Terms of Service

Welcome, and thank you for your interest in Oja. Oja is operated by The Matter Company LLC ("Oja," "we," "us," or "our"). These Terms of Service are a legally binding contract between you and Oja regarding your use of the Oja mobile application and related services (collectively, the "Service").

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CREATING AN ACCOUNT, SUBSCRIBING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING OJA'S PRIVACY POLICY AND CONSUMER HEALTH DATA PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN THE "DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER" SECTION BELOW. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

1. Service Overview and Medical Disclaimer

Oja is an artificial-intelligence-powered wellness education tool that analyzes user-submitted food images, user-logged information, and user-selected wellness goals to generate generalized educational insights, scores, explanations, patterns, and suggestions related to food choices and lifestyle behaviors. Oja includes optional features such as protocol "tracks" focused on areas like digestive comfort, regularity, and liver and metabolic wellness, food and symptom logging, weekly reviews, recipes, and plan-building and food-awareness tools designed to support food awareness and lifestyle learning.

The Service is provided solely for general educational and wellness purposes. Oja does not provide medical advice, diagnosis, treatment, disease management, or disease prevention, and the Service is not intended to substitute for professional medical care, clinical judgment, or individualized healthcare advice. Oja is a general wellness product. It is not a medical device, is not regulated by the U.S. Food and Drug Administration (FDA), and has not been evaluated or approved by the FDA.

Oja uses probabilistic artificial intelligence and machine-learning models. Food recognition and ingredient identification are estimates and may misidentify foods, ingredients, quantities, or preparation methods. Nutritional values, scores, and insights are approximations generated from patterns in data and may be incomplete, inaccurate, or not applicable to your individual circumstances. You acknowledge and agree that you are solely responsible for how you interpret and use any information provided by the Service.

Educational Tools, Not Prescriptions

The Service may invite you to make changes to your own diet over time, including choosing to remove certain foods and later reintroduce them, or working toward general targets such as fiber or calorie ranges. These are self-directed, optional, educational tools to help you observe how your own choices relate to how you feel. They are not prescribed elimination diets, medical nutrition therapy, diet prescriptions, or treatment plans, and they are not individualized medical or nutritional advice. You decide what to eat. Any patterns the Service identifies, including foods it associates with how you feel, are educational observations based on the information you log, not medical diagnoses of allergies, intolerances, or any condition. You should consult a licensed physician or registered dietitian before making significant changes to your diet, especially if you have a medical condition.

Allergies, Intolerances, and Reintroduction

Never consume, reintroduce, or test any food that you know or suspect you are allergic or intolerant to, or that your healthcare provider has advised you to avoid, regardless of anything suggested by the Service. Oja does not screen recipes, suggestions, or reintroduction steps for your individual allergies, intolerances, or medical restrictions, and Oja does not guarantee that any food, ingredient, recipe, or recommendation is safe for you. You are solely responsible for reviewing all ingredients and determining whether any food or recommendation is appropriate for your personal health needs. If you experience signs of an allergic reaction or any medical emergency, stop using the food immediately and seek emergency medical care.

Prohibited Medical Uses

You agree that you will not use the Service for:

• medical decision-making;

• diagnosing, monitoring, treating, curing, mitigating, preventing, or managing any disease or medical condition;

• making changes to medications, supplements, or treatment plans; or

• delaying or replacing consultation with a licensed healthcare professional.

The Service is not intended to evaluate, diagnose, treat, cure, mitigate, or prevent any disease or condition, including but not limited to irritable bowel syndrome, acid reflux or GERD, fatty liver disease, diabetes, inflammatory conditions, or metabolic disorders.

Wellness Positioning Clarification

References within the Service or in marketing materials to topics such as digestion, regularity, bloating, heartburn, liver wellness, weight balance, energy, focus, or related areas refer to general wellness patterns and lifestyle education only. To the extent the Service relates lifestyle choices to the risk or impact of a condition, it does so only to reflect the general, well-understood role that healthy lifestyle choices can play, and not to treat or manage any medical condition. Any meal ideas, recipes, plans, targets, or wellness features are for general informational and educational purposes only and are not individualized nutrition therapy, diet prescriptions, or medical treatment plans.

No Doctor-Patient Relationship

Use of the Service does not create a doctor-patient relationship, healthcare provider relationship, or any other professional relationship between you and Oja or any individual associated with the Service. Dr. Saurabh Sethi, MD, and any other individuals with medical credentials who may promote, discuss, contribute to, or reference the Service do so solely in an educational capacity. No licensed physician is providing medical care, diagnosis, or treatment through the Service, and no physician-patient relationship is formed.

Not for Certain Users

The Service involves food logging, food restriction and reintroduction, and tracking of measures such as weight and nutrient targets. It is not designed for, and should not be used by, individuals who have or are at risk of an eating disorder or disordered eating, or for whom such tracking may be harmful. If this may apply to you, please consult a qualified healthcare professional before using the Service. The Service is not a substitute for medical care for any serious or persistent symptoms.

User Responsibility

You should always seek the advice of a licensed physician or other qualified healthcare professional regarding any medical condition, symptoms, dietary change, or health concern. Never disregard, delay, or substitute professional medical advice because of information obtained through the Service. The Service may, at times, suggest that you consult a healthcare professional. That suggestion is general and is not a diagnosis or an assessment of your specific condition.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. You must create an account using sign-in options provided by Apple or Google. By creating an account, you represent that you are at least 18 and that all information you provide is accurate and current.

