TERMS

Terms of Use

Terms of Use & End User License Agreement

Effective date: August 11, 2026

These Terms of Use and End User License Agreement (“Terms”) are a legal agreement between you and Amivae LLC (“Amivae,” “we,” “us,” or “our”) governing your access to and use of joinamivae.com, the Amivae mobile application (the “App”), and related services (collectively, the “Services”). By accessing or using the Services, or by affirmatively accepting these Terms in the App, you agree to these Terms. If you do not agree, do not use the Services.

IMPORTANT — ARBITRATION, JURY-TRIAL WAIVER, AND CLASS-ACTION WAIVER. Section 18 requires most disputes between you and Amivae LLC to be resolved through individual binding arbitration rather than in court and includes waivers of jury-trial and class, collective, consolidated, or representative-action rights. You may opt out of arbitration within 30 days as described in Section 18.

1. Eligibility; Adults Only

You must be at least 18 years old to create or use an Amivae account. We require your full date of birth to verify eligibility. You agree to provide accurate information and not misrepresent your age, identity, or eligibility. If you are under 18, you may not create or use an Amivae account.

2. Accounts and Security

You are responsible for maintaining accurate account information and the confidentiality and security of your credentials. You are responsible for activity occurring through your account except to the extent caused by Amivae’s breach of applicable obligations. Notify us promptly at support@joinamivae.com if you believe your account has been compromised.

3. Wellness Service; Not Medical Advice

Amivae is a wellness and personal-tracking service. It is not a medical device and does not provide medical advice, diagnosis, treatment, emergency services, or professional healthcare. Information, insights, coaching-style content, food suggestions, nutrition estimates, summaries, reminders, and other outputs are for general wellness and self-awareness only. Always consult an appropriately qualified professional before making decisions about a medical condition, nutrition treatment, exercise restriction, or other healthcare matter. Do not use Amivae in place of professional medical care or in an emergency. If you believe you are experiencing a medical emergency, contact emergency services.

4. Food, Weight, and Body-Image Considerations

Nutrition and body-related features—including optional calorie and macronutrient goals, meal logging, weight tracking, and body measurements—are provided for personal awareness. Goals are set by you. Amivae does not prescribe calorie targets, weight-loss plans, or clinical dietary recommendations based on your body details.

Tracking food intake, calories, weight, macronutrients, or body measurements may not be appropriate for everyone and may be distressing or triggering for individuals with a history of disordered eating or body-image concerns. If using these features causes distress or begins to negatively affect your relationship with food, exercise, weight, or your body, discontinue use of the affected features and consider seeking support from a qualified healthcare or mental-health professional or an appropriate eating-disorder support organization. Amivae is not designed to diagnose, prevent, monitor, or treat an eating disorder or other medical or mental-health condition.

Additional information appears in our Health & Safety Notice.

5. Your Choices, Goals, and Information

You decide what to log, whether to set optional goals, and how to use and interpret your information. You are responsible for the accuracy of information you submit and for deciding whether a feature, suggestion, goal, or output is appropriate for you. Amivae does not guarantee any particular health, fitness, nutrition, weight, or wellness outcome.

6. Apple Health and HealthKit

If you choose to connect Amivae with the Apple Health app through Apple’s HealthKit framework, you authorize Amivae to access only the data types for which you grant permission. You may decline or revoke permissions through Apple. Your use of Apple services is also subject to applicable Apple terms. Amivae’s handling of Apple Health information is described in our Privacy Policy.

7. Food Search, Barcode, Photo, AI, and Automated Outputs

Food databases, barcode information, photo analysis, AI-enabled features, calorie or nutrient estimates, and other automated outputs may contain errors, omissions, or approximations. Review information before relying on it, particularly if you have allergies, dietary restrictions, medical conditions, or other circumstances where inaccurate information could create risk. If an optional feature sends personal information to a third-party provider, that processing is described in our Privacy Policy and any applicable in-app disclosure, and Amivae will obtain permission where required by applicable law or platform requirements.

