Formula

Terms & Conditions

Published on August 5, 2026.

If you create an account on or after August 5, 2026, these Terms apply to you from the moment you accept them during sign-up.

If you created your account before August 5, 2026, these Terms will take effect on September 1, 2026. Until then, the previous version of the Terms will continue to apply.

You can see our previous Terms and Conditionshttps://www.formula.care/terms-and-conditions

1. INTRODUCTION

Fjor Nutrition, Inc. (“Company”, "we", "us," "our") distributes Formula App mobile application (the "App"), together with all its content, tools, features, functionality, and other information and services accessible through the App, our website, emails, push notifications, and related technologies (collectively referred to as the "Service").

These Terms and Conditions (the “Terms”) constitute a legal agreement between you (“User” or “you”) and the Company.

By accessing, downloading, installing, or using the Service, you:

a. acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at https://formula.care/privacy, incorporated herein by reference) and our Refund Policy;

b. agree to comply with all applicable laws, rules and regulations with respect to your use of the Service; and

c. represent that you have the legal capacity to enter into contracts in the jurisdiction where you reside.

If you do not accept these Terms or if you are not authorized or eligible to be bound by them, you must not download, install, or use our App or Service. Your continued use of the App and the Service manifests your acceptance of these Terms, as revised from time to time.

IMPORTANT NOTICES: these Terms contain a binding arbitration agreement and class action waiver (Section 17). The Terms also contain important warranty disclaimers (Section 12) and limitations of liability (Section 13). Please read these sections carefully.

EU and UK consumers should read Section 18, which describes rights that cannot be waived under applicable mandatory law.

2. MODIFICATIONS

We may modify the Terms or the Privacy Policy from time to time. We will distinguish between:

  • Non-material changes (e.g., changes for clarity, new features compatible with existing terms, or formatting): effective upon posting to the App or Website.
  • Material changes (e.g., new processing purposes, changes to payment terms, changes to arbitration, or otherwise changes to your rights): we will provide you with advance notice by email or a prominent in-app notice before such changes take effect.

If you do not agree to a material change, you may terminate your account before the effective date. Your continued use of the Service after the effective date of any change constitutes your acceptance of the modified Terms.

We may also modify, restrict, suspend, or discontinue the Service or any portion thereof at any time. We will use reasonable efforts to provide advance notice of significant changes to core features.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

To access and use the Service, you must:

  • be at least 18 years of age; and
  • not be prohibited from receiving the Service under applicable laws (including sanctions laws – see Section 19).

The App is not intended for, and we do not knowingly collect information from, children under the age of 18. If we become aware that a person under 18 has created an account, we will immediately delete the account and associated data.

Account Registration

When creating an account, you represent and warrant that:

a. all required information you submit is truthful, accurate, and current;

b. your use of the Service does not violate any applicable law or these Terms; and

c. you will maintain the accuracy of your information and promptly update it if it changes.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us immediately at support@formula.care of any unauthorized use of your account.

4. NO MEDICAL ADVICE DISCLAIMER

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. The Service is provided for general educational, informational, and wellness purposes only. Nothing in the Service constitutes medical advice, diagnosis, or treatment. Your use of the Service does not create a doctor–patient, dietitian–client, or any other professional relationship between you and the Company. The Service is a self-help tool intended only to assist you in pursuing your own general health, fitness, and weight-management goals. Always seek the advice of a qualified healthcare professional before making any changes to your diet, exercise routine, or health regimen.

You expressly acknowledge and agree that:

  • The Service, including any meal plans, nutritional recommendations, recipes, insights, or other content (whether generated by the App, its algorithms, or any AI-assisted features), is for informational purposes only. AI-generated recommendations may occasionally be inaccurate, incomplete, or inappropriate for your individual circumstances and should not be relied upon as a substitute for professional medical advice.
  • Certain features of the Service, including the "Insights" section and in-app recommendations, may be generated or assisted by automated systems or artificial intelligence. Such outputs reflect general patterns and are not tailored to your individual medical history, conditions, or clinical needs.
  • The Service may not be appropriate for everyone. If you have any medical condition, food allergy, eating disorder, or dietary restriction, you should consult a qualified healthcare professional before using the Service.
  • Diet and exercise activities carry inherent risks, including potential bodily injury. You assume responsibility for your own health and well-being when using the Service.

Nothing in this section limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Consult a Healthcare Professional. You should always consult a licensed physician or other qualified healthcare provider before starting, changing, or stopping any diet, fasting protocol, carnivore or other restrictive eating plan, exercise program, or wellness regimen offered or referenced through the Service. Never disregard professional medical advice, or delay seeking it, because of something you have read or accessed through the Service. If any information you obtain through the Service is inconsistent with the advice of your physician, you should follow the advice of your physician.

Medical Emergencies. The Service is not designed to address medical emergencies. If you think you may have a medical emergency, or if you experience any adverse symptoms while using the Service, stop using the Service immediately and call your local emergency number or go to the nearest emergency room.

Pregnancy, Medical Conditions, and Medications. You should use Service with the supervision and guidance of a qualified healthcare professional if you are:

  • pregnant or breastfeeding;
  • living with a diagnosed medical condition;
  • taking prescription medication; or
  • following a therapeutic or medically prescribed diet.

Results Disclaimer. Individual results vary and are not guaranteed. Any testimonials, reviews, before-and-after images, success stories, or examples shown in or in connection with the Service are illustrative only, are not typical, and do not guarantee that you will achieve the same or similar results. Weight loss and other outcomes depend on numerous factors, including your starting point, genetics, pre-existing health, adherence, and lifestyle choices. We make no representation or warranty that you will achieve any particular result, lose any specific amount of weight, or achieve results within any specific time frame.

Professional Collaboration. Where we collaborate with nutritionists, trainers, or other professionals to develop or review content, such collaboration is intended to improve the general quality of the Service only. It does not constitute personalized medical, nutritional, or fitness advice and is not a substitute for consulting your own healthcare provider.

5. INTELLECTUAL PROPERTY

The App, Website, and all content, including text, graphics, logos, button icons, images, audio clips, data compilations, software, and other works of authorship (collectively, "Content"), are the property of Fjor Nutrition, Inc. or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

The name "Formula App," our logo, design patterns, graphics, trade dress, and other indicia of origin are our trademarks or service marks, whether registered or unregistered. Unauthorized use of our trademarks is strictly prohibited.

Nothing in these Terms grants you any right, title, or interest in the Content or any of our intellectual property except for the limited license expressly set out in Section 6.

Artificial Intelligence. We may use artificial intelligence ("AI") technologies, including third-party AI models, to provide, improve, personalize, automate, or enhance certain features, functionality, and content available through the Service. As a result, certain content, recommendations, insights, summaries, or other outputs presented within the Service may be generated or assisted by AI.

By using the Service, you acknowledge that certain features may involve the use of AI technologies. Where required by applicable law, we will provide appropriate disclosures regarding AI-generated or AI-assisted content or functionality.

6. LICENSE GRANT

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to:

  • install the App on a device that you own or control; and
  • access and use the Service and Content for your own personal, non-commercial purposes.

This license does not permit you to:

  • resell, sublicense, or transfer the Service or any Content;
  • use the Service or Content for commercial purposes;
  • reproduce, modify, or distribute Content except as expressly permitted; or
  • remove or alter any proprietary notices in the Content.

We reserve all rights not expressly granted by these Terms. As between you and us, we retain all right, title, and interest in the Service and Content (excluding your User Content).

7. USER CONTENT

You may submit, upload, post, or otherwise transmit data, food logs, health metrics, photos, comments, reviews, testimonials, opinions, and other content through the Service ("User Content"). You retain ownership of your User Content.

7.1 License to your User Content

By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free license to access, store, use, reproduce, and display your User Content solely to the extent necessary to: (a) provide and operate the Service for you; (b) improve and develop the Service (using aggregated or de-identified data); and (c) comply with applicable law. This license terminates when you delete your User Content or delete your account, except to the extent we need to retain copies as part of automated backup processes or as required by law.

