TERMS AND CONDITIONS

Mighty Technologies, Inc. Terms & Conditions consist of the following sections:

YOUR USE OF MIGHTY HEALTH

Mighty Health is intended to enable you to help yourself. It is your own responsibility how you use Mighty Health and your own risk how your use of Mighty Health affects you. Under no circumstances can Mighty Health replace psychological, psychiatric, therapeutic or other professional diagnosing and/or treatment by trained professionals. Information and content provided through Mighty Health is not medical advice, and Mighty Health does not provide medical or diagnostic services or prescribe medication. Mighty Health can under no circumstances be held liable for the consequences of your use of Mighty Health. ‍

You acknowledge and agree that the Mighty Health is a self-help application designed to help you manage your health and that if you choose to access Mighty Health you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. You also acknowledge and agree that Mighty Health is not intended to diagnose, treat or otherwise address any medical problem and the material on the app, whether posted by Mighty Health employees, or other users, is provided for your information and not as medical advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the App then the former should take precedence. Mighty Health collects user-related data which cannot be used to diagnose cardiovascular disease or any other illnesses. ‍

We also cannot answer any medical queries either through chat or via email or any other means. Any feeling of discomfort that you might experience in connection with your use of Mighty Health must and should make you stop using Mighty Health. If, having used Mighty Health, you experience mental or physical discomfort, including an urge to damage yourself or others, you must immediately seek professional help from a trained specialist. ‍

Do not use Mighty Health for emergency medical needs. If you are experiencing a medical emergency, including thoughts of harm to yourself or others, please immediately contact emergency medical services such as 911, or a crisis hotline. ‍

Children's information

Mighty Health is not an application directed to children under 13 years of age or minors, and we do not knowingly collect personally identifiable information from children under 13 years of age. If you are under 13 years of age, you should not use this application, nor should you provide personal information to us. If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child’s information from our files.

LICENSE AGREEMENT

Mighty Health may be obtained via download through the Apple iTunes App Store (“iTunes”). This paragraph applies to any application version of Mighty Health that you acquire from iTunes. You are solely responsible for ensuring that your devices are compatible with iTunes. ‍

This Agreement is entered into between you and Mighty Health. Apple, Inc. (“Apple”) is not party to this Agreement and shall have no obligations with respect to Mighty Health. Mighty Health, not Apple, is solely responsible for Mighty Health, including any maintenance and support, and the content thereof as set forth hereunder. However, Apple, along with their respective subsidiaries, is a third-party beneficiary of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. If Mighty Health fails to conform to any applicable warranty, you may notify Apple and they will refund the purchase price (if any) of Mighty Health in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain Mighty Health will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain Mighty Health and Mighty Health, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Mighty Health's responsibility. We both acknowledge that Mighty Health, not the download service provider used to obtain Mighty Health, is responsible for addressing any end-user or third-party claims related to Mighty Health, including, but not limited to: (a) product liability claims, (b) any claim that Mighty Health fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, we both acknowledge that, in the event of any third-party claim that Mighty Health or your possession or use of Mighty Health infringes on that third party’s intellectual property rights, as between Mighty Health and the download service provider used to obtain Mighty Health, Mighty Health will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.

DISCLAIMERS

YOUR USE OF MIGHTY HEALTH IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH MIGHTY HEALTH OR OTHERWISE PROVIDED BY US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO MIGHTY HEALTH. WE DO NOT REPRESENT OR WARRANT THAT MIGHTY HEALTH OR ANY INFORMATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MIGHTY HEALTH IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF MIGHTY HEALTH OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY, THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH MIGHTY HEALTH MAY BE OUT OF DATE, AND NEITHER MIGHTY HEALTH NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ‍

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIGHTY HEALTH OR THROUGH ITS SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATIONS OF LIABILITY

MIGHTY HEALTH DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE, FOR ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING MIGHTY HEALTH, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM MIGHTY HEALTH. IN NO EVENT WILL MIGHTY HEALTH, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF MIGHTY HEALTH, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF MIGHTY HEALTH, ANY WEBSITES LINKED TO MIGHTY HEALTH, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH MIGHTY HEALTH, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THE EVENT OF ANY PROBLEM WITH MIGHTY HEALTH OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING MIGHTY HEALTH OR THE CONTENT OR SERVICES.

Termination

1. Either party may terminate this Agreement by giving the other party written notice. ‍

2. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination. ‍

3. Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations in the rest of this agreement.

DISPUTE RESOLUTION

1. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

1. Includes or is accompanied by full and detailed particulars of the Dispute; and

2. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring. ‍

2. Within 10 Business Days after a Dispute Notice is given, a representative (with the authority to resolve the dispute) parties must meet (virtually or otherwise) and seek to resolve the Dispute. ‍

3. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause. ‍

4. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute. ‍

5. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

Electronic Communication, Amendment & Assignment

1. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning. ‍

2. The User agrees that when it provides any consent, authority or agreement through Mighty Health does so as an electronic transaction and warrants that such transaction shall be binding on the party. ‍

3. The User agrees that any request for a consent, authority or agreement it sends to other Users through Mighty Health as an electronic transaction may be sent directly from its email address. ‍

4. The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time. ‍

5. The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change. ‍

6. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

7. Notices must be sent to the parties’ most recent known contact details.

8. The User may not assign or otherwise create an interest in this Agreement.

9. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

General

1. Special Conditions. The parties may agree to any special conditions to this Agreement in writing. ‍

2. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with, the terms of any other Agreement between the Company and the User, or any special conditions made under this Agreement, as relevant, the terms of those other agreements or special conditions shall prevail.

3. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.

4. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

5. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

6. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

7. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.

8. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

THE AUTO-RENEWABLE NATURE OF SUBSCRIPTION

Apple App Store: