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Terms of Service

Welcome to Better In Health!

The Better In Health platform is dedicated to helping you make better health choices so that you can live a happier life. These Terms of Service (“Terms”, “Terms of Service”, “TOS”) sets forth the binding legal agreement between you and Better In Health (the “Site”, the "App", "BIH"), operated by Better In Health Inc. (“Better In Health”, “us”, “we”, or “our”) for the use of the Better In Health software application (the “Software”) and the services provided through the Software (together with the Software, the “Service” or “Services”). As a subscriber to our Service (a “Subscriber”), you may use and access the Service that you have enrolled in, subject to your compliance with the terms and conditions set forth in the TOS. By using the Service, you represent that you are not a person barred from receiving or accessing the Service under the laws of the United States and Canada, you are at least eighteen (18) years of age, that you possess the legal right and ability to agree to, abide by, and be bound by this TOS. Please read these TOS carefully before using the Service.

Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site you agree to our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action. If you do not agree to these terms and conditions, in whole or in part, please do not use the Site.

Our Services: Our Services may include, without limitation - i) access to information, text, graphics, photos, resources or other materials appearing on the Better In Health platform, or in any aspect of the Services (the ‘Content’), including education Content relevant to your health goals; ii) the ability to create, upload, transmit, display and access user submissions; iii) the ability to interact with our relevant personnel; iv) the ability to request your health information to share with other healthcare providers, friends, or family so that they can understand how you use the Better In Health platform; v) access to other information about us and our products and services through the Site and any other features, content or applications that we may offer from time to time.

Subscriber: This site and its services are intended solely for use by individuals residing in the state of Arizona located in the country of USA ("Arizona"). By subscribing to and using this site, you confirm that you are a resident of Arizona and acknowledge that the site is designed to comply with the laws and regulations applicable within the state. If you are accessing or using this site from outside Arizona, you do so at your own risk. The site, its developers, and associated entities assume no responsibility for any harm, injury, or adverse outcomes resulting from the use of the site in and outside Arizona. Users in and outside of Arizona are advised to consult with a qualified healthcare provider familiar with the laws and regulations in their jurisdiction before using the site’s services.

As a Subscriber, you will be required to register to establish an account with us in order to access the Service and your account. When you register, you agree to (a) provide true, accurate, current and complete information about yourself, and (b) maintain and update your information to keep it true, accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, Better In Health shall have the right to immediately terminate your account and your use of the Service and to delete your Better In Health Communications (as defined below).

As a Subscriber, you will be able to access, through your account, communications and messages (“Communications”) transmitted by you. Any information provided or transmitted through the Service will become part of your Better In Health Communications. You agree to provide accurate and thorough information for your Better In Health Communications. All information, data, content, text, pictures, video, communications and other content that you transmit, upload, post or otherwise provide to us in using the Service (collectively, “Content”), as well as the contents of your Better In Health Communications is subject to our Privacy Statement, that can be found within the Better In Health Software application.

When using the Site, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our "Acceptable Use Policy" as mentioned below.

You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Better In Health policy (including the Acceptable Use Policy. or Prohibited Products Policy). Upon termination of your use of the service, certain provisions will survive termination: your content, and other materials, which include but are not limited to photos, messages, comments, to-do lists, schedules, orders, tracking, etc.

We welcome your feedback and suggestions about how to improve the Site. By submitting feedback in this or in any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Subscriptions: Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Better In Health Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Better In Health Inc. customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Better In Health Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Better In Health Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Better In Health Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial: Better In Health Inc. may, at its sole discretion, offer a subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Better In Health Inc. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Better In Health Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes: Better In Health Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Better In Health Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds: Refund requests for Subscriptions may be considered by Better In Health Inc. on a case-by-case basis and granted in sole discretion of Better In Health Inc. Users may cancel subscriptions through their account page. Refunds are not prorated for partially used subscription terms. If payment fails, the subscription is automatically canceled after a 48-hour grace period.