8. Subscriptions and Billing

Certain features may require a paid subscription. For subscriptions purchased through Apple’s App Store, Apple processes payment, renewal, cancellation, and refunds under Apple’s applicable terms and policies. Prices, subscription periods, trial terms, and renewal information will be disclosed before purchase. Unless otherwise stated at purchase or required by law, a recurring subscription continues until canceled through the applicable Apple account settings. Amivae does not control Apple’s billing systems or refund determinations.

9. License to the App

Subject to your compliance with these Terms, Amivae grants you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the App solely for your own lawful, non-commercial wellness use. For an App obtained through Apple’s App Store, the license is limited to use on Apple-branded products that you own or control and as permitted by the usage rules in the Apple Media Services Terms and Conditions, including permitted Family Sharing or volume purchasing where applicable. This license does not transfer ownership of the App to you.

10. License Restrictions and Acceptable Use

You may not copy, modify, rent, lease, sublicense, sell, distribute, reverse engineer, decompile, disassemble, create derivative works from, or remove proprietary notices from the App or Services except to the extent applicable law expressly permits despite this restriction. You also may not misuse the Services; interfere with their operation or security; attempt unauthorized access; circumvent technical protections; upload malicious code; impersonate another person; violate law or the rights of others; or use Amivae content, systems, or non-public outputs to develop or train a competing product except with Amivae’s written permission or as non-waivable law permits.

11. User Content

You retain ownership of information, photos, entries, reflections, and other content you submit (“User Content”). You grant Amivae a limited, worldwide license to host, store, reproduce, process, transmit, and display User Content as reasonably necessary to provide, secure, maintain, personalize, and improve the Services and as otherwise described in the Privacy Policy. You represent that you have the rights necessary to submit your User Content.

12. Amivae Intellectual Property

The App and Services, including the Amivae name, logos, spark mark, interface, software, designs, text, graphics, features, and other materials provided by Amivae, are owned by or licensed to Amivae LLC and are protected by intellectual-property and other laws. Except for the limited license expressly granted above, no rights are transferred to you.

13. Third-Party Services and Terms

The Services may rely on or interact with third-party services, including Apple, food-data providers, AI providers, cloud or authentication providers, and subscription or infrastructure providers. You must comply with applicable third-party terms when using the Services. Amivae is not responsible for third-party products or services outside Amivae’s control except as required by law.

14. Updates, Maintenance, Support, and Availability

We may provide updates, patches, new versions, or changes to the Services. Some updates may be required to continue using certain features. We may add, modify, suspend, or discontinue functionality, subject to applicable law and commitments associated with a paid subscription. Amivae is responsible for maintenance and support obligations that apply to the App; Apple has no obligation to provide maintenance or support for the App.

15. Suspension and Termination

We may suspend or terminate access for material violations of these Terms, fraud, security threats, legal requirements, or misuse. The App license ends automatically if you materially violate the license restrictions in these Terms. You may stop using Amivae at any time and may request account deletion as described in the Privacy Policy. Provisions that by their nature should survive termination—including ownership, disclaimers, limitations of liability, dispute resolution, and other accrued rights—will survive.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AMIVAE DISCLAIMS WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY WELLNESS, NUTRITION, ACTIVITY, FOOD, PHOTO, AI, OR OTHER OUTPUT WILL BE COMPLETE OR ACCURATE. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

17. Limitation of Liability

To the fullest extent permitted by law, Amivae LLC and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill arising from your use of the Services.

Our total liability for any claim relating to the app will not exceed the greater of the amount you paid us for the app in the twelve months before the claim (if any) or one hundred U.S. dollars (US$100), unless applicable law requires otherwise.

18. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before filing arbitration, either party must send the other a written notice describing the dispute and requested relief and allow 30 days for a good-faith attempt to resolve it. Notices to Amivae must be sent to support@joinamivae.com with the subject line “Legal Dispute Notice.” This requirement does not prevent either party from seeking urgent temporary relief where necessary to prevent immediate harm.

Agreement to arbitrate. Except for disputes that qualify for small claims court and requests for temporary or preliminary injunctive relief relating to intellectual property, security, or unauthorized access, you and Amivae agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Administrator and rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its then-applicable Consumer Arbitration Rules and Mediation Procedures, as modified by these Terms. If AAA is unavailable or unwilling to administer a particular dispute, the parties will attempt to agree on another nationally recognized arbitration provider; if they cannot agree, a court of competent jurisdiction may appoint an arbitrator or provider as permitted by law.

Individual proceedings only. YOU AND AMIVAE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, TO THE EXTENT PERMITTED BY LAW. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

Jury-trial waiver. To the extent a dispute is subject to arbitration, you and Amivae knowingly waive the right to a trial by jury.

Small claims. Either party may bring an individual claim in a court of competent jurisdiction that qualifies as small claims, so long as it remains an individual action.

Location and format. Consumer arbitration may be conducted remotely, by documents, by telephone or video, or in person as permitted by the applicable rules and law, with reasonable consideration given to the consumer’s location.

Fees. Arbitration fees will be allocated under the applicable AAA Consumer Arbitration Rules and applicable law. Amivae will not seek to shift arbitration costs to a consumer where prohibited by applicable law.

30-day right to opt out. You may opt out of this arbitration agreement by emailing support@joinamivae.com within 30 days after you first accept these Terms. Your email must use the subject line “Arbitration Opt-Out” and include your name, the email address associated with your Amivae account, and an unambiguous statement that you opt out of the arbitration agreement. Opting out will not affect the other provisions of these Terms or your ability to use Amivae.

Severability. If a court determines that the prohibition on class, collective, consolidated, or representative proceedings is unenforceable as to a particular claim or request for relief, that claim or request for relief will proceed in court after any arbitrable individual claims are resolved, unless applicable law requires otherwise. If another portion of this Section is unenforceable, it will be severed to the minimum extent necessary and the remainder will remain effective.

19. Governing Law and Courts

The Federal Arbitration Act governs Section 18. Except to the extent federal law applies or applicable law cannot validly be waived, these Terms and disputes arising from them are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. For disputes not required to be arbitrated, you and Amivae consent to the personal jurisdiction of the state and federal courts located in Georgia, subject to any non-waivable consumer right to bring a claim in another forum.

20. Apple App Store Terms

If you obtain or use the App through Apple’s App Store, you and Amivae acknowledge that these Terms are concluded between you and Amivae LLC only, and not with Apple, and Amivae—not Apple—is solely responsible for the App and its content. Apple has no obligation to furnish maintenance or support services for the App.

The license granted for the App is limited as described in Section 9. Amivae is solely responsible for product warranties to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and Amivae is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty.

Amivae, not Apple, is responsible for addressing claims relating to the App or your possession or use of it, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims under consumer-protection, privacy, or similar laws, including claims relating to HealthKit. If a third party claims that the App or your possession or use of it infringes intellectual-property rights, Amivae—not Apple—is responsible for the investigation, defense, settlement, and discharge of that claim.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce the Apple-specific provisions against you.

Developer contact information for App Store purposes: Amivae LLC; 8735 Dunwoody Place, Ste N, Atlanta, GA 30350; 332-900-6002; support@joinamivae.com.

21. Changes to These Terms

We may update these Terms as the Services evolve or legal requirements change. If changes are material, we will provide notice as required by law and, where appropriate, request renewed affirmative acceptance. Changes to arbitration provisions will be handled in accordance with applicable law.

22. General

If any provision is unenforceable, it will be modified or severed to the minimum extent necessary unless these Terms provide otherwise. Our failure to enforce a provision is not a waiver. You may not assign these Terms without Amivae’s consent; Amivae may assign them in connection with a merger, reorganization, financing, sale of assets, or by operation of law, subject to applicable law. These Terms, the Privacy Policy, and any terms presented at purchase constitute the agreement between you and Amivae concerning the Services.

23. Contact

Questions, complaints, or claims concerning Amivae may be directed to Amivae LLC at support@joinamivae.com.