These Terms of Use ("Terms") are between you and TLVCo, LLC ("TLVCo," "we," "us," or "our") and govern your access to and use of Sable, related content, services, and purchases. Before using Sable, you must affirmatively accept these Terms through the in-app acceptance control. By selecting that control, you acknowledge that you have read and agree to these Terms. TLVCo may retain the version and date you accepted. If you do not agree, do not use Sable.
1. Apple Standard EULA
Sable is distributed through Apple's App Store under Apple's Standard Licensed Application End User License Agreement ("Apple Standard EULA"), available at apple.com/legal/internet-services/itunes/dev/stdeula. These Terms supplement the Apple Standard EULA for Sable services, content, purchases, and use. If these Terms conflict with the Apple Standard EULA on a matter governed by that agreement, the Apple Standard EULA controls to the extent required by Apple or applicable law.
2. Eligibility
You may use Sable only if you have legal capacity to agree to these Terms under applicable law. If local law requires authorization from a parent or guardian, you may use Sable only with that authorization.
3. Health and medical disclaimer
Sable is provided for informational and general wellness purposes. Sable is not a substitute for independent professional judgment or advice. Sable is not medical advice, a medical device, diagnosis, treatment, cure, or prevention of disease or any other medical condition. Sable does not monitor you, detect emergencies, or contact emergency services. If you believe you may have a medical emergency, contact local emergency services immediately. Use of Sable does not create a doctor-patient or other healthcare-professional relationship.
Sable content, scores, trends, observations, recommendations, and other outputs may be incomplete, inaccurate, delayed, or unsuitable for your circumstances. TLVCo makes no promise regarding sleep improvement, health outcomes, performance, longevity, or any other result. Do not use Sable to make decisions about diagnosis, treatment, medication, emergencies, or any activity in which an error, delay, or unavailable output could cause injury or other harm. Do not disregard or delay professional advice or care because of information from Sable. You remain solely responsible for decisions and actions concerning your health and lifestyle. Consult an appropriately qualified healthcare professional before making lifestyle changes based on information from Sable, especially if you have a health condition, take medication, or have health concerns.
4. Data from Apple Health and other sources
Sable may use information you enter and information you authorize Sable to read from Apple Health. Data supplied by Apple, a device, a wearable, another app, or another third party may be incomplete, delayed, inaccurate, or unavailable. TLVCo is not responsible for the accuracy, completeness, timing, or availability of third-party data or services. You should not make medical or safety-sensitive decisions based solely on Sable or data supplied through Sable. You are responsible for reviewing information at its source and for maintaining appropriate device, wearable, and permission settings.
5. Subscriptions, purchases, and introductory access
Sable may offer auto-renewing subscriptions with billing periods and prices displayed in Apple's purchase flow and may also offer one-time purchase options, including an option described as lifetime access. Available plans, prices, and included features may change prospectively.
An auto-renewing subscription continues and Apple charges the applicable price for each renewal period until you cancel through Apple. Billing, renewal, cancellation, purchase restoration, and App Store refund requests are handled through Apple and are subject to Apple's terms and policies; deleting Sable, deleting Sable data, or stopping use does not cancel an active subscription.
Sable may provide introductory, promotional, or other access without requiring a payment method. Unless you affirmatively start a paid subscription through Apple, such access does not enroll you in an auto-renewing paid subscription.
If a purchase is described as lifetime access, it means access to the applicable purchased Sable offering for the commercial life of that offering while TLVCo continues to provide it, subject to these Terms, the Apple Standard EULA, and mandatory law. It does not promise that Sable, any feature, or any third-party dependency will be offered indefinitely. Except where Apple policy or mandatory law requires otherwise, no refund or prorated credit is due solely because a feature changes or the applicable offering is modified or discontinued.
6. License and ownership
Subject to these Terms and the Apple Standard EULA, TLVCo grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use Sable and its content for your own non-commercial purposes. TLVCo and its licensors retain all rights in Sable, including its software, design, text, methods, scoring approaches, metrics, content, branding, and other intellectual property, except rights expressly granted to you.
If you voluntarily provide ideas or feedback about Sable, you agree that the feedback is non-confidential and grant TLVCo a perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, distribute, commercialize, and otherwise exploit that feedback for any lawful purpose, without restriction, attribution, or payment to you, to the extent permitted by law.
