Terms of Service
Welcome to LLENA! These Terms of Service (“Terms”) are a legally binding contract and
govern your access to, and use of, the website and platform at llenafood.life and the application
LLENA (collectively, “Services”) offered by LLENA (AI) HEALTH SOLUTIONS, INC., a
Delaware corporation (“LLENA,” “we,” or “us”). You may sign up as a registered user (“User”)
and create a user account (“User Account”), subject to these Terms.
These Terms provide important information, including your agreement to grant us rights
to your content, our limitation of liability, your waiver of any right to participate in a class
action, and your agreement to resolve any disputes between you and LLENA by binding
individual arbitration. By using the Services, you agree to be bound by these Terms.
It is important that you carefully read and understand these Terms. These Terms and our Privacy
Policy apply to all Users. If you do not agree to these Terms, you should not use the Services.
Using LLENA’s Services
The Services are comprised of a platform that helps Users make diet-related decisions for better
health by providing personalized nutrition suggestions based on biometrics, food preferences,
food sources, and location. In the course of your use of the Services, you may be asked to
provide certain personalized information to us. Information provided through the Services is not
intended to be, and must not be taken to be, the practice of medicine or the practice of other
healthcare services by us.
Use of the Services does not create a physician/patient or provider/patient relationship with
us. We are not recommending or endorsing any specific healthcare provider or treatment
option. The Services are in no way a substitute for medical information or medical advice,
or any replacement for any kind of medical consultation or treatment. If you need medical
advice, please consult a medical professional. If you are experiencing an emergency, please
contact emergency services as soon as possible.
Changes to these Terms or the Services
We reserve the right to change these Terms from time to time, in our sole discretion. In addition,
we may change or stop providing the Services at any time. All changes are effective
immediately. You may be notified of a change to these Terms or Services by email or by a
posted notice upon logging in to your User Account. You agree that your continued use of the
Services following such changes constitutes your acceptance of such changes to these Terms.
LLENA may introduce new features, change existing features, or remove features from the
Services at any time and without notice. If you provide LLENA with any feedback on or
comments regarding the Services, you grant LLENA the right to use such feedback or comments
for any purpose without restriction or payment to you.
The Services allow you to upload or sync content through a third party, including your name,
email address, food preferences, and health information including (but not limited to) blood
pressure and blood sugar data. Anything that you upload, post or otherwise make available on
the Services is user content ("User Content”). You acknowledge and agree that any personal
information that you provide or that we collect in connection with the Services will be treated in
Registration and Your Account
You will need to sign up for a User Account to use the Services. You agree that the information
that you provide us during registration is accurate, complete, and current and that you will update
your information with us to keep it accurate, complete and current. You are solely responsible
for your account and all activity associated with your account, including all transactions that take
place on or using your account and precautions to maintain the confidentiality of your password.
Individuals under the age of 13 are not eligible for a LLENA User Account and are not permitted
to provide personal information to LLENA. You must be 18 years of age to purchase a
subscription to use the Services. Individuals under 18 years old must at all times use the Services
only in conjunction and under the supervision of a parent, or the supervision of a legal guardian
who is at least 18 years old. In all cases, that parent or legal guardian is the User and will be
responsible for any and all use of the Services by the individual under 18. The Services are
provided to individuals for their personal, noncommercial use only. Companies, associations,
and other groups may not register for a LLENA User Account.
Use of Third Party Providers
The Services also help Users select food vendors and may provide direct links to Third Party
Providers (“Third Party Providers”) where Users can select products (“Products”) for delivery by
the Third Party Providers or, if available, for pick up at a designated location. Picking, packing
or delivery services may be performed by Third Party Providers. Delivery may be conducted by
the Third Party Providers’ select method of transportation. You acknowledge that transportation
or logistic services are provided by Third Party Providers who are not employed by LLENA.
The availability of Products listed for sale through the Services does not imply our endorsement
of those Products. We do not represent, warrant, or guarantee that Product descriptions are
accurate, complete, reliable, current or error-free. LLENA is not responsible for the status or
condition of any Product purchased through Third Party Providers. Third Party Providers are
solely responsible for any Products purchased through the Services and any returns, refunds, or
exchanges must be made in accordance with the Third Party Providers’ return policy.
Payments to Third Party Providers
When you use the Services to place an order for products, you authorize the purchase and
delivery of those products from the Third Party Providers you select. Unless otherwise specified,
you acknowledge and agree that the Third Party Providers are acting as your agents in the
picking, packing, and/or delivery of goods purchased by you. You agree that title to any goods
passes to you when they are purchased from the Third Party Providers. You agree that the Third
Party Provider will obtain a credit or debit card authorization to cover the cost of the goods you
have purchased and any separate LLENA or Third Party Provider fees, taxes, and/or tips. If you
purchase any products through Third Party Providers, you agree to pay all applicable fees and
taxes. By providing your payment information to Third Party Providers, you represent and
warrant that you are legally authorized to provide such information and that you are legally
authorized to initiate payments using such information.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction
where the delivery takes place. Please note that prices of products on the Services may be
different than prices offered for the same products in-store or online by the Third Party Provider.
LLENA and Third Party Providers reserve the right to decline orders, refuse partial or full
delivery, terminate accounts, and/or cancel orders at any time. You also acknowledge and agree
that, except as expressly provided for otherwise in these Terms or a separate agreement between
you and LLENA, LLENA does not form any employment or agency relationship with you and
does not hold title to any goods that you order through the Services.
Subscription Terms and Payments
The current subscription fee is $0.00.
We may at any time and from time to time, in our sole discretion, change the fees and charges, or
add new fees and charges, in relation to the Services. We will notify you at least 30 calendar
days in advance of any such change. If you do not agree to the change, you may cancel your
subscription through Apple.
Your Use of the Services
Subject to these Terms, LLENA grants you a limited, non-exclusive, non-transferable, and
revocable license to use the Services. This license is for the sole purpose of enabling you to use
and enjoy the benefit of the Services as provided by LLENA, in the manner permitted by these
Terms. The rights granted to you constitute a limited license and not a transfer of title. All right,
title, and interest in and to the Services (excluding content provided by users) are and will remain
the exclusive property of LLENA and its affiliates.
We disclaim – and you release us from any claims regarding – errors, inaccuracies, and
omissions, specifically regarding (though not in any way limited to) information provided by
you. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update information at any time without prior notice. LLENA makes no guarantees whatsoever as
to the completeness, timeliness, correctness, or accuracy of the materials or data available
through the Services. If you believe any portion of the Services includes an error or inaccuracy,
please notify us.
You are prohibited from any use of data mining, robots, or any other data gathering and
extraction tools in your use of the Services. Unless such restriction is prohibited by law or you
have LLENA’s written permission, you may not reverse engineer or attempt to extract the source
code of the Services.
The Services are protected by copyright, trademark, other laws of the United States, and possibly
by jurisdictions outside of the United States. Nothing in these Terms gives you a right to use
LLENA's intellectual property, including but not limited to LLENA's name or any of LLENA's
trademarks, logos, domain names, other distinctive brand features, or copyrights.
By creating a LLENA User Account, you agree to accept and receive communications from
LLENA or Third Party Providers including via email, telephone call, text message, and push
notifications to the cellular telephone number you provided to LLENA. You understand and
agree that you may receive communications generated by automatic telephone dialing systems
and/or which will deliver prerecorded messages sent by or on behalf of LLENA, its affiliated
companies and/or Third Party Providers, including but not limited to communications concerning
orders placed through your User Account on the Services. Message and data rates may apply. If
you do not wish to receive promotional emails, text messages, or other communications, you
may opt out of such communications at any time by sending an email to email@example.com or
visiting the following URL [INSERT URL].
