Effective date: 06.10.2025
PLEASE READ THESE TERMS OF USE CAREFULLY.
THESE TERMS OF USE ARE BINDING.
These Terms of Use (the “Terms”, or the “Agreement”) constitute a legally binding agreement between you (“you” or “your”) and Lasta Inc., a corporation established under the laws of the State of Delaware, with its principal office located at 8480 Honeycutt Road, Suite 200, Raleigh, NC 27615 (“Lasta,” “Company,” “we,” “us,” or “our”), governing your access to and use of our website located at https://lasta.app/ (the “Website”), our mobile application Lasta (the “App” or “Mobile App”) and related services provided by the Company (collectively, the “Services”).
Please read this Agreement carefully. By accessing and using the Services, you acknowledge that you accept and agree to be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Supplemental terms, policies or documents that are indicated in this Agreement are hereby expressly incorporated herein by reference.
We may modify this Agreement from time to time. We will notify you by email, through the App or the Website, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. It is your responsibility to periodically review this Agreement to stay informed of updates. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
1. MEDICAL SERVICES DISCLAIMER
THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER, AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP OR THE WEBSITE. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE OR THERAPY RELATED TO EXERCISE, NUTRITION, WELLNESS OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE OR CONDITION (COLLECTIVELY, “HEALTHCARE SERVICES”). THE APP AND THE WEBSITE MAY NOT BE APPROPRIATE FOR ALL PERSONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICES ARE ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH AND FITNESS GOALS. YOU ACKNOWLEDGE THAT YOUR EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICES, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICES.
YOU SHOULD CONSULT WITH YOUR HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE APP AND THE WEBSITE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. ALL CONTENT PROVIDED THROUGH THE SERVICES, WHETHER PROVIDED BY US OR THIRD PARTIES (EVEN IF THEY ARE CLAIMING TO BE A DOCTOR) IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE APP AND THE WEBSITE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. IF YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.
YOUR USE OF THE SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE APP AND THE WEBSITE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
EACH INDIVIDUAL’S HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED SERVICES YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, LEVEL OF COMMITMENT ETC. THE USE OF THE SERVICES SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE USE OF THE SERVICES.
IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THE APP AND THE WEBSITE. YOU ARE ENCOURAGED TO CONSULT WITH YOUR DOCTOR AND OTHER RELEVANT PROFESSIONALS WITH REGARD TO THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
2. YOUR REPRESENTATIONS AND ELIGIBILITY
As a condition of accessing and using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement, as well as for the purposes for which the Services are not intended under this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
By accessing and using the Services, you represent and warrant that:
- you have the legal capacity and you agree to comply with this Agreement;
- you are of legal age as established by your respective state or country of residence;
- you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Services for any illegal or unauthorized purpose;
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country;
- you are not listed on any U.S. government list of prohibited or restricted parties; and
- your use of the Services will not violate any applicable law or regulation. You own all rights, including intellectual property rights, to your User Content (as defined in Section 8), and your User Content does not infringe the intellectual property rights, privacy rights and other legal rights of third parties.
- you are not a person who is barred from using the Services under applicable law.
As a user of the Services, you agree not to:
- retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorized use of the Services;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;
- use the Services for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
- circumvent, disable, or otherwise interfere with security-related features of the Services;
- engage in unauthorized framing of or linking to the Services;
- interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
- attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
- upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
- use the Services to send automated queries to any website or to send any unsolicited commercial e-mail; disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
- use the Services in a manner inconsistent with any applicable laws or regulations;
- otherwise infringe this Agreement.
Any such forbidden use shall immediately terminate your access to and use of the Services.
3. ACCOUNT REGISTRATION
To access and use the Services, you are required to create an account (the “Account”) via the Website or the App.
To create the Account via the Website or the App, you will be asked to provide certain personal information, including your email address. Please get acquainted with the detailed instructions on how you can start with Lasta at https://lasta.app/faq/.
You agree that you will supply accurate and complete information to us and that you will update that information promptly after it changes.
Any information collected and processed through your access and use of the Services is done in accordance with our Privacy Policy (the “Privacy Policy”).
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account.
It is your sole responsibility to:
a) control the dissemination and use of the Account-related information, including your email;
b) authorize, monitor, and control access to and use of your Account;
c) promptly inform the Company if you believe your Account has been compromised or if there is any other reason you need to deactivate your Account.
You grant the Company, and all other persons or entities involved in the operation of the Services, the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties use, or misuse of information transmitted or received using the Services.
