Welcome to our nutrition and wellness app for Individuals (the “App” or “Service”). The App is owned and operated by Trit Labs, Inc., a Delaware corporation (“Trit”, “we” and “our”). The Service is available for individuals.

These Terms of Service (“Terms”) form a binding agreement between you and Trit, and they govern your use of the Service.

By registering to, accessing or using the Service in any other manner, you indicate that you accept and agree to these Terms and our Privacy Policy that is an integral part of them. If you do not agree to these Terms in their entirety, you must cease your use of the Service.

ABOUT THE SERVICE AND THESE TERMS

The Service helps you to analyze and log your meals, receive personalized insights about your nutrition habits, and get expert-designed nutrition coaching tailored to your goals.

THE SERVICE IS NOT AND SHOULD NOT BE REGARDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, GUIDANCE, COUNSELING, DIAGNOSIS OR TREATMENT. OUR SERVICE IS INTENDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES ON NUTRITION. IN CASE OF ANY HEALTH-RELATED CONCERNS, QUESTIONS OR GUIDANCE NEEDED, SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL, SUCH AS A CERTIFIED NUTRITIONIST OR DIETICIAN. IN CASE OF A MEDICAL EMERGENCY CALL YOUR LOCAL EMERGENCY DISPATCH CENTER.

By agreeing to these Terms you also agree to the use of email (“Electronic Record”) to send you legally required notices. You may withdraw your consent to use an Electronic Record by notifying us at support@trit-app.com and indicating your withdrawal of consent, your full name and postal address. To access and retain a copy of this disclosure or the Electronic Record in which we send you any legally required notices, you will need (i) a computer with a web browser and Internet access and (ii) either a printer or storage space on such device. To request a paper copy of this disclosure or the Electronic Record in which we send you any legally required notices, contact us at support@trit-app.com and indicate your request, your full name and postal address. We will charge you the cost of first-class mail-international, for each paper copy you request. To update the contact details we use to contact you electronically, contact us at support@trit-app.com and indicate your full name, your old email address and new email address.

REGISTRATION AND USER ACCOUNT

The Service is available for registered users only. Registration is available through your account on Google or Apple ("Third Party Provider Account").

Upon registration, we explicitly indicate the fields for mandatory completion. You must submit only true, accurate and complete details for your registration. Incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with the Service and to contact you. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details.

USE OF THE SERVICE

Subject to these Terms, we grant you a worldwide, limited, revocable, non-exclusive, non-sub-licensable, non-transferable and non-assignable right and license, until the termination or expiration of these Terms, the termination of your Account or the discontinuation of the Service, to use the Service in accordance with these Terms. You may access and use the Service solely for you individual and personal use. You may not use the Service for commercial or business purposes or for any purpose which was not explicitly permitted by these Terms.

You must not sell or transfer your account or your login information to any third party. You are solely responsible for all activities performed with or through your user account on the Service.

SUBSCRIPTION AND PAYMENT

Subscription plans and fees. The Service is provided under a paid subscription plan of your choice from among the plans presented to you on the App (each a "Subscription Plan" or "Subscription"). The Subscription Plan you select runs for a specified duration which is presented to you on the App (the "Subscription Term") and is charged at the fees and payment cycles presented to you on the App ("Subscription Fees"). Subscription Fees may be subject to additional taxes imposed by government authorities, including sales tax, or other similar charges. These will either be added to the amount you are charged, or will be charged separately from you.

The Subscription Fees are processed and charged through the third party payment processing service we use. The payments are subject to the payment processing services' terms and conditions that are presented to you when you enter your payment information. We do not handle payment processing directly.

Subscription Cancelation During Trial Period. If the Subscription Plan you selected indicates a trial period, you may cancel your Subscription at any time during the trial period. If you do so, you will not be charged any Subscription Fees and your access to the Service will be discontinued. You can manage or cancel your Subscription at any time through the account settings.

Automatic Renewal. When you select a Subscription Plan, you also provide your express affirmative consent to the following auto-renewal terms.

• Unless you cancel your Subscription at least 24 hours before the end of your Subscription Term, your Subscription Plan automatically renews (and you will be charged for the Subscription Fees for the new cycle) at the end of the Subscription Term.
• If you cancel your Subscription, you will not be charged new Subscription Fees. Your access to the Service will be discontinued at the end of the Subscription Term which you have already paid for. Subscription Fees already paid for will not be refunded. You can manage or cancel your Subscription at any time through the account settings.

If we change the auto-renewal plans to which you have a Subscription, we will notify you no less than seven and no more than thirty days before the changes take effect.

Changing Subscription Plans. During your Subscription Term, you may change your Subscription to a different Subscription Plan we offer. The change will take effect upon the end of your existing Subscription Term.

ACCEPTABLE USE OF THE SERVICE

You are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.

You may not use the Service if you are under 18.

When using the Service, you must refrain from:

• Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the Service or identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service, or in such ways that may impair or disrupt the Service's functionality;
• Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or
• You may not access or use the Service in order to develop or create a similar or competitive product or Service.

