FAQs

Frequent interruptions of prolonged sitting on self-perceived levels of energy, mood, food cravings and cognitive function:

https://ijbnpa.biomedcentral.com/articles/10.1186/s12966-016-0437-z

Researchers found that spreading out physical activity throughout the
day improved mood, decreased feelings of fatigue and affected appetite
as compared to sitting all day or a single bout of exercise. Introducing
short bouts of activity during the workday is a promising approach to improve overall well-being at work without
negatively impacting cognitive performance.

The Effectiveness of Diaphragmatic Breathing Relaxation Training for Reducing Anxiety

Hi 👋! Welcome to minder😃! We are excited for you to explore all the features and benefits of using a minder. Below you will find instructions for setting up and using minder as well as fun tips and suggestions for best practices.

If you have any issues, feedback, suggestions or feature requests please contact our support team at appsupport@obvus.me.

When you login for the first time, a tutorial will walk you through the basics of the minder app.

• The tutorial will take less than 5 minutes to set up and sync minder with your Apple Watch.

If you want to go through onboarding again, select the option in settings to “Show Onboarding Instructions."

The best experience is achieved by keeping the minder app open on your phone to monitor your posture. In order to have continuous visual feedback you might need to turn off the auto-lock feature on your iPhone during a posture session. This can be done through iPhone Settings -> Display & Brightness -> Auto-Lock

You can also monitor your posture with the minder app running in the background on your iPhone. You will not have the live visual feedback but can continue to receive sound and haptic alerts on your Apple Watch and/or iPhone. These alerts can be customized through settings.

We recommend monitoring your posture with a couple of  20-30 minutes sessions each day. Movement is important to posture and it is not necessary to be at 100% healthy posture. Start with a target between 75-95%.

After finishing your first session you can make adjustments as needed.  If you felt it was very difficult and you were getting alerts too frequently you can try adjusting the difficulty (by dragging the dotted ring) or sensitivity to give you some more range before you get alerts. Don’t worry everyone has different starting points.

Anytime you want to start a new posture tracking session you will need to connect your Apple Watch or AirPods Pro to the iPhone. Select the orange button “connect a device” and you will see a list of available devices ( Your AirPods Pro will automatically connect).  Once connected you will be prompted to press the “Start a Posture and Breathing Session” button on your Apple Watch. You will then be prompted to assume a healthy posture and calibrate. This will calibrate your posture and breathing visualization for the session.

How To See Your Live Posture

An OPP is setting that allows the app and your watch or airpod pros to track your posture. Examples are sitting at your desk or standing at your desk.

We have provided some default OPPs that will apply to most day-to-day activities.

1. T1 Sitting w/ Supported - Recommended starting OPP settings
2. Chest Sitting w/ Supported -minder on your chest
3. T1 Sitting Active - Supported posture is turned off so you can work on sitting in active posture
4. Chest Sitting Active - Active Posture OPP with minder on your chest
5. T1 Standing - Standing Posture
6. Chest Standing - Standing OPP with minder on your chest
7. Silent - Sound notifications turned off 
8. Walking -Posture while walking
9. Rotation w/ custom background -  See core rotating posture
10. Piano - Unique OPP you can create
11. Tracking Only - Turns of all notifications but still tracks your posture.

You can also create new OPPs that are completely personalized to you.

1. Name - The name of the OPP
2. Device Position - You can have different preferred device positions based on your activities. Tip: You can override this on the settings page when you want to use an OPP but are wearing the device at a different position than the default.
3. Posture Difficulty - Illustrated by the size of the dotted difficulty ring. Whenever the posture ball is outside of the difficulty ring you receive unhealthy posture warning notifications. This can also be changed on the live The Body Clock but will always adjust back to this default for the OPP
4. Supported Posture - Allows you to move in your chair without automatically getting an out of posture alert
5. Rotation Sensitivity - The default is to show rotation within the posture ball. You can also turn on a Custom Background to visualize your rotation.
6. Custom Background - Select a custom background for The Body Clock If you have rotation sensitivity on, the background will move as you rotate.
7. Display Time - Option to display the time in The Body Clock
8. HR Sensor - This option turns the Heart Rate (HR) Sensor on and off. 
9. Display HR - Shows your current HR in the posture circle. 
10. Stresshold Heart Rate - This is the maximum HR you can reach before getting a Stresshold message to take a Me/Mo

Posture Notifications

You have the option to create a customized tiered notification system to alert you when you have left the healthy posture ring.

When the app is open you might initially rely on visual warnings before needing haptic or sound notifications. Since there are no visual warnings while the app is in the background you will need to rely on haptic and sound warnings.

Alerts start as soon as you leave the healthy posture ring. The default settings start with gentle conditioning alerts and get more noticeable the longer you are out of the healthy posture ring. Every time you return to healthy posture the notifications will stop.

Here are the options available

1. Duration: How long you want this specific alert to last. Can be 2-12 seconds.
2. Color (Only Available when minder app is open): You can have it change to different colors for different alert states to help you notice the longer that you are not in healthy posture.
3. Flashing (Only Available when minder app is open): An additional visual alert to flash the selected color to help you notice you are not in healthy posture.
4. Sound on Apple Watch: An audio alert on the Apple Watch.
5. Sound on iPhone: An audio alert on the iPhone.
6. Haptic on Apple Watch: A haptic alert on the Apple Watch.
7. Sound on iPhone: A haptic alert on the iPhone.

A ME/moment or what we call “ME/mo” is a fun purposeful break that provides an opportunity for you to take a break and focus on yourself. A ME/mo can be anything from a breathing exercise, a meditation, drinking H2O, or taking a walk. Take a ME/mo whenever you need to by selecting the purple “Take a ME/mo Do it” bar at the top. Then simply select from our ME/mo library. We have organized ourME/mos by our 5 pillars:

1. Mindfulness: Breathing and Meditation to improve mindfulness
2. Nutrition: Eat well and hydrate for better health
3. Movement: Move with Cardio, Strength and Stretch exercises
4. Sleep: Sleep better to repair and support mind and body
5. Habits: Create and maintain new healthier habits

The ME/mo library has some essentials to start and we will be constantly updating and adding new ones. If you have any suggestions for a ME/mo please send them to appsupport@obvus.me.

Selecting the “ℹ” button on the ME/mo tile will take you to detailed instructions and information about the ME/mo.

