Terms of Service

Documents Incorporated by Reference:

• Privacy Policy located at https://sempervalidus.com/privacy
• Terms of Subscription and Payment located at https://sempervalidus.com/subscription-terms

These Terms of Service, together with any documents expressly incorporated by reference, including the Privacy Policy, Terms of Subscription and Payment, and any subscription, payment, or promotional terms presented in or through the mobile application, govern access to and use of the Semper Validus mobile application and related content, features, tools, and services.

By creating an account, downloading, accessing, or using Semper Validus, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Semper Validus.

Article 1. Definitions

“App” means the Semper Validus mobile fitness application, including all software, features, content, interfaces, updates, documentation, and related services made available by Company.

“Company,” “we,” “us,” or “our” means Semper Validus, LLC, a Florida limited liability company.

“Health Information” means information you enter, upload, generate, or make available through the App relating to your health, wellness, body metrics, exercise routines, nutrition, symptoms, medical conditions, medications, injuries, limitations, goals, progress, biometric or wearable-device data, and other health or wellness-related information.

“Terms” means these Terms of Service.

“User Content” means all information, data, text, images, photographs, videos, comments, exercise logs, routines, Health Information, profile information, messages, and other materials that you submit, upload, transmit, store, display, or otherwise make available through the App.

“you” or “User” means the individual accessing or using the App.

Article 2. Eligibility; Account Registration

2.1 Age Restriction. The App is intended solely for individuals who are at least 18 years of age. By accessing or using the App, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms. No person under 18 years of age may create an account, access the App, submit User Content, or use the App for any purpose.

2.2 Account Information. You agree to provide accurate, current, and complete account information and to update such information as necessary. You are responsible for maintaining the confidentiality of your login credentials and for all activities occurring under your account.

2.3 Unauthorized Use. You must promptly notify Company at support@sempervalidus.com of any suspected unauthorized access to or use of your account. Company is not responsible for losses arising from your failure to safeguard your credentials.

2.4 Right to Refuse or Terminate Access. Company may refuse registration, suspend access, terminate accounts, remove content, or restrict use of the App at any time, with or without notice, if Company determines, in its sole discretion, that a User has violated these Terms, created risk for Company or others, or used the App in a manner inconsistent with its intended purpose.

Article 3. Nature of the App; No Medical Advice

3.1 Fitness and Wellness Tracking Only. The App is a fitness, exercise, and wellness tracking tool that allows Users to input, store, monitor, and review exercise routines, performance metrics, goals, progress, and Health Information over time. The App is not a medical device and is not intended to diagnose, treat, cure, mitigate, or prevent any disease, injury, disorder, or medical condition.

3.2 No Medical or Diagnostic Advice. Company does not provide medical, clinical, nutritional, psychological, therapeutic, diagnostic, emergency, or professional health-care advice through the App. Any information, content, trends, analytics, summaries, reminders, prompts, recommendations, or other materials made available through the App are for general informational, fitness, and wellness purposes only and must not be relied upon as medical advice or as a substitute for consultation with a licensed physician, qualified health-care provider, certified trainer, or other appropriate professional.

3.3 Consultation with Professionals. You are solely responsible for determining whether any exercise routine, activity, goal, recommendation, or use of the App is appropriate for you. You should consult a qualified health-care provider before beginning, modifying, or discontinuing any exercise, diet, medication, treatment, or wellness program, particularly if you have a medical condition, are pregnant, have recently been injured, experience pain, dizziness, shortness of breath, fainting, abnormal symptoms, or have been advised to avoid or limit physical activity.

3.4 Emergency Matters. The App is not designed for emergencies and must not be used to seek emergency medical assistance. If you believe you may have a medical emergency, you should immediately contact emergency services or seek medical care through appropriate emergency channels.