Content: Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, appropriateness with respect to local laws and those of your regulatory body.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Copyright and DMCA Policy: Digital Millennium Copyright Act (DMCA) Notifications If you believe that your work is the subject of copyright infringement and appears in our Application, please provide Better in Health’s designated agent with the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner. 2. Identification of the copyrighted work claimed to have been infringed. 3. Identification of the material that is claimed to be infringing and information sufficient to permit Better in Health to locate such material.

Third-Party Integration and Liability: Certain areas of the App or features of the Application may take You to websites or applications that are not Better in Health websites or applications (collectively, “Third-Party Sites”), and, if applicable, allow You to configure Your privacy settings in Your Third-Party Site account to permit Your activities and information from the Application to be shared with contacts in Your Third-Party Site account. Better in Health MAY USE THIRD-PARTY WEBSITES, THIRD-PARTY HELP DESK SYSTEMS, AND OTHER THIRD-PARTY SERVICES TO PROVIDE CERTAIN SUPPORT SERVICES AND ONLINE FORUMS TO YOU. SUCH THIRD-PARTY SERVICES MAY NOT MEET THE REQUIREMENTS FOR THE PROTECTION OF PROTECTED HEALTH INFORMATION.

FTC Disclosure: Better in Health aims to provide unbiased content on our App. However, we disclose that: 1. We may receive free products from marketers that we may review or discuss. 2. We may run advertisements on our sites and receive compensation. 3. We may receive compensation if you click links on our Website and purchase a product or service.

Detailed Dispute Resolution Procedure: Before filing a claim against Better in Health, You agree to try to first contact us and make a good faith effort to resolve the dispute informally. Arbitration for Claims <$10,000: Conducted by telephone, online, or solely based on written submissions. Arbitration for Claims>$10,000: Conducted in accordance with the American Arbitration Association.

Unauthorized Activities and Security Monitoring Unauthorized Activities: Users may not upload, post, or otherwise make available any material protected by copyright, trademark, or any proprietary right without permission. Better in Health may monitor communications for security and compliance purposes.

Liability Limitations for Allergens and Nutritional Data: Better in Health disclaims liability for inaccuracies in nutritional data and allergen-related health issues: Users are solely responsible for verifying the safety of ingredients. Better in Health provides general educational purposes only and is not responsible for errors in provided data.

We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.

You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.

Limitations regarding medicine and medical treatment: We do not provide any medical advice or medical treatment or medical nutrition therapy (MNT). The content and any information provided here are for educational purposes only and must not be used for the diagnosis or treatment of any medical condition. Always seek the advice of a/your physician or other qualified health providers before deciding to start, alter or discontinue any course of the medical treatment or any question regarding your medical condition, your diet or the use of any medication or medical device. Do not use the Service as a substitute for consulting with a medical provider, and do not disregard professional medical advice or delay in seeking it because of any information received in connection with our services. Any or all advice you receive from a medical provider supersedes the information you receive from the Service.

To the extent that, in addition to the Service you receive from us, you also receive medical care from another party, that medical care is separate from and unrelated to the Service provided by us. Your treating medical professional is responsible for obtaining your informed consent to any medical diagnosis or treatment in connections with that medical care. We are not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you may obtain from unaffiliated third parties in connection with or as a result of using the Service.

Intellectual Property: The Service and all contents, including but not limited to text, images, graphics or code are solely the property of Better In Health Inc. The Service and the Content are protected under U.S. and international property laws, including copyright, database, trademark, patent, and trade secret protections as well as other laws. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Better In Health Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Indemnification: You agree to fully indemnify, defend, and hold the Better In Health Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement; (b) any allegation that any materials you submit to us or transmit to the Better In Health Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Better In Health Platform or other websites to which the Better In Health Platform is linked; and/or (d) your negligent or willful misconduct.

Limitation of Liability: In no event shall any Better In Health Inc. party be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services or the content: i) for any special, indirect, incidental, punitive, exemplary, or consequential damages or any kind whatsoever for any substitute goods or services (however arising); ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); iii) for your use or inability to use or reliance on the services or any content; or iv) statements or conduct of any third party on our services. In addition, the maximum liability of the Better In Health Inc. parties to you for any and all damages, losses and causes of action arising out of or relating to the services is limited to the greater of i) the amount paid by you for access to or use of your services, or ii) three hundred U.S. dollars (USD $300.00).

