E4L GEM Terms of Service

1. Wellness Only; Not a Medical Device

The App, the GEM, the Coach, and all related scans, scores, readings, and recommendations (including the Vitality Score, pillar scores, energy-state readings, and Infoceutical recommendations) are for general wellness and information only.

The GEM is not a medical device. The Services are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Nothing in the Services is medical advice, and nothing the App or the Coach says is a diagnosis, prognosis, or treatment recommendation.

In a medical emergency, call your local emergency number (911 in the US) or go to the nearest emergency room. Do not rely on the App, the GEM, or the Coach in an emergency.

2. AI Limitations; Not a Substitute for Professional Care

The Coach and other AI features use artificial intelligence, which can produce incomplete, outdated, or incorrect information. Check anything important for yourself, and do not rely on the Coach in place of professional medical, psychological, or other licensed care.

Talk to a qualified health professional before making any substantial change to your health, lifestyle, diet, exercise, or medication routine based on the Services.

Do not start, stop, or change any medical treatment, medication, or therapy without first talking to your doctor or other licensed medical provider, whatever the App, the GEM, or the Coach suggests.

The Coach is an AI, not a person. If you are thinking about harming yourself, or are in crisis, call or text 988 in the US (the Suicide & Crisis Lifeline), or contact your local emergency services.

3. Who Should Not Use the GEM

The GEM uses LED lights against the skin during assessments, and LED lights and a subtle magnetic field against the skin during its support process. These are generally considered safe for all users, but:

• As with any Bluetooth enabled device, people with pacemakers, defibrillators, or other implanted electronic medical devices should speak with their doctor before using GEM.
• GEM has not been tested for safety in pregnancy, so pregnant women should speak with their doctor before using GEM.
• As with any device, GEM should not be worn over damaged skin.
• People with a stainless steel allergy may be sensitive to the sensing plate on GEM. Do not use GEM if you experience any negative reaction of the skin.

4. Eligibility and Accounts

You must be at least 18 years old to create an account and use the Services. Give accurate information when you register, keep your sign-in details confidential, and tell us promptly at customerservice@e4l.com if you think someone else has used your account. You are responsible for activity on your account. Your account is for you alone; do not share it.

5. Plans, Trials, and Billing

Plans. After any available trial period, users require a paid plan to continue using the App. Plans renew monthly or yearly. The App shows each plan's features and price before you buy.

Who bills you depends on the plan. App-only membership is purchased through the Apple App Store or Google Play. Products and product subscriptions, such as the GEM or Infoceuticals, are purchased directly from us through our online store.

• Through the Apple App Store or Google Play: Apple or Google charges you, handles renewals, and decides refunds under its own terms. You manage or cancel the subscription in your Apple or Google account settings. We cannot cancel or refund these subscriptions for you.
• Directly from us (through our online store): we charge your payment method. You can cancel in the App or by emailing customerservice@e4l.com.

Automatic renewal. Your subscription renews automatically at the end of each billing period, at the then-current price for your plan, until you cancel. By subscribing, you agree to this recurring charge to your payment method.

Free trials. We may offer free trials. The terms of the trial will be shown before you begin one.

Changing plans. If you subscribed through Apple or Google, you must start or stop your subscription with them separately from starting or stopping subscriptions through us, and their cancellation policies apply.

When you subscribe through our store, you may change your subscription at any time; the change will take place at the start of the next billing period. You keep your current plan until then, with no partial refund.

Cancellation. You can cancel at any time. Cancellation takes effect at the end of your current billing period, and you keep access until then. Deleting the App or your account does not cancel a subscription bought through Apple or Google; cancel it in your Apple or Google account settings.

Refunds. ALL SUBSCRIPTION FEES ARE FINAL AND NON-REFUNDABLE, EXCEPT AS STATED IN THIS SECTION OR IN SECTION 18, OR AS REQUIRED BY LAW.

We do not give refunds or credits for: (a) partial billing periods, including when you cancel or downgrade before a period ends; (b) any unused part of a subscription; (c) not using the Services or the GEM during a paid period; or (d) not canceling before a renewal. Refunds for subscriptions bought through Apple or Google are decided by Apple or Google.

Nothing in this section limits any right you have by law that cannot be waived, including withdrawal, cooling-off, or refund rights that consumers have in some countries, such as the EU and UK. Where such a right applies, we will honor it.

Price changes. We may change plan prices. We will tell you at least 30 days before a price increase applies to your subscription, so you can cancel first if you choose. If you keep your subscription after that date, the new price applies. If you subscribed through Apple or Google, their own price-change process applies instead.

6. Your Health Data

Using the Services involves collecting health information about you. For example: voice recordings and tongue photos from scans; heart rate, interbeat intervals, and activity; data from Apple Health or Health Connect if you connect them; and what you share with the Coach, including symptoms, diagnosed conditions, medications, etc. Our Privacy Policy explains what we collect, how we use and protect it, who we share it with, how long we keep it, and your rights.

We never sell your health information or use it for advertising. We use reasonable measures to protect your information, as described in the Privacy Policy, but no system is completely secure. You can delete your data or your account in the App at any time, as described in the Privacy Policy.

7. AI Health Coach

The Coach uses your scan results, wearable data, conversation history, and other information you give it to write personalized replies and recommendations. Its replies are generated automatically, depend on the accuracy of what you share, and may not account for your full medical history.

The Coach saves your conversations to personalize its guidance unless you turn this off under Profile › Your data. We store Coach conversations and use them to improve the Services as described in the Privacy Policy. Saved conversations are not deleted unless you delete your data.

8. Scanning Other People

Only scan someone who has agreed to be scanned and to receive a text message with their result. You are responsible for getting their permission. You send the result from your own messaging app, and your carrier's usual charges apply. Do not scan anyone under 18.

9. Beta Features

Features marked "Beta" (when applicable) are still being tested. They may change, stop working, or be removed, and are provided as they are.

10. Acceptable Use

You agree not to: misuse the Services in a way that could harm E4L, other users, or anyone else; copy, resell, or reverse engineer the Services, or try to extract the underlying algorithms, scoring models, or recommendation logic; access other people's data or accounts; use bots or scrapers on the Services; use the Services for anything unlawful; or interfere with the security or normal operation of the Services.

11. Your Content and Feedback

You keep ownership of content you submit, such as messages to the Coach and feedback on your results. You give us a non-exclusive, worldwide, royalty-free license to use it as needed to provide and improve the Services, as described in the Privacy Policy. If you send us ideas or suggestions, we may use them without any obligation to you.

12. Intellectual Property and License

The Services, including all software, algorithms, scoring models, designs, and content, are owned by E4L or its licensors and protected by intellectual property laws. We give you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on devices you own or control, for your personal, non-commercial use, under these Terms (and, for iPhone users, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions). This license ends when your account ends.

13. Third-Party Services

Some features rely on other companies' services, including Apple Health, Health Connect, the Apple App Store, Google Play, our Shopify store, and our sign-in provider. Your use of those features may also be subject to those companies' terms. We are not responsible for their services.

14. Disclaimers

EXCEPT FOR THE GEM DEVICE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, UNINTERRUPTED, OR ERROR-FREE.

THE GEM DEVICE IS COVERED BY THE WRITTEN WARRANTY IN OUR RETURNS & WARRANTY POLICY. TO THE EXTENT THE LAW ALLOWS, ANY IMPLIED WARRANTIES FOR THE GEM DEVICE ARE LIMITED TO THE LENGTH OF THAT WRITTEN WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THESE DISCLAIMERS OR LIMITS, SO THEY MAY NOT ALL APPLY TO YOU. IF YOU LIVE IN THE EU OR THE UK, NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) E4L WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICES; AND (b) E4L'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU PAID FOR THE SERVICES, WHETHER TO US OR THROUGH APPLE OR GOOGLE, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) US $100.

NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR, WHERE THE LAW REQUIRES, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE. IF YOU LIVE IN THE EU OR THE UK, NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

16. Indemnification

To the extent the law allows, you agree to indemnify and hold harmless E4L and its officers, employees, and affiliates from claims arising from your misuse of the Services or your breach of these Terms.

17. Dispute Resolution and Arbitration

(a) Talk first. Before starting any formal dispute, the side with the complaint sends the other a written notice: you email customerservice@e4l.com, and we email the address on your account. The notice gives a name, a description of the problem, and what is wanted. We will both try to resolve it informally within 60 days. During those 60 days, the time limits for bringing the claim are paused.

