NINE MOONS APP
Licensed Application and Content: Nine Moons App
LifeNome, or LifeNome Inc, or Company, Or Nine Moons
Apple: Apple Inc.
1. Acknowledgement: This is an agreement solely between LifeNome and You, the End-User. This is NOT an agreement between you and Apple. This includes the Licensed Application and the content thereof.
2. Scope of License: The license granted to you for the Licensed Application. The license is non-transferable and is meant to use the Licensed Application on any Apple-branded products that you own or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: Support for the application is provided by Nine Moons. Nine Moons is solely responsible for providing any maintenance and support services with respect to the Licensed Application, or as required under applicable law. We (Nine Moons) and You, the End-User, acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: Nine Moons is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: Nine Moons and you, not Apple, is responsible for addressing any claims by You or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application 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 Licensed Application’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: In the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringe that third party’s intellectual property rights, LifeNome, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: Any complaints or claims with respect to the Licensed Application should be directed to one of the following addresses:
Address: LifeNome Inc. 1441 Broadway, Suite 3112, New York, NY 10018
Phone: +1 212.786.6840
9. Third Party Terms of Agreement: You comply with applicable third-party terms of agreement when using the Nine Moons Application.
10. Third-Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
11. Payment, Subscription, Renewals: Payment is charged to your iTunes account, Your subscription renews automatically unless canceled 24 hours before the current period ends. You will not be able to cancel the subscription once activated. Manage your subscription in your account settings. The unused portion of your free trial gets fortified when you purchase a subscription.
LIFENOME TERMS OF SERVICE
By using our products and services, users consent to be tracked using tracking tools. Further, by engaging our products and services, users consent to our use of user’s health and lifestyle information, and processing of user’s genetic data to carry out our services.
3. WEBSITES, APPLICATIONS, AND GSAASTM API OUTPUTS CONTENT WARRANTIES
The information on our websites, applications or in the gSaaSTM API outputs is for informational and educational purposes and is not intended to be used for medical advice or diagnosis or treatment. LifeNome provides non-disease wellness information only. The information provided by LifeNome does not constitute medical advice and is provided solely as complementary insight to assist users, users’ nutritionist, fitness instructor, and/or health-care provider in making more personalized decisions for own well-being. Genetic predispositions do not mean a condition is actually present. Many environmental and behavioral factors impact the actual presence of a condition.
Predisposition information provided by LifeNome is based on the best available peer-reviewed scientific literature and our predisposition engine uses a state of the art patent-pending risk assessment methodology. However genetic predisposition likelihood based on genetic variations does not constitute a diagnosis of a condition. Individuals should always consult with their physician or other qualified healthcare provider about questions concerning a medical condition, and before starting, stopping or modifying any treatment or medication. Personalization, based on predisposition likelihoods does not warrant the existence of a condition and the resulting personalized product recommendation is not guaranteed to address the underlying issue. The value proposition of LifeNome products and services is that of an informed, risk-based approach to wellness personalization only.
We do not warrant the accuracy, completeness, or usefulness of information provided beyond the rigorous scientific methodologies we commit ourselves to. Any reliance users place on such information is strictly at their own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by users or by anyone who may be informed of any of its contents.
4. USE OF THIRD-PARTY GENETICS TESTING SERVICES
LifeNome does not do genetic testing itself. When so required, we rely on third-party providers for genetic testing services. Some corporate clients may choose to leverage our testing partnerships with GenebyGene (FamilyTreeDNA). We are not responsible, or liable to users or any third party, for the content or inaccuracy of any information provided by any third parties.
LifeNome uses users’ genetic testing data provided with their consent by the genetic testing service, the user, or through another third-party to which users have provided consent, to produce genetically-influenced well-being assessments reports, and predisposition likelihood-based personalized product recommendations and formulations only. The further services provided by our corporate clients to their customers are governed by their terms and conditions, which they will present upon registration with their service.
5. USER RESPONSIBILITY
If users choose or are provided with a username, password, or any other piece of information as part of our security procedures related to LifeNome’s products and services, they must treat such information as confidential, and they must not disclose it to any other person or entity. Users also acknowledge that their account is personal to them and agree not to provide any other person with access to the websites, applications, gSaaSTM API outputs or portions of it using username, password, or any other security information provided by LifeNome. Users agree to notify LifeNome immediately of any unauthorized access to or use of their username or password or any other breach of security. Users also agree to ensure that they exit from their user account related to our products and services at the end of each session. Users should use particular caution when accessing their user account related to our products and services from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or another security identifier, whether chosen by the user or provided by us, at any time at our sole discretion for any reason, including if, in our opinion, users have violated any provision of these Terms of Service.
All content of the LifeNome’s website, applications and gSaaSTM API outputs is and shall continue to be the property of LifeNome or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by users of any such content or any part of the site is prohibited, except as expressly permitted by agreement with LifeNome. Under no circumstances will users acquire any ownership rights or other interests in any content by or through their use of products and services. Users agree to only upload content to products and services which they own.
These Terms of Service permit corporate clients to use products and services within the framework of their licensing agreements with LifeNome only. They allow individual users to use the products and services for their personal, non-commercial use only. Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material provided by products and services, except as follows:
Users’ computers may temporarily store copies of such materials in RAM incidental to their accessing and viewing those materials.
Users may store files that are automatically cached by their web browser for display enhancement purposes.
Users may print or download one copy of a provided materials and outputs for their own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, users may download a single copy to their computer or mobile device solely for their own personal, non-commercial use, provided they agree to be bound by our end user license agreement for such applications.
Users must not:
Modify copies of any provided materials from products and services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
If users wish to make any use of provided material other than that set out in this section, please address a request to: email@example.com.
If users print, copy, modify, download, or otherwise use or provide any other person with access to any part of the websites, applications or gSaaSTM API outputs in breach of the Terms of Service, their right to use the products and services will stop immediately and they must, at our option, return or destroy any copies of the materials they have made. No right, title, or interest in or to the products and services or any content on the products and services is transferred to the user, and all rights not expressly granted are reserved by the LifeNome. Any use of the websites, applications or gSaaSTM API outputs not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
7. WAIVER OF PROPERTY RIGHTS
Users understand that by having their genetic information processed, accessing their genetic information, or providing self-reported information, they acquire no rights in any research or commercial products that may be developed by LifeNome or its collaborating partners. Users specifically understand that they will not receive compensation for any research or commercial products that include or result from their genetic information or self-reported information.
8. INTENDED AUDIENCE
Our websites, applications and gSaaSTM API outputs should be offered and available to users who are 18 years of age or older. By using them, users represent and warrant that they meet the foregoing eligibility requirements. If users do not meet this requirement, they must not access or use our services.
9. PROHIBITED USES
Users may use the websites, applications, or gSaaSTM API outputs only for lawful purposes and in accordance with these Terms of Service. Users agree not to use the products and services:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using the email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the products and services, or which, as determined by us, may harm the Company or users of the products and services or expose them to liability.
Additionally, the user agrees not to:
Use the products and services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the websites, applications or gSaaSTM API outputs, including their ability to engage in real time activities through the products and services.
Use any robot, spider, or other automatic device, process, or means to access the products and services for any purpose, including monitoring or copying any of the material provided.
Use any manual process for any unauthorized purpose.
Use any device, software, or routine that interferes with the proper working of the websites, applications or gSaaSTM API outputs.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the products and services, the infrastructure (server) on which the websites, applications or gSaaSTM API outputs are stored, or any server, computer, or database connected to the products and services.
Attack the websites, applications or gSaaSTM API outputs via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the websites, applications or gSaaSTM API outputs.
Links from the Website
Our products and services may contain (A) content owned by third parties, and (B) hypertext links to websites owned by third parties. LifeNome provides such third-party content and hypertext links as a courtesy to users and has no control over such third party content and websites referenced or made available to users within our products and services. LifeNome does not endorse, sponsor, recommend or otherwise accept any responsibility for such third parties, any third party content, third party websites and/or any third party goods and services described in such content or websites. LifeNome is not responsible for information, goods or services offered or provided by such third parties or for the manner in which they conduct their business. If users decide to access any of the third-party websites linked to LifeNome websites, applications or API outputs, they do so entirely at their own risk and subject to the terms and conditions of use for such websites.
10. INTELLECTUAL PROPERTY
The trademarks, service marks, logos and other information and materials described or appearing in our products and services are protected by applicable trademark, patent, copyright, and other laws. None of the trademarks, service marks, logos and other information and materials on or within our websites, applications or gSaaSTM API outputs may be used in any advertising or publicity, or otherwise to indicate LifeNome’s affiliation with, or sponsorship of, any product or service without LifeNome’s written consent.
11. PRODUCT AND SERVICES USE
LifeNome grants the users a limited, revocable, non-exclusive license to use products and services solely for their own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use unless otherwise permitted by a licensing agreement with LifeNome. Users agrees not to copy materials provided, reverse engineer or break into the website, applications and gSaaSTM API outputs, or use materials, products or services in violation of any law. The use of products and services is at the discretion of LifeNome and LifeNome may terminate their use at any time.
12. COMPLIANCE WITH LAWS
Users agrees to comply with all applicable laws regarding their use of the product and services. Users further agrees that information provided by them is truthful and accurate to the best of their knowledge.
13. DISCLAIMER OF CONTENT AND WARRANTIES
LifeNome attempts to keep all the information on its websites, applications and gSaaSTM API outputs up-to-date. However, given the fast-changing nature of genomics science, the content of our products and services may need to be updated. While LifeNome is committed to maintaining high-quality scientific information available, LifeNome makes no warranties or representations as to the accuracy of the content of the websites, applications and gSaaSTM API outputs, and assumes no responsibility for any consequence relating directly or indirectly to any action or inaction users take based upon the information and material provided via websites, applications and gSaaSTM API outputs.
The use of our products and services is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and otherwise on our websites, applications and gSaaSTM API outputs. Users assume the entire risk of loss in using our websites, applications and gSaaSTM API outputs as well as the information and materials contained on our websites, applications and gSaaSTM API outputs.
User understands that we cannot and do not guarantee or warrant that files available for downloading from the websites, applications and gSaaSTM API outputs will be free of viruses or other destructive code. The user is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our products and services for the reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THEIR USE OF OUR WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUR WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS, OR THROUGH DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE USE OF OUR WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS IS AT THE USER’S OWN RISK. THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS OR THE SERVER INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET USER’S NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LIFENOME BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS, THE USER’S SITE OR APPLICATION USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS AND/OR CONTENT IS TO CEASE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS USE.
The users may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to the users.
Users agrees to indemnify, defend and hold harmless LifeNome and its employees, officers, directors, agents and suppliers from and against all losses, costs, damages, and expenses (including reasonable attorneys’ fees and expenses) related to any (A) violation by you of these Terms and Conditions, and (B) posting by the user of material to our websites, applications and gSaaSTM API outputs.
16. USE OF INFORMATION
17. COPYRIGHTS AND COPYRIGHT AGENT
If a user believes their work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that user claims has been infringed;
A description of where the material that user claims is infringing is located on the websites, applications and gSaaSTM API outputs;
User or attorney’s address, telephone number, and e-mail address;
A statement by the user that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by the user, made under penalty of perjury, that the above information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the websites, applications and gSaaSTM API outputs is Ali Mostashari, who can be reached as follows:
By Mail: LifeNome Inc., 1460 Broadway, 6th Floor, New York, NY 10036
By Phone: 212.786.6840
By Email: firstname.lastname@example.org
18. APPLICABLE LAW, VENUE, ARBITRATION
These Terms and Conditions and your use of the websites, applications and gSaaSTM API outputs shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Our websites, applications and gSaaSTM API outputs and their contents are intended to comply with the laws and regulations in the U.S. At Company’s sole discretion, it may require the user to submit any disputes arising from the use of these Terms of Service or the websites, applications and gSaaSTM API outputs, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association. The users hereby submits to and consent to the exclusive jurisdiction of the State of New York and agrees that such litigation or arbitration shall be conducted only in the state of New York.
If any provision in these Terms and Conditions is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. LifeNome reserves the right to alter or delete materials from its websites, applications and gSaaSTM API outputs at any time at its discretion.
LifeNome may terminate this Agreement at any time, with or without notice, for any reason.
21. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITES, APPLICATIONS AND GSAASTM API OUTPUTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
1441 Broadway, Suite 3112
New York, NY 10018