Terms & Conditions

OVERVIEW OF THE SERVICES AND HEALTH DISCLAIMERS 

Kitt Bio has developed Services that are intended to improve human performance. No information provided through the Site or in connection with the Services is intended to be used for medical diagnosis or treatment. The Site and the Services are not intended to be a replacement for medical advice obtained from your medical providers. Any and all Services are for informational purposes only and/or entail only over-the-counter supplements or items that can be purchased and used without a physician’s prescription. Kitt Bio is not a medical professional, and Kitt Bio does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information, plans, programs, and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Site or in connection with the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. Only your treating provider(s) may diagnose and treat you. You acknowledge and agree that none of the information provided through the Site or in connection with the Services has the ability to diagnose, prescribe, or perform any tasks that constitute the practice of medicine or any other regulated health profession, including but not limited to allied health professions such as physical therapy, occupational therapy, dietetics, nutrition, or mental health counselling. You should consult your treating provider(s) before making any decisions based on information on the Site or the Services. You should not rely on any general information provided through the Site or the Services as professional medical advice. YOUR USE OF THE SITE OR THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE KITT BIO PARTIES (defined below). 

You are urged and advised to seek the advice of a physician or a medical professional with any questions you may have regarding your health before beginning any wellness or performance regimen, physical activities, or any other plans that may be referenced, discussed, or offered as part of the Services. If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it is especially urged to consult with your physician before using the Services. You represent to us (which representation shall be deemed to be made each time you use the Services), that you are not using the Services or participating in any of the activities offered by the Services for purposes of seeking medical attention. You further agree that, before using the Services, you shall consult your physician, particularly if you are at risk for problems resulting from exercise, supplements, or changes in your diet. If any information you receive or obtain from using the Services that is inconsistent with the medical advice from your physician, you should follow the advice of your physician. 

THE SITE AND THE SERVICES DO NOT MAKE ANY MEDICAL DIAGNOSES OR RECOMMEND ANY TREATMENTS. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD DIAL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE, ALTER YOUR USE OF A MEDICATION PRESCRIBED BY A DOCTOR, OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ ON THE SITE OR OTHERWISE RECEIVED IN CONNECTION WITH THE SERVICES. 

CHANGES TO THE SITE AND THESE TERMS  

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site and/or the Services. Without limiting the foregoing, we may modify, suspend, or discontinue the Site and/or any Services (or any part thereof) without notice at any time. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Services.  

In addition, we may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you or by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site and the Services constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.  

PRIVACY POLICY 

Information that you provide to us or that we collect about you through your access to and use of the Site and the Services is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms.  

AGE REQUIREMENTS 

No one under the age of 18 may access or use the Site or use or purchase the Services. By accessing or using, or attempting to access or use, the Site or the Services, and by purchasing any Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms. 

INTELLECTUAL PROPERTY 

The content and other materials displayed or made available on or through the Site and the Services, including, without limitation, text, information, data, content, alogorithms and algorithmically generated content, articles, photos, images, graphics, and illustrations (collectively, the “Content”), are protected by copyright and/or other intellectual property laws. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site and in connection with the Services, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, reverse engineer, or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content, or (ii) in a way that violates our or anyone else's rights. 

You understand and agree that we and/or our respective licensors own all rights, title, and interest in and to the Site, the Services, and the Content. You acknowledge and agree that the Content may constitute valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site, the Services, or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Kitt Bio and/or our respective licensors. 

By submitting suggestions, reviews, or other feedback regarding the Site or Services (“Feedback”), you agree that we and our licensors may use and share (with no obligation to do so) such Feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law or anyone's rights (including, without limitation, intellectual property rights). 

USER CONDUCT 

Except with our express prior written authorization, you may access and use the Site only in connection with your use of the Services and the Content as permitted herein and only for your personal, non-commercial use. Any other access to or use of the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.  

In accessing and using the Site, the Services, and any Content, you agree that you will comply with all applicable U.S. federal, U.S. state, U.S. local, and foreign laws, including, without limitation, copyright and other intellectual property laws, privacy laws, cyber harassment, anti-spam laws, export control laws, tax laws, and regulatory requirements. 

In addition, in accessing and using the Site, the Services, and the Content, you agree that you will NOT: 

USER DATA 

All documents, information, data, videos, images, reviews, testimonials, and other materials that you submit, upload, provide, or otherwise make available to us through the Site or in connection with the Services (collectively, “User Data”) are subject to these Terms. By submitting, uploading, providing, or otherwise making User Data available to us, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, create derivative works of, display, perform, and distribute User Data, in each case: (i) to enable us to provide the Site and the Services to you; (ii) to improve the Site and the Services and/or our other products and services, including training any AI (as defined below) functions used in the provision of the Site and the Services; (iii) to market and promote the Site and the Services; (iv) in connection with our promotional programs, including rewards and membership programs; (v) as expressly permitted with your consent; and (vi) as otherwise described in our Privacy Policy. As between you and Kitt Bio, you will retain ownership of all right, title, and interest in and to User Data as originally submitted, uploaded, provided, or otherwise made available to or through the Site and the Services.  