(b) Arbitration. If we can't resolve it, you and E4L agree that any dispute relating to these Terms or the Services will be resolved by binding individual arbitration, not in court, except as set out in (c), (f), and (g). The Federal Arbitration Act governs this Section 17. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Hearings can be held by video or phone, or in the county where you live. Fees are paid as the AAA's consumer rules provide. The arbitrator can award the same individual relief a court could.

(c) Exceptions. Either of us can bring an individual claim in small claims court instead. Either of us can go to court to stop misuse of intellectual property.

(d) No class actions or jury trials. You and E4L each agree to bring claims only individually, not as a plaintiff or class member in any class or representative action. You and E4L each give up the right to a jury trial.

(e) Opting out. You can opt out of arbitration within 30 days of first accepting these Terms by emailing customerservice@e4l.com with your name, your account email, and a statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.

(f) If part of this section fails. If the class-action waiver in (d) is found unenforceable for a claim, that claim will go to court, not arbitration. If a claim seeks public injunctive relief (an order protecting the general public) and the law does not allow that claim to be arbitrated, it will be decided in court after any individual arbitration ends.

(g) Consumers outside the US. If you live in the EU or the UK, the arbitration agreement and class-action waiver in this Section 17 do not apply to you. You can bring claims in the courts where you live, and the choice of Utah law in (h) does not take away the protections of the law of your country that cannot be waived.

(h) Governing law and courts. These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules. Subject to (c) and (g), any claim not sent to arbitration will be brought in the state or federal courts in Salt Lake County, Utah, and you and E4L agree to those courts' jurisdiction.

(i) Changes to this section. If we change this Section 17, the change will not apply to any dispute either of us has already given notice of. You can reject a change to this Section 17 by emailing customerservice@e4l.com within 30 days of it taking effect; the earlier version then continues to apply to you.

18. Termination

You can stop using the Services and delete your account at any time under Profile › Your data. We may suspend or close your account if you break these Terms or if we stop offering the Services. If we close your account for any reason other than your breach of these Terms, or stop offering the Services, we will refund the unused part of any prepaid plan you bought directly from us. Section 5 covers what happens to a subscription, and the Privacy Policy covers what happens to your data.

These parts continue to apply after your account ends: Sections 1-3; Section 5, for amounts owed and refunds; Sections 6, 10, and 11; Section 12, except the license; and Sections 14-17, 20, and 21.

19. Changes to the Services and These Terms

We may update, change, or stop any feature. We may also update these Terms. If we make a material change, we will tell you in the App or by email. If you keep using the Services after the change takes effect, you accept the updated Terms. If you don't agree, stop using the Services and delete your account. Changes to Section 17 follow Section 17(i).

You agree that we can send you notices and other communications about the Services electronically, in the App or by email.

20. Apple App Store

If you downloaded the App from Apple's App Store, these terms also apply:

• These Terms are between you and E4L only, not Apple. E4L, not Apple, is solely responsible for the App and its content.
• E4L, not Apple, is solely responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support.
• E4L, not Apple, is responsible for any product warranties, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses from a failure to conform to a warranty are E4L's responsibility.
• E4L, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your use of it, including: (a) product liability claims; (b) claims that the App fails to meet any legal or regulatory requirement, including those relating to HealthKit and privacy laws; and (c) claims under consumer protection or similar laws.
• If a third party claims that the App or your use of it infringes their intellectual property rights, E4L, not Apple, is solely responsible for investigating, defending, settling, and resolving that claim.
• You confirm that you are not located in a country under a US Government embargo, or designated by the US Government as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• You must follow any applicable third-party terms when using the App, such as your wireless carrier's terms.
• Questions, complaints, or claims about the App go to E4L at the contact details in Section 21.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

21. General

Other E4L agreements. If you are a practitioner with a signed agreement for the Bioenergetic Wellness System (BWS) software or the Energy4Life Portal, that agreement governs those products. These Terms govern the Services.

Events outside our control. We are not responsible for delays or failures caused by events outside our reasonable control, such as outages, natural disasters, or failures of our service providers.

Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

Entire agreement. These Terms and any terms shown at checkout are the entire agreement between you and E4L about the Services.

No waiver. If we don't enforce a provision, we can still enforce it later.

Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition, or sale of assets.

Contact. Questions about these Terms, cancellations, or billing: customerservice@e4l.com, 310 East 4500 South, Suite #200, Murray, Utah 84107.

California users. Under California Civil Code Section 1789.3, California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.