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.


Your Privacy

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

the manner described in our Privacy Policy, which can be found at [Add hyperlink to Privacy

Policy].


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.


LLENA Communications

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 info@llenafood.life or

visiting the following URL [INSERT URL].


Your Conduct

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

Services.

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

provided below.


Links

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.


Security

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.


Indemnity

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.


Disclaimers

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.


Dispute Resolution

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

Terms.

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.


Miscellaneous

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.


Contacting LLENA

The Services are provided by LLENA. You can contact LLENA by emailing us at

info@llenafood.life or by writing to us at the following address:

951 Mariners Island Blvd., Suite 300

San Mateo, California 944