7. Prohibited use
You may not copy, reproduce, distribute, sell, sublicense, scrape, extract, republish, commercially exploit, or create derivative works from Sable or its content; reverse engineer, decompile, disassemble, or attempt to derive source code except where applicable law expressly permits it; bypass access controls or purchase restrictions; interfere with Sable or another user's use; use Sable to violate law or another person's rights; or use automated means to obtain Sable content or data without TLVCo's written permission. Without TLVCo's prior written permission, you also may not use Sable, its outputs, content, data, metrics, methods, or scoring approaches to train, test, benchmark, validate, improve, or develop any artificial-intelligence or machine-learning model, dataset, or competing product or service; remove or alter proprietary notices; probe for vulnerabilities, introduce malicious code, or defeat security controls; or use Sable in clinical care, emergency response, insurance, employment, legal, or other high-risk decision-making.
8. Changes, availability, and suspension
TLVCo may add, modify, remove, suspend, or discontinue features, content, pricing, access methods, or Sable itself, subject to obligations that apply to an active paid period and mandatory consumer law. TLVCo may suspend or end access when reasonably necessary to address misuse, security concerns, legal requirements, nonpayment, or violation of these Terms. TLVCo may also impose reasonable limits needed to protect Sable and its users. TLVCo has no obligation to maintain, update, or continue any particular feature, content, plan, integration, or compatibility with any particular device, software version, wearable, third-party app, or provider, subject to mandatory law and commitments applicable to an active paid period. Any TestFlight, beta, preview, or other pre-release version may contain errors, may change or be withdrawn at any time, and may result in data loss. To the fullest extent permitted by law, TLVCo may take these actions with or without notice and without liability.
9. Third-party services
Sable relies on services provided by Apple and other providers. Their products, availability, terms, and privacy practices are controlled by those providers. To the fullest extent permitted by law, TLVCo is not responsible for third-party services, outages, changes, acts, omissions, or content. Your use of third-party services is at your own risk and subject to their terms.
10. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, SABLE AND ALL RELATED CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TLVCO DISCLAIMS ALL IMPLIED PROMISES, CONDITIONS, AND REPRESENTATIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, COMPATIBILITY, NON-INFRINGEMENT, CONTINUOUS AVAILABILITY, RESULTS, OR THAT SABLE WILL MEET YOUR NEEDS OR THAT ERRORS WILL BE CORRECTED. NO INFORMATION FROM TLVCO CREATES A PROMISE OR OBLIGATION THAT IS NOT EXPRESSLY STATED IN THESE TERMS. USE OF SABLE IS AT YOUR SOLE RISK.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TLVCO AND ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, USE, OR GOODWILL; OR HEALTH, PERFORMANCE, BUSINESS, OR PERSONAL OUTCOMES ARISING FROM OR RELATED TO SABLE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE. THESE EXCLUSIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF A REMEDY DOES NOT ACHIEVE ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TLVCO AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING FROM OR RELATED TO SABLE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID FOR SABLE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW SOME EXCLUSIONS OR LIMITS, SO THOSE EXCLUSIONS OR LIMITS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
12. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless TLVCo and its owners, affiliates, officers, employees, contractors, licensors, and service providers from third-party claims, liabilities, damages, losses, and reasonable costs, including attorneys' fees arising from your unlawful use of Sable, your material violation of these Terms, your infringement of another person's rights, or your misuse of Sable. TLVCo may control the defense and settlement of any covered claim. You will cooperate with the defense and may not settle a claim in a manner that imposes liability, an admission, or an obligation on a protected party without TLVCo's prior written consent.
13. United States arbitration and class-action waiver
This Section 13 applies only to users in the United States. Except for (a) an individual claim eligible for small-claims court, (b) a request for temporary or preliminary injunctive relief to prevent actual or threatened misuse, unauthorized access, circumvention of access controls, or infringement or misappropriation of intellectual property, and (c) public injunctive relief that applicable law requires to remain available in court, any dispute, claim, or controversy arising out of or relating to Sable, any subscription or purchase, communications with TLVCo, TLVCo’s privacy practices, these Terms, or their formation, acceptance, performance, breach, termination, or enforceability (each, a “Dispute”) will be resolved by binding individual arbitration. This applies to Disputes arising before or after acceptance of these Terms and under any legal theory, including contract, tort, statute, fraud, or misrepresentation.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules and applicable fee schedule, except as expressly stated in this Section 13. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
Either party may bring an eligible individual claim in small-claims court, provided that the claim remains in that court and proceeds only on an individual basis. Either party may also seek temporary or preliminary injunctive relief in a court with jurisdiction for a matter described above. Seeking that relief does not waive arbitration of any remaining Dispute.
If the AAA is unavailable or declines to administer a Dispute, the parties will select another nationally recognized arbitration provider that applies consumer procedures comparable to the AAA’s. If the parties do not agree on a provider within 30 days, a court with jurisdiction will appoint one. A court with jurisdiction has exclusive authority to decide whether the parties formed an agreement to arbitrate, whether the class-action waiver is enforceable, and whether a Dispute falls within an express exception from arbitration in this Section 13. The arbitrator has exclusive authority to resolve all other disputes concerning the interpretation, applicability, scope, or enforceability of this arbitration provision.