3.5 No Provider-Patient Relationship. Your use of the App does not create a physician-patient, provider-patient, therapist-client, trainer-client, fiduciary, or other professional relationship between you and Company or any of Company’s members, managers, employees, contractors, affiliates, licensors, vendors, or representatives.

3.6 Not for Persons with Eating Disorders or Related Conditions. The App is not intended for, and should not be used by, any person who has, is recovering from, or is predisposed to an eating disorder, disordered eating, body dysmorphia, compulsive exercise behavior, or any other physical or mental health condition for which fitness, exercise, calorie, weight, or wellness tracking may be harmful or contraindicated. If you have or may be susceptible to any such condition, you should not use the App and should consult a qualified health-care provider before doing so. Company expressly disclaims any and all liability for the development, recurrence, triggering, worsening, or exacerbation of any such condition arising out of or relating to your access to or use of the App.

3.7 Nutritional, Supplement, and Medication Information. Any nutritional, dietary, caloric, macronutrient, dietary-supplement, or medication-related information, calculations, or content made available through the App is provided for general informational purposes only, is not tailored to your individual circumstances, and is not a substitute for advice from a licensed physician, pharmacist, registered dietitian, or other qualified professional. The App does not evaluate or account for potential interactions among dietary supplements, foods, or medications, and you should consult a qualified professional before beginning, changing, or discontinuing any supplement, diet, or medication or relying on any calorie, macronutrient, or nutritional information made available through the App.

3.8 No Reliance. You acknowledge and agree that you have not relied, and are not relying, on any statement, representation, advice, recommendation, content, output, or information of Company or the App in deciding to undertake or continue any exercise, dietary, training, wellness, or other activity, and that any decision to do so is made solely on the basis of your own independent judgment and, where appropriate, the advice of your own qualified professionals.

Article 4. Assumption of Risk; Personal Responsibility

4.1 Inherent Risks. You acknowledge and agree that physical exercise, fitness activities, training programs, changes in activity levels, and related wellness activities involve inherent and significant risks, including muscle soreness, sprains, strains, falls, overexertion, dehydration, aggravation of preexisting conditions, abnormal blood pressure or heart rate, serious bodily injury, permanent disability, and death.

4.2 Voluntary Participation. You voluntarily assume all risks associated with your access to and use of the App, your reliance on any information made available through the App, and your participation in any exercise, routine, movement, challenge, goal, or wellness activity, whether entered by you, generated by the App, or otherwise viewed through the App.

4.3 Sole Responsibility for Decisions. You are solely responsible for your own health, safety, conduct, exercise choices, training intensity, equipment, environment, form, supervision, and compliance with any medical, professional, or other advice applicable to you.

4.4 No Verification. Company does not verify the accuracy, completeness, safety, appropriateness, or medical suitability of any User Content, exercise data, Health Information, user-generated routine, uploaded image, third-party content, device data, wearable data, or information imported into the App.

4.5 Express Assumption of Risk. To the fullest extent permitted by Florida law, you knowingly, voluntarily, and expressly acknowledge, accept, and assume any and all risks of any kind associated with your access to and use of the App and your participation in any physical activity, including risks arising from or relating to any defect, error, bug, malfunction, inaccuracy, interruption, or failure of the App, and including risks arising from or relating to the ordinary negligence of Company or any released party. This assumption of risk applies regardless of whether such risks are known or unknown, foreseeable or unforeseeable, and is intended to be as broad and inclusive as permitted by Florida law.

4.6 Third-Party and Co-Participant Risk. You further acknowledge and voluntarily assume all risks of injury, illness, loss, or damage caused by or arising from equipment, apparatus, facilities, gyms, venues, surfaces, or the physical environment used in connection with any activity; weather or environmental conditions; and the acts, omissions, conduct, advice, instruction, or negligence of other users, coaches, trainers, instructors, spotters, co-participants, or other third parties, whether or not associated with the App. Company has no control over, and assumes no responsibility or liability for, any such persons, equipment, facilities, or conditions.

