Effective March 10, 2025
Healthium, Inc. ("we", "us," "our") is a Delaware C-corporation (Registration No. 38-4330909) with its registered address at 131 Continental Dr, Suite 305, Newark, DE 19713, USA.
We develop and distribute mobile applications designed to support various health and lifestyle needs, including:
In this Policy, each application is referred to as the “App," and any content available through the App, our emails, and notifications is referred to as the "Content."
Each App, together with the Content, tools, features, functionality, and other information and services including, without limitation, viral, embeddable, or application/device-based features, and related technology, accessed via the Internet, mobile, or other device are collectively referred to as the "Service". For all inquiries, send a message to the email support@healthium.one ("the Email") or from the App.
These Terms are a legal agreement between you and us and contain important information regarding your legal rights, remedies, and obligations. By accessing and using the Service, you: (i) acknowledge that you have read, understand, and agree to be bound by these Terms; (ii) agree to comply with all applicable laws, rules, and regulations with respect to your use of the Service; and (iii) represent that you have the legal capacity to enter into contracts in the jurisdiction where you reside.
Our Privacy Policy constitutes a part of these Terms and explains how we collect, use and protect information that we learn about you as a result of your interaction with us through the App. You can find here our Privacy Policy.
If you do not accept these Terms or are not authorized or eligible to be bound by them, you may not download our App and access and use our Service. Your continued use of the App and the Service manifests your acceptance of these Terms, as revised from time to time.
We may occasionally modify the Terms or the Privacy Policy:
You agree to be bound by any such changes if you continue to use the App after such changes have been accepted or posted.
We may change, restrict access to, suspend or discontinue the App, or any portion or feature of the App, at any time.
No Medical Advice
No Guarantees on Fitness, Health, or Nutrition Outcomes
While the Service provides general wellness insights, exercise recommendations, and nutrition-related suggestions, Healthium, Inc. makes no guarantees regarding any specific results related to fitness, health, or nutrition.
By using the Services, you acknowledge and accept that Healthium, Inc. is not responsible for any lack of results, injuries, or adverse health effects related to the use of the App.
You may be asked to create an account when you download and access the App. This process includes selecting a screen name and providing certain information about you. When creating an account, you represent and warrant that:
Our App is not for persons under the age of 16. If you are under 16 years of age, then please do not use the App.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. Sharing your account or login details with others is strictly prohibited. Any activity conducted through your account is your responsibility. We reserve the right to suspend or terminate your account and your use of the App and the Service in the event you breach these Terms or applicable laws.
The App contains trademarks and service marks owned by us or other third parties. Unless specifically noted that such trademarks or service marks belong to a third party, we own all trademarks and service marks displayed in the App, whether registered or unregistered, including but not limited to, the name of the App, our logo, our design patterns, and our other graphics, the App trade dress, and other indicia of origin of the App services.
The content of the App, including text, graphics, logos, button icons, images, data compilations, and any other works of authorship, both individually and as they are compiled on the App (the "Content"), and software used on this App, are the property of us or third parties, and are protected by copyright and other the United States and foreign intellectual property and related laws, rules, and regulations. The Content includes both materials owned or controlled by us ("the App Content"), and material owned or controlled by third parties and licensed to the App, including User Content (as described below).
The use of our intellectual property is strictly prohibited unless we have granted our prior written consent. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You agree to abide by all copyright notices, information, or restrictions contained in or attached to any of the Content.
We hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to
This license does not transfer any ownership rights to you. As between you and us, we retain all rights, titles and interest in and to the Content (other than your own User Content), and all related intellectual property rights. All rights not expressly granted remain with Healthium, Inc.
We are not responsible to ensure and disclaim any responsibility for your ability to open, use or view the Content we provide. Your license to use the App and the Content does not allow you to:
As a user of the App ("User"), you may enter your data, post content, chat with our representative, publish, submit or transmit your comments, reviews, opinions, testimonials, and other content ("User Content"). We do not guarantee any confidentiality with respect to any User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
In connection with User Content, you affirm, represent, and warrant that:
You are solely responsible for any claims, liabilities, damages, or legal actions arising from your User Content. You agree to indemnify, defend, and hold harmless Healthium, Inc. and its affiliates against any claims resulting from the submission or use of your User Content in violation of these Terms.
We neither endorse the content of your communications, postings, or data, nor assume any responsibility for any threatening, libelous, obscene, harassing, or offensive material contained in such materials or any crime facilitated by use of the App. However, if you encounter any inappropriate, abusive, or unlawful content, or if you believe someone is violating these Terms, please report it immediately by contacting us at: support@healthium.one.
We reserve the right to review, moderate, remove, or restrict access to content that violates these Terms or applicable laws, at our sole discretion.
License to User Content
For clarity, you retain all of your ownership rights in your User Content.
By submitting your User Content to the App, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferable license to (and to allow others acting on our behalf to) access, view, use, reproduce, adapt, modify, distribute, sell, stream, broadcast, prepare derivative works of, publicly display, publicly perform and otherwise exploit such User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any and all media formats and through any and all media channels.
