Terms of Service

Last Updated: June 22, 2023

Welcome to Healthible. Please review these terms of service (“Terms”) carefully before using

our website. By opting-in to accept these Terms, you agree to be bound by the following:

General Use of Healthible

These Terms control your use of our website and the relationship between you and A-Forms

Incorporated (“Healthible” or “we”). In order to use certain Healthible services, you must first

agree to this Terms. Some of our services cannot be provided if you do not accept the Terms.

You may accept the Terms by opting-in to agree to the Terms and register your information on

our website.

Your Account

To access our services, you may need to create an account with us. You are responsible for

maintaining the information associated with your account accurate and up-to-date (such as

name, contact information and address), and you agree to accept responsibilities for all

activities that occur under your account. You may be required to provide a valid payment

method associated with your use of our services. Please keep your account name and

password confidential and do not share your account information.

Our services are provided to and intended for adults only. If you are under the age of 18, you

may only use our services with the supervision of a parent or guardian. We reserve the right to

refuse service, cancel your account or transactions at our sole discretion for any violation of the

Terms.

Privacy Policy

Please review our Privacy PolicyHERE to understand how we manage and safeguard your

personal information.

Third Party Content and Services

As part of your use of our website and services, you may receive access to additional data,

content, or applications subject to separate terms and conditions of third party providers. Our

website may display certain content that did not originate from us (“Third Party Content”). Third

Party Content is the sole responsibility of the entity that makes it available. We reserve the right

to suspend or terminate any Third Party Content at any time.

Healthible may partner with third parties to provide information and services and we may

provide links or redirect you to our partners and providers. Such services are provided directly

from those third party service providers, not from us. Healthible does not assume any liabilities

for such third party information and services.

Electronic Communications

By accessing our website and agreeing to these Terms or communicating with us, you agree to

receive communications from us. We may contact you by sending notices through email, text

message or other forms of communication. You agree that all notices, agreements or

amendments hereafter or other communications that we provide to you satisfy any legal

requirement thereof.

Fees and Payments

By agreeing to the Terms and providing us with your payment information, you are expressly

agreeing that (i) we are authorized to charge you a fee on a recurring or one-time basis

corresponding to the term of your service, any other fees for additional services you may

subscribe, and any applicable taxes in connection with your use of our services; (ii) we may

submit charges incurred under your account for payment; and (iii) you will be responsible for

such charges. We will notify you of any price changes and such changes will only occur on your

next bill or billing cycle. For your service to work uninterrupted, we recommend that you provide

accurate billing and payment information and maintain your information up-to-date. To the

extent permitted by applicable laws, all payments are non-refundable and we do not provide

refunds or credits.

Copyright and Other Intellectual

Property Rights

All content on our website or information provided through our, such as content, data,

information, documents, reports, graphics and images (collectively, “Content”) are provided by

and the exclusive property of Healthible, its affiliates, subsidiaries and partnering third parties,

and are protected by copyright and other intellectual property laws. The trademarks, service

marks, trade names, logos and copyrights appearing on our websites are trademarks and

copyrights of Healthible, its affiliates and/or third party providers. Any use of Content outside of

Healthible without our prior written permission is strictly prohibited; including but not limited to

modifying, copying, distributing, transmitting, selling, licensing, creating derivative works or

using all or any portions of the contents on our website and Content. Other branded products

and names not belonging to Healthible used within our website and in the Content are for

identification purposes only.

You understand and agree to not misuse our services. For example, you may not (i) make the

service or Content available to anyone other than the user registered with and authorized by

Healthible; (ii) sell, resell, rent or lease any portion of the service; (iii) interfere with or disrupt the

integrity or performance of the content provided by us; (iv) attempt to gain unauthorized access

to our website or its related systems or networks; (v) reverse engineer any portion of our

website or services; (vi) access our website in order to build a competitive product or service;

(vii) access our website using “bots” or “spiders” or any automated system that calls to a service

more frequently than may reasonably be performed by a human user using a standard web

browser; (viii) not interfere with our website or try to access it by using a method other than the

interface and the instructions that we provide; or (ix) use our website for any illegal purpose.

You must use reasonable efforts to prevent any unauthorized access to or use our services or

access to Content and promptly notify us of any such unauthorized access or use.

You agree (i) not to reproduce, duplicate, copy, download, store, further transmit, disseminate,

transfer, or otherwise exploit our website, services or Content; or (ii) not to copy, replicate or

“mirror” any information contained on our website, including content, information, graphics and

marks without the prior written consent from us. We may suspend or stop providing services to

you if you do not comply with these Terms or if we are investigating suspected misconduct.