You agree to use the Services only for lawful purposes and in a manner that does not infringe the
rights of, or restrict the use and enjoyment of the Services by us, other users of the Services
and/or any third party. Such restriction includes conduct which is unlawful, or which may, in
LLENA's sole opinion, harass or cause distress or inconvenience to any person and the
transmission of obscene, defamatory, or offensive content, or result in any disruption, within the
You may not do any of the following while accessing or using the Services: (i) access, tamper
with, or use non-public areas of the Services, LLENA’s computer systems, or the technical
delivery systems of LLENA’s providers; (ii) probe, scan, or test the vulnerability of any system
or network or breach or circumvent any security or authentication measures; (iii) access or search
or attempt to access or search the Services by any means (automated or otherwise) other than
through our currently available, published interfaces that are provided by LLENA; (iv) forge any
TCP/IP packet header or any part of the header information in any email or posting, or in any
way use the Services to send altered, deceptive or false source-identifying information; or (v)
interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of User Content in such a manner as to interfere with or
create an undue burden on the Services.
Copyright Policy/Intellectual Property Policy
We respect the intellectual property rights of others and expect Users of the Services to do the
same. We will respond to notices of alleged intellectual property infringement, including but not
limited to copyright infringement, that comply with applicable law and are properly provided to
us. If you believe that your User Content has been copied in a way that constitutes copyright
infringement, please submit a claim by e-mailing us or by writing to us at the contact information
The Services may contain links to third party websites, advertisers, services, or other content that
is not owned or controlled by LLENA. We do not endorse or assume any responsibility for such
third party sites, information, products, or services. If you access any third party website, service
or content from LLENA, you do so at your own risk and agree that we will have no liability
arising from your use of or access to any third party website, service or content.
You have permission to use LLENA’s buttons, links, and widgets, subject to these Terms, and
agree that your use of such buttons, links and widgets will link only to the Services. You may not
modify such buttons, links or widgets or associated code in any manner, and may not imply or
suggest that LLENA operates, endorses, sponsors, or recommends the website on which such
buttons, links, or widgets are used. We retain the right to revoke the permission to use such
buttons, links, and widgets at any time for any reason.
We care about the security of our Users. While we work to protect the security of your User
Content and User Account, we cannot guarantee that unauthorized third parties will not be able
to defeat our security measures. Please notify us immediately of any compromise or
unauthorized use of your User Account.
Term and Termination
These Terms are effective from the date that you first access the Services or submit any
information to LLENA, whichever is earlier, and will remain effective until terminated in
accordance with its terms, except for those terms that survive termination.
LLENA may terminate or suspend your User Account at any time, in our absolute discretion,
with or without notice, for any or no reason. You can terminate your User Account at any time.
Upon termination of these Terms, your right to use the Services will immediately cease. All
disclaimers, limitations of liability, indemnification, LLENA’s rights of ownership and licenses
to LLENA will survive any termination.
Following termination or deactivation of your User Account, or if you remove any User Content
from the Service, we may retain your User Content for backup, archival, or audit purposes.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Services or any part or portion thereof, with or without notice to you. You
agree that we will not be liable to you or any third party for any modification, suspension, or
discontinuance of the Services, or any part or portion thereof. Nothing in these Terms will be
construed to obligate LLENA to maintain or support the Services, or any part or portion thereof,
during the term of these Terms.
As a condition of your access to and use of the Services, you agree to indemnify and hold
harmless LLENA and its subsidiaries, affiliates, licensors, licensees, shareholders, officers,
directors, employees, agents and other partners, from and against any claims, suits, proceedings,
disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation,
reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings
brought by third parties), in any way related to (a) your access to or use of the Services, (b) your
User Content, (c) any breach of these Terms, or (d) any claim or allegation that you have
violated the intellectual property rights of other users or third parties. You will not enter into a
settlement of the foregoing without our prior written approval.
Limitation of Liability
By using the Services you may encounter content or information that might be inaccurate,
incomplete, delayed, misleading, illegal, offensive, or otherwise harmful or objectionable. We
provide no guarantees regarding the content posted by other users or third parties.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LLENA SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES,
WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER
INTANGIBLE LOSSES. IN NO EVENT SHALL LLENA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO
THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU
TO LLENA FOR THE PAST SIX MONTHS FOR THE SERVICES.
THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON
WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND WHETHER OR NOT
LLENA HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,
LLENA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM
EXTENT PERMITTED BY LAW, FOR: (I) COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY
OR RELIABILITY OF THE SERVICES OR ANY CONTENT PROVIDED BY THE SERVICES (II) ANY HARM TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF
THE SERVICES; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT AND
OTHER COMMUNICATIONS THROUGH THE SERVICES; AND (IV) WHETHER THE SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THE SERVICES ARE NOT MEDICAL TREATMENT NOR MEDICAL ADVICE AND LLENA EXPRESSLY DISCLAIMS
ALL LIABILITY RELATING TO THE MEDICAL CARE, TREATMENT, AND CONDITION OF USERS. NO
PHYSICIAN/PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES. LLENA DOES NOT
RECOMMEND OR ENDORSE ANY SPECIFIC HEALTHCARE PROVIDER OR TREATMENT OPTION. PLEASE
CONSULT A MEDICAL PROFESSIONAL FOR MEDICAL ADVICE. IF YOU ARE EXPERIENCING AN EMERGENCY,
PLEASE CONTACT EMERGENCY SERVICES AS SOON AS POSSIBLE.
Governing Law and Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of
California, without regard to its conflict of laws provisions. Any claims, legal proceedings or
litigation arising in connection with these Terms or the Services, for which the dispute arbitration
provision below does not apply, will be brought solely in the federal or state courts located in
San Mateo County. You consent to the jurisdiction and venue in such courts and waive any
objection as to inconvenient forum.
You and LLENA agree that any dispute, claim or controversy arising out of or relating to these
Terms or to your use of the Services (collectively "Disputes") will be settled by binding
arbitration, except that each party retains the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other
intellectual property rights. You acknowledge and agree that you and LLENA each are waiving
the right to a trial by jury or to participate as a plaintiff as a class member in any class action
proceeding. Further, unless you and LLENA agree otherwise in writing, the arbitrator may not
consolidate more than one person’s claims and may not preside over any form class action
proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute
Resolution” section will be deemed void. Except as provided in the preceding sentence, this
“Dispute Resolution” section will survive any termination of the agreement contained in these
Arbitration Rules and Governing Law. The arbitration will be administered by the American
Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect,
except as modified by this "Dispute Resolution" section. (The AAA Rules are available
athttp://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will
govern the interpretation of this section.
Arbitration Process. A party who desires to initiate the arbitration must provide the other party
with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be
either a retired judge or an attorney licensed to practice law in the state of California and will be
selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are
unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then
the AAA will appoint the arbitrator in accordance with AAA Rules.
Arbitration Location and Procedure. Unless you and LLENA agree otherwise, the arbitration
will be conducted in San Mateo County, California. If your claim does not exceed $10,000, then
the arbitration will be conducted solely on the basis of documents you and LLENA submit to the
arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA
Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable
exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the
AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon
which the arbitrator based the award. Judgment on the arbitration may be entered in any court
having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the
“Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory
or injunctive relief in favor of the claimant only to the extent necessary to provide relief
warranted by the claimant’s individual claim.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set
forth in the AAA Rules.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and shall not affect the validity
and enforceability of any remaining provisions (except as provided for under “Dispute
Resolution”). This is the entire agreement between you and us relating to the subject matter
herein and supersedes any and all prior or contemporaneous written or oral agreements between
you and us with respect to such subject matter. Neither these Terms nor any right, obligation, or
remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with our
prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be
null and void. We may assign, transfer, or delegate these Terms or any right or obligation or
remedy hereunder in its sole discretion. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any
heading, caption, or section title contained in these Terms is inserted only as a matter of
convenience and in no way defines or explains any section or provision hereof.
The Services are provided by LLENA. You can contact LLENA by emailing us at
firstname.lastname@example.org or by writing to us at the following address:
951 Mariners Island Blvd., Suite 300
San Mateo, California 944