TERMS AND CONDITIONS OF USE
THIX LLC, a Limited Liability Company
Welcome to THIX. This App is maintained as a service to our customers. By using this App, you (or sometime referred to as “user”), agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this App.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the THIX LLC LIFE app (the "App") and describe the terms and conditions applicable to your access of and use of the App. This Agreement may be modified at any time by THIX LLC (the “Operator”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at thix.co/terms.
Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this App is and shall continue to be the property of the Operator or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.
4. Intended Audience. This App is intended predominantly for adults over the age of 18. However, minors under the age of 18 can access the content available on the app with authorization from their parents or legal guardians. There are filters on the App that allow you to turn on or off content that may be suggestive to minors, such as the description of reproductive organs and/or the effects of drug use on the body. The intent of the content is to provide a constructive and educational platform for all users and is NOT intended as medical diagnosis. Any treatment of specific symptoms or illnesses must be treated by a licensed physician.
5. Trademarks. Any registered and/or unregistered trademarks found on the App, which may include names, slogans and/or logos are the property of Operator and fully protected under the Federal Lanham Act and applicable common law. No use of these trademarks may be used for other purposes without prior written approval by Operator. Other product and company names mentioned on this App may be trademarks of their respective owners and fall under the same protections.
6. App Use. Operator grants you a limited, revocable, nonexclusive license to use this App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of the Operator and they may terminate your use of this App at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the App. You further agree that information provided by you, if any, is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold Operator and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the App. If your use of this site is funded by a third party, that third party may also be bound to indemnify the Operator for any claims that may arise from the use of the App.
9. User Obligations.
9.1 You acknowledge and agree that the use of the App and its materials is entirely voluntary and not the subject of any state or federal general educational requirements. The purpose of the material is to provide a first-of-its-kind app that resembles and simulates an interactive living human body. All 15 major organs are self-functioning and interconnected with circulatory system and nerve system. They all affect and depend on each other, in a homeostatic way. The LIFE App allows an individual to observe how the human body reacts to different substances such as a cup of coffee or a dosage of adrenaline. The user is able to try up to and around 200 medications, endogenous hormones and neurotransmitters. Moreover, the user is able to track where and how they work on the human body.
9.2 To gain the most benefit from the App, User acknowledges and agrees to the following:
Medical data given is informative and representative only and not intended to be used for medical judgement and/or diagnosis;
Some illicit and/or narcotic drugs are present and can be used in the app for educational purpose. There is an option to turn these on/off. Like illicit drug usages, alcohol and tobacco are also available in the app for educational purpose. None of this information is meant to encourage use of any of these substances and only provided for educational purposes.
9.3 USER’S PARENTS OR LEGAL GUARDIAN ACKNOWLEDGE AND AGREE THAT USE OF THE APP SHOULD BE SUPERVISED AT ALL TIMES BY PARENTS AND OPERATOR IS NOT LIABLE FOR ANY DIRECT OR INDIRECT OUTCOMES, NEGATIVE OR OTHERWISE, THAT MAY ARISE OUT OF THE MINOR’S USE OF THE APP.
10.1 THE INFORMATION ON THIS APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE SITE AND ANY ANCILLARY MATERIALS PROVIDED.
10.2 USER, USER’S PARENTS, USER’S LEGAL GUARDIAN AND ANY THIRD PARTY INVOLVED IN THE CARE OF USER ACKNOWLEDGES AND AGREES THAT THE INFORMATION PRESENTED BY THE OPERATOR MAY BE SENSITIVE AND GRAPHICAL IN NATURE, AND MAY CAUSE UNDESIRED OR UNFORESEEN EFFECTS, INCLUDING BUT NOT LIMITED TO INTOXICATION OF THE BODY. ANY AND ALL RESULTS MAY BE UNPREDICTABLE. NOTHING IN THIS AGREEMENT INFERS OR PROVIDES A GUARANTEE THAT THE USER’S KNOWLEDGE, UNDERSTANDING, OR HEALTH WILL IMPROVE OR WORSEN. MOREOVER, NEITHER THE OPERATOR NOR ANY REFERRING THIRD PARTY (EG. A MEDICAL COMPANY OR GENERIC DRUG) SHALL BE LIABLE UNDER ANY CIRCUMSTANCES SHOULD THE USER’S KNOWLEDGE, UNDERSTANDING, OR HEALTH WORSEN, WITH OR WITHOUT RESULTING IN DIRECT OR INDIRECT NEGATIVE CONSEQUENCES, AFTER HAVING VIEWED THE MATERIAL PRESENTED BY THE OPERATOR OR USED THE APP. SOME INTERACTION OF DRUGS MIGHT NOT BE SHOWN OR FULLY REPRESENTED AND EVERY INDIVIDUALS REACTION MAY VARY.
11. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL USE OF THE APP.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the App;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the App who can be reached as follows:
14. Applicable Law. You agree that this agreement shall be subject to the laws of the State of New York, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Operator or its affiliates.
15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver. The failure of Operator to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Operator must be in writing and signed by an authorized representative of the Operator.
17. Termination. Operator may terminate this Agreement at any time, with or without notice, for any reason.
18. Refund Policy. Please note that the maximum amount of any refund, if it is agreed to, shall not go beyond the repayment of the cost of the license (App fee) that accompanies product usage.
19. Relationship of the Parties. Nothing contained in this Agreement or your use of the App shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. Contact Information: