This End User License Agreement (“Agreement”) is a legally binding agreement between the individual (“User/You”), who has registered to use the Vive Now application through a mobile number and/or email and Vive Health LLC, a company duly incorporated under the laws of Florida, United States of America (“Licensor”), regarding the use of the Vive Now app (“the App”).

For the purposes of this Agreement, the following terms shall have the specified meanings:

1. “App” refers to the software program provided by the Licensor under the name Vive Now, which includes all associated media, printed materials, and online or electronic documentation.
2. “User Content” means any and all data, text, video, images, or other content that the User uploads, transmits, or submits through the App, intended to be made available through the App.
3. “Licensor Content” includes all materials, including designs, editorial content, text, graphics, audio-visual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulas, patterns, data and any other work provided by the Licensor through the App.
4. “Service” refers to the services provided through the App, which include but are not limited to data analysis, content sharing, and personal wellness guidance.
5. “Party” refers to the User or the Licensor as the context may suggest.
6. “Parties” refers collectively to the User and Licensor.Article 1: Definitions

By installing, using, or accessing the App, the User agrees to be bound by the terms of this Agreement. If the User does not agree to the terms, they are not permitted to use the App.

Licensor grants the User a personal, non-exclusive, non-transferable, limited license to install and use the App on a single mobile device owned or controlled by the User solely for personal, non-commercial purposes, subject to the terms of this Agreement.

The User agrees to use the App only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this App by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this App.

In addition to other terms as set forth in the Agreement, the User is prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

The User acknowledges that all intellectual property rights in the App and any accompanying documentation and all other materials provided by Licensor under this Agreement are owned exclusively by the Licensor. These works are protected by copyright, patent, trademark, and other intellectual property laws and treaties around the world. All such rights are reserved and the User has no claim/right on such Intellectual Property in any manner whatsoever.

Age-based Data Grouping and Analysis:​

I. Data Grouping: The User acknowledges and agrees that the Licensor may collect demographic information, including but not limited to the age of the User, during the registration and profile setup processes. The Licensor reserves the right to group users by age for the purpose of data analysis, which helps in enhancing user experience and improving service delivery.

II. Purpose of Data Analysis: The Licensor uses age-based grouping to better understand user needs, preferences, and trends associated with different age groups. This analysis aids in tailoring the App’s features and content to better suit the specific interests and requirements of each age group.

III. Consent to Use Data: By agreeing to the terms of this Agreement and continuing to use the App, the User consents to the collection, analysis, and use of such demographic and usage data by the Licensor. The User further agrees that the Licensor may use this data to improve the App, develop new applications, features, and services, and for other research and marketing purposes in accordance with the Licensor’s Privacy Policy.

IV. Privacy and Security: The Licensor commits to maintaining the confidentiality and security of all personal data collected through the App, including data used for age-based grouping and analysis. All personal data will be processed in accordance with applicable data protection laws and the Licensor’s Privacy Policy.

V. Opt-out Options: Users who do not wish their data to be used for age-based analysis may opt out by adjusting their user settings or contacting support as detailed in the Privacy Policy. Users are informed that opting out may affect the personalization of services and the overall user experience within the App.

A. Data Collection and Usage:​

The User acknowledges and agrees that their use of the App involves the transmission and storage of personal information, which may include, but is not limited to, health data, demographic information, and usage patterns. The App collects this information to provide and improve its services.

B. Accuracy of Information:​

I. User Responsibility: The User consents to provide truthful, accurate, current, and complete information as prompted by the App’s registration and data entry forms. The User further agrees to maintain and promptly update any information to keep it truthful, accurate, current, and complete.

II. Data Accuracy Consent: The User consents to the collection, use, and analysis of the provided data by the Licensor and confirms that all data provided is accurate and free from any material discrepancy which may result in any inaccuracy of essential health monitoring. The User understands that any false, inaccurate, or incomplete information may affect the functionality of the App and the quality of health monitoring and services provided.

C. Privacy and Security Commitments:
The Licensor commits to protecting the privacy and security of all personal data collected through the App, implementing appropriate technical and organizational measures in accordance with applicable data protection laws. All personal data will be processed in compliance with the Licensor’s Privacy Policy, which details the purposes of data processing, the types of data collected, and the rights of users in relation to their personal data.
D. Data Sharing and Disclosure:
The Licensor may share user data with third parties only as described in the Privacy Policy and as necessary to provide the services offered by the App, to comply with legal obligations, or to enhance the user experience. The User consents to such sharing under the conditions outlined in the Privacy Policy.
E. User Rights and Controls:
Users have rights regarding their personal data, including the right to access, correct, delete, or restrict the use of their personal data. The App provides mechanisms for users to exercise these rights, as detailed in the Privacy Policy. Users who wish to exercise their rights or have questions about their personal data may contact the Licensor as specified in the Privacy Policy.

The App and its content are provided “as is” and “as available” without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

To the extent permitted by law, Licensor will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the App. Licensor makes no warranty that the functionality of the App will be uninterrupted or error-free, that defects/bugs will be corrected or that the App or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

The User agrees to indemnify, defend and hold harmless the Licensor, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including but not limited to negligent or wrongful conduct) by the User or any other person accessing the Service.

The Licensor reserves the right to terminate or suspend the User’s access to the App immediately, without any prior notice or liability, for any reason whatsoever, including without limitation if the User breaches the Agreement. Upon termination, the User’s right to use the App will cease immediately.

Licensor reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time without any prior information to the User. It is the User’s responsibility to check this Agreement periodically for changes. The User’s continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes.

This Agreement shall be governed by and construed in accordance with the laws of Florida, United States of America without giving effect to any principles of conflicts of law.

You agree that any legal action or proceeding between you and the Licensor will be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida, United States of America.

If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Force Majeure:
The Licensor shall not be liable for any failure to perform its obligations where such failure results from any cause beyond reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Assignment:
You may not assign or transfer this Agreement, by operation of law or otherwise, without Licensor’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. The Licensor may assign or transfer this Agreement, at its sole discretion, without any restriction whatsoever.
Entire Agreement and Waiver:
This Agreement, together with any amendments and any additional agreements you may enter into with Licensor in connection with the App, shall constitute the entire agreement between you and Licensor concerning the App. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Licensor’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

If you have any questions about this Agreement or need further information regarding the terms and conditions of use for the App, please access the “Contact Us” tab within the app. This feature is designed to facilitate communication directly through the app interface, ensuring that your inquiries are addressed promptly and efficiently by our support team.

By clicking “I Agree,” you acknowledge that you have read this Agreement, understood it, and agree to be bound by its terms and conditions. You also represent that you have reached the age of majority in accordance with the laws of the country in which you reside or are otherwise subject to, which legally qualifies you to enter into binding contracts, and you freely and voluntarily agree to all terms and conditions set forth in this Agreement.