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Terms of Service

Last Updated: January 8, 2025

1. Medical Disclaimer

VERVE IS NOT A MEDICAL DEVICE OR HEALTHCARE PROVIDER. The Service is intended for general wellness purposes only and is not intended to be used for the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition.

The information and recommendations provided through the Service do not constitute medical advice and should not be treated as such. Always consult with a qualified healthcare professional before making any changes to your diet, exercise routine, sleep habits, or other health-related behaviors.

No doctor-patient relationship or any other professional-client relationship is created between you and Verve Health AI, Inc. by your use of the Service.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. Do not rely on Verve for emergency medical situations. The Service is not designed or intended to provide emergency assistance or real-time monitoring of health conditions.

2. Assumption of Risk

You acknowledge and agree that physical activity, dietary changes, and other wellness-related activities involve inherent risks, including but not limited to the risk of physical injury, illness, or death.

Before beginning any exercise program, dietary modification, or other health-related activity suggested by the Service, you should consult with your physician or other qualified healthcare provider, especially if you:

  • Have a history of heart disease, high blood pressure, or other cardiovascular conditions
  • Have diabetes or blood sugar regulation issues
  • Are pregnant or nursing
  • Have any chronic illness or physical limitation
  • Are taking any medications
  • Have any concerns about your health or physical condition

By using the Service, you expressly assume all risks associated with any wellness activities you undertake based on information or recommendations provided through the Service.

3. AI-Generated Content Disclaimer

The recommendations, suggestions, and content provided by Verve are generated using artificial intelligence and machine learning technologies. While we strive to provide helpful and accurate guidance, you acknowledge and agree that:

  • AI-generated content may contain errors, inaccuracies, or omissions
  • Recommendations may not be suitable for your individual circumstances, health conditions, or goals
  • AI systems have limitations and cannot account for all factors that may be relevant to your health and wellness
  • You should always use your own judgment and consult appropriate professionals when making health-related decisions

Verve Health AI, Inc. does not guarantee the accuracy, completeness, or usefulness of any AI-generated content, and you rely on such content at your own risk.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERVE HEALTH AI, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any personal injury, health complications, or adverse health outcomes
  • Any decisions you make or actions you take based on information or recommendations provided through the Service
  • Any inaccuracies in data obtained from third-party integrations
  • Any interruption or cessation of the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

5. Third-Party Integrations

The Service may integrate with third-party services, applications, and devices, including but not limited to Apple Health, Oura Ring, Google Calendar, and other health and productivity platforms.

You acknowledge and agree that:

  • Data obtained from third-party integrations is provided "as is" and we do not guarantee its accuracy, completeness, or reliability
  • We are not responsible for any errors, inaccuracies, or failures in third-party services or the data they provide
  • Your use of third-party services is subject to those services' own terms and privacy policies
  • We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services

6. Agreement to Terms

Welcome to Verve. These Terms of Service ("Terms") constitute a legally binding agreement between you and Verve Health AI, Inc. ("Verve," "we," "us," or "our") governing your access to and use of the Verve mobile application, website, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

You represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement
  • You are not prohibited from using the Service under applicable law

7. Description of Service

Verve is an AI-powered wellness coaching platform designed to help users build sustainable health habits. The Service may include:

  • Personalized wellness recommendations based on your goals, preferences, and data
  • Integration with calendars to help schedule and manage wellness activities
  • Integration with wearable devices and health platforms to track biometric data
  • AI-powered coaching and guidance on sleep, nutrition, and movement
  • Progress tracking and insights

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

8. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You may only create one account per person. We reserve the right to suspend or terminate accounts that we reasonably believe violate these Terms.

9. User Responsibilities

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Provide false or misleading information about your health status
  • Use the Service for any purpose that is illegal or prohibited by these Terms
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Copy, modify, or distribute any content from the Service without our prior written consent
  • Use any automated means to access the Service
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

10. Subscription and Payment

Pricing

The Service is offered at $29 per month following a 7-day free trial period. During the free trial, you may cancel at any time without charge.

Billing

Your subscription will automatically renew each month unless you cancel before the next billing date. You authorize us to charge your payment method on a recurring basis for the subscription fee.

Cancellation

You may cancel your subscription at any time through the app or by contacting us. Cancellation will take effect at the end of your current billing period, and you will continue to have access to the Service until that time.

Refunds

Subscription fees are generally non-refundable, except as required by applicable law. If you cancel during your free trial period, you will not be charged.

Price Changes

We may change our subscription prices from time to time. Any price changes will be communicated to you in advance and will apply to your next billing cycle after the effective date of the change.

11. Intellectual Property

The Service and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Verve Health AI, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any content thereof without our prior written consent.

"Verve," the Verve logo, and other Verve trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Verve Health AI, Inc.

12. User Data and Content

You retain ownership of any data, information, or content you provide to or through the Service ("User Data"). By providing User Data, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze your User Data solely to provide and improve the Service.

You may request deletion of your User Data at any time by contacting us or using the data deletion features within the app. Upon receiving a deletion request, we will delete your User Data in accordance with our Privacy Policy, subject to any legal retention requirements.

13. Privacy

Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

14. Termination

You may terminate your account at any time by canceling your subscription and deleting your account through the app settings.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees
  • Extended periods of inactivity

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Indemnification

You agree to defend, indemnify, and hold harmless Verve Health AI, Inc. and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service
  • Your User Data
  • Any wellness activities you undertake based on the Service
  • Your violation of any rights of a third party

16. Dispute Resolution

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver

YOU AND VERVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exception for Small Claims

Notwithstanding the above, either party may bring an individual action in small claims court for claims within the jurisdiction of such court (generally claims under $10,000).

Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Venue

For any matters not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.

17. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or through the Service at least 30 days before the changes take effect.

Your continued use of the Service following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

18. Miscellaneous

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Verve Health AI, Inc. regarding the Service and supersede all prior agreements and understandings.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

19. Contact Information

If you have any questions about these Terms or the Service, please contact us at:

Verve Health AI, Inc.
Email: support@coachverve.com