MetaFlow Ltd., a corporation organized under the laws of Israel (“Meta Flow”, “we”, “our”, "us" or the “Company”) welcomes you (the“User(s)”and“you”) to the MetaFlow website located at lumen.me (the "Website"), to your use of the Lumen Device (the "Lumen Device"), and to the Lumen mobile and online platforms (the “Lumen App”), through which Users who are Subscribers (as defined below) can access the services the Company offers through use of the Lumen Device (“Lumen Services”), consisting of food, lifestyle and wellness suggestions based on the User’s day to day life, preferences, activities, sleep habits, and real-time assessment of carbohydrate availability and metabolic fuel use as measured via use of MetaFlow’s Lumen Device (collectively, the Website, the Lumen Device, the Lumen App and the Lumen Services, shall together be referred to hereunder as the “Services”). You may use the Services solely in accordance with the terms and conditions hereunder.
PRIOR TO ANY USE OF OR ACCESS TO THE SERVICES YOU HEREBY DECLARE THAT YOU ARE NOT AWARE OF, HAVE NOT BEEN DIAGNOSED WITH, AND DO NOT SUFFER FROM ANY HEALTH IMPAIRMENT, NOR ARE YOU BEING TREATED FOR ANY ILLNESS, DISEASE, DEFICIT, DISORDER, OR CONDITION THAT MAY CAUSE YOU HARM IF YOU USE THE SERVICES TO ADJUST YOUR DIET, EXERCISE PLANS, OR OTHER LIFESTYLE DECISIONS BASED ON THE SERVICES. THE SERVICES, INCLUDING ANY INFORMATION, DATA OR ANALYSIS GENERATED, PROVIDED OR CONCLUDED FROM THE USE OF THE SERVICES, ARE NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT, NOR ARE THE SERVICES INTENDED AS A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. PLEASE CONSULT A DOCTOR OR OTHER PROFESSIONAL HEALTHCARE PROVIDER PRIOR TO STARTING ANY NEW OR CHANGED DIET OR EXERCISE PROGRAM. ANY AND ALL INFORMATION PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AND/OR TAKE ANY SUGGESTIONS PROVIDED BY THE SERVICES AS A SUBSTITUTE FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE SERVICES OR ANY PART THEREOF IN ANY MANNER.
By acceptance of the Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited. You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Website. You may revoke your consent to any individually targeted communications at any time by contacting us at the email address listed below in Section 24.
2. Use by Minors
Our Services are not structured to attract persons under the age of 18 years. If you are under 18 years of age, please do not visit or use the Website or App or the Lumen Device without the guidance and supervision of your parent or legal guardian who registered to the Services on your behalf.
TO USE THE SERVICES AND OPEN A USER ACCOUNT YOU MUST BE OVER THE AGE OF EIGHTEEN (18). If you are under 18 years old, then your parent or legal guardian must read, understand and accept Terms with respect to your use of the Services prior to any such use.
In no event may a person under the age of 16 years old use any of the Services.