ACCOUNT SUSPENSION AND TERMINATION BY TRIT

In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate these Terms, your account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if we determine, in our reasonable discretion that:

• You abused your rights to use the Service;
• You breached the Terms;
• You performed any act or omission that violates any applicable law, rules, or regulations;
• You have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users of the Service;
• You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such act;
• You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or
• You transferred your account to another person or entity;
• You have failed to meet your payments obligations to Trit.

PRIVACY

We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains the privacy practices on the Service.

INTELLECTUAL PROPERTY

All rights, title and interest in and to the Service and the Service's software, including, without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us.

You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service's software, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from us.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, App marks and logo. You must refrain from any action or omission which may dilute or tarnish our goodwill.

You may provide us with feedback, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, the Service's compatibility and interoperability, and information or content concerning enhancements, changes, or additions to the Service that you would like to have, desire or suggest. When you do so, you assign all right, title and interest in and to that feedback to us, including the right to make commercial use thereof, for any purpose we deem appropriate, without charge. You are not entitled to receive any remuneration for our use of your feedback, you represent that the feedback is original or that you have any intellectual property rights necessary to make the submission without restriction. Further, you waive any past, present or future moral rights you may have in the feedback.

CHANGES IN THE SERVICE

We may maintain the Service with periodic releases of updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our "Staff"), for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service, but not in a way that materially diminish the performance or features available on the Service.

We may briefly suspend the operation of the Service for maintenance purpose, and will aim to do so in a fashion that minimizes the impact on the users of the Service.

AVAILABILITY AND QUALITY

The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/WiFi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.

WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

CHANGES TO THE TERMS

We may change these Terms, in whole or in part, at our own discretion and at any time. We will provide you with a notification either through the Service or to your email address that we have in our records. The changes will take effect upon the renewal of your Subscription, and your continued use of the Service through the renewal of your Subscription indicates your consent to the revised Terms.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED FOR USE "AS IS" AND "WITH ALL FAULTS". WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY INTERFACE BETWEEN YOU AND THE SERVICE.

WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK. YOU HEREBY ACKNOWLEDGE AND BEAR ALL RESPONSIBILITY, RISKS, DAMAGES AND LOSS THAT MY BE RESULTED OF USING THE SERVICE.

LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, THE TOTAL AND AGGREGATE LIABILITY OF TRIT AND ITS STAFF, FOR ANY AND ALL DIRECT DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS OR THE SERVICE, IS LIMITED TO THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO OUR LIABILITY.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our employees, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use and access to the Service in violation of any term of these Terms.

TERMINATION OF THESE TERMS

In addition to your right to cancel the automatic renewal of your Subscription, you may, at any time, terminate these Terms, your Subscription and your account by using the 'Delete Account' option under the 'Settings' tab of the App.

In addition to the provisions specified in the section titled "ACCOUNT SUSPENSION AND TERMINATION BY TRIT" We may terminate these Terms and your account upon the end of your existing Subscription Term, by issuing you a notice of such termination in advance of the end of your existing Subscription Term.

Upon termination of these Terms or your account, for any reason:

• Your right to use the Service is terminated and you must immediately cease using the Service;
• We reserve the right (but have no obligation) to delete all of your account data stored on our servers.
• Subscription Fees already paid for will not be refunded.

Sections in these Terms that by their purpose of nature should survive the termination of These Terms, will so survive.

APP MARKETPLACE

Your use of the Service may be subject to additional third-party terms and conditions that govern the App marketplace from which you downloaded the Service: either the AppStore or Google Play ("Stores"). The Stores are operated by Apple and Google ("Store Operators"), and they are not responsible for providing you with the Service or any maintenance or support services with respect to it.

You and Trit agree and acknowledge as follows:

• These Terms are concluded between yourself and us, and not the Store Operators. The Store Operators are not responsible for the Service. In the event of a conflict between these Terms and the Stores' terms of service, the Stores' terms of service shall prevail solely with respect to the conflicting provisions.
• The license granted to you in the Service is a limited, non-transferable license to use the Service on any Store Operators' branded products that you own or control, as permitted by the Store Operators' terms of service.
• Store Operators have no obligation to furnish any maintenance and support services with respect to the Service.
• To the maximum extent permitted by applicable law, the Store Operators will have no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Store Operators' responsibility.
• The Store Operators are not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.
• In the event of any third-party claims that the Service or your possession and use of the Service infringes that third party's IP Rights, the Store Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
• You must comply with applicable third-party terms when using the Service (e.g., you must not be in violation of your wireless data services agreement when you use the App).
• The Store Operators and their subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Store Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

GOVERNING LAW

If you have a complaint about the Service or about Trit, please first contact us at support@trit-app.com, or through the ‘Support’ tab under ‘Settings’ in the App, and we will carefully review and consider your complaint.

These Terms and your use of the Service will be exclusively governed by and construed in accordance with the laws of the state of Israel. Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Service, shall be submitted to the sole and exclusive jurisdiction and venue of the competent courts in Tel Aviv, Israel.

GENERAL

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements regarding the Service.

These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and Trit, other than two parties to a contract.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or delegate these Terms or any of your rights, performances, duties, or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

CONTACT US

You may contact us with any question, request, comment, or complaint that you may have with respect to the Service or these Terms, at support@trit-app.com or through the ‘Support’ tab under ‘Settings’ in the App.