License of Content

After your registration of our services, you are granted a limited, non-exclusive, non-

sublicensable and non-transferable license to the Content. This license does not include uses

outside the scope of its intended purpose or resale of the Content or any portion of the Content.

We reserve the right to terminate your license at any time for non-compliance of these Terms.

Warranties and Disclaimers

HEALTHIBLE AND ITS AFFILIATES AND SUBSIDIARIES DO NOT MAKE ANY SPECIFIC

PROMISES ABOUT OUR WEBSITE OR SERVICES AND CONTENT. FOR EXAMPLE, WE DO

NOT MAKE ANY COMMITMENTS ABOUT THE WEBSITE’S CONTENTS, FUNCTIONS, OR

ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. HEALTHIBLE

PROVIDES SERVICES AND CONTENT “AS IS” AND HEREBY DISCLAIMS ALL EXPRESS

OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS,

INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation on Liability

While we aim to provide you with an exceptional service and user experience, for a variety of

reasons beyond our control, services may be affected by sudden interruptions and other

failures. Our website and services require certain third party providers to operate, such as

internet or cloud service stability, and hardware devices. You understand that the

aforementioned reasons may cause the website and our services to be unavailable at times.

HEALTHIBLE, ITS AFFILIATES, SUBSIDIARIES AND OUR THIRD PARTY PROVIDERS

SHALL NOT BE LIABLE FOR ANY LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL,

EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED AS A RESULT OF YOU USING,

MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE

CONTENT OR THE USE OF OUR SERVICES, HOWEVER IT ARISES, WHETHER IN AN

ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF

OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE

FROM US, EVEN IF WE HAVE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH

DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HEALTHIBLE,

AND ITS AFFILIATES AND SUBSIDIARIES, FOR ANY CLAIMS IN CONNECTION OF YOUR

USE OF OUR SERVICE, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE

AMOUNT YOU HAVE PAID TO US TO USE OUR SERVICES WITHIN A ONE (1) MONTH

PERIOD OF SUCH CLAIM. HEALTHIBLE MAY CHOOSE TO EXTEND YOUR SERVICE

PERIOD AS A REMEDY. IN ALL CASES, HEALTHIBLE, ITS AFFILIATES, SUBSIDIARIES

AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY LOSS OR

DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES SHALL HEALTHIBLE OR ITS AFFILIATES AND

SUBSIDIARIES BE LIABLE FOR ANY LOSS OR FAILURE TO PERFORM ITS OBLIGATIONS

DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO LABOR SHORTAGES,

STRIKES, RIOTS, ACTS OF GOD, FLOODS, LIGHTNING, FIRE, EPIDEMIC, POWER OR

COMMUNICATION UTILITY INCLUDING INTERNET SHORTAGES, FAILURES,

EARTHQUAKES, WAR, OR RESTRICTIONS, REGULATIONS, ORDERS IMPOSED BY ANY

GOVERNMENT, AGENCY OR SUBDIVISION THEREOF.

You agree to indemnify, defend and hold harmless Healthible, its subsidiaries, and affiliates,

and their respective officers, directors, employees and agents, from and against any and all

claims, actions, liabilities, damages, losses, costs, expenses and fees (including attorneys’ fees)

arising from or related to your use of our website and services. If you are using our website or

services on behalf of a business, that business accepts these Terms of Service.

Changes to the Terms

We may from time-to-time modify these terms or add terms that apply to our website and

services. We may also add or remove any functionalities or features, and may suspend or stop

a service altogether. You may elect to stop our services or we may stop providing services to

you at any time. We will post notices or notify you of modifications to our service. Changes will

not apply retroactively. If you do not agree to the modified terms, you may elect not to opt-in to

agree with our Terms or you may discontinue your use of our website and services.

Governing Law and Jurisdiction

These Terms will supersede and control over any conflicting or additional terms from previously

issued Terms. These Terms control the relationship between you and Healthible and they do

not create any third party beneficiary rights. A failure by us to exercise, or any delay in

exercising, any right or remedy provided under these terms or by law shall not constitute a

waiver of that or any other right or remedy. If any provision of these Terms is held to be invalid

or unenforceable, the provision will be enforced to the maximum extent permissible so as to

affect its original intent, and the remaining provisions of these terms will remain in force. Any

disputes arising out of or relating to these Terms are governed by the laws of the State of

Hawaii. You hereby consent to the exclusive jurisdiction of the courts of Hawaii for any legal

disputes.

Any Questions?

If you have any questions about these terms, please contact us at team@healthible.co