Abiliquest Terms and Conditions of Use

Effective Date: May 12, 2024

Welcome to Abiliquest! These Terms and Conditions govern your use of our website and mobile application ("App") and aim to foster a positive and law-abiding user community. By accessing or using Abiliquest's Services, you agree to comply with these terms. If you do not agree, you may not use our Services.

Abiliquest, Inc. (referred to as "Abiliquest," "we," or "us") provides various health and wellness-related content and services through our website and App (collectively, the "Services").

Contact Us

Please feel free to contact us through our Support Team if you have any questions or suggestions related to these Terms or our Services.

1. Use of the Services and Your Account

1.1 Who Can Use the Services

You must be at least 18 years old to use the Abiliquest Services. No one under 18 may provide any Personal Data or submit information through the Services, including details such as name, address, phone number, or email.

1.2 Your Account

To access certain Services, you may need to create an Abiliquest account. It's essential to provide accurate information during registration and keep it updated, especially your email. If you forget your password, we may use your email to help you regain access.

You are responsible for maintaining the confidentiality of your account credentials and for all actions that occur under your account. In case of unauthorized use or security issues, contact our Support Team immediately.

If you are a resident of the European Union, you have the right to delete your account, along with any associated non-public Personal Data, by contacting our Support Team.

1.3 Service Updates, Changes, and Limitations

Our Services are continuously evolving, and as we introduce new features and updates, certain functions may change, and some Services may be modified or discontinued. We may update the Services with bug fixes, patches, or new features. To ensure proper functionality, it is important that you install any provided updates. By using Abiliquest, you consent to automatic updates. Abiliquest reserves the right to modify, limit, or suspend any part of the Services without prior notice or liability.

1.4 Service Monitoring and Suspension

Abiliquest reserves the right to monitor user activity on the Services and may terminate or suspend your account if we find any violation of these Terms, create legal risks, or encounter technical issues. We also reserve the right to refuse Services to anyone. If we suspend or terminate your account, we will attempt to notify you via email or when you next try to log in.

1.5 Security

If you believe your account has been compromised, please notify our Support Team immediately. While we take measures to protect your account and Personal Data, we cannot guarantee complete security. Abiliquest is not responsible for any unauthorized access resulting from security breaches.

2. Ownership and Use of Content

2.1 Definitions

"Content" refers to all information, data, and media made accessible through the Services, including text, images, audio, video, and more. "User-Generated Content" is created by you or other users, while "Abiliquest Content" is anything created by Abiliquest or its partners.

2.2 Ownership

You retain ownership of the Content you create, while Abiliquest retains ownership of any Content it creates. However, by using the Services, you grant Abiliquest a license to use, modify, and display your User-Generated Content as outlined in Section 2.5. Abiliquest Content, along with all related intellectual property rights, belongs solely to Abiliquest and/or its partners or third parties. Unless explicitly permitted, you may not duplicate, distribute, or create derivative works from Abiliquest Content.

2.3 Our License to You

Abiliquest grants you a limited, revocable, personal, non-transferable, and non-exclusive right to access and use the Services and Abiliquest Content solely for personal, non-commercial purposes. You are prohibited from copying, modifying, creating derivative works, reverse-engineering, selling, assigning, sublicensing, or commercially exploiting any aspect of the Services or Content without our explicit permission.

2.4 Acceptable Usage Guidelines

2.4.1 Abiliquest Content: You agree not to modify, lease, sell, or create derivative works from Abiliquest Content unless expressly permitted by law or by Abiliquest. Downloading or saving Content is allowed only for personal use or as provided by specific Services features.

2.4.2 Commercial Usage of the Services: The Services are for personal use only, unless specified otherwise (such as using Commercial Tools). Commercial use, such as selling products or increasing traffic for profit, requires prior written agreement from Abiliquest.

2.4.3 Linking to the Services If you wish to link to Abiliquest's Services, you must follow specific rules, including ensuring the link clearly identifies "Abiliquest" and does not imply sponsorship or affiliation without permission. We reserve the right to revoke linking permissions at any time.

2.5 Your License to Us

When you post User-Generated Content through the Abiliquest Services, it remains your property, but you grant us and our users a non-exclusive, royalty-free, worldwide license to use, store, modify, distribute, display, and create derivative works from your Content. This license allows Abiliquest to operate and improve its Services and provide functionality for users. We reserve the right to remove or modify User-Generated Content at any time. You must ensure you have the necessary rights to submit your Content and will be responsible for any violations of this agreement.

