Limitless – Terms of Service

Abbreviated Version

The following key points of these Terms of Service are brought for your convenience only. They do not substitute the full Terms which are presented below.

The Service. Limitless is an online application and service that studies the patterns and characteristics of your activities, food, and sleep by collecting data through a wearable device such as a Garmin, Fitbit, or Apple Watch. Limitless then utilizes AI to make recommendations to help you hit your personal goals. It is owned, developed, and operated by Life360 Biologics Inc.

We Provide No Medical Advice and Treatment. The Service is not and is not intended as a substitute for qualified professional advice, guidance, counseling, or treatment. You should only use the Service at the advice of a qualified health care professional. IN CASE OF A MEDICAL EMERGENCY CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.

Age Restriction. You must be 18 years of age or older in order to use this Service.

Privacy. We respect your privacy as further explained in our Privacy Policy.

Cell Plan Charges. If you configure your smartphone to connect to the Internet via the cellular network (rather than via WiFi), the Service’s data transmission to our cloud servers will take place over the cellular network. You will be charged for this Internet connection by your cellular provider in accordance with your cellular plan.

Prohibited Use. You may not use the Service in any manner that violates applicable law or is objectionable or harmful to us or others.

Intellectual Property. All legal rights in the Service, including all intellectual property rights, belong to Life360 Biologics Inc. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs, and business practices.

Limitation of Liability. The Limitless app is provided on an “as is” and “as available” basis. We disclaim all warranties and representations regarding the app’s performance, functionality, or reliability. To the maximum extent permitted by applicable law, we, along with our affiliates, partners, and anyone acting on our behalf, shall not be liable for any direct, indirect, incidental, consequential, or other damages or losses arising from your use of or inability to use the Limitless app.

Indemnity. You agree to indemnify us in case of a third party claim in connection with your breach of these Terms or infringement or violation of any other person’s rights (including privacy).

Governing Law & Dispute Resolution. USE OF THE SERVICE IS GOVERNED BY THE LAWS OF THE STATE OF DELAWARE. MOST DISPUTES BETWEEN US WILL BE DECIDED IN ARBITRATION. YOU CAN OPT OUT OF ARBITRATION IN ACCORDANCE WITH THE TERMS OUTLINED BELOW, IN WHICH CASE DISPUTES WILL BE DECIDED IN COURT.

Extended Version

Welcome to Limitless, a mobile application and service (the “Service” or “Platform”) that studies the patterns and characteristics of your activities, food, and sleep by collecting data through a wearable device such as a garmin, fitbit, or apple watch. Limitless then utilizes AI to make recommendations to help accomplish the user’s personal goals.

This application is owned, developed and operated by Life360 Biologics, Inc.

Please read the following Terms of Service (the “Terms”) carefully. By signing up to, accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.

Use of the Service may be subject to additional terms and conditions that govern the use of application marketplaces. You alone are responsible for complying with such additional terms and conditions.

Service, Features, & Pricing

Limitless provides users with a personalized health experience by monitoring core wellness information from wearable devices, including continuous glucose monitors to provide personalized data/suggestions to individuals by utilizing AI. Providers can use this app to monitor their clients/patients remotely through a backend portal to enhance their services.

Users are able to choose between a monthly or yearly auto-renewable subscription that gives them access to the following features:

Track sleep, fitness, and other key metrics through your wearable
Food tracker with AI recognition using video/photos
Receive macro & calorie recommendations to hit weight targets
Provider access through backend portal for more frequent monitoring and communication.

Pricing (will auto-renew unless canceled):

$14.99 per month
$99 per year

DISCLAIMER; AGE RESTRICTION

The Service is not, and is not intended as, a substitute for qualified professional advice, guidance, counseling or treatment. You should only use the Service at the advice of a qualified health care professional. IN CASE OF A MEDICAL EMERGENCY, CONTACT YOUR LOCAL MEDICAL EMERGENCY DISPATCH CENTER IMMEDIATELY.

You must be 18 years of age or older in order to use this Service. If you are under the age of 18 you may not sign up to the Service or use it in any way.

REGISTRATION

Information you Provide. The Service is available only to registered users and requires registration of a personal account.

Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and you may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.

False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

Additional Information. We reserve the right to request additional information to verify your identity, during the registration process or throughout your use of the Service.

LICENSE AND USE

Right to Access the Service. Subject to these Terms, you may access and use the Service through our mobile application and Device, on a worldwide, non-exclusive, non-transferable, and non-sublicensable basis, strictly to study the patterns and characteristics of your activities, food intake, and sleep by collecting your wearable’s data.

Use instructions. The app offers on-screen instructions and videos which explain how to correctly use the Service. You initially need to pair a wearable device with the app before accurate AI recommendations can be made. During the study, the Service’s smartphone app collects data from the Device via Bluetooth. The compiled data is uploaded via WiFi or cellular network signal to Life360 Biologics, Inc. cloud to be further evaluated, processed and utilized to help the user’s practitioner make health recommendations.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated into these Terms, explains our privacy practices.

USE OF THE SERVICE

Prohibited use. When using the Service, you must refrain from –

Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, data protection defamation, spam and copyright;
Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service’s functionality;
Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
Collecting, harvesting, obtaining or processing personal information regarding the Service’s other users;

INTELLECTUAL PROPERTY

Our Intellectual Property. All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith are the exclusive property of Life360 Biologics, LLC and its licensors. This includes the Service’s design, graphics, computer code, “look and feel” and Life360 Biologics Inc domain names.

Restrictions. You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or any part thereof, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill

Confidentiality. The Service consists of our trade secrets, which include practices, processes and designs, not generally known or reasonably ascertainable by others by which we obtain an economic advantage over others. You must maintain in confidence information you are exposed to through your use of the Service relating to its operation, functionality, features, designs and business practices. You must do so in a manner no less protective than you use to protect our own similar assets, but in no event less than reasonable care. You must not use or disclose that information for any purpose other than within your utilization of Service.

NO SUPPORT AND MAINTENANCE

We may, but are not obligated to, provide you technical support for technical questions, problems and inquiries regarding the Service. You should contact your medical practitioner or other provider for support.

TERMINATION

Terminating Your Account. You may, at any time, request to terminate your account by contacting support@life360.bio. Please note that merely uninstalling the smartphone app from your smartphone device won’t delete your account.

We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.

Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service, and we will not be liable to you for termination of access to the Service.

Operation of the Service. We may at any time discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users.

Changes

Changing the Service. We may, at any time and without prior notice, change the layout, design, scope or features of the Service, but we will not materially downgrade the Service’s functionalities and features.

Changing these Terms. We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF SERVICE WARRANTY

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS; (4) THE DATA PRESENTED THROUGH THE SERVICE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE PLATFORM, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON DATA AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR DATA ON THE SERVICE.

NOTHING HEREIN SHALL LIMIT OUR LIABILITY FOR (A) WILLFUL MISCONDUCT, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

In furtherance of the intentions set forth above, each of the parties acknowledges that it is familiar with Section 1542 of the Civil Code of the State of Delaware, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

You waive and relinquish any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of Delaware (or other similar law or rule of another state or jurisdiction) to the full extent necessary to achieve the intention of the foregoing limitations and caps of liability. In furtherance of this intention, the limitations of liability above will be and remain in effect notwithstanding the discovery or existence of any such additional or different claim or fact.

Indemnification

To the maximum extent permitted by law, you will indemnify, defend, and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service, your breach of these Terms or infringement or violation of any other person’s rights (including privacy).

Application Marketplace

Your use of the Service may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded the App, such as AppStore, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the Platform’s smartphone application (“App”).

The following terms apply if you downloaded an App from Apple’s App Store. You and we agree and acknowledge as follows:

These Terms are concluded between yourself and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).

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. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law, jurisdiction and dispute resolution

Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Delaware, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Delaware.

ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND LIFE360 BIOLOGICS INC REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG).

JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.

THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

YOU AND LIFE360 BIOLOGICS, INC HEREBY ACKNOWLEDGE, AGREE AND COVENANT THAT ANY DISPUTES SHALL ONLY BE ADJUDICATED IN ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS.

YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO SUPPORT@LIFE360.BIO, WITHIN 10 DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS IN LOS ANGELES COUNTY IN THE STATE OF DELAWARE, USA.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY FILE: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION; (B) IN ANY COURT OF COMPETENT JURISDICTION A CLAIM CONCERNING THE INFRINGEMENT (OR ALLEGED INFRINGEMENT) OF INTELLECTUAL PROPERTY RIGHTS (INCLUDING COPYRIGHTS AND TRADE SECRETS).

General

Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of a sale, merger, or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party, and we will be released from all rights, performances, duties, liabilities and obligations contained herein.

Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

Survival. The following clauses in these Terms will survive any termination or expiration of the Terms: Currency and Taxes; No Refunds; Our Intellectual Property; Restrictions; Confidentiality; Disclaimer of Warranty; Limitation of Liability; Indemnification; Governing Law, Jurisdiction and Dispute Resolution.

Waivers. Except as indicated in “Changing these Terms” above, no other waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at support@life360.bio.

Effective Date: August 1st, 2024.

Terms and Conditions