We will not sell your User Content to third parties. We will not use identifiable User Content for marketing purposes, unless we receive your prior consent. Any use of User Content for analytics or product improvement will be in aggregated, de-identified form only.

7.2 Your representations

By submitting User Content, you represent and warrant that:

a. you own or have all necessary rights and permissions to submit the User Content and to grant us the license above;

b. the User Content does not infringe any third party's intellectual property rights, privacy rights, or any applicable law; and

c. where User Content depicts identifiable individuals, you have obtained their written consent, release, and/or permission.

You are solely responsible for your User Content. We do not endorse User Content and assume no responsibility for any User Content submitted by others.

8. USER FEEDBACK

We are always happy to hear from our Users and are grateful for your ideas, comments and suggestions on how to improve our Service (“Feedback”).

If you voluntarily submit any Feedback to us, you agree that:

a. Feedback is non-confidential;

b. we may use Feedback for any lawful purpose, commercial or otherwise, without restriction or compensation to you; and

c. we have no obligation to implement or respond to any Feedback.

This section does not limit any rights you have in your personal data, which is governed by our Privacy Notice

9. PROHIBITED ACTIVITIES

By accessing and using the App, you agree that you will not use the App and the Service for any unlawful or prohibited purpose.

You may not attempt, through any means, to gain unauthorized access to any part of the App or the Service, other account, computer system or network connected to our server. We reserve the right, in our sole and absolute discretion, to monitor any and all use of the App and remove any User Content at any time.

Without limiting the foregoing, you will not use the App and the Service to:

a. post or otherwise transmit any User Content that (i) is unlawful, false, misleading, inaccurate, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) are "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or other users to any harm or liability of any type;

b. violate any applicable local, state, national, international or other law or regulation, or any order of a court, including without limitation, rules about intellectual property rights, the Internet, technology, data, email or privacy;

c. access the App and the Content from territories where it is illegal or strictly prohibited;

d. interfere with, disrupt or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

e. use the Service to transmit, distribute, post or submit any information concerning any other person without their permission;

f. harvest or collect email addresses or other contact information of other Users by electronic or other means without their consent;

g. "stalk" or harass any other User or collect or store any information about any other User;

h. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;

i. register for more than one user account or register for a user account on behalf of an individual other than yourself;

j. transfer or sell your account and/or username to another party;

k. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

l. use automated scripts to access, search collect information or otherwise interact with the Service (including without limitation robots, spiders or scripts) or use any robot, spider, other automatic device, or manual process to extract, "screen scrape," monitor, "mine," or copy any static or dynamic web page on the App or the Content contained on any such web page for commercial use without our prior express written permission;

m. other than with respect to your own User Content, (i) use, reproduce, duplicate, copy, sell, resell or exploit the Content; (ii) compile a collection of Content, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; or (iii) otherwise remove any text, copyright or other proprietary notices contained in the Content;

n. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;

o. modify, translate, or otherwise create derivative works of any part of the Service; or

p. advocate, encourage, or assist any third party in doing any of the foregoing.

We reserve the right, in our sole discretion, to investigate and take appropriate action (including suspending or terminating accounts) in response to any actual or suspected violation of these Terms.

These Terms apply only to the App and the Service. The Service may contain links to, or integrate content from, third-party websites, applications, or services ("Third-Party Content"). We do not control, endorse, or assume any responsibility for Third-Party Content or the privacy practices of third-party providers.

Your use of any third-party service is governed by that service's terms and privacy policy. We encourage you to review those documents before providing personal information to any third party.

We make no guarantees, representations or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content, or the use of any personal information you provide to any such website. You acknowledge and agree that use of such links is entirely at your own risk. We may discontinue links to any other website or mobile applications at any time and for any reason.

The availability of the App depends in part on third-party app stores ("App Stores"), such as the Apple App Store and Google Play Store. Your download and use of the App is subject to the applicable App Store's terms of service. You acknowledge that the App Store (and its affiliates) may be a third-party beneficiary of these Terms and may enforce these Terms against you.

11. SUBSCRIPTIONS, CANCELLATION, FEES, AND PAYMENTS

AUTO-RENEWAL DISCLOSURE: Your subscription will automatically renew at the end of each billing period at the then-current price unless you cancel before the renewal date. By subscribing, you authorize the applicable App Store or us to charge your payment method for each renewal period. You may cancel at any time in the App (Profile → Manage Subscriptions), at account.formula.care, or by emailing support@formula.care.

11.1 Definitions. “Subscription” means a recurring plan giving access to premium features.“Billing Period” means the interval between recurring charges (e.g., monthly, quarterly, or annual) as shown to you at sign-up. “Payment Method” means the card or payment account you provide.

11.2 Freemium model and paid subscription. The App may offer both free and premium features. While the App is free to download and provides basic functionality at no cost (freemium model), access to certain premium features and services requires a paid subscription.

11.3 Payment methods. You may purchase a subscription either directly from us or through an App Store / Google Play. By making a purchase, you authorize us (or the App Store / Google Play, as applicable) to charge your designated payment method for all applicable fees and taxes as they become due.

  • If you subscribe through Apple App Store or Google Play, that store bills you and its terms govern purchase, auto-renewal, cancellation and refunds. Manage or cancel those Subscriptions in your App Store / Google Play account settings; deleting the App does not cancel them.
  • You must keep a valid Payment Method on file and your billing details up to date. We may update card details via our processors and continue charging the updated method. If a charge fails, we may retry, suspend or terminate access, and continue attempting to collect amounts owed.

11.4 Pre-purchase disclosure and payment authorisation. Before you pay, we clearly present the price, the Billing Period and frequency of charges, and that the Subscription continues and renews until cancelled. By subscribing, you authorise us (and our payment processors) to charge your Payment Method on each renewal.

11.5 Subscription fees and price changes. We reserve the right to change subscription fees at any time, to the maximum extent permitted by applicable laws. We will provide you with reasonable notice of any such pricing changes and give you an opportunity to cancel before it takes effect, as required by applicable law. If you do not cancel before the price change takes effect, your continued use of the Service constitutes acceptance of the new price.

11.6 Taxes. Prices displayed in the App or on the Website are inclusive of applicable sales and use taxes where required by law. Applicable taxes are calculated based on your account billing information.

11.7 Automatic renewal and cancellation. Unless you cancel before the end of the Billing period, your subscription will automatically renew for the same period at the then-current price via your chosen Payment Method. By completing your purchase, you provide your express consent to these automatic-renewal terms.

You may cancel your Subscription at any time via:

Cancellation takes effect at the end of the then-current Billing Period. You will retain access to premium features until the period expires.

If you subscribed through the Apple App Store or Google Play, you should cancel through your Apple ID or Google Play account settings.

Please note that deleting the App or your account does not cancel your Subscription.

11.8 Renewal reminders. Where required by law, we will send a reminder before your Subscription renews, on a durable medium, telling you the renewal date, amount, and how to cancel.

11.9 Free trials and promotions. We may offer a free trial subscription for the premium features of the Service for a specified period. If your Subscription begins with a paid trial or promotional price, we disclose the trial/promo terms during checkout before you subscribe. Unless you cancel before the trial or promotional period ends, your Subscription automatically converts to a paid Subscription, and we charge your Payment Method the then-current price. You may cancel at any time before the end of the trial to avoid being charged.

  • We reserve the right to modify, limit, or terminate free trial offers at any time. You may not be eligible for more than one free trial offer for the same product.
  • Note for California residents: in accordance with California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), we will provide you with clear disclosure of the automatic renewal terms and will send a reminder notice before your free trial converts to a paid subscription, if so required by law. You may cancel at any time using the methods described above.
  • Note for other U.S. state residents: to the extent required by the laws of your state of residence, we will provide you with advance notice before your subscription or free trial automatically renews, in accordance with applicable state law.

11.10 Refunds. Subject to applicable law and the exceptions below, all fees paid are non-refundable once a billing period has begun. Approved refunds are processed to the original Payment Method within 14 business days. Learn more about refunds in our Refund Policy, which forms part of our Terms & Conditions.

Exceptions and mandatory rights:

  • EU/EEA and UK consumers: if you are a consumer in the EU/ EEA or the UK, you have a statutory 14-day right of withdrawal from the contract, starting from the date of purchase, unless you have expressly consented to the commencement of the digital service before the end of the withdrawal period and acknowledged that you will lose your right of withdrawal once the service has fully commenced. We will inform you of these conditions at the point of purchase. To withdraw, use the “Withdraw from contract here” function on our Website, the model withdrawal form, or any clear statement to support@formula.care.
  • California and Connecticut residents. You may cancel within midnight of the third business day after purchase for a full refund, as described in our Refund Policy.
  • Legal requirements: we will provide refunds where required by applicable mandatory law (e.g., if the Service materially fails to conform to its description).
  • App Store purchases: subscriptions purchased through an App Store are subject to that App Store's refund policy. We cannot issue refunds for App Store purchases; please contact the relevant App Store.
  • Goodwill refunds: we may, at our sole discretion, offer a refund in individual circumstances not covered by the above. Contact support@formula.care.

11.11 Expiration. Access to premium features expires at the end of your paid subscription period. If payment fails, we will make reasonable efforts to notify you and provide an opportunity to update your payment information before suspending or downgrading access.

11.12 One-time purchases. In addition to subscription plans, the Service may offer one-time purchases of digital content and features, including, without limitation, workout plans, nutrition plans, meal plans, recipes, guides or other digital products. Unless otherwise expressly stated, One-Time Purchases grant you a limited, non-exclusive, non-transferable license to access and use the purchased digital content for your personal, non-commercial use through the Service. Except where required by applicable law, all One-Time Purchases are final and non-refundable once the digital content has been made available to you.

12. DISCLAIMER OF WARRANTIES

THE APP AND THE SERVICE ARE PROVIDED ON "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FJOR NUTRITION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND/OR NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR APP AND THE SERVICE, INCLUDING RELIANCE ON ANY RECOMMENDATIONS AND INFORMATION THAT IS PROVIDED AS PART OF THE SERVICE, IS AT YOUR SOLE RISK.

WE DO NOT WARRANT THAT:

A. THE SERVICE YOU OBTAIN THROUGH OUR APP WILL MEET YOUR EXPECTATIONS AND/OR REQUIREMENTS;

B. THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, AVAILABLE FOR USE, OR OF A CERTAIN QUALITY;

C. ANY ERRORS OR DEFECTS WILL BE CORRECTED;

D. THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME OR THEFT.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP AND THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE.

WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE INFORMATION POSTED BY USERS IN THE APP.

NOTE FOR EU/UK CONSUMERS: nothing in this section excludes or limits any implied warranty or guarantee that cannot lawfully be excluded or limited under applicable consumer protection law in your jurisdiction, including the UK Consumer Rights Act 2015 and applicable EU law. Your statutory rights as a consumer are not affected.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL FJOR NUTRITION, INC. (FOR PURPOSES OF THIS SECTION, "FJOR NUTRITION, INC." OR "WE" INCLUDES OUR EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE APP OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF INFORMATION THROUGH THE APP, BODILY INJURY OR EMOTIONAL DISTRESS, COMPUTER VIRUS, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR MISUSE OF ANY RECORD OR DATA. WE DO NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT THE DIET, FOOD RECIPES, EXERCICES OR OTHER CONTENT ON THE SERVICE.

THE COMPANY DISCLAIMS ANY LIABILITY FOR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE SERVICE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE SERVICE.

IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE APP OR THE SERVICE OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF:

A. THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

B.ONE HUNDRED U.S. DOLLARS (US$100).

The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and us.

EXCLUSIONS: THIS SECTION DOES NOT LIMIT LIABILITY FOR

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any other liability that cannot lawfully be excluded or limited under applicable law.

For EU and UK consumers, nothing in this section affects your statutory rights, and mandatory consumer protection laws in your jurisdiction may apply to limit the exclusions above.

For consumers in Australia, nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies under the Australian Consumer Law, which cannot lawfully be excluded.

14. RELEASE

To the fullest extent permitted by law, you release us, our subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (ii) disputes between Users, including those between you and other Users; (ii) User Content or Third-Party Content.

This release does not apply to claims arising from our gross negligence or willful misconduct, and does not limit any rights you have under applicable mandatory consumer protection law. If you are a California resident, you waive California Civil Code § 1542, which provides that a general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release.

Note for EU and UK consumers: this release is subject to applicable mandatory consumer protection law and does not exclude rights that cannot lawfully be waived.

15. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Fjor Nutrition, Inc., our subsidiaries and affiliated companies, and their respective officers, employees, directors, contractors and agents, from and against any and all claims, causes of actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including attorneys' fees) and all amounts paid in settlement arising out of, connected with, or accruing from (a) your access to and use of the App and the Service; (b) your violation of these Terms, (c) your violation of any applicable law or regulation; (d) your User Content, or (e) your interaction with any other Users. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, in which case you agree to cooperate with our defense of such matter and not to settle any claim without our prior written consent.

16. GOVERNING LAW AND VENUE

These Terms and any dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict-of-law provisions.

Subject to the arbitration agreement in Section 17, any legal action or proceeding not subject to arbitration (including small claims actions) shall be brought exclusively in the state or federal courts located in the State of Delaware, and each party irrevocably consents to the personal jurisdiction and venue of such courts.

EU AND UK CONSUMERS: if you are a consumer residing in the EU or UK, you may also bring claims before the courts of the country where you reside, and you have the benefit of any mandatory consumer protection provisions of the law of that country that cannot be contractually excluded.

17. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

READ THIS SECTION CAREFULLY. This section requires you to resolve most disputes through binding arbitration rather than in court, and waives your right to a jury trial and to participate in class actions. If you do not agree, you may opt out as described below.

NOT APPLICABLE TO EU/UK CONSUMERS: If you are a consumer in the European Union or United Kingdom, this arbitration agreement and class action waiver do not apply to you. Your disputes will be resolved through the courts in accordance with Section 16 and applicable consumer protection law.

17.1 Agreement to arbitrate

Except as provided below, any dispute, claim, or controversy between you and us arising out of or relating to:

a. the Service, Content, or App;

b. these Terms; or

c. our Privacy Notice or privacy practices shall be resolved by binding individual arbitration, rather than in court.

By agreeing to these Terms, you and we each:

a. waive the right to a trial by jury; and

b. waive the right to participate in any class, collective, or representative proceeding.

The U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration agreement.

17.2 Pre-filing dispute resolution

Before initiating arbitration, the claimant must send the other party a written Notice of Claim ("Notice") describing: (a) the nature and basis of the claim; and (b) the specific relief sought.

Notices to us must be sent by email to support@formula.care AND by overnight courier or certified mail to:

Fjor Nutrition, Inc. — Legal Department

Finance@fjor.health

1111B S Governors Ave STE 21968, Dover, DE 19904

We will send Notices to the address associated with your account.

The parties agree to negotiate in good faith for 60 days after the Notice is received. If the dispute is not resolved within 60 days, either party may proceed to arbitration or small claims court.

17.3 Arbitration procedures

  • a. Administering Organization. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("CAA Rules"), as modified by these Terms. The AAA Rules are available at adr.org or by calling 1-800-778-7879.
  • b. Location. Unless you and we agree otherwise, arbitration will take place in New York, New York, or via remote hearing (document submission, telephone, or video conference) if your claim is US$10,000 or less and you request such a format.
  • c. Fees. The AAA's fee schedule governs filing, administration, and arbitrator fees. If you are required to pay a filing fee and your claim is US$10,000 or less, we will reimburse your filing fee upon receiving notice of the arbitration, unless your claim is determined to be frivolous.
  • d. Award. The arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which any award is based. The arbitrator's award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.
  • e. Authority. The arbitrator has authority to award any remedy that would be available in court on an individual basis, including injunctive or declaratory relief limited to the individual claimant's claim.

17.4 Class action waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate claims of more than one person and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable with respect to a particular claim or type of claim (other than a claim for public injunctive relief under California law), the parties agree that: (i) that specific claim or type of claim shall be severed and adjudicated in court on a class or representative basis; and (ii) the remaining individual claims shall continue in arbitration. The arbitration agreement shall not be rendered wholly void by unenforceability of the class waiver.