4. APP STORES
You acknowledge and agree that the availability of the App is dependent on the third-party platform from which you accessed or downloaded it (e.g., Apple App Store, Google Play Store, or any other app marketplace) (collectively, the “App Stores,” and individually, an “App Store”). Your use of the App may be subject to the applicable terms, conditions, and policies of the relevant App Store. You agree to comply with all such terms and to pay any applicable fees charged by the App Store or the Company in connection with the App.
You further acknowledge and agree that the App Stores (and their affiliates) are third-party beneficiaries of these Terms and may enforce these Terms against you.
5. CUSTOMER SUPPORT
The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time at the Company’s sole discretion.
When interacting with our customer care representatives, we ask that you maintain a respectful and kind demeanor. Should your conduct towards any of our customer care representatives or other employees be perceived as threatening, harassing, or offensive at any point, we retain the authority to terminate your Account with immediate effect.
6. SERVICES AND SUBSCRIPTIONS
Services
The Website and the App allow you to create the Account associated with your email address. In order to access the Services, you have to download and utilize the App. Please get acquainted with the detailed instructions on how you can login under your Account at https://lasta.app/faq/.
The Services may include, but are not limited to, a weight tracker, water tracker, calorie tracker, step tracker, mood tracker, meal and nutrition plans, fasting plans and programs, exercises, workout plans, and other related features. A detailed description of the Services is provided on the Website and in the App.
We retain the right to implement any changes to the Services (whether to free or paid features) at any time, with or without notice. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Except to the extent prohibited by law or otherwise inapplicable, the Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. If such changes affect your use of the Services, you may delete your Account or cancel your subscription at any time.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
Your rights to use the Services expire at the end of your corresponding subscription. If you do not pay the subscription fees or charges due, we may make reasonable efforts to notify you and resolve the issue.
We reserve the right to disable or terminate your access to the Services (and may do so without notice) and without any reason, if permitted under applicable laws.
Subscriptions
The Services are accessed on a subscription basis for a fee. You may purchase different subscriptions on the Website or through the App Stores by paying a corresponding subscription fee in advance on a recurring interval disclosed to you prior to your purchase.
You authorize us and the App Stores to charge the applicable fees from your payment card or your payment method that you submit. Applicable taxes apply and vary based on corresponding rates. Conversion charges may apply.
Unless you cancel your subscription or turn off the auto-renewal, you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you. The renewal rate will be no more than the rate for the previously paid subscription period, excluding any promotional (introductory) and discount pricing. We may notify you of a subscription rate change prior to your auto-renewal. If you do not agree with a subscription rate change — please cancel your subscription prior the charge date.
Please note that you will be charged no more than 24 hours prior to the start of the subscription period.
One-Time Purchases
You may be granted access to and use certain parts of the Services that provide additional functionality upon payment of a one-time fee, subject to the conditions disclosed to you prior to your purchase. Applicable taxes apply and vary based on corresponding rates. Conversion charges may apply.
Cancellation
You may cancel your subscription in accordance with the applicable cancellation procedures provided for your specific subscription, which may vary depending on whether the purchase was made via the Website or the App Store. The detailed instructions are available at https://lasta.app/faq/ and are communicated to you via the Website and the App.
If you have purchased your Lasta subscription through the App Store, you can manage and cancel your subscription directly through your corresponding App Store account. If you cancel a subscription purchased via the App Store, you will still retain access to the features until the end of the billing period you have already paid for.
If you purchased the subscription via our Website and want to cancel, please:
The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.
1)In the App’s account page, tap the profile button in the top right corner > select “Profile Card” > tap “Manage My Membership” > tap “Cancel; or
2) Contact our support; or
3) Contact us via email: [email protected], and
4) clearly specify that you would like to cancel your subscription in the subject and/or in the email text.
5) send a message from the email you used to register your account.
6) add a payment receipt or an invoice (optional but recommended).
To avoid automatic renewal of your subscription, please ensure you cancel your subscription at least 24 hours before the billing date.
Please note that you cannot cancel your subscription by deleting the App.
Trial
We may offer a paid trial subscription for the Services. The trial provides you access to the Services for a period of time, with details specified when you sign up for the offer. If this is not the case, you will purchase our subscription without a trial.
Unless you cancel your subscription before the end of the trial period, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services.
If you decide to unsubscribe from a paid subscription before we start charging you, cancel the subscription not later than 24 hours before the trial ends.
Except where otherwise inapplicable or prohibited by law, we reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Services during the subscription trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple trials.
Refunds
Purchases via App Stores are subject to such App Stores’ refund policies. Please review the App Stores’ refund policies prior to making a purchase.
Purchases via the Website are non-refundable and non-transferable, except as expressly provided in this Agreement or in our Refund Policy.
7. LIMITED LICENSE TO THE SERVICES
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license (without the right to sublicense) to access and use the Services for personal and non-commercial purposes in accordance with the terms of this Agreement.
You agree, and represent and warrant, that your use of the Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, and you will be solely responsible for your own individual violations of any such laws.
All intellectual property rights on the Website and in the App, except those used by us under relevant licenses, belong to and are vested in the Company and are protected by the applicable law and international copyright laws.
All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to https://lasta.app/contacts/.
8. LICENSE TO THE USER CONTENT
The Services enable you to input personal notes, share your stories, and log certain information into the Services (the “User Content”). You retain all rights to such User Content that you post, share, or log in to the Services. The Company does not claim any ownership in the User Content.
By providing the User Content to the Services, you:
a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App, the Website and related services and/or for the Company’s promotional purposes (for example, by displaying on our Website, within the App, in social media, on any website or platform on the internet as we may deem appropriate), subject to our Privacy Policy; and
b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement.
The Company reserves the right to review all User Content prior to submission to the Services and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
9. EXPORT AND ECONOMIC SANCTIONS CONTROL
The software that supports the Services may be subject to U.S. export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You represent and warrant that you are:
a) not located in any country or region that is subject to a U.S. government embargo; and
b) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of or used for any purposes prohibited by such laws and regulations.
10. DISCLAIMERS
The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or their certain features may not be available in your location or may vary across locations.
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY, HEALTH PROBLEMS, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS WE USE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP OR THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP OR THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THE INFORMATION IN CONNECTION WITH THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER WE NOR USERS OF THE SERVICES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. WE ENCOURAGE YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS, DIETS DESCRIBED IN THE MEAL PLAN, ARTICLES ON THE APP AND THE WEBSITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE APP AND THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER SPOKEN OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE APP OR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
WAIVER OF CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, CONTRACTORS, SUPPLIERS, EMPLOYEES, ADVERTISERS, AND DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS OR USE OF THE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APP OR THE WEBSITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICES.
12. USE OF MOBILE DEVICES
Please note that your provider’s normal rates and fees, such as text messaging and data charges, will still apply if you use the Services on a mobile device.
13. THIRD-PARTY SERVICES
The App and the Website may show or give you access to links to third-party websites, apps, or other products or services (the “Third-Party Services”). The Company does not control Third-Party Services in any manner and, accordingly, does not assume any liability associated with such Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, and to protect your personal information and privacy by using any such Third-Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third-Party Services.
The Company demonstrates to you these Third-Party Services only for convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services.
Your transactions and other dealings with Third-Party Services are solely between you and such Third-Party Services merchant or provider
14. ELECTRONIC COMMUNICATIONS
Using the Services, sending us emails, and completing online forms constitute electronic communications, and you consent to receive electronic communications under these Terms.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
15. YOUR FEEDBACK
We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
16. ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the Services, however, we reserve the right to do so for purposes of operating and maintaining the Services, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable any content posted to the Services or access to the Services at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the Services is objectionable or in violation of this Agreement.
17. INDEMNITY
You agree to defend, indemnify, and hold the Company, its officers, directors, agents, contractors, suppliers, affiliates, employees, advertisers, and data providers harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your:
- use of the Services;
- breach of these Terms;
- breach of your representations and warranties set forth in these Terms; or
- violation of the rights of a third party, including but not limited to intellectual property rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
18. MISCELLANEOUS
The laws of the United States, Delaware, excluding its conflicts of law principles, govern these Terms and your use of the Services.
Any dispute arising from this Agreement shall be governed by the laws of the United States, Delaware, without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE UNITED STATES, DELAWARE, AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL. All claims related to this Agreement must be litigated individually, and you will not consolidate or seek class treatment for any claim.
Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
19. NOTICE AND TAKEDOWN PROCEDURES
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company and providing the following information:
a. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., App page) of an authorized version of the work.
b. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
c. Your name, address, telephone number, and (if available) email address.
d. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
e. A statement that the information that you have supplied is accurate and indicates that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
f. A signature or the electronic equivalent from the copyright holder or authorized representative.
QUESTIONS AND COMMENTS
If you have any comments or questions on any part of the Services or any part of these Terms, please feel free to contact us at Lasta support.
