Terms of Service - LIVE TULA

LIVE TULA Terms & Conditions

Last Revised: July 2024

THESE TERMS INCLUDE A JURY AND CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE WITH A JUDGE AND ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION. MORE INFORMATION ABOUT THE JURY AND CLASS ACTION WAIVER CAN BE FOUND IN THE “JURY TRIAL AND CLASS ACTION WAIVER” SECTION OF THESE TERMS.

These Terms & Conditions (“Terms” or “Agreement”) constitute a binding agreement between you and LIVE TULA, LLC, its parent company, JRE Star Investment Holdings, LLC, and its subsidiaries and affiliates (collectively, the “Company” or “Tula” or “we” or “us” and “our”) with respect to your use of our myTULA mobile application (“Mobile App”), www.livetula.com, www.mytula.com, and related websites (collectively, the “Sites”), and the services available on the Mobile App and Sites. This Agreement governs your use of the Sites, including any Content (as defined below), and the Mobile App, both as a visitor and a registered member as described below, as applicable, and your purchase, use, and/or access to the Tula services and products (collectively, the Sites, Mobile App, Content, and services and products made available by Tula are referred to as the “Service”).

To the extent you are a visitor to the Sites, but not a member (meaning you do not have access to the Member Area, as defined below), then by accessing the Sites you represent that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside), and you acknowledge that you have read and understand these Terms and our Privacy Policy and agree to be bound by the terms of this Agreement that are applicable to non-members. If you do not agree to these Terms, then you must not access the Sites.

IF YOU REGISTER ON THE MOBILE APP TO BECOME A MEMBER, THEN BY CLICKING THE “AGREE” BUTTON, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT USE THE SERVICE. For the avoidance of doubt, if you register on the Mobile App to become a member, then in addition to the provisions of these Terms that are applicable to all visitors of the Sites, the provisions of these Terms that apply only to members shall apply to you as well.

Changes to this Agreement

Tula may modify these Terms from time to time. The most current Terms will be available on the home pages of www.livetula.com and www.mytula.com, and the date of the latest update is indicated at the top of these Terms.

Visitors of the Sites: By accessing the Service after the respective “Last Updated” date, all visitors to the Sites accept such modified Terms applicable to their use of the Service as visitors. If you do not agree to the modified Terms, then you may not continue to use the Service.

Members: If you are a member and we modify these Terms in a manner that substantively changes either your or our rights or obligations under these Terms, then we will provide you with notice through the Service or by email with a link to the updated Terms. If you do not agree to the updated Terms, then do not click on the “Agree” button and do not use the Service. If you do not agree to the modified Terms, then you may not be permitted to continue using the Service. If at any time you are no longer able to comply with the terms of the then-current Agreement, you must terminate this Agreement by immediately ceasing to use the Service. All changes to these Terms shall apply to your use of the Service following the respective “Last Updated” date.

Company Offering

Tula provides software solutions and online platforms for members to monitor and manage their health conditions. Subject to these Terms, the Service enables members to upload data collected through wearable tracking devices, test results, and other information (collectively, “Member Data”) in order to monitor and manage such Member Data. We may also provide members with access to certain features within the Member Area (as defined below) of the Service to exchange messages, images, and other content, subject to these Terms.

Tula may change, suspend, or discontinue any aspect of the Service at any time. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance. Tula may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Service.

Membership Eligibility

To access certain parts of the Service and/or use the Mobile App, you must become a member. To become a member and access the area on the Mobile App and Sites reserved for members (the “Member Area”), the Company requires that you are designated as eligible to register for the Service by your Insurance Provider (as defined below).

The Service Does Not Provide Medical Advice

ALL OF THE MATERIAL PROVIDED ON THE SITES OR MOBILE APP AND AS PART OF THE SERVICE, SUCH AS TEXT, TREATMENTS, DOSAGES, OUTCOMES, CHARTS, PATIENT PROFILES, GRAPHICS, PHOTOGRAPHS, IMAGES, ADVICE, MESSAGES, FORUM POSTINGS, AND ANY OTHER MATERIAL PROVIDED AS PART OF THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. YOU HEREBY AGREE AND ACKNOWLEDGE THAT SUCH INFORMATION SHALL NOT CONSTITUTE MEDICAL ADVICE, DIRECTLY OR INDIRECTLY, WHATSOEVER. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITES OR ON THE MOBILE APP OR RECEIVED AS PART OF THE SERVICE.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. TULA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED AS PART OF THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY TULA, BY PERSONS APPEARING ON THE SITES, MOBILE APP, OR AS PART OF THE SERVICE AT THE INVITATION OF TULA, OR BY OTHER MEMBERS, IS SOLELY AT YOUR OWN RISK.