17.5 Mass arbitration. If 25 or more similar arbitration demands are filed against us within a 90-day period ("Mass Arbitration"), the AAA's Mass Arbitration Supplementary Rules shall apply. The parties agree to cooperate in good faith to select a process for resolving claims efficiently, including through a bellwether proceeding in which a representative set of claims is arbitrated first.

17.6 Exceptions. Notwithstanding the above, either party may: (a) bring an individual action in small claims court (provided the claim qualifies); and (b) seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

17.7 Opt-out. You have the right to opt out of this arbitration agreement within 30 days of the date you first accept these Terms by sending written notice to support@formula.care with the subject line "Arbitration Opt-Out" and including your name, email address, and account username. Opting out does not affect other provisions of these Terms.

18. ADDITIONAL RIGHTS FOR EU AND UK CONSUMERS

If you are a consumer residing in the European Union or United Kingdom, the following applies to you in addition to the rest of these Terms. In the event of conflict between this section and any other provision, this section prevails for EU/UK consumers.

18.1 Mandatory Consumer Protection Law. You have the benefit of any mandatory consumer protection rights provided by the law of the country where you reside. Nothing in these Terms limits or excludes those rights.

18.2 Right of Withdrawal. You have a statutory right to withdraw from your subscription contract within 14 days of purchase (the "Withdrawal Period") without giving a reason. However, if you expressly consent to the commencement of the Service before the end of the Withdrawal Period and acknowledge that you will lose your right of withdrawal once the Service has fully commenced, this right is waived with respect to digital content that has been delivered. We will ask for your express consent and acknowledgment during checkout.

18.3 Conformity of Digital Content. If the Service does not conform to the description or is not fit for purpose, you may be entitled to repair, replacement, or a price reduction under applicable EU/UK law (including EU Directive 2019/770 on digital content contracts and the UK Consumer Rights Act 2015).

18.4 Dispute Resolution: You are not bound by the arbitration agreement in Section 17. You may bring claims in your local courts. For EU consumers, you may also use the alternative dispute resolution methods: https://consumer-redress.ec.europa.eu/list-alternative-dispute-resolution-adr-bodies_en.

** 18.5 Pricing Transparency**: All prices shown include applicable taxes where required by EU/UK law.

19. INTERNATIONAL USE AND EXPORTS CONTROL

We do not represent or warrant that the App, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access and download the App do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, including laws regulating the export of data. We may limit the availability of the App, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion, to comply with applicable sanctions or export control laws. Accessing and downloading the App is prohibited from territories where the App's Content is illegal.

You represent and warrant that you are in compliance with all laws, restrictions and regulations administered by the Office of Foreign Assets Control ("OFAC") or any other Governmental Entity imposing economic sanctions and trade embargoes ("Economic Sanctions Laws") against designated countries ("Embargoed Countries"), entities and persons (collectively, "Embargoed Targets"). You represent and warrant that you are not an Embargoed Target or otherwise subject to any Economic Sanctions Law. You agree to comply with all Economic Sanctions Laws. Without limiting the generality of the foregoing, you agree not to (a) directly or indirectly export, re-export, transship or otherwise deliver any products, services, technology or information of any portion thereof to an Embargoed Target or (b) broker or otherwise facilitate any transaction in violation of any Economic Sanctions Laws.

20. TERMINATION

We may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice, suspend or discontinue, temporarily or permanently, the App and the Service (or any part thereof) and, if you breach these Terms, suspend or terminate your account.

Termination may result in the forfeiture and destruction of all information associated with your account. We may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR TERMINATION OF YOUR ACCESS TO THE APP OR THE SERVICE IF YOU BREACH THESE TERMS.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You may terminate your account at any time by deleting your account in the App's settings or contacting support@formula.care.