2.6 Spreading the Word

If you choose to refer a friend to Abiliquest, we may request their email or social media profile to invite them to use the Services. You must have their permission before sharing their contact information with us. You represent that you are authorized to provide this information and agree to indemnify us for any issues that arise from the referral.

2.7 Content Retention

Even if you remove your Content or delete your account, Abiliquest may retain your User-Generated Content for backup or archival purposes. Additionally, Content shared publicly may continue to exist through other users' interactions. For more details, see our Privacy Policy.

3. Community Guidelines

3.1 Interactive Areas

Some Abiliquest Services include features like forums, blogs, or discussion pages where users can share content and interact. Any content you post in these public areas becomes visible to others, and you are solely responsible for your actions and interactions. Abiliquest may monitor these areas but is not obligated to. You are responsible for ensuring your content is appropriate and for resolving any disputes with other users. Abiliquest disclaims liability for any damages resulting from user interactions.

3.2 Community Guidelines

Abiliquest strives to provide a safe, supportive environment for all users. By using the Services, you agree not to post inappropriate content, harass others, send spam, or violate intellectual property rights. Our Community Guidelines are designed to ensure responsible use, and violations may result in account termination or legal consequences. You are responsible for following these guidelines to maintain a positive community experience:

• No Inappropriate Content: Don't post content that harasses, threatens, or demeans others based on characteristics such as sex, gender, age, ethnicity, religion, or sexual orientation. Avoid offensive, obscene, or hateful content.
• No Hijacking, Trolling, or Flame-baiting: Stay on-topic in forums and avoid provoking conflicts.
• No Unsafe Weight-Loss Techniques or Eating Disorders: Content promoting unhealthy behaviors, extreme diets, or eating disorders is prohibited.
• No Harm to Minors: Don't harm or exploit minors.
• No Disruptions, Exploits, or Abuse: Avoid disrupting the Services through unauthorized access, exploitation, or abuse of resources.
• No Spam or Illegal Content: Don't send spam or promote illegal activities.
• No Soliciting Personal Data: Avoid sharing or soliciting personal data.
• No Public Posting of Private Conversations: Don't publicly post emails or private messages from other users or administrators.
• No Breach of Legal Duty: Don't post content that violates any legal obligation or contract with a third party.
• No Deceptive or Fraudulent Links: Ensure all links are accurate and not misleading.
• No Intellectual Property Infringement: Respect others' intellectual property rights.
• No Impersonation: Don't deceive or impersonate others, including Abiliquest staff.
• No Automated Queries: Don't use automated tools to query our systems.
• Other Objectionable Content: Avoid posting anything that may harm or damage Abiliquest's reputation or services.

3.3 Reporting Objectionable User-Generated Content

While we strive to ensure a safe and respectful community, there may be instances where inappropriate content slips through. If you encounter content that violates our Community Guidelines, please report it to our Support Team. Although we have the right to review and take action, we cannot guarantee the removal of all inappropriate content. You may be exposed to objectionable content, and we are not liable for any harm resulting from such content or other users' actions.

4. Intellectual Property/DMCA

Abiliquest respects intellectual property laws. If you believe any User-Generated Content or Abiliquest Content infringes on copyrights or trademarks, please notify us immediately at support@abiliquest.com.

To file a claim, provide details such as: the material being infringed, the allegedly infringing material, your contact information, a statement of good faith belief, and a signed statement confirming your authority to act on behalf of the owner. Incomplete notices may not be valid.

5. Third Party Links and Services

Our Services may integrate with third-party platforms like social media or devices. When using these platforms, their terms and privacy policies apply.

5.1 Social Networking and Logins

You may log in via third-party Social Networking Services, which may provide us access to certain data you shared with them. The use of such data is governed by our Privacy Policy, but the third-party services' privacy practices are outside of our control.

5.2 Third-Party Applications

Our Services may link to third-party applications. Any interaction with these is at your own risk, and Abiliquest holds no responsibility for the accuracy, availability, or reliability of third-party content.

5.3 Third Party Products

Our Services may require third-party products (e.g., fitness trackers). We do not take responsibility for any issues related to your acquisition or use of these products, nor do we guarantee that they will function without error when used with our Services.

6. Mobile Services

6.1 Wireless Carrier and Device Considerations

You need a compatible device to access our App, and standard messaging or data fees may apply.

6.2 Mobile Application License

We grant you a non-transferable, revocable license to use the App for personal, lawful purposes. Some open-source components may also apply under separate licenses.

