Terms of Service

Last Updated: 1/1/2020

Acceptance of Terms

At KusogLife, we are dedicated to helping you achieve your health and wellness goals through the use of cutting-edge technology and innovative tools. As a Bay Area tech startup, we are constantly pushing the boundaries of what's possible to provide you with the best possible experience.

Our patent-pending website, KusogLife.com, as well as our mobile applications, APIs, and data services, are all owned by Kusog, Inc., a Seattle-based company. By accessing and using our site, you agree to be bound by the following Terms of Service ("Terms," "Agreement"), as well as all applicable local laws and regulations.

We offer a variety of information and tools to help you better understand your health, including details on your goals, diet, exercise, and schedule. Please note that you are not permitted to copy, modify, translate, adapt, or create derivative works of our services, nor to attempt to gain access to the source code for any reason.

By using our site, you agree to our Privacy Policy, which can be found on our Privacy Policy page. We may also periodically update these Terms of Service, and any new features or tools added to the site will also be subject to these Terms.

As a Bay Area tech startup, we are always looking for ways to improve our services and provide you with the best possible experience. We reserve the right to update, change, or replace any part of these Terms of Service, and your continued use of the website following any changes constitutes acceptance of those changes.

Permitted Users of Site, Including Minors

This Site is intended for persons 18 years of age or older. We do not knowingly collect information from persons under age 18, as we are committed to protecting the privacy and security of minors. However, minors may be permitted to use our Site when part of a family membership where adult parents and guardians manage and take responsibility for the minor's data, such as their goals and diet and exercise routines.

If you are under 18 years of age, you may only use this Site as part of a family membership where your adult parents or guardians have agreed to manage and take responsibility for your data. By using our Site in this manner, you acknowledge and agree that your parents or guardians will be responsible for all activities and actions taken on the Site on your behalf.

If you are over 18 years of age and are the parent or legal guardian of a minor who will be using the Site as part of a family membership, you acknowledge and agree to take full responsibility for their use of the Site, including managing their data and ensuring their compliance with these Terms of Service.

Permitted Use, Including Third-Party Content

At KusogLife, we are committed to providing our users with the best possible experience, which includes offering access to a variety of content and materials. As such, we authorize the use or download of a single copy of the content and materials on KusogLife.com solely for personal, individual use only, and not for commercial use.

Please note that the content and materials contained on KusogLife.com are protected under United States laws, including copyright and trademark laws. Any use of the content and materials not expressly permitted by these Terms of Service is a breach of these Terms and may violate these laws. All content and materials are subject to change or termination without notice at KusogLife's sole discretion.

In addition to our own copyrighted content, our Site may also contain authorized content from third parties such as YouTube, which is not under our copyright. So long as you agree and comply with these Terms, you are permitted to view and use the Site and the Content, including any authorized third-party content.

Prohibited Uses, Ensuring Respectful Conduct and Security

We at KusogLife strive to maintain a safe and respectful environment for all users of our website. As such, we prohibit the use of our site or its content for any unlawful purpose, including but not limited to soliciting others to perform or participate in any unlawful acts.

Additionally, you may not use our site in a way that violates any international, federal, provincial, or state regulations, rules, laws, or local ordinances. You are not permitted to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

We do not tolerate harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. We also prohibit the submission of false or misleading information and the uploading or transmitting of viruses or any other type of malicious code that could impact the functionality or operation of the Service or any related website, other websites, or the Internet.

You may not collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape. Obscene or immoral use of our site is strictly prohibited. Finally, you may not interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses listed above. Thank you for respecting these guidelines and helping us to maintain a safe and secure environment for all of our users.

Accounts, Including Responsibility for Account Security

At KusogLife, we require that users register to use our Site by providing accurate and complete information, including their name, email, and other information requested in the "create an account" form. We may change the method of registration at our discretion and reserve the right to refuse to allow any user to open an account for any reason at our sole discretion.

You are responsible for ensuring that the information you provide to us is accurate and complete, and for promptly updating such information after any changes. Please do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of your login information and for the security of your computer system, mobile device, and all activity on your account, even if such activities were not committed by you.

We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. It is important that you notify us immediately of any unauthorized use of your account. We will not be liable for any losses or damages arising from unauthorized use of the Site, and you agree to indemnify and hold us harmless for any improper or illegal use of the Site unless you have notified us via email at info@KusogLife.com.

KusogLife Premium and Other Subscription Services

As part of our commitment to providing our users with the best possible experience, we may offer various subscription services, including but not limited to the KusogLife Premium subscription. Should you choose to subscribe to one of these services, payment will be charged to your designated payment method at the time of purchase.

Please note that your subscription will automatically renew unless you turn off auto-renew at least 24 hours before the end of the then-current period. Your account will be charged for renewal within 24 hours prior to the end of the then-current period, at the amount we notify you in advance. You may manage your subscription and turn off auto-renewal by going to your Account Settings after purchase.

We value your trust and are committed to ensuring that our subscription services are clear and transparent. Please feel free to contact us with any questions or concerns you may have regarding our subscription services.

Secondary Reminder Tool, Including Responsibility for Usage

At KusogLife, we aim to provide our users with a helpful backup reminder system for taking dietary supplements and other products. However, please note that the Site is not intended to serve as your primary tool for determining whether and when to take such supplements and products.

As further described under "Technology" below, the Site may not function as intended for a variety of reasons, including if your device is broken or powered off, if the Site software is not enabled, or if any hardware or software on your device prevents the Site from operating as intended. It is your responsibility to maintain your mobile and computing devices to ensure that they are in proper working condition.

Please note that the Site's alerts and notifications depend on information that you input into the Site. As such, you are solely responsible for ensuring that you take the correct dietary supplements and other products at the proper times and in the proper dosages.

You assume full responsibility for the use of the Site and agree that KusogLife is not responsible or liable for any claim, loss, or damage arising from the use of the Site and its contents.

Termination of Account, Including Grounds and Procedures

At KusogLife, we strive to provide our users with the best possible experience. However, should you wish to terminate this Agreement, you may do so at any time by discontinuing use of the Site. Please note that if you violate this Agreement, our permission for you to use the Site will automatically terminate.

We may, at our sole discretion, terminate this Agreement and your access to the Site at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us.

Upon any termination of this Agreement by either you or us, you must promptly uninstall the Site from all of your devices and destroy all content and materials downloaded or otherwise obtained from the Site, whether in electronic or printed format.

Please note that the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

We may terminate your account for any reason, including violations of this Agreement, harassing or abusive behavior, behavior that is harmful to other users or third parties, behavior that is harmful to the community of the Site or our business interests, or for periods of inactivity. If we terminate your account, you may not register for the Site again without our express permission. If you believe that any action has been taken against your account in error, please contact us at info@KusogLife.com.

We take violations of this Agreement seriously and will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior, or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.

Should you wish to request termination of your account for any reason, please send an email to info@KusogLife.com.

Optional Tools and Third-Party Links

At KusogLife, we may offer you access to third-party tools, materials, products, and services through our Site. Please note that any use of optional tools or third-party links offered through the Site is entirely at your own risk and discretion.

While we may provide you with access to third-party tools, we neither monitor nor have any control nor input over such tools. We make no representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality, or any other aspect of material on such third-party websites or with respect to any content, data, information, applications, or materials.

Links on the Site may direct you to third-party websites that are not affiliated with us. Please be aware that we do not endorse, sponsor or recommend any third-party material, product, or service.

It is important that you become familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Please note that in the future, we may offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

User-Generated Content

By submitting comments, ideas, feedback, concepts, or inventions to us through the Site or via email, you acknowledge that this information is not confidential. Additionally, you grant us a nonexclusive, irrevocable, perpetual, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, publish, edit, translate, distribute, perform, and display your communication or content in any format, medium, or forum, whether now known or developed in the future.

While we are not obligated to do so, we may monitor, edit, or remove any content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service. You may not use a false email address, impersonate someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make, and we take no responsibility or liability for any comments posted by you or any third party.

With regard to any stories, images, documents, or other content or materials you upload or share with other users through our Site or Services (collectively, "User Content"), you represent and warrant that you own all copyrights, trademarks, and rights of publicity contained in such User Content. KusogLife.com does not claim ownership of User Content. By uploading User Content, you grant KusogLife.com and its affiliates a nonexclusive, fully paid-up, transferable, sublicensable, perpetual, irrevocable, royalty-free license to copy, display, upload, perform, distribute, store, modify, create derivative works from, translate, and use your User Content in connection with our Site's operation or promotion, advertising, or marketing thereof, in any form, medium, or technology now known or later developed, including publication on Facebook, other third-party services, and syndication. If you are a company submitting an advertisement or coupon via the landing page, your logo will only be used on the KusogLife.com website and marketing materials for identification as a partner and for no other purpose.

Propriety Rights

You agree and acknowledge that all the intellectual property rights to the Site and its content, including but not limited to patents, copyrights, trademarks, trade secrets, inventions, and know-how, belong exclusively to KusogLife. These rights are protected under the intellectual property laws of the United States and other applicable laws.