We are always happy to hear from our Users and are grateful for your comments and suggestions how to improve our Service. The following policy applies to all third-party submissions of ideas, comments, suggestions, improvements, proposals or materials: (a) all submissions are non-confidential and non-proprietary; (b) we will not be liable for any use or disclosure of any submission; and (c) we can use the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
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 accounts, 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 devices, 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.
These Terms apply only to the App and the Service. In using the Service, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other users or third parties such as producers ("Third-Party Content"), either in the App or through links to third-party websites or mobile applications.
Because we do not review, monitor, operate or control any such Third-Party Content, you acknowledge and agree that we are not responsible for the availability of such websites or mobile applications and do not endorse and are not responsible or liable, directly or indirectly, for any content, advertising, products, services or other materials on or available from such websites or mobile applications.
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.
You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., App Store, Google Play and/or other app stores (an "Store" or collectively, "Stores"). You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the Stores. You acknowledge that the Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.
The availability of a refund depends on the method of purchase: 1) Subscriptions purchased via App Store or Google Play are subject to such Store's refund policies. This means we cannot grant refunds. You have to contact the relevant Store support.
2) Subscriptions purchased via Paddle (our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our web orders. Paddle provides all customer service inquiries and handles returns) are subject to a full refund within the first 14 days after the purchase. Starting from the 15th day, you are not eligible for any refund.
By submitting a refund request, you expressly consent to the collection, processing, and transmission of the following personal data as necessary to process your request:
To facilitate refund processing, Healthium, Inc. reserves the right to transmit this data to third-party service providers, payment processors, or financial institutions as required to complete your request.
Your data will be handled in accordance with our Privacy Policy and applicable data protection laws.
THE APP AND THE SERVICE ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT 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 THE SERVICE YOU OBTAIN THROUGH OUR APP WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, WILL BE OF A CERTAIN QUALITY, THAT DEFECTS WILL BE CORRECTED, THAT THE APP IS 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 DO NOT WARRANT OR MAKE ANY REPRESENTATIONS 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.
Please note, that some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
FOR PURPOSES OF THIS SECTION, "US" OR "WE" INCLUDES OUR EQUITY HOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, REPRESENTATIVES, AND AFFILIATES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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:
You agree to defend, indemnify and hold harmless Healthium, 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 a settlement arising out of, connected with, or accruing from
We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us and you agree to assist and cooperate with us in the defense or settlement of any such matters.
In the event of a conflict between these Terms and a foreign language version of these Terms, the English language version will govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
We take copyright infringement seriously. If you believe that content on our App or Services violates your copyright, you can request its removal by sending a DMCA Notice to our Copyright Agent at the email: hello@healthium.one.
Important: Submitting a false claim may result in legal penalties, including liability for damages and attorney’s fees under Section 512(f) of the DMCA.
Your DMCA Notice must include:
Failure to provide all required details may result in your request being rejected.
If your content was removed due to a copyright complaint and you believe this was a mistake, you can file a Counter-Notice to dispute it. Send your Counter-Notice to our Copyright Agent at the email hello@healthium.one.
Your Counter-Notice must include:
If the original copyright claimant does not file a court action within 10 business days, we may restore your content.
Important: Knowingly submitting a false Counter-Notice may result in legal consequences, including liability for damages.
Users who repeatedly violate copyright laws may have their accounts permanently suspended or terminated.
We may update this copyright policy at any time. Any changes will be posted on our website.
Nothing contained in these Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your attorney.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the App, the Content, the Service, these Terms and/or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please note that some jurisdictions may have different terms regarding the applicable statute of limitations. If applicable law provides for a longer period, such law will govern only to the extent required.
General Conditions
By agreeing to these Terms:
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.
Some jurisdictions give you the right to take your dispute to court instead of arbitration. If this applies to you, you can choose to either:
You have 30 days from (a) the effective date of these Terms, or (b) your first use of the Service under these Terms, whichever is later, to opt out of arbitration. To opt out, send an email to support@healthium.one with the subject “Arbitration and Class Action Waiver Opt-Out.”
If you do not opt out, you agree to resolve disputes through arbitration and waive your right to litigate in court (except in small claims court).
In the event of a dispute, prior to initiating an arbitration, the party asserting the claim must first send to the othera written Notice of Claim ("Notice").
The Notice must
Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.
The rules of the AAA and ICDR are available at www.adr.org. For the purposes of this section, they are collectively referred to as the "applicable rules."
Any provisions under the applicable rules that permit class actions or collective proceedings are expressly excluded and will not be enforceable.
Settlement Offers: During the arbitration, the amount of any settlement offer made by you or Us shall not be disclosed to the arbitrator.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration after We receive notice of the initiation of arbitration, We will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US$10,000.
All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
Location of Hearing:
Further, unless both you and We agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party's individual claim.
If you have any questions or concerns regarding these Terms, you may contact us by e-mail at support@healthium.one.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.