You acknowledge and agree that the limitations set forth in this section are fundamental elements of these agreements and that the services would not be provided to you absent these limitations. You agree that the limitations of liability in this section represents a reasonable allocation of risk and are a fundamental element of the basis of the bargain between Better In Health Inc. and you.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you if you reside in one of those jurisdictions. If any portion of this limitation of liability is found to be invalid, liability if limited to the fullest extent permitted by law.

Better In Health Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Any claims against Better In Health arising in connection with your access to or use of the Services must be brought against Better In Health must be brought against Better In Health within one (1) year of the day of the event giving rise to that claim.

Disclaimer and Non-Waiver of Rights: Better In Health Inc. makes no guarantees, representations or warranties of any kind as regards to the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

AI-Powered Analysis Disclaimer: Our app utilizes artificial intelligence (AI) to analyze user-submitted recipes and provide personalized feedback on diabetes management, nutritional insights, and other health-related recommendations. While we strive to ensure that our AI-driven analysis is accurate and beneficial, the technology is continually evolving and may not always provide perfect or fully comprehensive results. The AI-generated feedback should be used as educational and not as a substitute for professional medical advice. Users should always consult with a qualified healthcare provider before making significant dietary or health-related decisions based on AI-generated insights. We are not responsible for any discrepancies, misinterpretations, or unintended effects resulting from AI-generated recommendations. By using this feature, you acknowledge and accept the inherent limitations of AI-generated insights, recommendations and analysis.

Better In Health Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

If you breach any of these Terms and Better In Health Inc. chooses not to immediately act, or chooses not to act at all, Better In Health Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Better In Health Inc. does not waive any of its rights. Better In Health Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Dispute Resolution: You and Better In Health Inc. agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the Better In Health Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Better In Health Inc. each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Better In Health Inc. agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” will survive any termination of the Terms.

Acceptable Use Policy: As part of Better In Health’s Acceptable Use Policy, you agree not to use the information, services or any other part of the Better In Health Platform to take any action that: - are contrary to Better In Health's public image, goodwill or reputation;
- promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
- infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, abusive, tortious, pornographic or obscene;
- are hateful or discriminatory based on factors such as race, religion, gender, sexual orientation, national origin and other legally protected characteristics;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Better In Health Platform, including, without limitation, by means of "hacking" or defacing any portion of the Better In Health Platform;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Better In Health Platform;
- remove any copyright, trademark, or other proprietary rights notices contained in the Better In Health Platform;
- sublicense, sell, rent, lease, transfer, assign, or convey any rights under the Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the Better In Health Platform, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- "frame" or "mirror" any part of the Better In Health Platform without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Better In Health or affiliates;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent applicable, foreign law or to publish or distribute content that is not related to chronic conditions or health;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," crawl or scrape the Better In Health Platform or in any way reproduce or circumvent the navigational structure or presentation of the Better In Health Platform or its contents, authentication and security measures;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Better In Health Platform's servers or any data not intended for you;
- harvest or collect information about any Better In Health Platform visitors or members without their express consent; and/or
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.

Miscellaneous: If you access the Better In Health Platform through a Better In Health application, you acknowledge that this agreement is between you and Better In Health only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.

These Terms, together with the Privacy Policy, Terms of Service for Beta Program, Cookie Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and us regarding your access to and use of the Services.

This agreement will be interpreted in accordance with the laws of the province of Ontario and Canada, without regard to their conflict-of-law provisions. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

We reserve the right at any time to:
i. change the terms and conditions of this agreement, consistent with applicable law;
ii. change the Better In Health Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your Better In Health account, or use of and access to the Better In Health Platform.
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Better In Health Platform, and posting notice of such changes on the Better In Health Platform or in another manner in our reasonable discretion. You agree that your continued use of the Better In Health Platform after such changes constitutes your acceptance of such changes.

No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with Better In Health's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.

Better In Health may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.

Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.

This agreement supersedes all prior terms, agreements, discussions and writings regarding the Better In Health Platform and constitutes the entire agreement between you and us regarding the Better In Health Platform. If any provision in this agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.

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