3. The Services
The Services consist of personalized suggestions to Users of nutrition and fitness plans (“Suggestions”) based on (i) certain User Metabolic Data (as defined below), as indicated from the User’s proper use of the Lumen Device; and (ii) the User’s input of User’s Physical Information (as defined below) (collectively, the “Personal Physical Profile”). The Services are made available through the use of the Lumen Device which is a Meta Flow proprietary digital breath analyzer apparatus, that measures and analyzes a User’s real-time metabolic data, including but not limited to Lung Capacity, Inspiratory Capacity, Exhale volume, Co2 (“Metabolic Data”). NOT MEDICAL ADVICE OR HEALTH CARE SERVICES: META FLOW DOES NOT DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE, NOR DOES IT PROVIDE ANY PROFESSIONAL HEALTH RELATED ADVICE OR ANY MEDICAL DIAGNOSES. THE SERVICES ARE PROVIDED “AS IS.” META FLOW HAS NO LIABILITY WHATSOEVER WITH RESPECT TO THE INFORMATION AND SUGGESTIONS PROVIDED, GENERATED, OR CONCLUDED IN CONNECTION WITH THE USE OF THE SERVICES. ANY INFORMATION GENERATED, PROVIDED OR CONCLUDED USING THE SERVICES IS DEPENDENT ON THE ACCURACY AND RELIABILITY OF INFORMATION ENTERED AND UPLOADED BY YOU. YOU AGREE THAT META FLOW IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE SERVICES, AND THE RELIANCE ON ANY INFORMATION OR SUGGESTION PROVIDED THEREBY, BY YOU OR ANY OTHER USER. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, META FLOW DOES NOT IN ANY WAY ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN WHOLLY OR PARTIALLY IN RELIANCE ON THE SERVICES OR ANY INFORMATION CONVEYED VIA THE SERVICES, OR OBTAINED THEREFROM, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICE OR USE THEREOF. THE LUMEN DEVICE IS NOT AN INSTRUMENT, APPARATUS, IMPLEMENT, MACHINE OR CONTRIVANCE, OR OTHER SIMILAR OR RELATED ARTICLE, INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY. ANY DECISION OR ACTION YOU TAKE BASED ON ANY OUTPUT AND/OR INFORMATION PROVIDED VIA USE OF THE LUMEN DEVICE IS TAKEN AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE LUMEN DEVICE ARE ENTIRELY AT YOUR OWN RISK.
4. Registration and User Account
In order to use the Services and the Lumen Device, you first must register and open a User account on the App and/or the Website (the “Account”). Registration must be completed by providing Meta Flow with registration information required by Meta Flow which may be comprised of: your name, photograph, phone number, e-mail address, date of birth, gender, and other demographic information. You shall provide accurate, complete and up-to-date information in connection with the use of the Services. You may, at your option, use your Facebook account to provide us with your registration information, and we will rely on the accuracy of the information provided to us by Facebook, and you acknowledge that any information you may as a result disclose to Facebook about your use of the Services is at your choice and we accept no responsibility for how Facebook may choose to use or protect that information. Please refer to your Facebook privacy policies if you have any questions about Facebook’s privacy practices.
During the registration process, you will be required to choose a password and username for your Account. You are solely and fully responsible for maintaining the confidentiality of the login credentials (e- mail, username and password) of your Account and for all activities that occur under your Account.
You agree not to disclose your login credentials to any third party other than a medical provider or your personal caretaker, and you are responsible for any use or misuse by any third party if you do choose to disclose these credentials to the third party. If you forget your password, you can request through the Services to have a new password issued and sent to your registered-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to temporarily suspend or permanently terminate your Account if we determine that you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account or login credentials or any other breach of security to which you become aware. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You shall be liable for the losses of Meta Flow and/or others due to any such use.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. META FLOW SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
5. Initial Set-Up and On-Going Updates
In order for a User to begin use of the Services, a User must create an initial Personal Physical Profile (the “Baseline Personal Physical Profile”) by following the instructions provided by the App, which may include the following: (i) preform an initial calibration of the Lumen Device; (ii) upload photographs of and provide a description of the meals you consume during your first week using the Services; (iii) log user activities required by the Lumen Services, including workouts, sleep quality/duration, bowel movements, etc., and by choosing to allow the Lumen App to access and link to other mobile applications such as Apple Health Kit, Samsung Health, etc..; (iv) log any changes to your weight; (v) fill in questionnaires with respect to your personal motivation and/or goal (collectively: “Physical Information”). Please be sure to provide accurate and complete information in preforming all the Baseline Personal Physical Profile activities in order to provide Meta Flow with an accurate Baseline Personal Physical Profile.
In order to ensure the Services are best suited to your personal preferences and needs, you may be required to update your Personal Physical Profile on an ongoing basis in accordance with the on-going changes of your Physical Information.
6. Social Groups
Users may, in their sole discretion, choose to participate in the Meta Flow social groups (“Social Groups”), which provides a forum for Users to share their Personal Physical Profile and/or any part thereof, their stories, photographs and any such other User-Generated Content (as defined below) with other Users. If you do not wish to participate in a Social Group to which you have been invited, please do not accept such invitation.
META FLOW IS NOT RESPONSIBLE FOR ANY USER-GENERATED CONTENT EXCHANGED BY USERS VIA SOCIAL GROUPS.