License Grant to Members

Subject to these Terms, Tula hereby grants to you, as a member, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Service for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Service (collectively, the “Content”), and (b) download and install the Mobile App on mobile devices owned or otherwise controlled by you (each, a “Mobile Device”). Organizations, companies, and/or businesses may not become members and should not use the Service without the prior express written consent from the Company. We reserve all rights not expressly granted to you under these Terms.

Use of Service by Members and Non-Members

Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Tula. In connection with your use of the Service, you agree not to:

use any robot, spider, scraper, or other automated or manual means to access, search, or collect data from the Service or services provided on the Mobile App or Sites for any purposes, including, without limitation: (a) the creation, training, or otherwise in connection with machine learning algorithms, natural language processing, or any related technology without obtaining our express prior written consent; (b) to create derivative works of our Content; (c) to create any service competitive to the Service; or (d) for other commercial purposes;

copy (except to install the Mobile App on your Mobile Device(s)), modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Service;

reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service;

obtain, or attempt to obtain, access to areas of the Service or our systems that are not intended for access by you;

remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service;

“flood” the Service with requests or otherwise overburden, disrupt, or harm the Service or our systems;

attempt to make the Service unavailable through denial-of-service attacks or similar means or otherwise restrict, inhibit, or interfere with any other user’s access to or use or enjoyment of the Service;

rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or any features or functionality of the Service to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time;

post content on the Service that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions;

modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Service; or

access or use the Service for any unlawful purpose or otherwise beyond the scope of the rights granted in these Terms.

Member Registration and Security

To access the Member Area and certain features of the Service, you must create a member account and corresponding username/email address and password (“Credentials”) that you will be required to enter as prompted on the Mobile App. All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading. You are responsible for: (a) maintaining the confidentiality of your Credentials; (b) information, including Member Data and Testing Data, submitted to the Service and all activities that occur under your Credentials or account with or without your knowledge; (c) the accuracy, quality, and legality of all information you submit to the Service and the means by which you acquired such information; and (d) using commercially reasonable efforts to prevent unauthorized access to or use of the Service. If you knowingly provide your Credentials to another person, your membership privileges to the Service may be suspended temporarily or terminated. You agree to immediately notify Tula of any unauthorized use of your Credentials or any other breach of security and will provide reasonable assistance to us in investigating and preventing the recurrence of such unauthorized use or access or security breach.

Privacy and Your Data

You acknowledge and agree that all information collected by Tula is subject to our Privacy Policy. By using the Service, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

As part of the Service, you, as a member, have the option to communicate with Tula representatives who may access your data, including Member Data and Testing Data (defined below), in order to provide you with the Service. You are responsible for use of any data, including Member Data and Testing Data, you make available to any person who may access such data on your behalf (and grant access to such data). If you share your data generated by the Service with a third party, then you agree that anyone you’ve shared such data with may access and use that data, but such use shall not be subject to Tula’s Privacy Policy. Furthermore, by using the Service, you hereby consent to the access and review of such data, including Member Data and Testing Data, by your health care insurance provider (the “Insurance Provider”) and hereby waive and release the Insurance Provider and its respective affiliates from any and all damages, losses, actions, costs, and claims in connection with the access of your data resulting from your use of the Service and in connection with the administration of your participation in the Insurance Provider’s health care plan.

You hereby agree and acknowledge that your testing data and blood glucose readings (“Testing Data”) will not be automatically provided to or monitored by your physician, medical advisor, or any health personnel that you seek or receive health services from in connection with your health management needs (collectively, “Health Agents”). Accordingly, you hereby waive and release any such Health Agents and any respective affiliates from any and all liability, damages, losses, actions, costs, and claims in connection with the access of your Testing Data resulting from your use of the Service.

Ownership

Each and every component comprising the Service is owned by Tula and its licensors and is protected under copyright, trademark, and other applicable United States and international laws and treaties. You acknowledge and agree that, as between you and Tula, Tula is and shall remain the sole owner of the Service, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights in and to the Service.