Copyright

All information and materials on the Site, including but not limited to text, graphics, logos, icons, images, media, data, audio, animation, software, and other content, are the exclusive property of KusogLife or its content suppliers, protected by both United States and international copyright laws. You may electronically copy and print hard copy portions of the Site for personal use such as communication of a personal schedule or cabinet contents, use as a resource, or personal information. However, any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Site's content, is strictly prohibited.

KusogLife.com respects the intellectual property rights of others, and we request that our users do the same. If you suspect that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated on our Site or Services, please notify KusogLife.com of your infringement claim in accordance with the Digital Millennium Copyright Act as described below.

Trademarks

KusogLife asserts proprietary ownership of the trademarks, service marks, logos, slogans, and trade names used on the Site. Unauthorized use of any of KusogLife's trademarks may constitute a violation of trademark laws. Any third-party trademarks referenced on the Site do not imply affiliation, endorsement, or recommendation by KusogLife of those third parties.

Claims of Copyright or Intellectual Property Infringement

The Digital Millennium Copyright Act of 1998 (DMCA) is a United States copyright law that outlines how to respond to copyright owners who believe that material appearing on the Site infringes their rights under US copyright law. We assume no responsibility or liability for any material provided or posted by a user.

If you believe that something on the Site infringes your copyright, you may send us a written notice requesting that it be removed or access to it blocked. The DMCA allows you to send us a counter-notice if you believe that such a notice has been wrongly filed against you. Notices and counter-notices must meet the DMCA's requirements. We recommend that you consult with a legal advisor before filing a notice or counter-notice, and note that false claims carry substantial penalties. We reserve the right to terminate the accounts of repeat infringers as appropriate.

To be effective, notification must be in writing and include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property you claim has been infringed;
• a description of where the material you claim is infringing is located on our Site or within our Services, with enough detail that we can find it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Notifications should be sent to info@KusogLife.com with the Subject line: "DMCA Takedown Request".

Medical Disclaimer

The contents of the KusogLife Site, including but not limited to text, graphics, images, and other material contained on the KusogLife Site, including all Services and Content are for informational purposes only and is not intended to substitute the advice, diagnosis, or treatment from a qualified medical professional. You acknowledge that the information provided on the Site is not a substitute for professional medical advice, diagnosis, or treatment and that reliance on any information provided by the Site is solely at your own risk.

The Site is not intended to provide any dosing recommendations, and we are not responsible for any errors in dosages taken. You should carefully read all information provided by the manufacturers of the products, whether online or on the actual product labels or packaging.

We do not provide medical advice or recommendations, and the Site should not be construed as doing so. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, a dietary supplement or other product. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.

KusogLife does not make any representations, recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by KusogLife.com, KusogLife employees, guest writers, editors, and invitees of KusogLife.com, or other visitors to KusogLife.com is solely at your own risk. The Site, its content, and any services or products obtained through the Site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Reporting Adverse Events Related to Products

If you experience an adverse event or negative reaction related to the use of a dietary supplement, it is important to notify your healthcare provider and report it to the manufacturer or seller of the product so they can investigate the issue. The product label should include the manufacturer's contact information. You can also report the issue to the United States Food and Drug Administration (FDA) via their online portal at https://www.safetyreporting.hhs.gov/ or by contacting your local FDA office. When reporting the issue, please select the option "Start a new report" and choose "Dietary Supplement Report (voluntary)..." as appropriate.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Washington, USA, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Service or the use of the Site shall be filed only in the state or federal courts located in King County, Washington, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

KusogLife makes no representation that the Site or its Content are appropriate or available for use in locations outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Limitation of Liability

We provide our service on an "as is" and "as available" basis, and we do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the service will be accurate or reliable. Except as expressly stated by us, the service and all products and services delivered through the service are provided without any representation, warranties or conditions of any kind, whether express or implied, including but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall KusogLife.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages whatsoever, including but not limited to, direct, indirect, incidental, punitive, special, or consequential damages arising out of or in connection with your use of the service or any product, even if advised of their possibility. This includes, without limitation, any injury, loss, claim, or any damages of any kind, such as lost profits, lost revenue, lost savings, loss of data, or replacement costs, or any other damages, whether based in contract, tort (including negligence), strict liability, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose or for the existence of any limited remedy. In any case, our aggregate liability shall not exceed $100.

You acknowledge that these limitations of liability are an essential basis of the bargain between you and KusogLife, and that KusogLife would not provide the service to you without these limitations. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you to the extent prohibited by law. This Limitation of Liability shall be to the maximum extent permitted by applicable law.