7. User Undertakings
You promise throughout your use of the Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligation under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your use of and access to the Services; (iii) your use of the Services has not been previously blocked, suspended or terminated including under different accounts; (iv) you will not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate the Terms.
8. Use Restrictions
There are certain conducts which are strictly prohibited in our Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at Meta Flow’s sole discretion) in the suspension or termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, and may not allow any third party to: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or any of the Meta Flow information and resources about the Services, Meta Flow’s systems and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”) or other Intellectual Property (as defined below), in any way or publicly display, perform, or distribute them; (ii) make any use of the Services and/or Content on any website or networked computer environment other than for your personal use in the Website or App, or replicate or copy the Content without Meta Flow’s prior written consent; (iii) create a browser or border environment around Meta Flow’ Services, Content and any part thereof (no frames or inline linking); (iv) interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent, including using any robot, spider, website search or retrieval application, or other manual or automatic device or process to retrieve, index, or mine, any data or content; (v) use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with our Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of our Services, or the servers or networks that host our Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Services, the Intellectual Property, and the Content including use our Services, the Intellectual Property and/or the Content for non-personal or commercial purposes without Meta Flow’s express prior written consent or pursuant to an express written agreement with Meta Flow; (ix) frame or mirror any part of the Website without Meta Flow’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from our Services; (xi) function as a service bureau and provide access to data generated from our Services without the prior written consent of Meta Flow; (xii) transfer and/or assign the User’s Account’s password, even temporarily, to a third party other than the User’s own personal caretaker for use in providing care to the User; (xiii) upload, display, convey and/or otherwise communicate to Meta Flow or to any Users, any information, imagery and other content which is proprietary information of any third party without such third party’s explicit consent; or (xv) use our Services for any illegal or unauthorized purpose.
9. User Generated Content
Certain features of the Services may permit Users to post and edit content, nickname, photographs (personal and food), fitness-related data, text, photos, report data gaps or errors and other types of works (collectively, “User Generated Content”) and to publish User Generated Content on the Services for display to other users or in some cases to the general public. Please ensure that when you use the Services, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the User Generated Content you upload and/or provide to Meta Flow or the Services. Meta Flow will not bear any liability for any loss, damage, cost, or expense suffered or incurred as a result of or in connection with uploading any User Generated Content. Some User Generated Content may only be contributed by you if you have created an Account or if you are a member of a Social Group.
We will not keep confidential any User Generated Content you choose to upload to our Services.
You are solely responsible for the accuracy and completeness of all User Generated Content uploaded by you.
You promise that you have (and will continue to have at all times) all the necessary licenses, rights, consents, and permissions necessary for you to upload to us and for us to display on our Services and Social Groups from the rightful owners of such User Generated Content and/or the subjects of such User Generated Content (e.g. individuals appearing in any photos uploaded by the User, if such subjects’ consent is required under applicable laws), and that such User Generated Content does not infringe any third party's intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.
IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, INCLUDING WITH RESPECT TO THE UPLOADING OF ANY PHOTOS, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
You also promise that the User Generated Content that you post or upload will not include any: (i) spam, unsolicited promotions, advertising, contests or raffles;(ii) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) content that encourages criminal behavior or conduct that would constitute a criminal offence under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.
Meta Flow is under no obligation to edit or control User Generated Content that you or other users post or publish and will not be in any way responsible or liable for User Generated Content. Although Meta Flow has no obligation to screen, edit or monitor any of the User Generated Content, Meta Flow explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Generated Content available on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post on the Services at your sole expense.
If notified by a User or content owner that User Generated Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Generated Content, which we reserve the right to do at any time and without notice. When you upload, post, publish or make available any User Generated Content on the Services, you grant to Meta Flow an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, in connection with the Services, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future. Meta Flow shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement to any and all moral rights in any of the User Generated Content.
11. Payments and Fees
1.1. In addition to the purchase price of the Lumen Device, subscribing to the Lumen Services (“Subscription”) and Account registration may be subject to payment of certain fees (either onetime payment or periodic) to us, as shall be presented to you at the time of subscription/registration (the "Subscription Fees").
