Terms of Use
1. Introduction
These Terms of Use (the “Terms“) apply to your access and use of our mobile application “Agevia” (the “App”), our websites (including but not limited to agevia.app, agevia.tech), our blog, and all related services, features, materials, and content available for your use (collectively the “Service“) provided by Extramile Limited, a company incorporated in Cyprus, company number ΗΕ 445953, whose registered office is located at Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus (“we”, “us”, “our” or the “Company”).
If you have any questions about the Terms or our Service, please contact us at support@agevia.app.
Depending on your location, the platform through which you access the Service, or other relevant factors, your subscription or purchase may be sold to you by Extramile's authorized Reseller and Seller of Record: Fulfilling Inc., a company incorporated in Delaware, USA, with its registered address at 1007 N Orange St., 4th Floor, Suite 1382, Wilmington, New Castle, DE 19801. Where your subscription or purchase is completed through Fulfilling Inc., this entity is your contractual counterparty for the commercial transaction and is directly responsible for billing, payment collection, subscription activation, and the management of refunds, customer support claims, and payment disputes.
Access to the underlying App is developed and provided via license by Extramile Limited. Both Extramile Limited and Fulfilling Inc. ensure the delivery and performance of the Service in accordance with these Terms, and each entity assumes distinct liability for its respective operational obligations to the consumer.
IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS
THIS SERVICE INCLUDES AUTO-RENEWING SUBSCRIPTIONS. BY STARTING A TRIAL OR COMPLETING A PURCHASE, YOU AGREE THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS CANCELLED AT LEAST TWENTY-FOUR (24) HOURS BEFORE RENEWAL.
IF YOU DO NOT CANCEL IN TIME, THE APPLICABLE FEE WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD. DELETING THE APP OR YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. TO STOP RENEWAL, YOU MUST CANCEL SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS ON THE APP STORE, GOOGLE PLAY, OR WEBSITE, DEPENDING ON WHERE YOU SUBSCRIBED.
FOR MORE DETAILS, SEE SECTION 6 – SUBSCRIPTION TERMS AND RENEWALS.
2. Binding Arbitration and Dispute Resolution Notice
These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis.
Additional Key Provisions:
CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.
DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.
LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses.
It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
3. Changes to These Terms
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the “Effective Date” accordingly. At our discretion, we may also notify you of significant changes.
If you do not agree with any updated Terms, you must stop using the Service, delete your account, or cancel your subscription before the Effective Date. Your continued use after changes is implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
4. Important Disclaimers
Our Service provides tools and resources to support your overall wellness, longevity, and healthspan journey. By using our Service, you acknowledge and agree to the following disclaimers.
No Professional Medical or Healthcare Advice. Our Service is not a medical device and is not intended to diagnose, treat, cure, mitigate, monitor, or prevent any disease, condition, disorder, or injury. The Service is designed to assist you in achieving your wellness goals, but it is not a substitute for professional medical or healthcare advice. We are not licensed healthcare providers or medical professionals, and we do not claim expertise in diagnosing, treating, or preventing any medical conditions.
Regulatory Status. Our Service and its features are strictly intended for general wellness and healthspan support. The Service is not cleared, approved, certified, or regulated as a medical device, diagnostic tool, or healthcare product by the U.S. Food and Drug Administration (FDA), under the European Union Medical Devices Regulation (EU) 2017/745 (MDR), the UK Medical Devices Regulations, or by any other applicable health regulatory authority. Any features, insights, or assessments provided through the Service are for wellness and informational purposes only and should not be used as a substitute for professional medical advice or treatment.
No Physician-Patient Relationship. You acknowledge that no physician-patient, doctor-patient, therapist-patient, or any other professional healthcare relationship is established through the use of our Service, and the Service may not be appropriate for everyone.
Contact a Healthcare Professional. Never disregard professional medical advice or delay seeking it due to something you have read or accessed through our Service. Always consult a licensed medical professional for any health-related concerns, decisions, or conditions and before making any significant lifestyle changes, including but not limited to starting any nutrition, sleep optimization, physical movement, stress management, or social connection programs.
Pre-Existing Conditions. Our Service is not intended for individuals with medical conditions requiring professional supervision. If you have pre-existing health concerns, including but not limited to cardiovascular disease, respiratory issues, orthopedic conditions, pregnancy, or any chronic illness - consult a medical professional before using our Service. We are not liable for any injuries, adverse effects, or complications resulting from your participation in any activity or wellness programs provided through the Service.
Not an Emergency System. Our Service is not an emergency response system. If you experience a medical crisis, chest pains, dizziness, shortness of breath, severe discomfort, or suspect a medical emergency, you must immediately contact your local emergency services.
AI Assistant. Our Service may utilize proprietary artificial intelligence (AI), machine learning algorithms, and third-party AI technology integrations (including but not limited to the OpenAI API) to analyse your onboarding inputs, behavioural logs, and third-party wearable data to generate personalized longevity plans, scores, and wellness recommendations. AI-generated outputs are probabilistic in nature and may produce inaccurate, incomplete, outdated, misleading, or inappropriate information. You must independently evaluate any AI-generated recommendation and must not rely on such outputs as a substitute for professional medical, healthcare, nutritional, psychological, or fitness advice. The AI has no clinical context regarding your unique medical history. You explicitly acknowledge that AI technology is subject to inherent limitations. AI-generated text or recommendations may contain factual errors, logical inconsistencies, omissions, or “hallucinations” (seemingly realistic but entirely incorrect information). To generate personalized longevity scores, your behavioural data and non-identifiable wearable metrics may be processed through third-party AI APIs in a secure, encrypted manner. To learn more, please use our Privacy Policy.
Accuracy. We do not guarantee the accuracy, completeness, or reliability of any information or features accessed through our Service. We make no promises, representations, or guarantees regarding specific health outcomes, lifespan extension, or biometric improvements. Any longevity score, biological age estimate, wellness score, readiness score, healthspan indicator, or similar metric is an informational approximation only and should not be interpreted as a medical assessment, diagnosis, prognosis, or prediction of future health outcomes. Any tracking tools, assessments, or generated insights within the App are not medical-grade devices or diagnostic tools. While they may assist in monitoring general wellness, they do not provide clinically accurate measurements and should not be used as a basis for medical decision-making.
Evolving Scientific Research. Longevity, healthspan, wellness, and preventive-health research is an evolving field. Scientific understanding, consensus positions, and best practices may change over time. We do not warrant that any information, recommendations, or educational materials available through the Service reflect the most current scientific developments.
Personalized Recommendations and Results. While we strive to deliver personalized behavioural suggestions based on your onboarding inputs and wearable health metrics, these suggestions are not exhaustive, and individual health span or life span results will vary drastically. Your success with any longevity or wellness program depends on numerous complex variables, including your baseline genetic profile, underlying medical history, environment, compliance, and daily lifestyle choices. Any testimonials, case studies, or user examples provided within our marketing materials or the App are purely illustrative. They do not constitute a promise, assurance, or guarantee that you will achieve similar results. Past performance or health metrics achieved by others do not predict or guarantee your future outcomes.
Your responsibility. By using our Service, you acknowledge that all decisions regarding your health, wellness, nutrition, lifestyle, and medical care remain solely your responsibility, and any actions taken based on information provided through the Service are undertaken voluntarily and at your own risk. Changing your physical activity, dietary habits, or sleep schedules carries inherent physical and psychological risks, including but not limited to injury, strain, exhaustion, or exacerbation of pre-existing conditions. By choosing to use or rely on any such information, Content, or User Content, you do so voluntarily and assume full responsibility and risk.
5. Registration and Eligibility
Age Restrictions. The Service is intended solely for individuals who are at least eighteen (18) years old, or such higher minimum age as may be required under applicable law. By accessing or using the Service, you represent and warrant that you satisfy the applicable age requirement and have the legal capacity to enter into these Terms. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us at support@agevia.app, and we will take necessary actions to address the issue.
Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service.
You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others is expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account.
If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at support@agevia.app.
If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf. Each Account is personal to the registered user and may not be shared with any other individual. Personalized recommendations, scores, and wellness insights are generated based on data associated with the registered user only.
6. Subscriptions
General Information
Certain features of the Service are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay.
We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate may apply to the current billing period, any future billing periods, and any renewal (rebilling) periods, and may be modified or withdrawn at our discretion. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases.
Trial Subscriptions
Where a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately.
AUTOMATIC CONVERSION TO PAID SUBSCRIPTION:
UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS.
Subscription Terms and Renewals
How renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you.
Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund.
Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at support@agevia.app before the renewal date.
Pricing and Fee Changes. We may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated.
Payment and Billing
Authorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date.
Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google.
Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout.
Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access.
Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained.
Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at support@agevia.app within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account.
Refunds and Cancellation Policy
Depending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them.
If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning. Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right.
If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting. You are entitled to a full refund.
If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund.
If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section. You are entitled to a full refund.
If you are resident in California or Connecticut, you may cancel your subscription within three business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part.
Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request at support@agevia.app, or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link.
Automatic Renewal Notices for Certain U.S. Residents. Residents of certain U.S. states may be entitled to additional disclosures and renewal reminders under applicable automatic renewal laws.
California Residents. If you are a resident of California, this Section is provided in accordance with California's Automatic Renewal Law (Cal. Bus. & Prof. Code §§ 17600–17606). Your subscription will automatically renew at the end of the applicable subscription period unless cancelled before the renewal date. The renewal terms, recurring charges, billing frequency, and cancellation instructions are presented to you before purchase and remain available through your account settings. Where required by law, we will provide notice of any material changes to the renewal terms, including price increases, before such changes become effective.
New York Residents. If you are a resident of New York and your subscription has an initial term of one (1) year or longer and renews automatically, we will provide advance notice of the upcoming renewal in accordance with New York General Obligations Law § 5-903. Such notice will be delivered to the email address associated with your account no fewer than fifteen (15) days and no more than forty-five (45) days before the applicable cancellation deadline and will include information regarding the renewal and available cancellation methods. By using our automatic renewal services, you consent to receive such notifications according to applicable New York law.
Illinois Residents. If you are a resident of Illinois, this Section is provided in accordance with the Illinois Automatic Contract Renewal Act (815 ILCS 601/1 et seq.). For subscriptions with an initial term of one (1) year or longer that automatically renew for a period exceeding one (1) month, we will provide clear and conspicuous notice of the automatic renewal and your right to cancel. Such notice will be provided no fewer than thirty (30) days and no more than sixty (60) days before the applicable cancellation deadline.
Delaware Residents. If you are a resident of Delaware, this Section is provided in accordance with 6 Del. C. § 2731 et seq. For subscriptions with an initial term of one (1) year or longer that automatically renew for a period exceeding one (1) month, we will provide written notice of the upcoming renewal no fewer than thirty (30) days and no more than sixty (60) days before the applicable cancellation deadline. Such notice will be sent to the email address associated with your account and will include information regarding available cancellation methods.
Oregon Residents. If you are a resident of Oregon, this Section is provided in accordance with ORS § 646A.295. The automatic renewal terms applicable to your subscription are disclosed prior to purchase. You may cancel your subscription at any time using the cancellation methods described in these Terms. For subscriptions with an initial term of one (1) year or longer, we will provide any renewal notices required under applicable Oregon law before the applicable cancellation deadline.
Texas Residents. If you are a resident of Texas, this Section is provided in accordance with Texas Business & Commerce Code § 601.001 et seq. For subscriptions with an initial term of one (1) year or longer that automatically renew, we will provide written notice of the upcoming renewal no earlier than ninety (90) days and no later than thirty (30) days before the applicable cancellation deadline. Such notice will be delivered to the contact information associated with your account.
Utah Residents. If you are a resident of Utah, this Section is provided in accordance with Utah Code § 13-70-201 and related provisions. For subscriptions that automatically renew for a subsequent term exceeding forty-five (45) days, we will provide a clear and conspicuous renewal notice no fewer than thirty (30) days and no more than sixty (60) days before the renewal date. Such notice will include the renewal date, renewal cost, and available cancellation methods. Where a subscription includes a free trial period, we will provide any notices required by applicable Utah law before the expiration of the free trial, including information regarding the upcoming charge and available cancellation methods.
To exercise any of the statutory rights described above, please contact us at support@agevia.app or use the cancellation method applicable to your purchase as further described in this Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction.
App Store or Google Play Purchases: If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process.
Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify.
Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone.
Refund Processing. Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess.
IMPORTANT: UNINSTALLING THE APP OR DELETING YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. RECURRING CHARGES WILL CONTINUE UNTIL YOU ACTIVELY CANCEL AUTO-RENEWAL USING ONE OF THE METHODS BELOW. YOU MUST CANCEL BEFORE THE START OF YOUR NEXT BILLING PERIOD TO AVOID BEING CHARGED FOR THAT PERIOD.
To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends. Where you are exercising a statutory right, the cancellation rules specific to your jurisdiction apply, and you may be entitled to cancel with immediate effect or with a refund regardless of where you are in the billing cycle.
Website subscriptions. You may cancel a subscription purchased through our website by either of the following methods:
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In-account cancellation: Log in to your account → open the Web Profile → navigate to the Subscriptions tab → select “Turn off auto-renewal”;
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By request: Submit a cancellation request via support@agevia.app. We will confirm receipt and process your cancellation promptly.
Both methods are available 24 hours a day, 7 days a week.
For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions.
For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page.
EU and UK — withdrawal button. If you are resident in an EU member state or the United Kingdom, a withdrawal mechanism is accessible throughout the statutory withdrawal period and is labelled clearly as a cancellation or withdrawal option. You may use it at any time during the 14-day period referred to in Section 6 without needing to provide a reason. To exercise your right of withdrawal, where applicable, you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by:
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submitting your notice via support@agevia.app;
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sending a written notice by post to one of the following addresses:
Extramile Limited, Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus
Fulfilling Inc., 1007 N Orange St., 4th Floor, Ste 1382, Wilmington, New Castle, DE 19801, USA
Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal:
I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Date:
*Delete as applicable.
Challenges
From time to time, we may offer various challenges. If you purchased a subscription through our websites (including but not limited to agevia.app, agevia.tech), in conjunction with a promotional offer such as “Complete Your 30-Day Program and Get a Full Refund”) (hereinafter referred to as the “Promotional Offer”) you may be qualified for a refund by fulfilling all the conditions described below. For the purposes of these Terms, the term “Challenge” refers to the specific set of daily goals defined within the applicable Promotional Offer.
Eligibility and Completion Requirements. You must complete your Challenge within sixty (60) calendar days from the date of subscription purchase. To successfully complete the Challenge, you are required to fulfill all daily goals for 28 consecutive days without interruption.
Here are a few illustrative cases:
Eligible: Subscription purchased on December 15; Challenge started on December 26; completed for 30 consecutive days. Refund applicable.
Ineligible: Subscription purchased on December 15; Challenge started on December 26; completed 15 days consecutively, missed one day, then completed 15 more days. Refund is not applicable due to non-continuous completion.
Ineligible: Subscription purchased on December 15; Challenge started on February 20; completed for 30 consecutive days. Refund is not applicable due to exceeding the 60-day period from purchase of the subscription.
Ineligible: Subscription purchased without a Promotional Offer. Refund is not applicable as no Promotional Offer was provided.
Submission of Refund Request. After completing the Challenge, you must:
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Contact us within thirty (30) calendar days of Challenge completion through the designated form at support@agevia.app.
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Provide the email used for subscription purchase.
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Describe briefly the reason for the refund request.
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Attach screenshots from the App, showing daily goal progress using the following way:
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open the My Program tab;
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scroll to the top if needed; and
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take a screenshot with the overall program progress (30/30) and 30 days streak visible on the screen.
Ensure that the screenshot clearly displays the green checkmarks for all 30 days.
Here are a few illustrative cases:
Eligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via support@agevia.app, provided the email used during the subscription purchase, described the refund reason, and attached screenshots showing daily progress on Day 1 and Day 30. Refund applicable.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via support@agevia.app, but failed to attach required screenshots or submitted incorrect screenshots. Refund is not applicable as the required visual proof of Challenge completion was not submitted correctly.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Used a method other than support@agevia.app to contact us, though provided an email address, refund description, and screenshots. Refund is not applicable due to the use of an incorrect communication method.
Ineligible: Subscription purchased on Dec 15; Challenge started on Dec 25; completed for 30 consecutive days. Contacted us via support@agevia.app, but did not provide the email address used for subscription purchase and/or failed to describe the refund reason. Attached are screenshots correctly. Refund is not applicable due to incomplete refund request details.
Refund for 7-Day Subscriptions. If you purchased a 7-day subscription and renewed it once, you may be eligible for a refund covering both the initial subscription and the first renewal. Refunds will only be processed to the original payment method used at the time of purchase.
Additional Provisions:
Refund amount is capped at USD 35.00. Refunds are processed to the original payment method.
REFUND APPLIES ONLY TO THE FIRST SUBSCRIPTION PAYMENT. SUBSEQUENT PAYMENTS, INCLUDING RENEWALS OR ADDITIONAL OFFERS, ARE NON-REFUNDABLE.
AUTO-RENEWAL REMAINS ACTIVE UNLESS EXPLICITLY CANCELLED BEFORE THE RENEWAL DATE SPECIFIED IN YOUR CONFIRMATION EMAIL.
YOU ARE ELIGIBLE FOR THE CHALLENGE ONLY ONCE. RE-PURCHASING A SUBSCRIPTION AFTER RECEIVING A REFUND DISQUALIFIES YOU FROM FURTHER PARTICIPATION.
VIOLATION OF ANY TERMS OR RULES ASSOCIATED WITH THE PROMOTIONAL OFFER OR THESE TERMS MAY RESULT IN DISQUALIFICATION FROM A REFUND.
7. Your Use of the Service
User Acknowledgment and Responsibilities. By using the Service, you acknowledge and agree that certain features of the App require access to specific permissions on your device, such as storage, location, or other system settings. You understand and accept that without granting these necessary permissions, the App may not function as intended, and certain features may be unavailable or limited. You agree to provide the required access at your own risk and understand that any misuse or unauthorized access to your device through the App is solely your responsibility.
Your Representations and Warranties. By accessing or using the Service, you represent, warrant and agree that:
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You have the legal capacity to enter into these Terms and agree to comply with them fully.
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You are at least 18 years of age or the age of majority in your jurisdiction, if higher.
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All information you provide to us in connection with your use of the Service is true, accurate, and complete.
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You will not use the Service for any illegal or unauthorized purposes and will ensure your use complies with all applicable laws and regulations regarding privacy, security, and location tracking in your jurisdiction.
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You will not misuse the Service or any Content made available through it, including engaging in unauthorized tracking, surveillance, or data collection that infringes upon the rights of others.
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You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List or the U.S. Department of Commerce Denied Persons List or Entity List.
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You are not an individual or associated with any entity designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010) or any equivalent legislation.
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You agree to comply with all applicable export and re-export control laws and regulations, including those of the United States, the United Kingdom, and any other relevant jurisdictions. This includes restrictions on the transfer of goods, software (including the Service), technology, and services.
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The availability and functionality of the App depend on the third-party platform from which you downloaded it (e.g., the Apple App Store or Google Play Store, collectively, "App Stores"). You agree to pay any applicable fees required by the App Store and to comply with its terms, conditions, and policies. The App Stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
Your Permitted Use of the Service. We allow you to use the Service exclusively for your personal, non-commercial purposes, as intended and defined by us. Any use of the Service for commercial activities, or any purpose not expressly authorized or approved by us, is strictly prohibited.
Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful or unauthorized purposes, or in a manner that violates these Terms, including but not limited to:
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developing, operating, or assisting in the development or operation of a product, service, or software that competes with or serves as a substitute for the Service;
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engaging in activities that could damage, disable, overburden, or impair the functionality of the Service or its underlying systems, or interfere with another user’s access to or enjoyment of the Service;
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conducting any fraudulent, deceptive, or harmful activities, including uploading or distributing viruses, worms, trojan horses, or other malicious code designed to disrupt or harm the Service, users, or third parties;
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copying, adapting, altering, modifying, translating, or creating derivative works based on the Service or any part thereof, without prior written permission from us;
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engaging in unauthorized framing of or linking to the Service, or embedding it within another service without our permission;
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reverse engineering, decompiling, disassembling, or otherwise attempting to extract source code or underlying ideas from the Service, except as explicitly permitted by applicable law;
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attempting to bypass, disable, or interfere with security features or technological protections of the Service;
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removing, obscuring, or altering any copyright, trademark, or other proprietary notices contained within the Service;
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using the Service for any revenue-generating, commercial, or promotional purpose without our express written approval;
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sharing, sublicensing, assigning, selling, renting, leasing, or otherwise transferring your access to the Service or its Content to others without authorization;
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conducting, facilitating, authorizing, or permitting any text or data mining or web scraping activities in connection with our Service. This prohibition includes, but is not limited to, the use of any automated tools, including “robots”, “bots”, “spiders”, “scrapers”, or similar programs, algorithms, or processes to: (i) access, obtain, copy, monitor, or republish any portion of the website, its content, data, or Service; or (ii) analyze text or data in digital form to derive patterns, trends, correlations, or other insights. This clause constitutes an express reservation of our rights concerning text and data mining or web scraping. Where applicable law prevents us from restricting or excluding such activities by contract, this clause shall only apply to the extent permitted by law.
Right to Refuse or Terminate Access. We reserve the right, at our sole discretion, to refuse, restrict, suspend, or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we determine that: (a) any information you have provided is false, inaccurate, outdated, or incomplete; (b) you have violated or are reasonably suspected of violating these Terms, applicable laws, or the rights of any third party; (c) your conduct may harm us, our affiliates, users, or partners; or (d) your use of the Service poses a security, operational, reputational, or legal risk.
We further reserve the right to refuse the creation of new accounts or to block access from specific devices, IP addresses, or user credentials to protect the integrity and security of the Service. You agree that we shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Service.
Termination or suspension shall not limit or affect any other remedies available to us under applicable law or equity.
8. Limited Licence to the Service
Ownership of Service and Content. The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by us, licence from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Company or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors.
Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access, stream, or temporarily download Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content.
Trademarks and Brand Features. The name “Extramile Limited”, the Extramile Limited logo, and all related names, designs, slogans, and product or service identifiers are trademarks and service marks owned by us. You may not use any Extramile Limited mark in any manner that could cause confusion, dilute the brand, or suggest endorsement without our prior written consent. All third-party trademarks, logos, and brand names appearing on the Service are the property of their respective owners. No rights are granted to you in those marks.
9. User Content
Ownership of User Content. You retain all rights, title, and interest in and to any content, materials, or communications you create, upload, post, transmit, or otherwise make available through the Service (“User Content”). User Content includes, without limitation, text, comments, messages, feedback, reviews, images, audio or video materials, and any other materials you contribute. By submitting User Content, you represent and warrant that you are the creator and sole owner of such content, or that you have obtained all necessary licences, rights, consents, and permissions to grant the rights described in these Terms without violating or infringing any third party’s intellectual property, privacy, or moral rights. We do not claim ownership of your User Content. However, by submitting or making User Content available through the Service, you acknowledge that other users may view, interact with, or share your User Content subject to the functionality of the Service and your privacy settings.
Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy.
Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein.
Content Moderation and Removal. All User Content and assumes no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at its sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assumes no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting via support@agevia.app.
Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact us at support@agevia.app and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law.
Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.
10. Warranty Disclaimer
General Disclaimer. The Service, including the App and all related Content, features, and functionality, is provided on an “as is” and “as available” basis, without any representations, warranties, or guarantees of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
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Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
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Warranties arising from course of performance, trade, or usage; and
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Warranties regarding the accuracy, reliability, or availability of the Service.
We and our directors, employees, agents, representatives, and suppliers, do not guarantee that:
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The Service will be secure, uninterrupted, error-free, or available at any specific time or location;
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Any defects or errors will be corrected;
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The Service or its content will be free of viruses, malware, or other harmful components;
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The results obtained from using the Service will meet your expectations; or
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Content or communications provided by third parties or users through the Service will be accurate, reliable, or complete.
Your use of the Service is entirely at your own risk.
Additional Disclaimers.
We reserve the right, at our sole discretion, to modify, update, suspend, or discontinue the Service or any part thereof at any time without prior notice. We are not liable for any disruptions or losses resulting from such actions. Furthermore, we are under no obligation to screen or monitor any Content or User Content, and do not guarantee that any Content or User Content available on the Service will be suitable for all users or remain available for any specific duration. Certain features, Content or User Content may not be available in your region and may vary by jurisdiction.
The Service is not intended to provide financial, medical, legal, or other professional advice. Any information provided through the Service is for informational purposes only and should not be relied upon as a substitute for professional consultation.
You are solely responsible for your interactions with other users and for any reliance on Content or User Content accessed through the Service. We disclaim all liability for disputes, damages, or losses arising from such interactions.
Outputs from our AI Assistant are used at your sole risk. They should not be relied upon as your sole source of accurate information or as a substitute for professional advice.
Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws.
Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, USE, DATA, OR GOODWILL. SUCH EXCLUSIONS APPLY REGARDLESS OF WHETHER THE LIABILITY ARISES FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU HAVE ACTUALLY PAID TO US FOR USE OF THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THESE LIMITATIONS ARE SUBJECT TO JURISDICTIONAL VARIATIONS, AND SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THESE TERMS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
CALIFORNIA RELEASE AND WAIVER
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.
12. Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us, including our subsidiaries, affiliates, successors, officers, directors, employees, agents, contractors, partners, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
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Your use or misuse of the Service or User Content;
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Your violation of these Terms or any applicable policies;
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Your violation of the rights of any third party, including intellectual property rights, privacy rights, or other proprietary rights;
We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification under these Terms. You agree to cooperate fully with our defence of such claims. You may not settle any claim without our prior written consent, and we will make reasonable efforts to notify you of any claim, action, or proceeding as soon as we become aware of it.
13. Third-Party Services
The Service may display, integrate with, or provide access to third-party websites, applications, wearable devices, APIs, advertisements, content, software, social-media features, promotional materials, and other products or services (collectively, “Third-Party Services”). Third-Party Services are provided by independent third parties and are not owned, operated, controlled, endorsed, or monitored by us. While such features may appear within or in connection with the Service, we do not assume responsibility for any Third-Party Services, their content, policies, or practices.
Your access to or use of any Third-Party Service is entirely voluntary and undertaken at your own risk. You acknowledge that we do not guarantee, verify, or assume responsibility for the availability, accuracy, completeness, legality, reliability, quality, security, or performance of any Third-Party Service, nor do we make any representations regarding any content, information, products, services, advertisements, or materials made available through such Third-Party Services. Any interactions, transactions, purchases, subscriptions, payments, or exchanges of information that you undertake with a third party are solely between you and that third party.
Certain features of the Service may integrate with third-party wearable devices, health platforms, and APIs, including but not limited to Oura Ring, WHOOP, Apple Health (HealthKit), and Google Health Connect. The Service relies on information transmitted by such third-party providers to generate personalized recommendations, wellness insights, longevity plans, and related functionality. We do not control, verify, audit, or guarantee the accuracy, completeness, timeliness, availability, or reliability of any data provided by third-party devices, sensors, platforms, or APIs. Such systems may experience interruptions, delays, synchronization failures, inaccuracies, or technical malfunctions, and biometric or health-related metrics may be incomplete or incorrect. Any reliance on information derived from third-party wearable or health-platform data is at your own risk.
The Service may also include links, banners, or frames leading to external sites, as well as advertisements or sponsored content presented in various formats. Clicking on third-party links or engaging with promotional materials does not constitute or imply any endorsement, partnership, or affiliation between us and the third party. The scope, placement, and appearance of advertisements or sponsored content may change without prior notice. It is your responsibility to review and comply with the terms of service, privacy policies, and data-collection practices of any Third-Party Service before using or relying on it.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, DATA COMPROMISE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING ANY MALFUNCTION, MALWARE, OR DECEPTIVE CONDUCT ASSOCIATED WITH EXTERNAL CONTENT. WE DO NOT MONITOR OR VET THIRD-PARTY MATERIALS AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SECURITY.
If you encounter third-party content that is harmful, unlawful, or offensive, you may report it to us at support@agevia.app. We may, at our sole discretion and where legally required, review or remove access to reported third-party materials but is under no obligation to do so
14. Your Privacy
Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws. Certain information processed through the Service may constitute health-related information under applicable law. Our collection and processing of such information are governed by our Privacy Policy.
Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences.
The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.
15. Communication and Customer Support
16. Reporting Copyright Infringement
We are committed to responding to any alleged copyright violations, should they occur.
If you believe that your content has been copied in a way that constitutes copyright infringement, you or your agent may submit a Digital Millennium Copyright Act («DMCA») notification to us. If we find that there has been an alleged or actual infringement, we will take appropriate action under the DMCA and other intellectual property laws.
Alternatively, you can send the notice to us via support@agevia.app or contact us by mail or post.
Such notice must be in writing and contain the following information:
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your address, telephone number, and e-mail address;
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a description of the copyrighted work or other intellectual property that you claim has been infringed (including infringing and source URL);
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information sufficient to permit us to locate the alleged infringing work. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link;
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include the following statement: «I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law»;
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include the following statement: «I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed»;
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
17. Termination
Term. These Terms take effect from the date you first access or use our Service and will remain in force until terminated in accordance with this Section.
Termination by Us. We may terminate these Terms, suspend or restrict your access to the Service, or delete your Account immediately upon providing notice if:
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You have used the Service in violation of these Terms;
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Unauthorized access or activity is detected on your Account or related to your use of the Service;
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We decide, at our sole discretion, to withdraw the Service (in whole or in part);
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We are required to do so due to a legal or regulatory obligation;
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You request the deletion of your Account or personal data; or
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For any other lawful reason, provided we have given you reasonable advance notice via email, or any electronic communication within the Service.
We reserve the right to block your access to the Service to prevent re-registration or unauthorized access if your account has been suspended, terminated, or deleted
Termination by You. You may terminate these Terms at any time by deleting your Account using the functionality provided within the App or, where such functionality is not available, by contacting us at support@agevia.app. If you have an active subscription, please refer to Section 6 of these Terms for detailed instructions on how to cancel your subscription properly to avoid future billing, as requesting Account deletion alone will not cancel your subscription unless you specifically request cancellation of your subscription at the same time. If you have an active subscription at the time of Account deletion and have not cancelled it, you will retain access to Content and User Content associated with your subscription until the end of the current paid subscription period, unless you expressly instruct us otherwise.
Deactivation and Account Inactivity. If your Account remains inactive for one year or more, we may, at our discretion, deactivate or permanently delete your Account and any associated data, User Content. You acknowledge that upon deactivation or deletion, your content and data may not be retrievable, and the Company is not responsible for any resulting loss.
Consequences of Termination. Upon termination of your Account, your access to the Service or these Terms for any reason:
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all licences and rights granted to you under these Terms will immediately cease;
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access to all Content will terminate, and such items will be forfeited without refund or compensation, except as required by applicable law;
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any User Content you have submitted may be removed or become inaccessible, and we have no obligation to retain or restore it; and
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all accrued rights and obligations of the parties up to the termination date will remain enforceable.
Breach and Enforcement Actions. Failure to comply with these Terms constitutes a material breach and may result in actions including, but not limited to, immediate suspension or permanent withdrawal of your right to use the Service, removal of User Content, issuance of warnings, legal proceedings to recover damages or costs, further civil or criminal action, and disclosure of relevant information to law enforcement authorities. We exclude all liability for actions we may take in response to breaches of these Terms.
Survival of Terms. Provisions of these Terms that by their nature are intended to survive termination will continue in effect, including but not limited to those relating to intellectual property ownership, User Content licenses, indemnification, limitation of liability, disclaimers, governing law, and arbitration.
18. Dispute Resolution by Binding Arbitration
THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”
For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the arbitration agreement outlined in these Terms.
For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause.
By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors.
Notwithstanding the above, the following exceptions apply:
Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.
AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTION
BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES.
Arbitration Procedure and Applicable Rules
You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein.
Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location.
Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges.
Language of Arbitration. The arbitration will be conducted in the English language.
Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page.
Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes.
Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules.
Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration.
Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable.
Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
Individual Relief Only. The arbitrator may award relief solely in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding.
Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules.
Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this arbitration agreement within 30 days of accepting these Terms by submitting your notice via our online contact form at support@agevia.app, stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this arbitration agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law.
Survival. Except stated otherwise, this arbitration agreement shall survive termination of these Terms.
19. Miscellaneous
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S. without regard to its conflict of laws principles, and excluding the 1980 UN Convention on Contracts for the International Sale of Goods.
Entire Agreement. These Terms constitute the entire agreement between you and us regarding your access to and use of the Service and supersede all prior agreements, understandings, or representations, whether written or oral.
No Waiver. Failure or delay by us to exercise any right or enforce any provision under these Terms shall not operate as a waiver of such right or provision. A waiver will only be effective if explicitly stated in writing and signed by an authorized representative.
Severability. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified or severed to the minimum extent necessary to comply with the law, without affecting the enforceability of the remaining provisions.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time and without prior notice, including via novation. Posting an updated version of these Terms identifying the new party shall serve as valid notice of such transfer. These Terms are binding and will inure to the benefit of both parties and their respective successors, assigns, and legal representatives.
Electronic Communications. By interacting with the Service or communicating with us electronically, you consent to receive communications electronically and agree that such communications, including notices, disclosures, and agreements, have the same legal effect as those provided in writing. You acknowledge that your electronic submissions constitute a legally binding agreement.
Force Majeure. We shall not be held liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, governmental actions, labor disputes, or disruptions in telecommunications.
Third-Party Rights. Except as expressly stated herein, these Terms are intended solely for the benefit of the parties and do not create any rights for third-party beneficiaries.
Headings and Construction. Headings in these Terms are provided for convenience only and shall not affect their interpretation.
