TERMS OF SERVICE
Last Updated: February 22, 2024
These Terms of use are effective as of the date of your first use of the services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. This Information is being provided to you so that you can make an informed decision about seeking the services of NuLife Sciences, Inc. (the “Company”).
BY USING THE INTEGRATED PRODUCT SOFTWARE (“SOFTWARE”), You agree to be and are hereby bound by the terms of this Agreement (“Agreement”). If you do not agree to the terms of this Agreement, you must promptly destroy all copies of the Software and accompanying documentation (“Documentation”).
NuLife Sciences (“NL, “we”, “us”, “our”, “company” and terms of similar meaning) offers several wellness solutions, products and services, including SDK and application, and its website located at https://nulifesciences.com/ to help you track and record your wellness status and display various health indicators of its users. We refer to the services provided by or through TruScan, the Company and the site as the “services”.
FDA clearance is not required as a consumer general wellness and fitness system or sensor, as outlined here and applied towards other similar products (Apple Watch, etc): https://www.fda.gov/medical-devices/workshops-conferences-medical-devices/webinar-final-guidance-general-wellness-policy-low-risk-devices-september-1-2016
By using our services and accessing information on our website, users acknowledge and understand the general wellness nature of our products and the regulatory framework guiding their market presence.
These Terms of Use, together with the Company’s Privacy Policy (collectively, the “Terms”, as may be amended from time to time), govern your use of TruScan, the Site and the Services, which are effective as of the date of your first use of the services. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
ACKNOWLEDGEMENT: These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
CHANGES AND MODIFICATIONS: We reserve the right to, at our sole discretion, modify, discontinue or terminate the Site, Services or TruScan or to modify these Terms, at any time and without prior notice. Unless otherwise specified, any modifications to these Terms will be effective immediately upon being posted, and your continued use of the services following any such modifications will be deemed accepted thereof.
AGE RESTRICTION: The use of the Services is restricted to individuals who are 18 years of age or older. If you are under the age of 18, you shouldn’t use the Service without permission of your legal guardian.
ACCOUNT RESPONSIBILITY: You are solely responsible for all activities conducted in association with your account. To access the Services, you must create a personal account by providing accurate, truthful, current, and complete Personal Data as prompted during the registration processes.
PERSONAL DATA ACCURACY: It is imperative that you keep your Personal Data up to date. You must promptly update any changes to ensure that your information remains accurate, truthful, current, and complete.
FALSE INFORMATION: If you provide Personal Data that is found to be untrue, inaccurate, not current, or incomplete, or if the Company has reasonable grounds to suspect such inaccuracies, we reserve the right to suspend or terminate your access to or use of the Services.
PASSWORD AND USERNAME: Upon completing the registration process, you may be required to create or receive a password and username designation. These credentials are exclusive and non-transferable for your use only.
CONFIDENTIALITY: You are responsible for maintaining the confidentiality of your password and account. All activities that occur under your password or account are your full responsibility. The Company is not liable for any loss or damages resulting from your failure to uphold the confidentiality of your account credentials.
USER CONTENT: In the course of using our Services, you may be required or enabled to post, upload, store, share, send, or display personally identifiable information and other data (such as your height, weight, age, sex, hypertension status, etc.), profiles, opinions, messages, notes, comments, and any other information and content (“User Content”) through the Services.
By making your User Content available on or through our Services, you grant the Company a permanent, non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up license to use, copy, modify, publicly display, publicly perform, reproduce, distribute, adapt, translate, create derivative works from, and distribute your User Content. All such use, particularly if your User Content contains personally identifiable information, will comply with our Privacy Policy.
You affirm and guarantee that the use and provision of your User Content on the Service will not:
(i) Infringe, misappropriate, or violate a third party’s rights;
(ii) Violate any applicable law or regulation or give rise to civil liability; or
(iii) Be fraudulent, false, misleading, or deceptive.
The Company assumes no liability for your User Content, including without limitation the maintenance of a backup of your User Content, and you are solely responsible for any liability arising from or related to any of your User Content.
LICENSE: The Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, subject to these Terms, to install, access, and use the Services through the Application.
OUR CONTENT, INTELLECTUAL PROPERTY AND PROHIBITED USES: Within these Terms, the term “Content” encompasses proprietary materials, including but not limited to software, information, data, logos, designs, images, text, graphics, buttons, domain names, meta-tags, and the overall visual presentation, available through the Services, which include TruScan and the Site.
The Company grants you a limited, revocable, non-exclusive license to access and use the Services. This license also permits you to view, copy, and print specific portions of the Content accessible through the Services for your personal, non-commercial use. Additionally, you are granted the right to download, install, and operate the Company’s services and products on a mobile device under your ownership or control. However, this license is subject to strict adherence to the following terms:
- Permitted activities include solely viewing, copying, and printing designated portions of the Content for personal use;
- Prohibited activities include modification, creation of derivative works, reproduction, distribution, or display of the Content (excluding page caching) unless expressly permitted in these Terms;
- Removal or modification of any copyright, trademark, or other proprietary notices within the Content is strictly prohibited;
- Usage of any data mining, robots, or similar data gathering or extraction methods is strictly prohibited;
- The Services and the Content may not be used for any purpose other than their intended purpose.
- You must not engage in reverse engineering, decompiling, or disassembling any aspect of the Services or the Content.
- You must not interfere with or disrupt the integrity or performance of the Services or the Content.