You represent and warrant that: (i) you either own User Data or have obtained and shall at all times maintain all necessary and/or legally required licenses, rights, consents, permissions, and authorizations to provide User Data to us as contemplated under these Terms and to otherwise grant the license rights granted herein; and (ii) you at all times have complied, and shall continue to comply, with all federal, state, local, and international laws and regulations, including data protection and privacy laws and regulations applicable to the collection, handling, processing, sharing, and/or storage of User Data. In the event of any breach of the foregoing warranties, we reserve the right, in our sole discretion and without any notice or liability to you, to delete, modify, refuse to store, or disable access to User Data and/or to cancel, suspend, withhold, or terminate your Account and/or your access to the Site and the Services.  

Notwithstanding anything herein to the contrary, you acknowledge and agree that Kitt Bio is free to use and disclose aggregated and/or anonymized measures of the Site’s and the Services’ usage and performance, and to reuse all general learning, knowledge, experience, know-how, works, and technologies (including ideas, concepts, processes, and techniques) related to the Site and/or the Services or acquired during the provision thereof (including that which it could have acquired providing the same or similar services to another user). You further acknowledge and agree that, in addition to the license rights granted to User Data above, Kitt Bio shall have the right to aggregate, anonymize, and/or otherwise de-identify any and all of your User Data (“De-Identified Data”). Subject to your ownership rights in User Data as stated in Section 7.1, Kitt Bio shall exclusively own all right, title, and interest in and to any and all De-Identified Data and may freely use De-Identified Data for any business purpose as determined in Kitt Bio’s sole discretion, including for purposes of: (i) conducting research and analytics; (ii) conducting marketing and promotional activities; (iii) selling such De-Identified Data to any hospitals, medical facilities, or any other entity for the purpose of conducting medical or other research; and (iv) improving and/or further developing the Site and the Services and/or developing, providing, and supporting any other products and services; provided, however, that Kitt Bio will not use or disclose De-Identified Data in any manner that identifies or is reasonably identifiable to you without first obtaining your prior written consent. 

COPYRIGHT INFRINGEMENT 

PROMOTIONAL OFFERS 

Kitt Bio may from time to time offer or make available promotional discounts, rebates, incentives, rewards, or similar offers (“Promotional Offers”). Participation in any Promotional Offer is voluntary. To request a Promotional Offer, you may be required to provide certain information (including, but not limited to, your name, contact information (including email address and mobile phone number), and other information about yourself) to Kitt Bio so that Kitt Bio can determine whether you are eligible to receive a Promotional Offer. By submitting your information to Kitt Bio, you hereby consent to Kitt Bio’s use of all information you submit to it in connection with its business operations, including for marketing purposes.  

After you submit your information, Kitt Bio will determine, in its sole discretion, whether you are eligible for a Promotional Offer and will determine, in its sole discretion, whether to offer a Promotional Offer to you. If Kitt Bio decides that you are eligible to receive a Promotional Offer and decides to offer you a Promotional Offer, then such Promotional Offer will be reflected in a communication sent to you by Kitt Bio, which shall constitute an offer. You can accept the Promotional Offer by following the instructions set out in the relevant Promotional Offer terms. 

Kitt Bio reserves the right, at any time and from time to time in its sole discretion, to modify, suspend, or cancel any Promotional Offer, in whole or in part, and/or any user’s participation at any time and for any reason, without prior notice and without incurring any liability of any kind. If any modification is unacceptable to you, your sole recourse is to terminate your participation. 

Promotional Offers may not be combined with other offers, discounts, or incentives, and Promotional Offers are non-transferable and cannot be resold. Promotional Offers are limited to one per user and, unless otherwise indicated, you may participate in each Promotional Offer only once. Any entitlement to receive any Promotional Offer is personal to you and is non-transferrable. You are solely responsible for the payment of any applicable tax or costs associated with the relevant Promotional Offer. All Promotional Offers are limited time offers. In addition to these Terms, all Promotional Offers are subject to Kitt Bio’s terms, conditions, and other requirements, including time-based and/or geographic limitations, stated in the relevant Promotional Offer communication and/or any additional terms as may be provided to you at the time of sign-up, redemption, or use. Additionally, all Promotional Offers are subject to these Terms. 

ACCOUNTS 

In order to use most aspects of the Site and the Services, you must register and maintain an active services account (“Account”). To set up an Account with us, you will be asked to provide certain information about yourself, such as your first and last name, email address, and mobile phone number. You must also create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account and keep all Account information current.  

You are responsible for maintaining the confidentiality of your username and password. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account. 

You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, mobile phone number, and billing information, so that we can complete your transactions and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Site and Content and/or suspension or termination of your Account. 

You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username, password, or Account without prior notice if we believe your username, password, or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse. 

ORDERING TERMS  

The Site enables you to manage and place orders for various of our Services (each, an “Order”). By placing an Order through the Site, you make a binding offer for a contract of sale with Kitt Bio. Your Order is not complete until we send you a message (via the Site, email, push notification, text message, or other means) confirming your Order. We reserve the right, without prior notice, to reject your offer, to refuse to accept an Order from you or any user, and/or to limit the purchase quantity on any Order. We do not guarantee the continued availability of any Services, and we reserve the right to offer and/or make reasonable substitutions of any out-of-stock Services. We may require additional verification of information prior to the confirmation or acceptance of any Order. Any promotions or other special offers posted on the Site or otherwise communicated to you are good only for the date(s) indicated and may be subject to additional terms and restrictions.  

You agree to pay the full amount of the prices or fees charged to you under each Order. You may choose to pay for your Order by credit card or any other payment method that may be supported by the Site from time to time. By placing an Order on the Site, you expressly authorize Kitt Bio, or a third-party payment processor on our behalf, to charge the method of payment that you have provided and to collect the full amount specified for the Services you purchase, including any applicable taxes, duties, fees, and delivery or related charges. We may calculate taxes payable by you (if any) based on the billing information that you have provided at the time of purchase. All purchases are subject to our Refund Policy.  

The processing of your payments will be subject to the terms, conditions, and privacy policies of our third-party payment processor. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your payment information. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.  

Unless expressly indicated otherwise, you are responsible for delivery charges, which will be displayed at checkout and may depend on variables such as Order value and delivery destinations and other options. We will not be responsible for loss of or damage to any Orders once deposited at the doorstep of the delivery address provided.  

While we strive to ensure that all product descriptions, information, inventory, and pricing on the Site are complete, accurate, and current, they may occasionally be inaccurate, incomplete, or outdated. All product descriptions, information, inventory, and pricing are subject to change at any time without notice. We make no representation or warranty as to the accuracy, completeness, or currency of any descriptions, information, inventory, or pricing on the Site.  

TERMINATION 

We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access to the Site, the Services, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) at the request of law enforcement, government agencies, or courts; (iii) if you ask us to close your Account; (iv) if we discontinue or materially modify the Site or the Services (or any part thereof); or (v) if we believe in our sole discretion that your access to or use of the Site, the Services, or your Account may create risk (including, but not limited to, legal risk) for us, our respective affiliates or contractual partners, or other users. Upon any termination, you will lose the right to access and use the Site and the Services and your Account will be closed. 

Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your Account, shall survive including, but not limited to, the “Content and Intellectual Property,” “Ordering Terms,” “Indemnification,” “Disclaimers,” “Limitation of Liability,” “Arbitration and Dispute Resolution Agreement,” and “Miscellaneous” sections of these Terms. 

THIRD-PARTY CONTENT  

SECURITY 

Kitt Bio takes such commercially reasonable measures as we deem appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Site. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username, password, or Account. 

You are responsible for obtaining the data network access necessary to access and use the Site and the Services. Your mobile or landline network's data and messaging rates and fees may apply when using the Site and the Services from a mobile and/or wireless-enabled device. You are responsible for acquiring and updating compatible hardware, software, or devices necessary to access and use the Site and the Services and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on or with any particular hardware, software, or device. The Site and the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

INDEMNIFICATION 

DISCLAIMERS 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. YOUR USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK. WITHOUT LIMITING ANY OF THE FOREGOING, THE KITT BIO PARTIES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (i) THE USE OF THE SITE AND/OR SERVICES WILL BE SECURE OR UNINTERRUPTED; (ii) THE SITE AND/OR SERVICES WILL OPERATE ERROR-FREE, OR THAT ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED; (iii) THE USE OF THE SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (iv) ANY CONTENT, INFORMATION, COMMUNICATION, OR STATEMENT PROVIDED THROUGH THE SITE AND/OR SERVICES IS OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; OR (v) THE SITE AND/OR SERVICES WILL BE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.  

YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS OF YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES. NO ORAL OR WRITTEN INFORMATION, COMMUNICATION, OR OTHER STATEMENT PROVIDED BY OR ON BEHALF OF THE KITT BIO PARTIES (WHETHER THROUGH THE SITE OR SERVICES OR OTHERWISE) WILL CONSTITUTE PERSONAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES OR CREATE A WARRANTY, CONDITION, OR REPRESENTATION OF ANY KIND. YOU SHOULD CONSULT WITH YOUR MEDICAL PROVIDERS AND/OR OTHER APPROPRIATE PROFESSIONAL(S) BEFORE TAKING ANY ACTION (OR REFRAINING FROM TAKING ANY ACTION) REGARDING YOUR MEDICAL CONDITION OR YOUR HEALTH GENERALLY. 

AI DISCLAIMER 

THE SITE AND CERTAIN SERVICES RELY ON TECHNOLOGY SOLUTIONS THAT ENABLE COMPUTERS, COMPUTER SYSTEMS, AND DIGITAL DEVICES TO PROCESS, CREATE, AND ENHANCE ALGORITHMS THAT LEARN, READ, WRITE, CATEGORIZE, CLASSIFY, PREDICT, ENGAGE, INTERACT, GENERATE, PLAY, ANALYZE, MAKE SUGGESTIONS, AND IMITATE WITH APPARENT ACCURACY AND/OR SUGGESTIVE SUPERIORITY, THE OUTPUT REPRESENTING THESE ACTIVITIES AS COMPARED TO HUMANS PERFORMING SIMILAR TASKS OR SERVICES BY ACCESSING AND PROCESSING AVAILABLE HISTORICAL AND CURRENT DATA AND RE-ITERATIVE PROCESSING FOR PURPOSES OF PRODUCING AND IMPROVING SUCH ACTIVITIES, OUTPUTS, AND APPARENCIES (“AI”). YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN YOU INTERACT WITH THE SITE AND THE SERVICES, YOU ARE INTERACTING WITH AI AND NOT A HUMAN. 

YOU ACKNOWLEDGE THAT INDUSTRY, REGULATORY, AND LEGAL STANDARDS THAT RELATE TO THE DEVELOPMENT AND USE OF AI ACROSS VARIOUS INDUSTRIES ARE IN VARIOUS STAGES OF DEVELOPMENT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF AI-BASED PRODUCTS AND SERVICES COMPLY WITH YOUR ASSESSMENT OF YOUR RISKS, OBJECTIVES, COMPLIANCE REQUIREMENTS, AND OTHER OBLIGATIONS RELATED TO THE USE OF AI. YOU AGREE TO FULLY INDEMNIFY AND HOLD THE KITT BIO PARTIES HARMLESS FROM AND AGAINST ANY AND ALL MATTERS RELATED TO YOUR USE OF AI WITHIN THE SITE AND THE SERVICES. 

YOU ACKNOWLEDGE THAT THE KITT BIO PARTIES ARE NOT RESPONSIBLE FOR YOUR RELIANCE ON AI-BASED PRODUCTS AND SERVICES, AND YOU WAIVE ALL CAUSES OF ACTION, CLAIMS, AND/OR POTENTIAL CLAIMS AGAINST THE KITT BIO PARTIES THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON ANY OF OUR AI-BASED PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT KITT BIO MAY IMMEDIATELY AND WITHOUT PRIOR NOTICE CEASE PROVIDING AI-BASED PRODUCTS AND SERVICES WITHOUT PENALTY OR FURTHER OBLIGATION TO YOU IF KITT BIO DETERMINES IN ITS SOLE DISCRETION THAT CONTINUED PROVISIONS OF SUCH AI-BASED PRODUCTS AND SERVICES MAY VIOLATE LAW OR POSE SIGNIFICANT LEGAL RISKS OR CONTRACTUAL LIABILITY TO THE KITT BIO PARTIES. 

THE OUTPUT GENERATED BY YOUR USE OF AND YOUR INTERACTION WITH AI MAY BE PRONE TO ERRORS OR UNINTENDED OR NON-RELEVANT RESPONSES. SUCH OUTPUT IS SUBJECT TO THE INTEGRITY OF THE UNDERLYING DATA AND INFORMATION ON WHICH OUR AI TECHNOLOGY IS BASED. AS SUCH, THE KITT BIO PARTIES DO NOT REPRESENT OR WARRANT THAT THE OUTPUT WILL ADDRESS ALL OR ANY OF YOUR REQUIREMENTS OR EXPECTATIONS CONSIDERED IN YOUR DECISION TO ENGAGE WITH THE SITE, AND THE KITT BIO PARTIES DO NOT REPRESENT OR WARRANT THE CONTENT GENERATED IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENT WITH THE SITE. 