12. Product Descriptions
We have made every effort so that our Website displays the dimensions and colors of our products as accurately as possible. However, the colors you see in our products will depend on your displaying device (e.g. mobile phone, computer). We do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by our Website is not as described, your sole remedy is to return it unused and with the full contents of its packaging in accordance with our return policy (as described within our “Order, Return and Refund Policy” below).
13. Intellectual Property Rights
Meta Flow hereby grants you with a limited, personal, non-exclusive, terminable, non-assignable, non- sublicensable, time limited, non-transferrable license to use the Services subject to these Terms. Except for the limited right to access and use the Services as permitted hereunder, and except for ownership of the hardware component of the Lumen Device by purchasers of the Lumen Device, these Terms do not entitle you to any right in and/or to any of the Services, including without limitation the App, the Lumen Device, and/or the Website.
All references in these Terms to the purchase or sale of the Lumen App, Lumen Devices or of Services or any part thereof, shall include the sale, lease, licensing, rental, subscription or other transfer, conveyance or disposal of any product (including, for the removal of doubt, any related service; however the parties intend and agree that as the Lumen App, the Lumen Devices and/or Services include software (including, without limitation, any firmware) such software is not being sold, but shall only be licensed in accordance with the terms and conditions of these Terms.
Meta Flow’s marks and logo (whether or not registered) and all other proprietary identifiers used by Meta Flow in connection with the Services (the “Meta Flow Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos appearing in the Services belong to their rightful owners (“Third Party Trademarks”).
No right, license, or interest to Meta Flow Trademarks or Third Party Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Meta Flow’s Trademarks and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms.
Our Services availability and functionality depends on various factors, such as communication networks. Meta Flow does not warrant or guarantee that our Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
15. Changes to Our Services
Meta Flow reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently our Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the content provided under our Services may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Meta Flow shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services or the content included in our Services.
16. Disclaimer and Warranties
META FLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
META FLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OF THE LUMEN DEVICE OR THE ACCURACY OF USER’S METABOLIC DATA.
YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SERVICES NOT IN ACCORDANCE WITH META FLOW’S INSTRUCTIONS.
META FLOW SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, OR ANY OTHER INFORMATION EMERGING FROM USING THE SERVICE, WHETHER OR NOT META FLOW HAD BEEN INFORMED OF THE POSSIBILITY OFSUCH DAMAGE.
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FUNCTION. META FLOW DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON OUR SERVICES INCLUDING ANY SUGGESTIONS. THE USE OF OUR SERVICES IS ENTIRELY AT YOUR OWN RISK AND METAFLOW SHALL HAVE NO LIABILITY RELATING TO SUCH USE. META FLOW DISCLAIMS RESPONSIBILITY FOR ANY AND ALL USER GENERATED CONTENT UPLOADED OR COMMUNICATED THROUGH THE SERVICES BY USERS.
METAFLOW DOES NOT WARRANT THAT THE OPERATION OF OUR SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
17. Limitation of Liability
IN NO EVENT SHALL META FLOW, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF OUR SERVICES, OR THE USE OR INABILITY TO USE OUR SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF META FLOW TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF META FLOW BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER META FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH JURISDICTIONS. SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR META FLOW’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF META FLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL META FLOW’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO METAFLOW FOR YOUR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO META FLOW FORTHE USE OF THE SERVICE OR IF NO PAYMENTS WERE MADE ON YOUR BEHALF, THEN METAFLOW SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless Meta Flow from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) made against or incurred by Meta Flow arising directly or indirectly from: (i) your use of our Services not in accordance with Meta Flow’s instructions; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of our Services (including your violation of any third party rights); (iv) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services; and (v) your violation of any applicable law or regulation.
19. Amendments to the Terms
Meta Flow may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of these Terms on the homepage of the Website and/or the App, or we may choose to send you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Services the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
20. Termination of the Services
At any time, Meta Flow may temporarily or permanently limit or block your access to our Services, at our sole discretion, in addition to any other remedies that may be available to us low under any applicable law. Such actions by Meta Flow may be taken if we reasonably believe that you have breached any of these Terms in any manner.