Product Sales

KusogLife may offer certain products for sale on the Site. These products may be offered through partnerships with various vendors and manufacturers. By using the Site and purchasing any products offered, you acknowledge that you may be redirected to a third-party vendor or manufacturer's website to complete the purchase. All pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the third-party vendor or manufacturer's website will apply to you, and they may change them at any time. KusogLife will not handle or address any contacts with any customers of the third-party vendor or manufacturer, and, if contacted by you for a matter relating to interaction with a third-party vendor or manufacturer's website, we advise that you follow contact directions on that website to address customer service issues.

Accuracy and Completeness of Information

We strive to ensure that the information available on our site is accurate, complete, and current. However, we cannot guarantee the accuracy, completeness, or timeliness of any information on the site. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice.

Product Information and Availability

We aim to provide accurate and current information on products offered through our service, however, we cannot guarantee the availability, suitability, or quality of any products offered by third-party vendors and manufacturers. We may earn a commission from qualifying purchases made through our service. We are not responsible for any errors, inaccuracies, or omissions in product descriptions, pricing, purpose, offers, product shipping charges, transit times, or availability provided by third-party vendors and manufacturers.

Any reliance on the information provided by third-party vendors and manufacturers is at your own risk. You acknowledge that we have no control over the quality, safety, or legality of any products offered by third-party vendors and manufacturers, and we disclaim all warranties and liabilities related to such products. You agree that any purchase you make through our service is at your own risk and subject to the terms and conditions of the third-party vendor or manufacturer offering the product. We reserve the right to modify, suspend, or discontinue the service (or any part or content thereof) at any time without notice.

Force Majeure

KusogLife shall not be liable for any delay or failure to perform resulting from causes outside of its reasonable control or unforeseen circumstances such as acts of nature, force majeure events, fires, floods, earthquakes, accidents, strikes, wars, terrorism, governmental acts, failures of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.

Severability

If any provision of these Terms is found to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Indemnification

You agree to indemnify, defend, and hold harmless KusogLife, its affiliates, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, liabilities, damages, expenses, and costs, including reasonable attorneys' fees, arising from or in any way related to your use of the Site or any violation of these Terms by you.

Technology

The items added to your goals, diet, exercise routine, schedule and other tools on the Site which may be personal or unique to your use are stored only for your use and are not available to other users of the service.

We do not warrant or guarantee that the Site will be compatible with the hardware or software on any particular device or that it will function seamlessly with your mobile or computing device. We do not warrant or guarantee against any errors, omissions, delays, failures, interruptions, or corruption or loss of data, alerts, notifications, or other information transmitted in connection with your use of the Site.

We assume no liability for any such issues, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications. We, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability, or timeliness of the Site and its Content, including software, text, graphics, links, or communications provided on or through the use of the Site. We also do not warrant or guarantee compliance of any software tools with regard to the Site.

We have no obligation to provide technical support or maintenance for the Site. We reserve the right, without notice or liability, to modify or discontinue the Site or any part of it or impose limits on your use of or access to the Site. Although we take reasonable measures to keep the Site free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Site will be free of such contaminations. Any transmission of data or information over the Internet is subject to a number of factors beyond our control, and we make no guarantees as to the reliability or security of any such transmissions.

Accuracy of Billing and Account Information

We use Stripe and PayPal to process credit card payments made in respect of purchases on this website. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We take information security seriously and follow best practices to ensure the safety and security of all information that is transferred or stored on our website. All credit card information is encrypted during transfer over networks and securely stored. However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we cannot guarantee the absolute security of your personal information. By using this website, you acknowledge that you are providing your personal information at your own risk.

Refund Policy

By using our services, you agree to comply with our Refund Policy, which is an integral part of these Terms of Service. If you decide to cancel your subscription, you may be eligible for a refund within fifteen (15) business days from the date of receipt of your notice to us. To request a refund, you must contact us at admin@KusogLife.com with accurate billing and account information. We reserve the right to approve or deny refund requests at our discretion. In order to qualify for a refund under this Refund Policy, you must provide notice of a refund claim within the following refund window: within fifteen (15) days of purchase.

Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and KusogLife regarding your use of the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and KusogLife. No other terms or conditions apply, except as described elsewhere in this Agreement.

Privacy Policy

Your submission of personal information to the Site is governed by our Privacy Policy, which is available at https://KusogLife.com/privacy-policy. Our Privacy Policy describes how we collect, use, and disclose your personal information, and your rights with respect to your personal information. By using the Site, you agree to the terms of our Privacy Policy.