4.7 Representation Regarding Physical Condition. You represent and warrant that you have no medical condition, injury, impairment, disability, or physical or mental limitation that would make your use of the App or your participation in physical activity unsafe or inadvisable, and that you have obtained any medical clearance recommended or required for your participation in physical activity. You agree to promptly discontinue use of the App and any activity, and to seek appropriate medical attention, if your physical condition changes or if you experience any pain, discomfort, dizziness, or other adverse symptom.

Article 5. Health Information; HIPAA-Related Acknowledgments and Permissions

5.1 Consumer Fitness App Acknowledgment. You acknowledge that the App is offered as a direct-to-consumer fitness and wellness application. Unless Company separately and expressly enters into a written business associate agreement or other written arrangement stating otherwise, Company is not acting as your health-care provider, health plan, health-care clearinghouse, or the business associate of any such entity solely by making the App available to you.

5.2 HIPAA Does Not Apply to Company. You acknowledge that information you submit directly to the App is not be protected by the Health Insurance Portability and Accountability Act and its implementing regulations solely because it relates to your health. Company’s collection, use, disclosure, storage, and processing of information are governed by these Terms, the Privacy Policy, and applicable consumer privacy and data protection laws, to the extent applicable.

5.3 User Authorization and Consent. By submitting Health Information or other User Content to the App, you expressly authorize and consent to Company’s collection, receipt, access, storage, hosting, use, reproduction, processing, analysis, transmission, disclosure, and retention of such information for the purposes described in these Terms and the Privacy Policy, including:

1. operating, maintaining, improving, personalizing, troubleshooting, securing, and supporting the App;
2. displaying, organizing, analyzing, summarizing, charting, and tracking exercise routines, Health Information, performance, progress, goals, trends, and related information over time;
3. sharing information at your direction or through features you enable, including exports, integrations, connected devices, third-party services, coaches, trainers, providers, or other recipients you select;
4. sending service-related notices, account messages, reminders, updates, administrative notices, security alerts, and other communications consistent with your settings and applicable law;
5. creating, using, and disclosing de-identified, aggregated, or anonymized information for analytics, research, benchmarking, product improvement, commercial, and business purposes, provided such information does not identify you personally; and
6. complying with law, legal process, governmental requests, enforcement of these Terms, protection of rights and safety, fraud prevention, security, and risk management.

5.4 Information from Covered Entities or Providers. If you request or authorize a health-care provider, health plan, trainer, coach, employer, wellness program, device provider, or third-party service to disclose information to Company or the App, you are responsible for providing any authorization, consent, release, direction, or permission required by that third party or by applicable law. Company may rely on your direction and authorization to receive, process, and use such information.

5.5 No Request for Restricted Information. You should not submit information to the App that you do not want Company to process under these Terms and the Privacy Policy. You are responsible for the accuracy, appropriateness, and legality of all Health Information and User Content you submit.

5.6 Withdrawal and Account Controls. You may be able to modify, delete, export, or restrict certain information through App features or by contacting Company at support@sempervalidus.com, subject to technical limitations, legal retention obligations, backup systems, fraud prevention, dispute resolution, and legitimate business purposes described in the Privacy Policy.

Article 6. Privacy; Data Use Consent

6.1 Privacy Policy. The Privacy Policy is incorporated into these Terms by reference and describes Company’s practices regarding collection, use, disclosure, retention, and protection of personal information.

6.2 Consent to Data Processing. By using the App, you consent to Company’s collection, use, disclosure, storage, processing, transfer, and retention of all User Content, Health Information, device data, usage data, account data, transaction data, uploaded images, and other information in accordance with these Terms and the Privacy Policy.

6.3 Mobile Device and Technical Data. You consent to Company’s collection and use of technical information associated with your device, operating system, App version, crash logs, diagnostic data, identifiers, settings, location permissions if enabled, and usage interactions as necessary or useful to provide, secure, maintain, analyze, and improve the App.