6.3 App Stores

If you download the Abiliquest App from a third-party app store (the "App Provider"), you agree that these Terms are solely between you and Abiliquest, not the App Provider. The App Provider has no obligation to maintain or support the App. Any issues related to the App, including warranty claims, are Abiliquest's responsibility. You must also comply with any third-party terms when using the App, and the App Provider may enforce these Terms as a third-party beneficiary.

7. Paid Services

If you choose to subscribe to any of our premium offerings, such as Premium Subscriptions, these are the billing terms that apply. Premium Services may automatically renew unless canceled, and you can cancel at any time.

7.1 Payment Terms

By subscribing to Premium Services, you agree to pay the associated fees, which will be charged to your designated payment method. Payments are typically billed in advance on a monthly or annual basis, and subscriptions will auto-renew unless canceled. All purchases are final and non-refundable, unless stated otherwise.

7.2 Termination or Cancellation of Premium Services

If you fail to pay for Premium Services, we may disable or terminate your access without notice. You may cancel the Premium Services at any time, but cancellation will take effect at the end of your current billing cycle. No refunds will be provided for cancellations. It's your responsibility to cancel if you no longer wish to continue the subscription.

7.3 Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.

7.4 Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to a Premium Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to Abiliquest and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium Services, and to accounts not already subscribed to Premium Services. Discount, coupon and gift codes cannot be combined with any other sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Service before the end of a free or discounted period if you do not want to continue with a Premium Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Service, coupon validity dates, and/or purchase quantities. Abiliquest reserves the right to cancel discounts and coupon promotions at any time.

7.5 Free Trials

Abiliquest may offer Free Trials for Premium Services. To sign up, you may need to provide a Payment Method. If you don't cancel before the Free Trial ends, you will be charged for the Premium Service. It's your responsibility to know when the trial ends, as charges are non-refundable. You can cancel anytime during the Free Trial, but access may be lost immediately or at the end of the trial period. Free Trial features may change, and multiple trials are not allowed simultaneously.

8. Fitness and Wellness Activities and Dietary Guidance

8.1 Safety First

Abiliquest prioritizes your safety. You should consult with your healthcare provider before using our Services in connection with any fitness, wellness, or dietary programs ("Programs"). By using the Services, you represent and warrant that you've received consent from your physician to participate in any related activities. Participation in the Programs is at your own risk, and you knowingly assume all associated risks. Even those in good health may face potential risks when engaging in such activities.

You expressly agree that your athletic activities, which may generate User-Generated Content (e.g., workouts, exercises), carry inherent risks of property damage, bodily injury, or death. You voluntarily assume all known and unknown risks associated with these activities.

Except as outlined in these Terms, and to the maximum extent permitted by law, Abiliquest is not liable for any injury, illness, or damages resulting from your use or inability to use the Services, even if caused by negligence or action by Abiliquest or others.

8.2 Disclaimer Regarding Accuracy and Reliance on Content

We make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we do not commit to update such Content.

User-Generated Content, which includes advice, statements, or other information related to fitness, nutrition, or wellness, is not produced by Abiliquest and should not be relied on without independent verification. Any User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom it originated. All information is provided "as is" without any representation, warranty, or condition as to its accuracy or reliability.

In particular, Abiliquest's nutritional database (referred to as "Food Database") consists of a combination of nutritional information entered by users and Abiliquest. Any user can contribute to or edit the nutritional information in the Food Database. Please be aware that nutritional information in the Food Database has not been reviewed by professionals with the necessary expertise to provide complete, accurate, or reliable information. Abiliquest does not guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the Food Database, nor do we endorse or accept responsibility for the accuracy or reliability of any such nutritional information.

To the fullest extent permitted by law, Abiliquest is not responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for verifying the accuracy of any nutritional information in the Food Database.

Furthermore, not all users who claim to be professional trainers or licensed dietitians are verified or licensed across all jurisdictions. Abiliquest does not verify the qualifications of users who present themselves as licensed professionals. If you claim to be a licensed trainer or dietitian, you represent and warrant that you hold the relevant qualifications for the services you offer within the applicable jurisdiction. It is important to bear in mind that if a user holds a license in one jurisdiction, it does not guarantee that they are licensed in other regions.

Accordingly, relying on any advice provided by other users is at your own risk. To the maximum extent permitted by law, Abiliquest is not liable for any loss or damage resulting from reliance on information or advice provided by any user through our Services.

8.3 Not Medical Advice

Any services provided by or through the Abiliquest platform, including all content, are for informational purposes only. Abiliquest is not a medical professional, and no information on the platform should be considered medical advice or a medical diagnosis. The content or reports generated by Abiliquest are not substitutes for physician consultation, evaluation, or treatment, and should not be used to make medical decisions or to diagnose or treat any health condition.