You hereby grant to us a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, reproduce, modify for the purpose of formatting for display, create derivative works, and distribute your data, including Member Data and Testing Data, in connection with providing and enhancing the Service. Subject to the license granted by you under these Terms, you retain all rights in and to your data, including Member Data and Testing Data. In addition, you hereby grant to us the right to de-identify and aggregate your data, including Member Data and Testing Data, (collectively, “De-identified Data”) to create business and best practice metrics and for any other statistical, analytics, informational, and product and service enhancement purposes, in our sole discretion and without any payment to you. Such De-identified Data will be the sole property of Tula. Without limiting any other provision in this Terms , Tula will be free to copy, modify, retain, distribute, and disclose, display, and otherwise use, commercialize, and exploit such De-identified Data for any purpose permitted under applicable law without obligation or restriction on account of intellectual property rights or otherwise. Tula may use De-identified Data for purposes of Tula’s sales, marketing, business development, product enhancement, or customer service initiatives. As used in these Terms, “De-identified” or “De-identification” means the standard set forth in Section 164.514(a) of the HIPAA Privacy Rule.

Communication Policy

Communications, including phone, email, text messaging, in-app communication, push notifications, and other forms of electronic communication (referred to as “Electronic Communications”), allow Tula to efficiently exchange information with you. This exchange is related to the provisioning of our Service but is not limited to product information, educational content, reminders, appointments, intake forms, and survey links. By using our Service, you agree that Electronic Communications are an acceptable form of communication between you and us.

When you provide your phone number to us as part of registering to download the Mobile App, you consent to receiving transactional SMS/text message communications from us; however, you may opt out of receiving certain SMS/text message communications at any time by changing your Settings within the Mobile App. In addition, within the Mobile App settings, you have the option to receive marketing and promotional messages from us by SMS/text messaging. If you opt-in to the use of SMS/text message for transactional or promotional/marketing communications, you agree to receive such messages, even if your phone number is registered on a federal or state Do-Not-Call registry. Standard text messaging charges from your cell phone carrier will apply. In addition to changing the Settings within your Mobile App, you can also opt out of receiving SMS/text messages by replying “STOP,” and we’ll send a final confirmation message to confirm your revocation of consent to receive SMS/text message communications from us.

You have the right to request a paper copy of this Agreement by emailing us at support@livetula.com.

If you need to update your email address, phone number, or modify communication preferences, please contact us at support@livetula.com. Keep in mind that unsubscribing from communication may affect your ability to use our Service.

We reserve the right to discontinue Electronic Communications or change their terms and conditions, providing notice as required by law.

Links to Other Websites

The Sites and Mobile App may contain links to other websites that are not under the control of Tula. The inclusion of any link does not imply endorsement by Tula of such website and Tula is not responsible for the content of such linked websites.

Updates to the Service

From time to time in its sole discretion, Tula may develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features to our Service (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. You agree that Tula has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Service. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either (a) a Mobile App will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Mobile App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Service and will be subject to these Terms.

Membership Termination

You agree that the Company may, with or without cause, immediately terminate your Tula membership and access to the Service, including the Member Area, without prior notice. Without limiting the foregoing, the following may lead to a termination by the Company of a member’s membership and use of the Service: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Tula has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Member Area.

Fees

Membership to the Service is currently free. Tula reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee in connection with the Service. Products may be purchased from Tula pursuant to these Terms.

Purchases; Other Terms and Conditions

Any Company obligations with regard to the Service are governed solely by the agreements pursuant to which they are provided, and nothing on the Sites or Mobile App should be construed to alter such agreements.

Prices and availability of products and services are subject to change without notice. Tula may make changes to any services offered through the Service or to the applicable prices for any such products or services, at any time, without notice. The materials and information within the Service with respect to products and services may be out of date, and Tula makes no commitment to update the materials or information with respect to such products and services.

The Company reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tula will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the “Return Policy” Section of these Terms.

Paying for Your Order

If you choose to purchase one or more of the products or services provided through the Service, you agree to pay all associated fees associated. The Service does not process credit cards or collect payment processing information. Payment processing is handled through third-party payment processors, such as Stripe.com. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.

If you ordered a special delivery item, you will be charged once a delivery time is confirmed. For digitally delivered orders, your credit or debit card will be charged at the time that you initiate the download of the product.

Validating Your Order

After you place an order we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Tula reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Overdue Amounts

If, for any reason, your credit payment card company declines or otherwise refuses to pay the amount owed for the products and/or services you have purchased, you agree that we may, at our option, suspend or terminate performance of services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Return Policy

We handle issues with our products on a case-by-case basis to ensure fair and satisfactory resolutions. Each reported issue is assessed individually, considering factors like the nature of the problem and product(s) involved. Our approach may include options such as product replacement, repair, exchange, refund, or other agreed-upon solutions.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Tula may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Tula also reserves the right to reject any order you place with us. If we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Tula reserves the right to limit or prohibit sales to distributors.