6.4 Third-Party Integrations. The App may permit integrations with third-party platforms, devices, wearable technologies, app stores, payment processors, analytics providers, or other services. Your use of third-party services is governed by their own terms and privacy practices. Company is not responsible for third-party services, data practices, security, availability, accuracy, or content.

6.5 App Store Terms. Your download, installation, payment, subscription, and use of the App may also be governed by applicable app-store or marketplace terms. If these Terms conflict with mandatory app-store terms applicable to your use of the App, the app-store terms will control solely to the extent of the conflict and solely with respect to your relationship with that app store.

Article 7. License to Use the App

7.1 Limited License. Subject to your compliance with these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the App solely for your personal, non-commercial fitness and wellness tracking purposes.

7.2 Reservation of Rights. Company and its licensors retain all right, title, and interest in and to the App, including all software, source code, object code, interfaces, designs, graphics, trademarks, service marks, trade names, logos, content, databases, algorithms, analytics, compilations, and intellectual property rights. No rights are granted except as expressly stated in these Terms.

7.3 Restrictions. You may not:

1. copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive source code from the App, except to the limited extent such restriction is prohibited by applicable law;
2. sell, rent, lease, sublicense, distribute, assign, transfer, or commercially exploit the App;
3. use the App to develop, train, support, or improve any competing product or service;
4. interfere with, disrupt, overload, damage, or compromise the App or any related systems;
5. bypass, disable, or circumvent security, access controls, usage limits, or technical measures;
6. scrape, harvest, mine, extract, or collect data from the App by automated means without Company’s prior written consent;
7. upload malicious code, viruses, spyware, worms, disabling devices, or harmful components;
8. impersonate any person or entity, misrepresent affiliation, or submit false, misleading, or unlawful information;
9. use the App for unlawful, harmful, abusive, harassing, defamatory, obscene, invasive, fraudulent, or infringing purposes; or
10. use the App in any manner inconsistent with these Terms, applicable law, or the App’s intended purpose.

Article 8. User Content; Uploaded Images; License Grant

8.1 Ownership of User Content. As between you and Company, you retain ownership of User Content you submit to the App, subject to the licenses, rights, consents, and permissions granted in these Terms.

8.2 License to Company. You grant Company a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, copy, process, analyze, display, perform, publish, distribute, transmit, modify, adapt, create derivative works from, and otherwise use User Content, including uploaded images, photographs, videos, exercise routines, Health Information, comments, and profile information, as necessary or useful to operate, provide, maintain, improve, personalize, secure, market, and develop the App and Company’s business, subject to the Privacy Policy and applicable law.

8.3 Uploaded Images. Without limiting Section 8.2, if you upload any image, photograph, video, avatar, progress picture, screenshot, or other visual content, you represent and warrant that you own or have all rights, licenses, permissions, and consents necessary to upload and license such content to Company. You further grant Company the right to resize, crop, format, compress, store, display, and otherwise technically modify uploaded images for App functionality, moderation, storage, backup, commercial use, analytics, security, and related purposes.

8.4 Name, Likeness, and Publicity Rights. To the extent User Content includes your name, image, likeness, voice, persona, biometric appearance, or other indicia of identity, you grant Company the right to use such attributes as reasonably necessary to provide App functionality, display your content according to your settings, administer your account, and exercise the licenses granted in these Terms.

8.5 Feedback. If you provide suggestions, ideas, improvements, requests, comments, or other feedback regarding the App, Company may use, disclose, reproduce, license, and exploit such feedback without restriction or compensation to you.

8.6 Content Responsibility. You are solely responsible for User Content. You represent and warrant that User Content submitted by you does not violate any law, infringe any intellectual property, privacy, publicity, contractual, or other right, contain unlawful or harmful material, or include information you are not authorized to provide.