- Notwithstanding anything to the contrary herein, you may not perform, attempt to perform, or encourage or assist others in performing any of the following:
- Connecting to or accessing any portion of the Services other than through the use of the Services’ intended interfaces;
- Accessing non-public areas of the Services;
- Testing the vulnerability of the Services, breaching any security or authentication measures, circumventing any technological measure implemented by the Company or any of its providers to protect the Services, or publishing or disseminating any reports or analysis with respect to the Services;
- Decompiling, disassembling, reverse engineering, tampering with, or attempting to derive the source code of any portion of the Services;
- Copying, adapting, modifying, preparing derivative works based upon the Services, Materials, or Analysis; or
- Distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, or otherwise disposing of the Services, Materials, Analysis, or any portion thereof in a manner not explicitly permitted herein.
Engaging in any unauthorized use will result in the immediate termination of the permission or license granted by the Company. You agree to comply with all relevant proprietary rights and applicable laws, including any additional copyright notices or restrictions specified in these Terms.
PAYMENTS: Certain Services may necessitate the payment of fees. In the event that fees are imposed for any segment of the Services, users will be expressly and separately notified of such charges. Any supplementary terms pertaining to these payments shall be explicitly communicated to the user.
TERMINATION: The Company retains the right to terminate this agreement without notice in the event of a User’s violation of the Terms. Upon termination, the Company may delete all data, including measurements and User Content.
Users may terminate the agreement at any time by uninstalling the Services or discontinuing Service use, notifying the Company accordingly. Provisions related to disclaimers, waiver of rights, warranty, limitation of liability, remedies, compensations, and ownership will persist post-termination.
If neither party terminates the agreement, it will continue indefinitely, unless legal stipulations require earlier expiration.
LINKS TO OTHER WEBSITES: The Service may incorporate links to third-party websites or services not owned or controlled by the Company.
The Company explicitly disclaims control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. The user acknowledges and agrees that the Company shall not be held responsible or liable, directly or indirectly, for any damage or loss purportedly caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Users are advised to meticulously review the terms and conditions, as well as the privacy policies, of any third-party websites or services they choose to visit. This clause shall form an integral part of the overall terms and conditions governing the use of the Service.
DISCLAIMER CLAUSE: Our Services are designed exclusively for general wellness purposes. These Services do not dispense any form of medical advice and are not intended for any medical applications or purposes.
The estimative measurements (“Measurements”) and analysis (“Analysis”) provided to you concerning your psychological state and status, inclusive of various health parameters, should not be construed as medical advice. The Measurements we furnish are not meant for any medical applications, diagnostic purposes, or to address, treat, cure, or prevent any disease, ailment, or injury. To the fullest extent permitted by applicable law, you expressly acknowledge that we are not offering any medical advice through our Services. All content, including Measurements, provided by our Services, is not intended to substitute the device recommended or prescribed by your physician or other medical professionals.
If you have any health-related inquiries, it is imperative to promptly contact your physician or local emergency services. Your utilization of our Services does not establish or imply a doctor-patient, therapist-patient, or any other healthcare professional relationship between the Company and you. This disclaimer forms an integral part of the terms and conditions governing your use of our Services.
The Measurements supplied to you are derived from indicators and standards developed by the Company and are exclusively intended for general wellness purposes. No representations or warranties, whether express or implied, accompany these Measurements. Despite our diligent efforts to furnish precise estimative Measurements, we provide no warranty and explicitly disclaim any responsibility or liability for the accuracy, availability, security, completeness, or proper use of Measurements, Content, or any other information or results you obtain through the Services.
LIMITED LIABILITY: To the maximum extent permitted by applicable law, the Company, its subsidiaries, affiliates, officers, employees, and suppliers (collectively referred to as “the Company”) shall not be held liable for any incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, data, and goodwill, arising out of or in connection with the use or reliance upon the Company’s services, software, content, or any third-party apps.
Furthermore, the Company disclaims all warranties and conditions, whether express or implied, regarding the accuracy, reliability, quality, and performance of its services, software, and content. The Company does not warrant that the services will be secure, free from bugs, viruses, interruptions, data loss, errors, theft, or destruction.
The Company shall not be liable for inaccuracies, performance failures, breaches, unavailability, or losses arising from external third-party services upon which the Company’s services rely, including failures related to hosting services and payment processing services, or from causes beyond the Company’s reasonable control, such as cellular, internet, or Bluetooth failure, network or computer equipment failures, electrical power failures, or acts of providers of third-party services.
In any event, and notwithstanding anything herein to the contrary, the Company’s maximum total aggregate liability under these terms, whether based on warranty, contract, tort (including negligence), product liability, or otherwise, shall not exceed, in the aggregate for all claims, USD 1,000. Users acknowledge that the exclusions and limitations of liability set forth in this clause are fundamental elements of the bargain between the Company and the user.
GOVERNING LAW: The laws of the United States shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
DISPUTE RESOLITION: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
SEVERABILITY If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES: The Company reserves the right to modify these Terms periodically. Notice of such changes will be provided by posting them on the Website and/or the Application or through any other suitable means. Any modification becomes effective immediately upon notification or posting. Continued use of the Services following a change indicates acceptance of the modified Terms. The Company may also alter or cease, temporarily or permanently, any feature or component of the Services at its discretion, with or without notice, without incurring additional liability beyond what is explicitly specified herein.
CONTACT:
If you have any questions about these Terms and Conditions, you can contact us:
By email: support@nulifesciences.com
By visiting the contact, us page on the website: https://nulifesciences.com/