Shipping

All orders placed through the Service are subject to product availability and will be shipped according to Company shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.

Please review the Shipping Page for additional information on shipping times, rates, and policies.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TULA DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH REGARD TO THE SERVICE OR ANY ADVICE, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SERVICE TO THE EXTENT PERMITTED BY LAW. NEITHER TULA NOR ANY PERSON ASSOCIATED WITH TULA MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. TULA DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

THE ADVICE, RECOMMENDATIONS, INFORMATION, AND CONCLUSIONS OBTAINED BY YOU THROUGH THE SERVICE ARE NOT IN ANY WAY VETTED, APPROVED OR ENDORSED BY TULA, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK.

NOT ALL PRODUCTS SOLD THROUGH THE SERVICE HAVE WARRANTIES. WARRANTIES ARE LIMITED TO INDIVIDUAL PRODUCTS WHEN APPLICABLE. REFER TO THE RESPECTIVE PRODUCT FOR WARRANTY INFORMATION.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL TULA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) DUE TO YOUR USE OF OR INABILITY TO USE THE SERVICE, OR DUE TO YOUR RELIANCE ON ANY OF THE CONTENT CONTAINED OR THE SERVICE INCLUDING, BUT NOT LIMITED TO, BODILY INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE. NOTWITHSTANDING THE PROVISIONS OF THIS “LIMITATION OF LIABILITY” SECTION, IF COMPANY IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, THEN IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED U.S. $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this “Limitation of Liability” Section may not apply to you.

Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, and other representatives, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your violation of this Agreement.

Notice Regarding Apple

The following additional terms and conditions apply to use of the Mobile App on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Company acknowledge that these Terms are concluded between you and Company only, and not with Apple, and Apple is not responsible for the Mobile App, Service, and Content. You agree that your license to use the Mobile App and Service is limited to the Apple iOS Mobile Device(s) that you own or control and that your use of the Mobile App and Service shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Company acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Mobile App or Service. In the event of any failure of the Mobile App to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App or Service, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Mobile App to conform to any applicable warranty. Please note that we have disclaimed all warranties with respect to the Mobile App in the “Disclaimer of Warranties” Section of these Terms, above. You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Mobile App or Service or your possession and/or use of the Mobile App or Service, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App or Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the Apple HealthKit framework. If a third party claims that the Mobile App or Service or your possession and use of the Mobile App or Service infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement, or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. The Company’s contact information for any questions, complaints or claims with respect to the Mobile App or Services is set forth at the end of these Terms. You agree to comply with all applicable third-party terms of agreement when using the Mobile App or Service. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

International Use

Tula makes no claims that information available through the Service is appropriate or may be used or downloaded outside of the United States. Users who choose to access the Service from other locations do so on their own initiative and at their own risk. If you choose to access the Service from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with the Service is void where prohibited.

Member Notices

If you register as a member, you agree that Tula may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Service).

Notice to California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

U.S. Export Controls

The Service may be subject to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Service available outside the United States.

Governing Law and Venue

This Agreement shall be governed by the laws of the state of Delaware, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the state of Delaware, and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Service, shall be litigated exclusively in the state and federal courts residing in the state of Delaware, and in no other court or jurisdiction. You hereby irrevocably and voluntarily submit to the jurisdiction of the state and federal courts sitting in the state of Delaware. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded from application to this Agreement.

Jury Trial and Class Action Waiver

YOU AND COMPANY EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

Miscellaneous Terms

“MyTULA,” “myTULA”. “LIVE TULA,” and our logos are trademarks of LIVE TULA, LLC. You agree not to display or use these trademarks in any manner without a prior, written permission from Tula.

Tula may assign this Agreement at any time to an affiliate, subsidiary, or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remaining provisions will be unaffected and remain in full force and effect.

Some of the treatment information provided through the Service is from third party sources. Every effort has been made to ensure that the information provided is accurate, up-to-date, and complete, but no guarantee is made to that effect. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.

These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Tula with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

For any questions or comments, or to report violations of this Agreement contact us at:

Live Tula, LLC

686 N Arbinger Way

STE 300

Farmington, UT 84025

(866)750-5742

support@mytula.com