Additionally, Meta Flow may at any time, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Meta Flow does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data except with respect to pre-paid pro-rated fees paid for future access to the Services.
21. Platform Providers
By downloading the App from a third-party mobile application marketplace (e.g. AppStore), a service provider or distributor (“App Providers”), your use of the App may also be subject to the rules of use of the App Providers (“Rules of Use”). Note that the Rules of Use may apply to you and it is your responsibility to determine whether and to what extent the Rules of Use apply to you. You agree to meet all the Rules of Use of the App Providers that apply to you.
Such App Providers are independent from the Service. You hereby acknowledge that MetaFlow has no control over such App Providers, and further acknowledge and agree that Meta Flow is not responsible for the availability of App Providers, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such App Providers.
22. Misconduct and Copyright Agent
We care for your safety and well-being. If you believe a User acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior or content, please report immediately such person to the appropriate authorities and to us.
MetaFlow respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Meta Flow’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of in fringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit Meta Flow to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that Meta Flow can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copy right owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copy right owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Meta Flow’s Copyright Agent can be reached at email@example.com.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the applicable laws as described herein. Any dispute arising out of or related to your use of the Website and/or the Service will be brought in, and you hereby consent to the exclusive jurisdictions and venues of the following competent courts and under the following governing law:
a) If your primary residence is in the USA, the law governing the relationship between you and Meta Flow and the exclusive jurisdiction shall be: the laws of the state of New York and the city of New York (respectively); b) If your primary residence is in Europe, the law governing the relationship between you and Meta Flow and the exclusive jurisdiction shall be: the laws of England and Wales and the city of London (respectively); c) If your primary residence is in Israel or in any other territory not mentioned in a) or b) above, the law governing the relationship between you and Meta Flow and the exclusive jurisdiction shall be: the laws of the State of Israel and the city of Tel Aviv.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Meta Flow's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Meta Flow relating to the subject matter herein and supersedes any and all prior or contempt or otherwise written or oral agreements or understandings between you and Meta Flow. Notices to you may be made via email or regular mail. Our Services may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org.
By contacting us, you represent that you are free to do so and that you will not knowingly provide Meta Flow with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Meta Flow, and Meta Flow may use or refrain from using any such information at its sole discretion.
ORDER, RETURN AND REFUND POLICY
1. Product Description
The Lumen product is comprised of the Lumen Device and the Lumen App. The Lumen Device measures your metabolism by analyzing the composition of your breath and the Lumen App provides you with insights and input with respect to such measurements. Through the Website, at lumen.me/shop, we offer you to purchase the Lumen Device and other accessories or auxiliary services and products(collectively with the Lumen Device and a subscription to the Lumen App the "Products"), at a price presented to you at the time you complete the purchase through the Website or through the Lumen App (as applicable).
We may occasionally change the prices of Products at our sole discretion. Please note, most benefits of the Lumen Device may only be exercised when coupled with a valid subscription to the Lumen App.
2. Order, Shipment and Delivery
3. Limited One (1) Year Warranty Policy
4. Return and Refund Policy
We are confident that you will enjoy the Lumen Product. However, according to our Return Policy, if you are not completely satisfied with your Lumen Device, you are entitled to return your Lumen Device and receive a refund subject to compliance. To be eligible for a return and refund, (i) you must notify us in writing sent bye e-mail to email@example.com of your wish to cancel your purchase and return you Lumen Device, within 14 days of date the Lumen Device was delivered to you or to your address, as documented by the applicable shipping and delivery agent, together with a receipt or other proof of purchase, (ii) you must return the Lumen Device to Meta Flow address at your own cost within 14 days of your written notice of return, and (iii) your item must be returned to Meta Flow in the same condition that you received it. It must also be in the original packaging, include all materials that came in the packaging and have the charging dock and cable. Once the above has been completed Meta Flow will provide a refund of the Lumen Device price you paid. In any event shipping costs borne by User for products which have already been shipped to User, will not be reimbursed or refunded. You should consider using a trackable shipping service or purchasing shipping insurance to ensure the returned Lumen Device is not lost during delivery to MetaFlow. We do our best to make returns and exchanges as simple as possible. If you are entitled to a refund in accordance with the above, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.