NOTWITHSTANDING THE OWNERSHIP AND LICENSING RIGHTS SET FORTH IN SECTION 7 (“USER DATA”) ABOVE, KITT BIO SHALL BE THE EXCLUSIVE OWNER OF ALL AI-PRODUCED DATA, INFORMATION, AND LEARNING BYPRODUCTS THAT ARE BASED ON YOUR SPECIFIC INFORMATION INPUT. FOR AVOIDANCE OF DOUBT, AI-PRODUCED DATA, INFORMATION, AND LEARNING BYPRODUCTS INCLUDE, WITHOUT LIMITATION, NEW DATA SETS, DATA RELATIONSHIPS, PREDICTIVE FACTORS, GENERAL LEARNING, AND ALGORITHMS, AND ONLY THE DIRECT AND SPECIFIC RESPONSES AND/OR OUTPUT PRODUCED IN RESPONSE TO YOUR SPECIFIC REQUEST ARE EXCLUDED FROM AI-PRODUCED DATA, INFORMATION, AND LEARNING BYPRODUCTS. 

FOOD INFORMATION 

As part of the Services, Kitt Bio maintains food information that contains nutritional information represented by third parties, entered by third parties, or sourced from third party databases (the “Food Database”). Please be advised that nutritional information found in the Food Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. KITT BIO DOES NOT (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY NUTRITIONAL INFORMATION IN THE FOOD DATABASE; OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY SUCH NUTRITIONAL INFORMATION. UNDER NO CIRCUMSTANCES WILL KITT BIO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON NUTRITIONAL INFORMATION. You are solely responsible for ensuring that any nutritional information in the Food Database is accurate, complete and useful. Nutritional information in the Food Database may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of Kitt Bio. 

LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE KITT BIO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE KITT BIO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE, THE SERVICES, OR ANY CONTENT UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, SERVICES, AND ANY CONTENT, SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50) OR THE TOTAL AMOUNT PAID BY YOU TO KITT BIO IN THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. 

ARBITRATION AND DISPUTE RESOLUTION AGREEMENT 

You agree that any dispute, claim, or controversy between you and Kitt Bio arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or use of any Content (collectively, “Disputes”) will be resolved exclusively by binding arbitration between you and Kitt Bio, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 20 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.  

The arbitration shall be administered by the Judicial Arbitration & Mediation Services ("JAMS") and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this Section 20. 

To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. Kitt Bio will reimburse those fees for Disputes totaling less than $10,000 if you are the prevailing party in such arbitration. Kitt Bio will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a Dispute initiated by you is frivolous. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Newport Beach, California, unless the arbitrator determines or Kitt Bio agrees that the matter should proceed in the county or state where you reside. 

The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. You and Kitt Bio also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.  

EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS. 

MISCELLANEOUS 

These Terms and the Privacy Policy, and any additional written agreements entered into between you and Kitt Bio (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, Services, and Content. 

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. 

These Terms shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California. If for any reason a Dispute proceeds in court, you and Kitt Bio: (i) agree that any Dispute may only be instituted in a state or federal court located in Wilmington, Delaware; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. 

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.  

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof. 

Failure by Kitt Bio to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by acts of God, decisions or actions of any governmental or regulatory authorities (including changes to applicable law), riots, strikes, acts of war, civil unrest, epidemics, pandemics, fire, flood, weather, power or communication line failures, Internet failures, earthquakes or other disasters, or other similar causes.  

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid or unenforceable provision. 

We may provide to law enforcement authorities possible evidence of use of the Site, the Services, or any Content for illegal purposes. 

Discontinuation of use of the Site, the Services, and the Content is your sole right and remedy for any dissatisfaction with the Site, Services, or any of the Content. 

END USER TERMS REQUIRED BY APPLE 

With respect to access to or use of any of our mobile applications made available (including those made available through the Apple App Store) (an “App”), you acknowledge and agree that: (i) these Terms are between you and Kitt Bio, and not Apple, Inc. (“Apple”); (ii) Kitt Bio and its licensors, and not Apple, are solely responsible for the App, the Services, and the Content therein; (iii) Apple has no responsibility whatsoever to furnish any maintenance or support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the App, if applicable; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (vi) Apple is not responsible for any claims, losses, liabilities, damages, costs, or expenses (“Claims”) that you may have arising out of your use of the App, and you agree to contact Kitt Bio regarding any such Claims; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement, or discharge of any third-party claim that the App infringes such third party's intellectual property rights; and (viii) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) as a third-party beneficiary to enforce these Terms against you. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. 

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