Before initiating arbitration, the claimant must send the other party an individualized written Notice of Dispute. The notice must identify the claimant, provide information reasonably sufficient to associate the claim with the claimant’s use or purchase of Sable, state the factual and legal basis of the claim, describe the requested relief and any amount claimed, and be personally signed by the claimant. Each notice may concern only one claimant.
Notices to TLVCo must be emailed to support@thelongevityvault.com with the subject “Dispute Notice.” TLVCo may send a Notice of Dispute through Sable or to contact information the user has provided. The parties must allow 30 days after receipt of a Notice of Dispute for a good-faith attempt to resolve the matter. Neither party may initiate arbitration before that period ends. Any applicable filing deadline is paused during this 30-day period.
ARBITRATION WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS. YOU AND TLVCO WAIVE ANY RIGHT TO HAVE A DISPUTE HEARD OR RESOLVED AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION TO THE FULLEST EXTENT PERMITTED BY LAW.
Unless you and TLVCo agree in writing, the arbitrator may not combine the claims of more than one person or preside over a class, collective, consolidated, or representative proceeding. Administrative coordination of individual demands under the AAA’s Mass Arbitration Supplementary Rules does not authorize consolidated adjudication or permit an arbitrator to decide more than one person’s claim. The arbitrator may grant relief only to the individual party seeking relief and only as needed to resolve that party’s individual claim. If the class-action waiver is held unenforceable as to a particular claim or request for relief, that claim or request must proceed in court and may not proceed in class arbitration. All remaining arbitrable claims will continue in individual arbitration. Any court proceeding concerning a severed claim or request will be stayed until the individual arbitration is completed, to the extent permitted by law.
Any request for public injunctive relief that applicable law requires to remain available in court will be severed from the individual arbitrable claims and handled by a court with jurisdiction. To the extent permitted by law, the court proceeding will be stayed until the individual arbitration is completed. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TLVCO WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT PROCEEDS IN COURT.
You may opt out of this arbitration provision by emailing support@thelongevityvault.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Your message must state that you opt out and include information reasonably sufficient for TLVCo to associate the request with your use or purchase of Sable. Opting out does not affect the remaining Terms.
Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules and applicable law. TLVCo will pay amounts that those rules or applicable law require TLVCo to pay. Each party will bear its own attorneys’ fees and costs unless these Terms, the arbitrator, or applicable law authorizes an award of those fees or costs.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE COVERED BY THIS SECTION MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE, OR IT IS PERMANENTLY BARRED, UNLESS APPLICABLE LAW REQUIRES A LONGER PERIOD. The one-year period is paused during the required 30-day informal-resolution period.
14. Governing law and mandatory consumer rights
As between you and TLVCo, these Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-law rules, except that Section 13 is governed by the Federal Arbitration Act. For any United States dispute that is not subject to arbitration, you and TLVCo consent to the state and federal courts located in New York County, New York, except where applicable law permits a small-claims proceeding elsewhere.
If you live outside the United States, or if consumer law in your place of residence provides mandatory rights or a mandatory forum, nothing in these Terms removes rights or remedies that cannot lawfully be waived. The Apple Standard EULA also contains terms that may apply based on your country or place of residence.
15. Changes to these Terms
TLVCo may update these Terms. The current version will be posted at sableformen.com/terms with its effective date. Where required by law, TLVCo will provide additional notice or obtain consent before a material change takes effect. Continued use after an updated effective date constitutes acceptance where permitted by law.
16. Miscellaneous
If any provision of these Terms is held unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain in effect. TLVCo may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or similar transaction. You may not assign your rights under these Terms without TLVCo's written consent, except where applicable law provides otherwise. A delay in enforcing a provision does not waive it. These Terms, the Apple Standard EULA, and purchase terms displayed by Apple constitute the entire agreement concerning Sable and supersede prior or contemporaneous statements on the same subject. The Privacy Policy describes TLVCo's data practices and does not create contractual rights beyond those provided by applicable law. Provisions concerning health and medical limits, subscriptions and purchases, ownership, prohibited use, disclaimers, liability, indemnification, disputes, governing law, and this Section 16 survive termination. Use of Sable does not create a professional, fiduciary, partnership, joint-venture, employment, or agency relationship. TLVCo is not liable for delay or nonperformance caused by events beyond its reasonable control. Except for Apple as provided in the Apple Standard EULA, these Terms have no third-party beneficiaries.
17. Contact
TLVCo, LLC is a New York limited liability company, United States. Questions about these Terms may be sent to support@thelongevityvault.com.