8.7 Removal. Company may, but has no obligation to, monitor, review, remove, disable, restrict, or refuse any User Content at any time and for any reason, including if Company believes the content violates these Terms, creates risk, or may be unlawful.

Article 9. Subscriptions, Fees, Payments, and Taxes

9.1 Payment Terms. Certain App features may require payment, subscription, in-app purchase, or other fees. Applicable pricing, billing frequency, renewal terms, cancellation procedures, refund rules, trial terms, taxes, and payment methods are described in the Terms of Subscription and Payment.

9.2 Authorization to Charge. By purchasing a subscription or paid feature, you authorize Company, the applicable app store, payment processor, or other billing provider to charge all applicable fees, taxes, and charges to your selected payment method in accordance with the Terms of Subscription and Payment.

9.3 Automatic Renewal. If subscriptions renew automatically, the renewal terms, cancellation deadlines, renewal frequency, and applicable charges will be as stated in the Terms of Subscription and Payment.

9.4 No Refunds Except as Stated. Fees are non-refundable except as expressly stated in the Terms of Subscription and Payment or as required by applicable law.

9.5 Taxes. You are responsible for all taxes, duties, levies, and governmental charges arising from your purchase or use of the App.

Article 10. Disclaimers

10.1 As-Is and As-Available. The App is provided on an “as is,” “as available,” and “with all faults” basis. To the maximum extent permitted by law, Company disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, availability, security, and any warranties arising from course of dealing, course of performance, or usage of trade.

10.2 No Guarantee of Results. Company does not warrant or guarantee any fitness, wellness, weight, strength, endurance, health, medical, aesthetic, performance, behavioral, or other result from use of the App.

10.3 No Accuracy Warranty. Company does not warrant that exercise data, Health Information, analytics, charts, calculations, trends, device data, imported data, or other App outputs will be accurate, complete, reliable, current, uninterrupted, error-free, secure, or suitable for any particular purpose.

10.4 No Availability Warranty. Company does not warrant that the App will be available at any particular time or location, that defects will be corrected, or that the App or related systems will be free of viruses, harmful components, data loss, outages, unauthorized access, or security incidents.

10.5 Third-Party Content and Services. Company disclaims all responsibility and liability for third-party content, services, products, devices, integrations, platforms, app stores, payment processors, trainers, coaches, providers, or other third parties, whether or not accessible through or connected to the App.

Article 11. Release, Waiver, and Covenant Not to Sue

11.1 Release of Claims. To the maximum extent permitted by Florida law, you knowingly, voluntarily, expressly, and irrevocably release, waive, acquit, and forever discharge Company and its members, managers, officers, employees, contractors, representatives, affiliates, successors, assigns, vendors, licensors, and agents from any and all claims, demands, causes of action, damages, losses, liabilities, costs, expenses, injuries, or rights of recovery, whether known or unknown, suspected or unsuspected, accrued or unaccrued, arising out of or relating to:

1. your access to or use of the App;
2. your exercise activities, workouts, routines, training decisions, health decisions, or wellness activities;
3. your submission, use, disclosure, processing, storage, loss, modification, or deletion of User Content or Health Information;
4. your reliance on any information, content, analytics, recommendations, trends, notifications, or outputs made available through the App;
5. any injury, illness, aggravation of condition, disability, death, property damage, or other harm related to physical activity or use of the App; and
6. the acts, omissions, content, products, services, devices, or data practices of any third party.

11.2 Express Waiver of Ordinary Negligence Claims. The release and waiver in this Article 11 expressly includes claims arising from or relating to the ordinary negligence of Company or any released party, to the fullest extent permitted by Florida law.

11.3 Covenant Not to Sue. You covenant and agree that you will not sue, commence, maintain, prosecute, or participate in any claim or proceeding against Company or any released party based on any claim released or waived under this Article 11.

11.4 Scope. This Article 11 is intended to be as broad and inclusive as permitted by Florida law. Nothing in these Terms is intended to release claims that cannot lawfully be released under applicable law.