21.1 Reporting Claims of Copyright Infringement

We respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). To report alleged infringement, send a written DMCA Notice to our Copyright Agent (see Section 21.5) that includes:

  • Your physical or electronic signature (or that of a person authorized to act on behalf of the rights owner).
  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the allegedly infringing material and information sufficient for us to locate it.
  • Your contact information (address, telephone, email).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

21.2 Counter-Notice by Accused Member

If your User Content was removed due to a DMCA claim and you believe it was removed in error, you may submit a Counter-Notice to our Copyright Agent containing:

  • Your physical or electronic signature.
  • Identification of the removed material and the location where it appeared before removal.
  • A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification.
  • Your name, address, and telephone number, and consent to the jurisdiction of the applicable federal district court.

Remember that even though we process DMCA Notice and the Counter-Notice, we do not adjudicate these disputes. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

21.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat copyright infringers.

21.4 Counter-Notice Restoration

If a Counter-Notice is received, we may restore removed content within 10 to 14 business days unless the rights owner files a court action against the claimant.

21.5 Agent for Notices

Please send all notices required by this policy to our Copyright Agent at:

Copyright Agent c/o Fjor Nutrition, Inc.
E-mail address: support@formula.care
1111B S Governors Ave STE 21968, Dover, DE 19904

21.6 Information for the Users

If your User Content is subject to the DMCA Notice, you will receive a notification from us explaining the status of your User Content and the next steps. Any material that is subject to the DMCA Notice will be removed until the dispute is resolved or the DMCA process is complete.

22. FORCE MAJEURE

We will not be liable for any failure or delay in performance of our obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to: natural disasters, fire, flood, epidemic or pandemic, acts of God, war, terrorism, civil unrest, governmental action, Internet or network outages, third-party service failures, or power failures (each, a "Force Majeure Event").

If a Force Majeure Event prevents us from providing the Service for an extended period (30 days or more), you may cancel your subscription and receive a pro-rata refund of prepaid fees for the period during which the Service was unavailable.

23. STATUTE OF LIMITATIONS

Except where prohibited by applicable mandatory law, any claim or cause of action arising out of or relating to the Service, Content, or these Terms must be brought within one (1) year after the claim or cause of action arose, or it will be permanently barred. This limitation does not apply to the extent applicable law requires a longer period that cannot be waived, and it does not apply to statutory claims for which the limitation period cannot be contractually shortened.

Note for EU and UK consumers: this limitation does not apply to you to the extent it conflicts with statutory limitation periods under applicable mandatory law in your jurisdiction.

24. MISCELLANEOUS

24.1 Entire Agreement. These Terms, including any references mentioned and incorporated herein, together with such changes as may be subsequently made by we, constitute the complete agreement between you and us, our subsidiaries, affiliated companies, licensors, and those third parties assisting in the operation of the App with respect to the subject matter of these Terms and supersede all prior agreements and understandings, written or oral. These Terms may not be amended by the Users. These Terms supersede any previous quotations, correspondence, or other communications, written or oral, between you and us. In no event shall we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside of our reasonable control.

24.2 Severability. If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, that term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the terms and conditions hereunder will be construed and enforced accordingly, preserving to the fullest permissible extent the intent of these Terms.

24.3 Assignment; Waiver. You may not transfer, assign or delegate any of your rights, obligations or privileges hereunder; we may do so at any time. Any assignment of the foregoing other than as provided for in this section shall be null and void. We may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

24.4 Reservation of Rights. We reserve all rights not expressly granted by these Terms.

24.5 Electronic Communications. All information communicated as part of the Service is considered an electronic communication. When you communicate with us through the App or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

24.6 No Legal Advice. Nothing in these Terms constitutes legal advice. If you have questions about your legal rights, please consult a qualified attorney.

24.7 English Language. These Terms are drafted in English. In the event of any conflict between an English version and a translated version, the English version shall govern, to the extent permitted by applicable law.

24.8 Headings. Section headings in these Terms are for convenience only and have no legal effect.

24.9 Material Terms. You acknowledge and agree that the binding arbitration agreement and the class action waiver, as well as warranty disclaimers and liability and remedy limitations in these Terms are material terms of these Terms and that they have been taken into account in the decision by us to provide the App.

25. CONTACT US

If you have any questions or concerns regarding these Terms, you may contact us by e-mail at support@formula.care. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.