Your breath is represented by the white ring and it will expand and contract as you inhale and exhale. We calibrate your breath to show the visualization and require 2 breath cycles to properly calibrate. If you have not yet completed the 2 cycles during a calibration you will be prompted to calibrate before you start a ME/mo. the ME/mos are where the breathing exercises are located.  If the visualization does not seem accurate we recommend exiting and calibrating again.

The Breathing Interface includes the following to guide you:

1. The outer ring shows the inhale (red) / inhale hold (blue) / exhale (green) / exhale hold (blue) timing for each cycle
2. Instructions inside the circle to inhale, exhale or hold
3. A yellow pacing guide ring to follow (this can be toggled off in settings)
4. The time remaining for the ME/mo
5. Your HR so you can see effect of theME/mo (can be toggled off in settings)
6. The number of cycles remaining in the ME/mo

You also have the option to change sounds including selecting ambient sounds and chimes from settings.

The outer ring of The Heads-Up Display (HUD) has these buttons

1. Top (12 o’clock): Starts Calibration
2. Right (3 o’clock): Stop Current Session
3. Bottom (6 o’clock): Link to Settings
4. Left (9 o’clock): Pause Posture Tracking and Notifications

Pressing anywhere inside the posture circle will pop up the Stats Ring or what we like to refer to as your “Body Clock”. Here you will see your current progress for the day. To hide the Body Clock you can press again anywhere in the posture circle.

1. Wear Time: The total duration of your sessions for the current day
2. Steps: The total steps for the current day (Apple Health Sync is required to get this information)
3. Healthy Posture %: Time spent in healthy posture vs. total time tracking posture
4. H20 - Track your daily water intake
5. Mindful Minutes: Total time of completed ME/mos for the current day
6. ME/mo: Number of ME/mos completed for the current day
7. Next ME/mo: If you have reminders turned on this will be the time until your next reminder 
8. Stresshold: Total number of stressholds reached for the current day

The Dashboard shows your stats and progress and is below the HUD.  You can see your daily, weekly and monthly progress by selecting the appropriate time range.

The graphs show your progress and will turn purple when you have met or exceeded your goal to give you a visual guide.

1. Wear Time: The total duration of your sessions for the time period selected
2. Healthy Posture % and Time: Time spent in healthy posture vs. total time tracking posture
3. Posture Heat Map: Shows the directional zones of your unhealthy posture to give you a map of your tendencies. The longer you are in a zone the more the zone will fill. First it will fill in yellow and then red. Here is the timing of each section
4. ME/mo: Number of ME/mos completed
5. Mindful Minutes: Total time of completed ME/mos
6. Stresshold: Total number of stressholds reached for the current day
7. Steps: The total steps for the current day (Apple Health Sync is required to get this information)
8. Weight: Most recent weight measurement  (Apple Health Sync is required to get this information).
9. Blood Pressure: Most recent Blood Pressure measurement  (Apple Health Sync is required to get this information).
10. Resting HR: Resting HR (Apple Health Sync is required to get this information).
11. Mood Check-In: Check in daily to track your moods and emotions

You can customize what fields are available and the order in Settings so that you can focus on what is important to you.

A ME/mo is a “ME moment” to take a break for yourself.

We recommend taking a ME/mo every hour and minder will remind you to take them.

To get started, choose a ME/mo from our library.

Use the H2O ME/mo to track your water intake to meet your daily goal and stay hydrated.

Log H2O ME/mo

Select the H2O ME/mo from the nutrition or habits category. If you need to enter a custom amount press the number next to "enter manually" and you will be able to type in any amount. Then select log and you will see your amount entered and the bubble fill towards your goal.

View and Edit H2O History

To view your history press the "Today" button to see a calendar. There will be a purple ring on all days you met your H2O goal. If you need to enter data for a previous day that wasn't logged you can select that date from the calendar and enter the amount you didn't log.

Scheduling H2O reminders
You can schedule reminders to help you hit your goal. You can set up reminders that best meet your needs. Please Note that to receive reminders you must allow minder to send notifications.

Select the + sign to schedule a new ME/mo. You have the following options:

• Select what ME/mo you would like to do by selecting the '+'
• Select the time
• Select the days
• Select "Done" to schedule it

You can then view your schedule for each specific day and modify as needed.

Select your Apple Watch  from the list of devices to pair it with the minder app (AirPods Pro will automatically connect). Please note: the minder app needs to be open and visible on your Apple Watch to establish a connection.

Troubleshooting if you don’t see your device or can’t connect:

• If you do not see your Apple Watch listed make sure it is powered on and paired with your phone.
• Check your watch to confirm the minder app is installed.
• Confirm the minder app is open and visible on your Apple Watch.

If you continue to have issues connecting your Apple Watch please contact us at appsupport@obvus.me.

If you are wearing your watch on a necklace or clip, you can quickly change the device position if you want to wear the device in a different position than the default in your OPP without changing the OPP. For example, if you usually wear it at T1 (on the back of your neck) but for one session want to wear it on your chest, you can change it here for the session. Then for your next session it will return to your default position

Everyone has different positions and needs throughout their day and we have provided the option to set up different OPPs for each situation. Each OPP has a unique group of saved settings that you can select for a specific need.

Here are all the settings available for customization for each OPP:

1. Name - The name of the OPP.
2. Device Position - You might have different preferred device positions based on each activity. The position is important to correctly orientate the device so that posture and breathing visuals track correctly. Tip: You can override this on the settings page when you want to use an OPP but are wearing the device at a different position than the default.
3. Posture Difficulty - This is the size of the dotted difficulty ring. Whenever the posture ball is outside of the difficulty ring you receive unhealthy posture warning notifications. This can also be changed on the live HUD but will always adjust back to this default for the OPP.
4. Supported Posture - This turns on the option to have supported posture if you are sitting in a chair with proper support so that you don’t get alerts when leaning back using the support of the chair.
5. Rotation Sensitivity - If you want to view your rotation within the minder app. The default is to show rotation within the posture ball. You can also turn on a Custom Background to visualize your rotation.
6. Custom Background - Select a custom background for the HUD. If you have rotation sensitivity on, the background will move as you rotate.
7. Display Time - Option to display the time in the HUD.
8. HR Sensor - This option turns the Heart Rate (HR) Sensor on and off. This functionality is not currently available with the Apple Watch. This is for our minder watch that is soon to be released.
9. Display HR - Shows your current HR in the posture circle. If you HR is showing 0 please visit here [link to HR troubleshooting] for troubleshooting tips.
10. Stresshold Heart Rate - This is the maximum HR you can reach before getting a Stresshold message to take a Me/Mo that will help you relax and lower your HR.

Posture Notifications
You have the option to create a customized tiered notification system to alert you when you have left the healthy posture ring.

You have the option to set up different alert settings based on if the minder app is open on your phone or in the background.

Since there are no visual warnings while the app is in the background you will need to rely on haptic and sound warnings.

Alerts start as soon as you leave the healthy posture ring. The default settings start with gentle conditioning alerts and get more noticeable the longer you are out of the healthy posture ring. Every time you return to healthy posture the notifications will stop. They will start from the beginning the next time you are in unhealthy posture.

Here are the options available:

1. Duration: How long you want this specific alert to last. Can be 2-12 seconds.
2. Color (Only Available when minder app is open): This is a visual alert to change the color of the posture circle. You can have it change to different colors for different alert states to help you notice the longer that you are not in healthy posture.
3. Flashing (Only Available when minder app is open): An additional visual alert to flash the selected color to help you notice you are not in healthy posture.
4. Sound on Apple Watch: An audio alert on the Apple Watch. You can select from a few different options.
5. Sound on iPhone: An audio alert on the iPhone. You can select from a few different options.
6. Haptic on Apple Watch: A haptic alert on the Apple Watch.
7. Sound on iPhone: A haptic alert on the iPhone.

Notifications are reminders that minder will automatically send. You will need to allow permission for minder to send notifications and this can be adjusted from Settings -> Notification Settings -> minder. There will also be an option to take you directly to these settings if permission is not allowed.

There are three types of notifications available

ME/mo Reminders

You have the option to set up Automatic Reminders to send you general reminders based on a few preferences or Custom Reminders to set up specific times for a specific ME/mo.

Automatic Reminders - Receive notifications spaced throughout the day based on your preferences. You will receive a reminder to “Take a "ME/mo” and selecting the notification will take you to the ME/mo library to select what ME/mo you want to complete. You have the following options to set up:

1. Select how many Reminders you would like to receive each day
2. Select when you would like to receive them
3. Select what days you want to receive them

Custom Reminders - You have the following options:

1. Select what ME/mo you would like to do by selecting the '+'
2. Select what time you want to do it
3. Select what days you want to do it
4. Select "Done" to schedule it

Customize your goals to create your perfect plan. Select Set Goals from the Dashboard.  This will take you to a screen that allows for customization of all the goals.  You can customize Wear Time, ME/mo's per day, Mindful Minutes, Resting HR, Steps and Weight.

Customize your dashboard tiles by deciding which ones to make available and setting the order. Any tile with a checkmark will be visible and you can select the checkmark to hide the tile. Select edit at the top to have the option to drag and drop the tiles into your desired order.

You can Sync the minder app with Apple Health to connect Mindful Minutes, Steps, Heart Rate, Weight and Blood Pressure to your Dashboard.

For the best experience, we recommend selecting “Turn All Categories On” to sync all relevant information. If you do not enable sharing, some fields will NOT be populated in the minder app.

NOTE: Your information will be held secure within the minder App. obVus Solutions will not have access to any identifiable information, nor will it share any information with third parties.

Please note to connect the minder iPhone app with your Apple Watch it is required to have the app installed on both devices and be connected to a wifi network. A connection can't be established on a cellular network.

If you do not see your Apple Watch listed as an available device:

• Confirm the minder app is installed on your watch. If you do not see the app you can check the watch app on your iPhone and install from there.
• Make sure the Apple Watch is powered on and paired with your phone. You can confirm this by going to your Bluetooth settings and you should see “paired” next to your watch. If it is not paired then complete the pairing process.
• Try toggling Bluetooth on/off on your iPhone and/or watch
• Try toggling wifi on/off on your iPhone and/or watch
• If none of the above are working then try powering off both devices

Can see Apple watch as option but connection takes more than 20 seconds or won't connect

• Confirm your iPhone is connected to a wifi network
• Confirm the minder app is open and visible on your Apple Watch
• Select cancel and try to connect to watch again
• If problem persists try manually quitting minder app and reconnecting device
• Make sure the Apple Watch is powered on and paired with your phone. You can confirm this by going to your Bluetooth settings and you should see “paired” next to your watch. If it is not paired then complete the pairing process.
• Try toggling Bluetooth on/off on your iPhone and/or watch
• Try toggling wifi on/off on your iPhone and/or watch
• If none of the above are working then try powering off both devices

I have a delay between my actual movement and ball movement

• Stop the session and start a new one
• If problem persists try manually quitting minder app and reconnecting device
• Try toggling Bluetooth on/off on your iPhone
• Try toggling Bluetooth on/off on your watch

If you continue to have issues connecting your Apple Watch please contact us at appsupport@obvus.me and we will help you get connected.

Every time you start a tracking session the HR sensor (green light) will be turned on to monitor your HR during the session. This will allow you to track your HR and take a ME/mo if needed. If you don’t see your HR you can check the following to troubleshoot:

1. Confirm HR sensor is on the Apple Watch. You will see a green light on the bottom of the Apple Watch. If it is not on you can stop the current session and start a new one. This should turn on the HR sensor.
2. Confirm you have turned on HR sharing in Apple Health. We rely on getting the HR data from Apple Health and you must share this option with minder for us to receive it.

If the ball is moving in the opposite direction when you lean forward or backwards you most likely have the wrong device position selected. The orientation on the device is different on the back vs. the chest causing the ball to move in different directions. For example, if you are wearing minder on your chest but have the device position selected for T1 then the ball movement will be reversed and you need to change it to the correct chest position.

If the ball is moving in the opposite direction when you lean left or right then you have two options. You can reverse it in settings by reversing the Left/Right Ball movement. Alternatively, you can change the device orientation by attaching the necklace or clip to the opposite side of the watch that its currently on in order to flip the crown to the other side. If you want to flip the screen to a certain orientation you can do this in the watch settings.

There are no instructions needed but there are some diagrams on the back of the box that illustrate how the stand moves.  You can just pull on the stand to extend it to so that your laptop sits at eye level.  On the stem of the stand you’ll see two black pieces. On the top black piece there is a black button on the underside. Press that button to extend the stem. All other adjustments just need a bit of force to complete. The Laptop Tower Stand is built for stability so do not worry if it feels stiff, it is supposed to be!

Our Laptop Tower stand requires a bit of elbow grease but that’s because it’s incredibly stable. It is built so that some stress needs to be placed on the joints to position the stand. We have dialed this up tight, so that it holds its shape once placed and can withstand weight. You just need to apply some pressure.

Our Laptop Tower Stands are very versatile. The stands adjusts to any height between 2 and 21 inches and can hold up to 22 lbs or 10 kgs. The base of the Laptop Stand runs 7 inches on the front and 8 inches on the back. The top platform is up to 17 inches. The stands weighs 4 lbs and will fit in a briefcase, backpack or purse.

The Laptop Tower Stands are identical with one exception. The Laptop Tower Stand 2.0 has a platform in the base for your phone or tablet.

Our Laptop Tower Stand should not wobble as it was designed to be very stable. However, a small group of users are heavy handed when typing and that may cause a bit of a wobble. In these rare cases, we would recommend a wireless keyboard. This will preserve your ability to work on your laptop with proper posture and remain ergonomically correct.

If you require a wireless, Bluetooth, portable, folding keyboard please click here to purchase one.

The sticky circles are for you to place under the stand if you want to place it somewhere semi-permanently.

The Allen Key can be used to tighten the platform and/or base of the Laptop Tower Stand in the event that it loosens. The stand is very sturdy and you shouldn't have a problem with it loosening for a very long time, if ever.

You sure can, as well as with Android tablets, iPads, smartphones and laptops.

When open, the keyboard is 13.5 x 4.5 x 0.5 inches.

When folded, the keyboard is 7 x 4.5 x 0.9 inches. It’s slightly larger than a smartphone.

Turn on Power on the keyboard. The blue LED will light up. Press the fn + C pairing button. The blue LED light will start to flash, which means it’s in pairin

Press fn + 1 and then press fn + C to start the connection.

Press fn + 2 and then press fn + C to start the connection.

Press fn + 3 and then press fn + C to start the connection.

First check that the Bluetooth keyboard is in pairing mode, then follow pairing instructions for your device.

The Bluetooth indicator in the upper right corner of the keyboard will slowly flash blue, and the Bluetooth panel of the device will display connected.

1. First check that the BT keyboard is in pairing mode, then follow pairing instructions for your device.
2. When the device connection LED is flashing, this indicates the keyboard is low on power. Connect to a power source as soon as possible.
3. After not being used for a period of time, your keyboard may have entered sleep mode to save power. Press any key on the keyboard to wake up, and the Bluetooth connection will be automatically restored.

Move the BT keyboard away from the source of interference.

Press fn + 1 2 3 to freely switch to the connected devices.

If the LED light is flashing red, your keyboard is low on power. Please connect to a power source as soon as possible.

The keyboard will disconnect if it’s not used for 10 minutes and you should easily be able to press any button to reconnect. If this is not the case, try updating your Bluetooth driver on your computer or updating your computer software.

There is no need for an external mouse as the keyboard has a highly responsive touchpad.

For Windows: Alt + Shift
For iOS: Ctrl + Spacebar
For Android: Shift + Spacebar

The concept surrounds double clicking /tapping and holding the button just as you would a mouse.  Position your cursor over what you would like to drag or resize. Once the cursor is in the correct position, tap and hold on the pad. Tapping selects the object and holding the finger down continues to hold it. With your finger still on the pad, you can drag it anywhere. This process is used to drag and drop as well as resizing.

Double-click the text to enter the selection state, move the cursor to the left or right, and double-click to adjust the amount of text. The second double-click, and the second press must be held down.

You can resize Windows by selecting and dragging by double tapping the mousepad. On the second tap you can then drag the window to resize or move.  This should work on both Macs and Windows.

No this is strictly a Bluetooth keyboard. The USB cable is only to charge the battery and cannot be used to communicate with the keyboard.

My Keyboard is disconnecting or not connecting with my devices

The first thing we need to determine is if the keyboard going into sleep mode when this occurs. If the device goes into sleep mode, the proper way to wake the device up and reconnect it is to hit the space bar one time.

If your issue is occurring WHILE you are using the keyboard, then this would appear to be an issue with the Bluetooth wireless connection. The best way to see if it is the keyboard or your computer is to:

1. Hold down the Shift and Option keys ('Alt' on some keyboards) and at the same time click on the Bluetooth icon in the menu bar.
2. Once the menu is showing, release the keys.
3. From the Bluetooth menu, choose Debug > Remove All Devices.
4. Reboot your Mac, then setup your keyboard as normal. This process will ensure that only the keyboard is connected and not fighting with other Bluetooth devices.

The last thing it could be is to acquire a Bluetooth wireless dongle. It may be possible that this device is outdated and does not work well with the driver of our keyboard. If this is the case my only suggestion is to update your dongle to a new version or update the driver for this device.

You can download the user manual here:
User Manual

Click Here to Download the Chair Assembly Instructions

Due to immediate production scheduling, orders that have entered any stage of production cannot be cancelled. All obVus Solutions chairs are made-to-order, custom designed chairs and are not “off the shelf”. Requests for cancellation are not accepted until confirmed by obVus Solution. Product may only be returned after receiving a Return Merchandise Authorization number from obVus Solutions. Returns are subject to a restocking charge equivalent to 35% of the net order plus freight. Unauthorized returns will be refused.

obVus Solutions’ seating products are manufactured with meticulous attention to detail to achieve a level of quality that is free from defects in material and workmanship. In an effort to stand behind this philosophy, obVus Solutions warrants to the original purchaser of the product and from the original date of sale, the following:

Upholstery fabric, mesh and foam are warranted against wear through and deterioration during normal usage for a period of five (5) years. However, the company does not warrant leather against routine scratching and scuffing, as all leather is subject to minor blemishes during use. COM and COL are not warranted. Due to natural variations in material, furniture containing leather is sold subject to normal variations and/or irregularities of color, texture, and grain.

Limitation of Liability
Under no circumstance, including but not limited to breach of contract, breach of warranty, or negligence, shall obVus Solutions be liable for lost profits, loss of goodwill, stored data, general, special, consequential or exemplary damages, even if obVus Solutions had notice of these damages or they were foreseeable. obVus Solutions shall not be responsible for verifying dealers’ or customers’ description of needs, data, or fitness for a particular purpose of goods. obVus Solutions’s liability in all cases shall be limited to repair or replacement of the defective parts with a comparable product. Should a comparable replacement not be available, obVus Solutions
maximum liability will be limited to the original purchase price of the product. Damages resulting from misuse, abuse, alteration, negligence, or accidents are not covered under this warranty

obVus Solutions makes no warranty that any of its products are suitable for any particular purpose and makes no other warranties, express or implied, other than those set out here. As codes and standards vary from one jurisdiction to another, references to compliance are solely for convenience and without any representation as to accuracy or suitability. Users must verify the suitability of such information or product for their specific application. In no event shall obVus Solutions be liable in either tort or contract for any loss or direct, special, incidental, consequential, or exemplary damages.

If you need further assistance, please contact us a support@obvus.me.

Return & Refund Policy
Thanks for shopping at obVus.me. If you are not entirely satisfied with your purchase, we're here to help.

Returns

STANDARD

You have 30 calendar days to return an item from the delivery date.

To start a return, visit the following link: https://shopify.com/8229945429/account.

If your return is accepted, you should mail your product to: obVus Solutions LLC, 12235 Gorham Ave., Los Angeles CA 90049, United States

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Please note that if your country of residence is not United States, shipping your goods may take longer than expected.

Purchaser is responsible for all shipping costs associated with the return.

You can always contact us for any return questions at support@obvus.me

To be eligible for a return, your item must be in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.

Refunds
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment).

You can expect a full refund to your credit card 7 to 14 days of our receiving your return. It may take up to 30 days to be visible on your credit card statement depending on your card issuer's policies.

Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you require a prepaid label, the cost of return shipping will be deducted from your refund.

Late or missing refunds (if applicable)
If you haven’t received a refund yet:

• First check your bank account again.
• Then contact your credit card company, it may take some time before your refund is officially posted.
• Next contact your bank. There is often some processing time before a refund is posted.
• If you’ve done all of this and you still have not received your refund yet, please contact us at appsupport@obvus.me.

Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange the product for the same item, send us an email at support@obvus.me. obVus will send you a prepaid return label to mail back your product for exchange.

CUSTOM PRODUCTS

Custom Products can not be returned once production has begun. We stand by all of our products. There is a lifetime warranty on materials and craftsmanship.

Shipping Policy
We primarily use UPS and USPS for domestic shipping.

You can choose standard, Expedited and or Priority mail upon check out.

Return Shipping
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you require a prepaid label, the cost of return shipping will be deducted from your refund.

To return your product, you should mail your product to: obVus Solutions LLC, 12235 Gorham Ave., Los Angeles CA 90049, United States

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

All our products come with a 90 day warranty. We always strive to exceed your expectations and want to ensure you are fully satisfied with your purchase.  In the event of a defective item we will ship you a free replacement. It is possible that the original color or pattern you purchased may not be available and a similar color and pattern will be shipped to you.

Terms of Use
Privacy Policy
1. SCOPE OF TERMS & CONDITIONS
Unless otherwise indicated, these Terms and Conditions of Service (“Terms & Conditions”) apply to (i) your use of and/or access to the obVus.com website and/or other websites (collectively, “Website”) which are owned or operated by obVus Solutions LLC or its affiliates (collectively, “obVus”, “we,” “us,” or “our”), including any portions thereof available only to subscribers, and (ii) your use of and/or access to the mobile phone applications which we may own or operate currently or in the future (collectively, the “Mobile App”) and (iii) your use of and or access to any content or information and other online or mobile-enabled technology, digital tools and other services and products provided by us (together with the Website and the Mobile App, collectively, the “Services”). For purposes of these Terms & Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, obVus. The term “Mobile App” shall refer to both the Basic Service and Premium Services (hereinafter defined).
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy and HIPAA Notice, which are incorporated into these Terms & Conditions by this reference.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, obVus DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
You must exercise caution, good sense and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. obVus will investigate any alleged or suspected violations and if a criminal violation is suspected, we may contact and/or cooperate with law enforcement agencies in their investigations.
2. AGREEMENT AND ACKNOWLEDGEMENT
a.
User Agreement
. By using the Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
b.
Changes to Terms & Conditions
. From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective.
c.
Modification of Services.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and (iv) changing any feature or functionality provided by the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
d.
Downloading Mobile App
. You may access the Mobile App which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
3. ELIGIBILITY
We do not permit individuals under 18 years of age to become registered users of our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms & Conditions and to abide by the terms and conditions of these Terms & Conditions.
Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians/other medical professionals, individuals who are pregnant will be unable to use our Services.
Individuals who are currently or have a goal to be at a BMI below 18.5 will be unable to use our Services. According to the Center for Disease Control (CDC), current medical standards indicate a healthy BMI range to be between 18.5-24.9, with a BMI falling below 18.5 to be considered underweight. Weight loss for underweight individuals is not recommended and should be supervised by a medical professional.
4. SUBSCRIPTIONS; BECOMING A PREMIUM SERVICE USER
Our Services consist of a free, limited version Mobile App (“Basic Service”) and premium products with differing functionality based on the subscription level (“Premium Service”). Premium Service typically requires a fee, which is either paid (i) by the user (“Personal Premium Service”) or (ii) by a third party on behalf of the user (“Business Premium Service”). You do not have to become a Premium Service user to use the Services. However, if you are not a Premium Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.
Whether or not you use the Basic Service or the Premium Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
5. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to our Premium Service, you further agree as follows:
a.
Agreement to Pay
.
(i)
Personal Premium Service
. If you are a Personal Premium Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Premium Services may also apply.
(ii)
Business Premium Service
. Business Premium Services are generally purchased by our third party commercial customers (“Business Customers”) for a specified period, as part of this purchase the Business Customer may receive unique activation codes that they can provide to you which allows you to access certain Premium Service features purchased by such Business Customer for a specified period. In such an instance, your access to Premium Service has been paid for by our Business Customer, and you will be able to use Business Premium Service features until the expiration of a specified term agreed between obVus and such Business Customer.
b.
Auto-Renewal
. Unless your Premium Services have been paid for by one of our Business Customers, your Premium Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Premium Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
c.
Cancellation of Personal Premium Service Subscription
. You can cancel your subscription for our Premium Services at any time by contacting customer service at support@obvus.me, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service, your subscription will remain active until the end of your then-current subscription period. Data is retained per HIPAA Compliant guidelines.
d.
No Refund Policy.
(i) All fees and charges assessed by obVus are non-refundable.
(ii)  If you choose to cancel your subscription within your trial period, you will not be charged for the subscription. Your Premium Services will expire within four days from the cancel date, and your account will revert to Basic Services.
(iii) If you terminate your paid subscription for Premium Service after the trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.
e.
Membership through Business Customers
. For Business Premium Services users, the Business Customer paying for your Business Premium Service subscription controls such an account (which may be different from your personal account) and may terminate your access to it. You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Premium Services that were originally provided to you by such Business Customer. If you had Business Premium Service subscriptions paid through a Business Customer but you are no longer eligible to receive such benefit from the Business Customer, it is also possible that your Business Premium Service account will terminate with us, and you will have to sign up for a new account.
f.
Modifications
. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
6. USER ACCOUNT AND SECURITY
In connection with your use of certain features of the Services, you will be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the Services will be current, complete and accurate. As a registered user of the Services, you are entirely responsible for maintaining the confidentiality of your user account information. You may not use the account or user name of any other member at any time. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s user account information.
You are also entirely responsible for any and all activities which occur under your user account. We will not be liable for any loss that you incur as a result of someone else using your account, either with or without your knowledge. You may also be held liable for any losses incurred by obVus, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account.
As a subscriber to our Premium Services, you further agree as follows:
a.
Subscription Data
. For purposes of your use of the Premium Service including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to the Premium Service (“Subscription Data”). We collect different data depending on whether you are a Personal Premium Service User or Business Premium Service User. Please refer to our Privacy Policy and HIPAA Notice for more detailed information on the types of information we collect. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Services (or any portion thereof). You are obligated to check whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data.
b.
One Account Per User
. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website. If your registration or subscription is revoked for any reason (other than in cases where you are switching over from Business Premium Services to Personal Premium Service and vice versa), you agree not to register or subscribe again with our Services using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
7. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM obVus & BUSINESS CUSTOMERS
a.
Legal Communications
. We may send the following to you by email or posting them on the Website and/or the Mobile App: these Terms & Conditions, including legal disclosures; future changes to these Terms & Conditions, Privacy Policy, HIPAA Notice, and other notices, legal communications or disclosures and information related to the Services. Such communications are part of the Services which you cannot opt out of receiving.
b.
Service Announcements
. In using the Services, you may receive periodic electronic communications from obVus regarding the Services, such as new product offers and other information regarding the Website and/or the Mobile App, which are part of the Services and which you cannot opt out of receiving.
c.
Promotional Communications
. You may also receive periodic promotions and other offers or materials obVus believes might be of interest to you. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each message; or (b) changing the messaging preferences in your account.
d.
Business Customer Communications
. If you have a Business Premium Service account (e.g., your Premium Services were purchased by a Business Customer and were offered to you free of charge by such Business Customer), the Business Customer paying for your Business Premium Services may also send periodic electronic communications or post materials on our Mobile App, subject to their applicable terms and conditions and/or privacy policy.
e.
Withdrawing Your Consent
. If you later decide that you do not want to receive future Communications electronically, please send an email to support@obVus.me or a letter to obVus Solutions LLC, Attention: Customer Service, 12235 Gorham Ave., Los Angeles, CA 90049. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and electronically signed by, you prior to the effective date of your withdrawal. If you withdraw your consent to receive Communications electronically, we may terminate your account and/or access to the Service (or any part thereof).
8. PUBLIC FORUM; INFORMATION PROVIDED BY MEMBERS
a.
Definition
. “Public Forum” is any area, site or feature offered as part of the Services (including, but not limited to, chat, message board, blog, groups, emails or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. Except as otherwise provided in our Privacy Policy and HIPAA Notice, all Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same.
b.
obVus Group
. As a subscriber to our Premium Services, you are automatically invited to join and participate in group discussions (“obVus Group”) with other Services users that may be designated as a obVus Group facilitator by obVus (such person or persons, collectively, the “Facilitators”) as well as a coach, who may be an employee or a contractor of obVus, personnel from an unaffiliated third party service provider or personnel from, or designated by, our Business Customer (such person, a “Coach”). obVus Group is a Public Forum, and by using the obVus Group, you may receive electronic communications, including group chat messages and/or private messages from Coaches, Facilitators and other obVus Group members who are members of the same obVus Group. obVus Group members can see your user id and public profile, but will not see your email address. If you do not wish to receive messages from other members, you should opt out of a obVus Group. Whether you transmit any user content via private messaging or group chat feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Services (including any discussion forum and obVus Group) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. obVus DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
c.
Public Profile; Information Provided by Members
. In order to join a obVus Group or access similar services that provide Public Forums or interactions with other members, you may be required to create public profiles, which may contain certain identifying information (such as age, profile photos, location, etc.). In addition, members have the option to post photographs, messages, videos and other information on their public profiles. obVus relies on its members to provide current and accurate information, and obVus does not, and cannot, investigate information contained in member public profiles. Accordingly, we must assume that information contained in each member public profile is current and accurate. obVus DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.
9. LIMITED LICENSE
Subject to your continued compliance with the Terms & Conditions, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.
The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of obVus. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by obVus to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
10. RESTRICTIONS ON USE OF CONTENT
You acknowledge that our Services contain content, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials, including nutritional information contributed to the Food Database (hereinafter defined) (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Services are trademarks of their respective owners. The obVus Marks (hereinafter defined) are tradename and the registered trademark and service mark of obVus Solutions LLC.
Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, phone, tablet or any other mobile device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.
We may at any time suspend your use of the Services and/or remove or disable any Content as to which we reasonably and in good faith believe is in violation of any of these Terms & Conditions. We will provide you with notice of any such suspension or disablement before its implementation unless such suspension or disablement is necessary to comply with legal process, regulation, order or prevent imminent harm to the Services or any third party, in which case we will notify you to the extent allowed by applicable law of such suspension or disablement as soon as reasonably practicable thereafter.
11. FOOD DATABASE AND DISCLAIMER
As part of the Services, obVus may maintain a food database that contains a combination of nutritional information entered directly by obVus and nutritional information entered by obVus’s Services users (“Food Database”). Any Services user can contribute nutritional information to 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.
obVus 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 obVus 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 obVus.
12. USER CONTENT
a.
Definition
. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to the our food database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
b.
Agreement
. You represent and warrant that, when using the Services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
c.
Grant of License
. You hereby grant obVus, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns (collectively, the “obVus Parties”) a royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content.
You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided to the obVus Parties under this section. You also warrant that, to the extent you are not the exclusive holder of all Rights in a User Content, any third party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. You also permit any user to access, display, view, store and reproduce any User Content that you have made available in any Public Forum (including a obVus Group) for personal use. Subject to the foregoing, the owner of a User Content placed on the Services retains any and all Rights that may exist in such User Content. Except as provided in our Privacy Policy and HIPAA Notice, none of the User Content shall be subject to any obligation of confidence on our part, and you agree to waive, and hereby waive, any claims arising from or relating to the exercise by the obVus Parties of the rights granted under this section. You will not be compensated for any exercise of the license granted under this section.
We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur in the event that Content you post or transmit to our Services is removed.
obVus reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if obVus is concerned that you may have violated these Terms & Conditions), or for no reason at all and (ii) to remove, suspend or block any User Content. obVus also reserves the right to access, read, preserve, and disclose any information as obVus reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms & Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of obVus, its users and the public.
You acknowledge that all User Content is the sole responsibility of the person who made such User Content. This means that you are entirely responsible for all User Content that you post, email or otherwise transmit to the Website, the Mobile and the Services. We do not control the User Content posted, emailed or otherwise transmitted on our Services by others and, as such, we do not guarantee the accuracy, integrity or quality of such User Content. Although we have adopted community standards and conduct guidelines for the users of the Services (as described below), you understand that by using the Services, you may be exposed to User Content that are offensive or objectionable.
obVus DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE USER CONTENT, AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER CONTENT (OTHER THAN FOR CONTENT DEVELOPED BY US), INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT POSTED, EMAILED OR OTHERWISE TRANSMITTED TO OR THROUGH THE SERVICES.
13. THIRD-PARTY WEBSITE CONTENT
Certain Contents provided in the Website and/or Mobile App include links to websites of third parties (“Third-Party Websites”), some of whom may have established relationships with obVus and some of whom may not. We do not have control over the content and performance of Third-Party Websites.
obVus HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES AND DOES NOT ENDORSE (AND IS NOT RESPONSIBLE OR LIABLE FOR) ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTY WEBSITES. ACCORDINGLY, obVus DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. obVus DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES AVAILABLE ON ANY THIRD-PARTY WEBSITES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES).
YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.
14. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not (and/or will not use the Website, the Mobile App and/or any part of our Services to):
a. Upload, post, email or otherwise transmit any User Content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identify, or language of an individual or group;
(v) are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(vii) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(viii) contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
d. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent or representative of obVus, our Business Customers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with obVus, our Business Customers or any other person or entity;
e. Provide false, misleading or inaccurate information to obVus or any other member;
f. Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms & Services, create an account on behalf of someone else, or create a false or misleading identity on the Services;
g. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
h. Attempt to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;
i. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services;
j. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of the Services;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Services, including usernames or passwords;
n. Access or attempt to access another user’s account without his or her consent;
o. Reverse engineer, disassemble or decompile the Mobile App, or attempt to discover or recreate the source code for the Mobile App or any portion of the Services; or
p. Assign, transfer or sublicense your rights as a registered user of the Services.
Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Coaches and/or other users in a obVus Group) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS DECENCY ACT OF 1996, obVus IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
15. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP 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. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
a.
No Doctor-Patient Relationship
. Any and all services provided by, in and/or through the Services are for informational purposes only. obVus is not a medical professional, and obVus does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information 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 Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE obVus PARTIES (INCLUDING, WITHOUT LIMITATION, COACHES) OR ANY OF obVus SERVICE USERS).
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 weight loss effort regimen, physical activities or any other plans that may be referenced, discussed or offered under 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 purpose 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 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.
b. Virtual Coaching Service Disclaimer.  If you are a Premium Service user, you may have access to personal coaching services (“Virtual Coaching Service”). If you have access to our Virtual Coaching Service, you will be able to interact with a Coach. A Coach will assist his/her users in developing skills to help them achieve their health related goals. obVus may, in its sole discretion, engage or replace any Coach with another without notice to the Virtual Coaching Service users.
The services provided by our Virtual Coaching Service are not medical, mental health or any other type of health service. Virtual Coaching Service is not psychotherapy or mental health counseling. No diagnosis or treatment of, or advice regarding, any medical or mental health condition or illness will be offered. The Virtual Coaching Service cannot substitute for, and is not an alternative to, medical, psychiatric, psychological, psychotherapy or other healthcare diagnosis and treatment when a medical or mental health condition or illness is present. You are advised to seek diagnosis, treatment and advice regarding medical or mental conditions or illnesses from physicians practicing medicine, psychotherapists, psychologists and other licensed healthcare and mental health professionals.
obVus Groups led by a Coach(es) are designed to provide individuals with education, information and personal support from peers and the group leader regarding your health-related issues and goals. For example, a Business Customer, a healthcare provider, may contract obVus to provide Business Premium Services and ask you to use our Services to track your medical treatments and progress. In such case, your Coach may provide general information about psychological and emotional issues related to health conditions, medical treatments, success stories, and health-related goals in order to help you adhere to the specific regimen prescribed by your physician. However, Coaches are not allowed to use the Virtual Coaching Service to engage in rendering any type of psychological or healthcare advice for any individual or for his or her particular situation. Under no circumstances will any of your interactions with any Coach or any User of the Services be deemed or construed to create a physician-patient relationship or a fiduciary duty of any kind whatsoever.  IF obVus BECOMES AWARE OF OR SUSPECTS ANY MEDICAL OR MENTAL CONDITIONS OR ILLNESS, obVus MAY, AT ITS SOLE DISCRETION, TERMINATE ALL OR ANY PORTION OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
16. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
obVus EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY obVus GROUP OR YOUR INTERACTIONS WITH ANY FACILITATOR OR COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT obVus IS NOT OBLIGATED IN ANY WAY TO (A) SCREEN ITS MEMBERS, (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. obVus DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU.
17. DISCLAIMERS OF WARRANTIES
obVus, ON BEHALF OF ITSELF AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS PROVIDED IN THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, obVus, ON BEHALF OF ITSELF, AND ITS AFFILIATES AND ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.  NEITHER obVus, ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE APPLICATIONS OR ANY FUNCTION CONTAINED IN THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS OR THE SERVERS THAT MAKE THE APPLICATIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER obVus, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, BUSINESS CUSTOMERS, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
18. THIRD-PARTY PRODUCTS, SERVICES AND DATA COLLECTION
Certain features, aspects, software products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). In order to use Third-Party Services, you may be required to enter into additional terms and conditions with Third-Party Service Providers. Our Terms & Conditions apply only to the Services, and not to the apps of any other person or entity, and your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the third party license applicable to such Third-Party Services. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products or other materials on or available from such apps or resources.  In the event of a conflict between the terms of these Terms & Conditions and the terms of such third party licenses, the terms of the third party licenses shall control with regard to your use of the relevant Third Party Service.
You further acknowledge and agree that a Third-Party Service Provider may collect and use certain information about you, which may include your personal information and (“Protected Health Information”). Any exchange of data, including Protected Health Information, or other interaction between you and a provider of a Third Party Services is solely between you and Third-Party Service Provider. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. If you do not understand or do not agree to the terms of a Third-Party Service Provider’s privacy policy, you should not use the related third-party services.
obVus DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM (I) YOUR USE OF OR RELIANCE ON, ANY CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES AVAILABLE ON ANY SUCH SERVICES OR RESOURCES (REGARDLESS OF WHETHER WE DIRECTLY OR INDIRECTLY LINK TO SUCH CONTENT, ADVERTISEMENTS, PRODUCTS OR OTHER RESOURCES) OR (II) YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL obVus, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE, OUR APPLICATIONS OR APPLICATIONS LINKED TO OUR APPLICATIONS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY obVus, ITS AFFILIATES AND ANY OF obVus’ AND ITS AFFILIATES’ OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES.
YOU UNDERSTAND AND AGREE THAT THE CANCELLATION OR TERMINATION OF YOUR SUBSCRIPTION IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH US INCLUDING, WITHOUT LIMITATION, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (I) THESE TERMS & CONDITIONS OR OUR ENFORCEMENT OR APPLICATION THEREOF; (II) ANY PRACTICE OR POLICY OF obVus INCLUDING THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY, OR OUR ENFORCEMENT OR APPLICATION OF THESE POLICIES; (III) THE CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR APPLICATIONS OR ANY CHANGE IN CONTENT PROVIDED THROUGH THE WEBSITE AND/OR APPLICATIONS THROUGH THE SERVICES; (IV) YOUR ABILITY TO ACCESS AND/OR USE OUR WEBSITE AND/OR APPLICATIONS; OR (V) THE AMOUNT OR TYPES OF OUR FEES OR CHARGES, SURCHARGES, APPLICABLE TAXES, OR BILLING METHODS, OR ANY CHANGE TO OUR FEES OR CHARGES, APPLICABLE TAXES, OR BILLING METHODS.
THE MAXIMUM LIABILITY OF obVus AND ITS AFFILIATES AND ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN obVus AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES, OR THESE TERMS & CONDITIONS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.
20. INTELLECTUAL PROPERTY
a.
Software
. You acknowledge and agree that the Services and all intellectual property rights associated therewith are, and shall remain, the property of obVus (and, where applicable, its licensors). Furthermore, you acknowledge and agree that the source and object code of the Website and/or Mobile App and the format, directories, queries, algorithms, structure and organization of the Website and/or Mobile App are the intellectual property and proprietary and confidential information of obVus and its affiliates, licensors and suppliers. Except as expressly stated in these Terms & Conditions, you are not granted any intellectual property rights in or to the Services by implication, estoppel or other legal theory, and all rights in and to the Services not expressly granted in these Terms & Conditions are hereby reserved and retained by obVus.
b.
Trademarks
.  obVus, obVus.me, obVus Health and the obVus logo (collectively, the “obVus Marks”) are trademarks or registered trademarks of obVus Solutions LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website, Mobile App or in other Content provided to you may be the trademarks of third-parties. Neither your use of the Services, nor these Terms & Conditions, grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the obVus Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the obVus Marks generated as a result of your use of the Services will inure to the benefit of obVus Solutions LLC, and you agree to assign, and hereby do assign, all such goodwill to obVus Solutions LLC. You shall not at any time, nor shall you assist others to, challenge obVus’s right, title, or interest in or to, or the validity of, the obVus Marks.
c.
Copyrighted Materials; Copyright Notice.
  All content and other materials available through the Services, including without limitation the obVus logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by obVus or are the property of obVus’s licensors and suppliers. Except as explicitly provided, neither your use of the Services nor these Terms & Conditions grant you any right, title or interest in or to any such content or materials.
d.
Copyright Complaints
.  We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Services (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you have evidence, know, or have a good faith belief that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
(i) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
(ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website and/or Mobile App are covered by a single notification, a representative list of such works);
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website and/or Mobile App;
(iv) your name, mailing address, telephone number and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to the Services should be sent to our designated agent for notice of claims of copyright infringement: Copyright Agent, 12235 Gorham Ave., Los Angeles, CA 90049, or via email at appsupport@obVus.me.
21. INDEMNIFICATION
Without limiting any indemnification provisions of these Terms & Conditions, you agree to indemnify, hold harmless and, at our option, defend obVus and our affiliates, and our and their respective officers, directors, members, employees, stockholders, managers, agents and representatives (collectively, “obVus Indemnified Parties”) from any and all third party claims, actions, demands, causes of action, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) (collectively, “Claims”) arising from (i) your improper use of the Services or our products or offerings, (ii) your violation of these Terms & Conditions, (iii) your provision to obVus or any of the Indemnified Parties of information or other data, (iv) your infringement or alleged infringement, or the infringement or use (or alleged infringement or alleged use) by any other user of your account, of any intellectual property or other right of any person or entity, or (v) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
22. GOVERNING LAW AND VENUE
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in California County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
23. TERM AND TERMINATION
a.
Termination
.  These Terms & Conditions will remain in full force and effect while you use our Services (including our Website and Mobile Apps). We may terminate your use of, or access to, the Service in accordance with these Terms & Conditions.
b.
Effect of Termination; Survival
.  Termination of these Terms & Conditions automatically terminates all rights and licenses granted to you under these Terms & Conditions, including all rights to use the Services, except that all terms that by their nature may survive termination shall be deemed to survive such termination (including, without limitation, intellectual property, disclaimers, limitations of liability, User Content license, governing law and venue). Subsequent to termination, obVus reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.
c.
Legal Action
.  If we, in our sole discretion, take legal action against you in connection with any actual or suspected breach of these Terms & Conditions, we will be entitled to recover from you as part of such legal action, and you agree to pay, our reasonable costs and attorneys’ fees incurred as a result of such legal action. The obVus Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of these Terms & Conditions.
24. MISCELLANEOUS TERMS

If any provision of these terms shall be found by a court of competent jurisdiction to be unlawful, invalid, void or voidable, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

24. RESEARCH POLICY
We are committed to validating our approach to lifelong behavior change using science. We never sell any of your information without your prior written authorization and publish only aggregated data.
By using our services, you are consenting to any or all of obVus’s current studies listed below:

1. obVus Longitudinal Trial (For users signing upon on or after June 1, 2016 will be automatically enrolled unless otherwise opted out)

You have the right to opt-out of research. If you would not like your information used in our studies, please fill out this form.
Last Updated: August 30, 2022