Article 12. Indemnification

12.1 User Indemnity. You agree to defend, indemnify, and hold harmless Company and its members, managers, officers, employees, contractors, representatives, affiliates, successors, assigns, vendors, licensors, and agents from and against all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

1. your access to or use of the App;
2. your User Content, including Health Information and uploaded images;
3. your violation of these Terms;
4. your violation of applicable law or third-party rights;
5. your exercise, fitness, wellness, health, or training activities;
6. your fraud, willful misconduct, or negligence; or
7. any dispute between you and any third party, including another user, app store, payment processor, provider, coach, trainer, device provider, employer, wellness program, or integrated service.

12.2 Control of Defense. Company may assume exclusive control of the defense and settlement of any matter subject to indemnification, and you agree to cooperate with Company’s defense. You may not settle any indemnified matter without Company’s prior written consent if the settlement imposes any obligation, admission, restriction, or liability on Company.

Article 13. Limitation of Liability

13.1 Exclusion of Damages. To the maximum extent permitted by law, Company and its members, managers, officers, employees, contractors, representatives, affiliates, successors, assigns, vendors, licensors, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, enhanced, or similar damages; loss of profits, revenue, goodwill, data, use, business opportunity, or anticipated savings; personal injury, bodily injury, emotional distress, medical consequences, or property damage; or cost of substitute products or services, whether arising in contract, tort, negligence, strict liability, statute, equity, or otherwise, even if advised of the possibility of such damages.

13.2 Aggregate Liability Cap. To the maximum extent permitted by law, Company’s total aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of:

1. the amounts actually paid by you to Company for use of the App during the three months preceding the event giving rise to the claim; or
2. $100.00.

13.3 Multiple Claims. The liability cap in Section II of this Article 13 is cumulative and aggregate, not per incident, per claim, or per theory of liability.

13.4 Allocation of Risk. You acknowledge that Company would not make the App available without the disclaimers, releases, waivers, indemnities, exclusions, and limitations of liability stated in these Terms, and that such provisions are an essential basis of the bargain between you and Company.

13.5 Essential Purpose. The limitations in this Article 13 apply even if any limited remedy fails of its essential purpose.

Article 14. Termination; Suspension; Effect of Termination

14.1 Termination by You. You may stop using the App at any time. Account deletion can be requested. Any termination of a subscription is subject to the Terms of Subscription and Payment.

14.2 Termination or Suspension by Company. Company may suspend, restrict, or terminate your account or access to the App, in whole or in part, at any time, with or without notice, if Company determines that you have violated these Terms, pose a risk to Company or others, create potential legal exposure, misuse the App, fail to pay required fees, or if Company discontinues or materially modifies the App.

14.3 Effect of Termination. Upon termination, your right to access and use the App will immediately cease. Company may retain, delete, deactivate, or preserve User Content and account information in accordance with the Privacy Policy, these Terms, applicable law, backup procedures, and legitimate business needs.

14.4 Survival. Any provision that by its nature should survive termination will survive, including provisions relating to ownership, licenses, Health Information permissions, data use, disclaimers, assumption of risk, releases, waivers, indemnification, limitation of liability, dispute resolution, governing law, venue, and miscellaneous terms.

Article 15. Changes to the App and Terms

15.1 Changes to App. Company may modify, suspend, discontinue, remove, replace, or limit any part of the App at any time, with or without notice. Company is not liable for any modification, suspension, discontinuation, loss of access, loss of data, or removal of functionality.

15.2 Changes to Terms. Company may update these Terms from time to time by posting revised terms in the App or otherwise providing notice through reasonable means. The revised Terms will be effective as of the date stated in the revised Terms or as otherwise specified.

15.3 Continued Use. Your continued access to or use of the App after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.

Article 16. Communications and Electronic Transactions

16.1 Electronic Communications. You consent to receive communications from Company electronically, including by in-App notice, push notification, email, account message, or other electronic means using contact information you provide.