Your use of the services does not create a doctor-patient relationship between you and Abiliquest. For any health-related concerns, including dietary programs, fitness regimens, or wellness activities, it is essential to seek advice from a physician or a qualified medical professional. If you are under treatment for a health condition, taking prescribed medication, or following a therapeutic diet, you must consult with your physician before using Abiliquest's services.

Abiliquest's Premium Services, which provide coaching and guidance on fitness regimens and meal planning, do not constitute medical or health services. These plans do not diagnose, treat, or offer advice for any health conditions. They are not substitutes for licensed medical care, and no physician-patient relationship is established through interactions with these plans. You are solely responsible for consulting healthcare professionals about health conditions or illnesses and ensuring that any fitness or dietary changes align with medical advice.

8.4 Success Stories Not Typical

Success stories or testimonials shared by users or Abiliquest on the Services may not reflect typical outcomes. These stories may not represent accurate or realistic results from any specific fitness activity, wellness plan, or dietary regimen. To the extent allowed by law, Abiliquest assumes no obligation or liability for the accuracy, reliability, or effectiveness of any fitness or dietary recommendations shared in success stories.

8.5 Accuracy

The Services aim to support your fitness and wellness goals by providing information. Some Services, such as Activity Tracking Services, rely on sensors and GPS technology to monitor your movements or rest, including steps, distance, and sleep activity. While these Services strive to be accurate, the data may not always be precise. By using these features, you acknowledge that Abiliquest is not liable for any inaccuracies in the data provided by these tracking services.

If you reside in New Jersey or the Netherlands, nothing in these Terms limits or excludes liability for losses or damages caused by Abiliquest's own fraud, recklessness, gross negligence, or willful misconduct.

9. Modifications to the Terms

As the Services evolve, we may need to make changes to these Terms.

Updates to these Terms

We reserve the right to modify these Terms by:
(i) Posting revised Terms through the Services, or
(ii) Providing advance notice to you of material changes, typically through email or notifications via the Services.
Changes will not apply retroactively unless required by law.

In some cases, we may ask you to review and explicitly agree to the new Terms. If you do not agree with any changes, you must discontinue your use of the Services. Continuing to use the Services after modifications constitutes your acceptance of the changes.

10. No Warranties

EXCEPT WHERE PROHIBITED BY LAW, ABILIQUEST DISCLAIMS ALL WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." We do not guarantee the accuracy, reliability, or availability of the Services, nor that the Services will be uninterrupted, error-free, or free of harmful elements. All use of the Services is at your sole risk. Any advice does not constitute a warranty.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Abiliquest and its affiliates will not be held responsible for any indirect, incidental, special, exemplary, punitive, or consequential damages of any kind. This includes loss of profits, revenue, data, goodwill, or any intangible losses resulting from your access to or inability to access the Services. We will also not be liable for damages relating to any conduct or content of third parties or users, or any third-party products accessed through our Services.

In particular, we are not liable for any claims arising from:

• Your use of the Services,
• Use, disclosure, or display of your Personal Data,
• Any interactions with other users or any other third-party services or content,
• Content, information, services, or goods provided through or advertised on the Services, or any links provided in connection with the Services.

Our liability, in any case, is limited to the greater of either $100 or the total amount you paid to use our Services in the preceding 12 months.

By using our Services, you agree that this limitation of liability represents a reasonable and fair allocation of risk. It forms a crucial basis for the agreement between us, allowing us to offer the Services at reasonable prices.

California residents: You waive your rights under California Civil Code Section 1542, which states that "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

New Jersey residents: Notwithstanding the above, nothing in these Terms excludes our liability for damages or losses caused by Abiliquest's gross negligence, recklessness, fraud, or willful misconduct.

For residents of France and all non-European Union locations: These Terms shall be governed by and construed in accordance with the laws of Versailles, France, and the controlling French legal provisions, without regard to its conflict of law principles.

For residents of the European Union: These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

12. Disputes and Arbitration, Class Action Waiver, Jurisdiction and Venue

If you are a resident of the United States:

Arbitration Agreement

YOU AND ABILIQUEST AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (A "DISPUTE") TO BINDING ARBITRATION. To the maximum extent permitted by applicable law, you and Abiliquest agree that any disputes arising out of or related to your use of the Services (a "Dispute") will be resolved by binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which governs the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). In arbitration, disputes are resolved by a neutral arbitrator instead of a judge or jury, with limited discovery, and the arbitrator's decision is subject to limited court review. The arbitrator can award the same relief on an individual basis as a court. Judgment on the arbitrator's award may be entered in any court with jurisdiction. All dispute resolution will be conducted individually, not as a class, consolidated, or representative action. You and Abiliquest agree to the personal and exclusive arbitration of disputes relating to your use of the Services under the American Arbitration Association's Consumer Arbitration Rules. Visit www.adr.org for more information.

Any arbitration between you and Abiliquest will be conducted remotely as provided below.

The arbitration will be in English, conducted by a single independent and impartial arbitrator appointed under American Arbitration Association rules. The arbitrator will decide all issues related to the enforceability, interpretation, and application of this Arbitration Agreement and these Terms, with a court resolving the validity of the class action waiver. The term "Dispute" and the requirement to arbitrate will be interpreted broadly.

Both parties agree to the following rules to streamline the process:

• The arbitration will be conducted by telephone, online, or through written submissions as chosen by the initiating party.
• No personal appearance will be required unless agreed to in writing.
• Any judgment on the arbitrator's award may be entered in a court of competent jurisdiction.

The arbitrator will issue a decision within 120 days from appointment, with a possible 30-day extension. All proceedings will be confidential, and the award will be in writing.

You acknowledge and understand that:

• You are waiving your right to a jury trial.
• You are waiving your right to participate in any class action or representative lawsuit.
• You must file any claim within one (1) year after it arises or it is barred.

Fees for arbitration will follow the American Arbitration Association's rules. Abiliquest will reimburse you for fees up to $500 unless the arbitrator finds your claims frivolous. Abiliquest will not seek attorneys' fees unless your claims are deemed frivolous.

Opt-Out Provision: You may opt out of this Arbitration Agreement within 30 days of agreeing to these Terms by emailing legal@abiliquest.com with your opt-out notice, including your name, address, and email address. Failure to opt out will result in this Arbitration Agreement applying.

If this arbitration provision is found void, disputes will be under the jurisdiction of state and federal courts in France. You and Abiliquest waive the right to a jury trial and agree that disputes will proceed on an individual, non-class basis.

This Arbitration Agreement does not prevent seeking provisional remedies in court or for intellectual property disputes.

If you are a resident of the European Union:

You have the right to submit complaints through the EU Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr. You may also file disputes in the local courts of your domicile, or the courts in France.

For residents of Finland, Denmark, and South Korea, specific consumer protection avenues are also available based on your location's regulations.

13. International Terms

If you access our Services from outside of France, you agree to the transfer of certain information, including your Personal Data, to France or other countries where Abiliquest operates. You are responsible for complying with local laws in your location, including any restrictions on the use of services from France.

The names for countries or regions used in these Terms, the Privacy Policy, and related documents are based on the United Nations Terminology Database.

For residents of the European Union, Hong Kong, Russia, New Zealand, South Korea: Specific consumer protection and liability regulations may apply under local laws, and certain limitations in these Terms may not apply to you, especially regarding liability for fraudulent misrepresentation or personal injury caused by negligence.

For residents of New Zealand: Nothing in these Terms overrides your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

For residents of Germany, France, Austria, Finland: Phrases like "to the maximum extent permitted by law" are void and have no effect.

For residents of Japan: Consumer protections under the Consumer Contract Act apply, and no provisions in these Terms limit your rights as a consumer.

For residents of South Korea: Changes to these Terms will be announced on the Abiliquest website before they take effect. If you do not reject the changes after a reasonable time, you are considered to have accepted them.

14. Survival

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Sections 2 (Ownership and Use of Content), 8 (Fitness and Wellness Activities and Dietary Guidance), 9 (Modifications to the Terms), 10 (No Warranties), 11 (Limitations of Liability), 12 (Disputes and Arbitration, Jurisdiction and Venue), and 14 (Survival).

15. Miscellaneous

You agree that these Terms do not create a joint venture, partnership, employment, or agency relationship between you and Abiliquest. These Terms constitute the entire agreement between us concerning your use of the Services.

Failure to enforce any right or provision does not constitute a waiver. If any provision is found invalid, the rest remain in effect.

You cannot transfer your account or obligations without our written consent. We may assign our rights and delegate duties.

16. Contact Us

For feedback or inquiries, contact us at: support@abiliquest.com

Please note that our support services may be subject to certain limitations or availability based on factors such as geographic location and business hours.

Thank you for choosing Abiliquest. We value your feedback and look forward to assisting you.

Last Updated: May 12, 2024