.1 Services Provided "As Is"
THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2 No Guarantee of Results
WE DO NOT WARRANT THAT: (1) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE; (4) ANY SUPPLEMENT RECOMMENDATIONS WILL PRODUCE SPECIFIC HEALTH OUTCOMES; OR (5) THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
9.3 Genetic Testing Limitations
We make no warranties regarding the accuracy or completeness of genetic analysis results. Genetic testing has inherent limitations, and results should be considered in the context of other health information.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LYVV AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE SERVICES; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR PERSONAL INFORMATION; (3) ANY BUGS, VIRUSES, OR SIMILAR TRANSMITTED TO OR THROUGH OUR SERVICES; (4) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT; (5) ANY ADVERSE HEALTH EFFECTS OR REACTIONS TO SUPPLEMENTS PURCHASED THROUGH OUR SERVICES.
IN NO EVENT SHALL LYVV'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO LYVV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Lyvv and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (1) Your use or misuse of the Services; (2) Your violation of these Terms; (3) Your violation of any rights of another party; (4) Your provision of inaccurate or misleading health information; or (5) Any adverse health effects you experience.
12. Dispute Resolution and Arbitration
12.1 Informal Resolution
Before filing a formal dispute, you agree to first Contact Us to attempt to resolve the matter informally. We will work with you in good faith to reach a resolution within 60 days.
12.2 Binding Arbitration
If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration will be conducted in the state where you reside or another mutually agreeable location. You and Lyvv agree that arbitration will be conducted on an individual basis and not as a class action or representative action.
12.3 Exceptions to Arbitration
Either party may bring a claim in small claims court if the claim qualifies. Additionally, either party may seek injunctive or other equitable relief in court to protect intellectual property rights.
12.4 Class Action Waiver
YOU AND LYVV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in [Your County/City, State], and you consent to the personal jurisdiction of such courts.
14. Changes to These Terms
We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. We will notify you of material changes by email or through a prominent notice on our Services at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.
15. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease. Sections that by their nature should survive termination (including provisions regarding liability limitations, indemnification, dispute resolution, and intellectual property rights) will survive termination of these Terms.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Lyvv regarding the Services and supersede all prior or contemporaneous communications, agreements, and understandings.
18. Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Assignment
You may not assign or transfer these Terms or your rights and obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.