16.2 Legal Effect. You agree that electronic communications, notices, agreements, disclosures, and records satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by law.

16.3 Contact Information. Company may contact you at the email address, phone number, device identifier, or other contact information associated with your account. You are responsible for maintaining accurate contact information.

Article 17. Governing Law; Exclusive Jurisdiction; Venue

17.1 Governing Law. These Terms, and any dispute, claim, or controversy arising out of or relating to the App, these Terms, User Content, Health Information, or the relationship between you and Company, are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-laws principles that would require application of another jurisdiction’s laws.

17.2 Exclusive Jurisdiction and Venue. You irrevocably agree that the state courts located in Duval County, Florida, and, if federal jurisdiction exists, the United States District Court serving Duval County, Florida, will have exclusive jurisdiction and venue over any dispute, claim, action, or proceeding arising out of or relating to the App or these Terms. You irrevocably submit to the personal jurisdiction of such courts and waive any objection based on inconvenient forum, lack of personal jurisdiction, improper venue, or similar grounds.

17.3 Injunctive Relief. Notwithstanding the exclusive forum provision, Company may seek injunctive, equitable, or emergency relief in any court of competent jurisdiction to protect its intellectual property, confidential information, systems, users, data, or business operations.

17.4 Jury Trial Waiver. To the maximum extent permitted by law, you and Company knowingly, voluntarily, and irrevocably waive any right to trial by jury in any action, proceeding, claim, or counterclaim arising out of or relating to the App or these Terms.

Article 18. Miscellaneous

18.1 Entire Agreement. These Terms, the Privacy Policy, the Terms of Subscription and Payment, applicable third party app-store terms, and any other terms expressly incorporated by reference constitute the entire agreement between you and Company regarding the App and supersede all prior or contemporaneous understandings regarding the same subject matter.

18.2 Order of Precedence. If these Terms conflict with the Privacy Policy, the Privacy Policy governs solely with respect to the handling of personal information. If these Terms conflict with mandatory app-store terms applicable to your use of the App, the app-store terms govern solely to the extent required by the applicable app store.

18.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be enforced to the maximum extent permitted or replaced by a valid provision that most closely reflects the original intent.

18.4 No Waiver. Company’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by Company.

18.5 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without Company’s prior written consent. Company may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, sale of assets, change of control, financing, or by operation of law.

18.6 No Third-Party Beneficiaries. Except for Company’s released parties and indemnified parties, who are intended beneficiaries of the applicable protections in these Terms, these Terms do not create rights in any third party.

18.7 Force Majeure. Company is not liable for delay, failure, interruption, loss, or damage caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, labor disputes, utility failures, telecommunications or internet failures, cyberattacks, acts of government, war, terrorism, civil unrest, supply-chain failures, app-store actions, third-party service failures, or other events beyond Company’s reasonable control.

18.8 Headings. Headings are for convenience only and do not affect interpretation.

18.9 Interpretation. The words “including,” “includes,” and similar terms mean “including without limitation.” The singular includes the plural and the plural includes the singular. These Terms will not be construed against Company merely because Company drafted them.

18.10 Notices to Company. Notices to Company must be sent to: Semper Validus, LLC, 7901 4th Street North, Suite 300, St. Petersburg, Florida 33701, Attention: Customer Support, Email: support@sempervalidus.com.

18.11 Contact. Questions regarding these Terms may be directed to Company at support@sempervalidus.com.

Article 19. User Acknowledgment

By accessing or using the App, you acknowledge that you have read, understood, and agreed to these Terms; that you are at least 18 years old; that you understand the App is not providing medical or diagnostic advice; that you voluntarily assume the risks associated with exercise and use of the App; and that you agree to the releases, waivers, indemnities, limitations of liability, governing law, exclusive jurisdiction, venue, and jury trial waiver stated above.