3. Accounts, Subscriptions, and Billing

Account Creation. To access the Service, you must sign in using Apple or Google. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Oja is not liable for any unauthorized activity on your account.

Subscriptions Through App Stores. Certain features of the Service require a paid subscription. Subscriptions are sold, billed, and managed through the Apple App Store or Google Play (the "App Store"), and your purchase is also subject to the App Store's terms. Prices vary by country and currency and are displayed before you confirm your purchase.

Free Trials and Conversion to Paid. We may offer a free trial. If you start a free trial and do not cancel before it ends, your subscription will automatically convert to a paid subscription, and your App Store account will be charged the applicable price disclosed at sign-up. We disclose trial length, price, and how to cancel before you confirm.

Automatic Renewal. Subscriptions automatically renew at the then-current price for the applicable period unless you cancel at least 24 hours before the end of the current period. Your App Store account is charged for renewal within the window the App Store specifies.

Cancellation. You can cancel at any time through your App Store account settings. Cancellation takes effect at the end of the current billing period, and you retain access until then. Deleting the app does not cancel your subscription.

Refunds. Payments are generally non-refundable except as required by law or by the applicable App Store's policies. Refund requests for App Store purchases are handled by Apple or Google in accordance with their policies.

Price Changes. We may change subscription pricing. We will provide notice of price changes as required by the App Store and by applicable law, and price changes will not take effect until your next renewal after the notice period.

4. Use of Third-Party Services

The Service may integrate with third-party tools for functions such as cloud hosting, AI processing, analytics, and customer support. Your use of the Service may be subject to those third parties' terms, which are incorporated by reference where applicable. Oja is not responsible for the practices of third-party services.

5. Third-Party Links

The Service may contain links to third-party websites or resources. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or services on or available from those websites or resources. You access third-party websites and resources at your own risk.

6. Your Content and Intellectual Property

Your Content. You retain ownership of the photos, logs, and other content you submit to the Service ("Your Content"). You grant Oja a worldwide, non-exclusive, royalty-free license to host, store, process, and use Your Content as needed to operate and provide the Service to you, including sending it to our service providers for processing. We may also use de-identified or aggregated information derived from Your Content to analyze, develop, and improve the Service. We handle health-related content as described in our Privacy Policy and Consumer Health Data Privacy Policy.

Our Content. The Service, including its software, design, text, graphics, logos, and the "Oja" name and marks, is owned by Oja or its licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use, subject to these Terms.

Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

7. Prohibited Conduct

By using the Service, you agree not to:

• Use the Service for any illegal or unauthorized purpose.

• Upload content that infringes intellectual property rights or violates applicable law.

• Harass, threaten, or harm others.

• Interfere with the Service's operation or security features.

• Reverse-engineer, decompile, or attempt to access the Service's source code, except as permitted by law.

• Use bots, crawlers, scrapers, or similar automated tools to access the Service.

• Use the Service or its outputs to provide medical, diagnostic, or treatment services to others.

Oja reserves the right to suspend or terminate accounts that violate these Terms.

8. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. Sections that by their nature should survive termination will survive, including Sections 1, 6, 8, 9, 10, 11, and 15 through 22.

9. Limitation of Liability

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF OJA AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THESE TERMS, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM, OR 100 USD IF YOU HAVE NOT PURCHASED ANYTHING THROUGH THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OJA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, ANY RELIANCE ON OUTPUTS OF THE SERVICE, OR ANY FOOD, INGREDIENT, RECIPE, OR RECOMMENDATION ASSOCIATED WITH THE SERVICE, EVEN IF OJA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE JURISDICTIONS, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OJA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION TO THE FOREGOING, OJA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, IMPROVE ANY HEALTH OR WELLNESS OUTCOME, BE COMPATIBLE OR WORK WITH OTHER SOFTWARE OR SERVICES, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY. IN SUCH CASES, THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

11. Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Oja and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms or any applicable law; or (d) your reliance on, or use of, any output of the Service, including any food, ingredient, recipe, or recommendation.

12. Apple and Google App Store Terms

This section applies to the extent you download or use the Service from the Apple App Store or Google Play. You acknowledge that these Terms are between you and Oja only, and not with Apple or Google. Apple and Google are not responsible for the Service or its content. Apple and Google have no obligation to provide maintenance or support for the Service. To the maximum extent permitted by law, Apple and Google have no warranty obligation with respect to the Service, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the Service to conform to any warranty are our responsibility, not Apple's or Google's. Apple and Google are not responsible for addressing any claims relating to the Service, including product liability, legal or regulatory compliance, or intellectual property claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and Google, and their subsidiaries, are third-party beneficiaries of these Terms and may enforce them against you.

13. United States Legal Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (b) you are not listed on any United States government list of prohibited or restricted parties.

14. For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms affects your rights as a consumer to rely on those mandatory provisions.

15. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution First. If you have a concern or dispute about the Service, you agree to first try to resolve it informally by contacting us at support@ojacare.com. We will try in good faith to resolve the dispute for at least 60 days after you notify us.

Binding Arbitration. If we cannot resolve a dispute informally, you and Oja agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for alleged infringement or misuse of intellectual property or unauthorized access to the Service. The arbitration will be administered by a recognized arbitration provider under its applicable consumer rules, and may be conducted by telephone, video, or written submissions, or in person in the county where you reside.

Class Action Waiver. YOU AND OJA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

Jury Trial Waiver. YOU AND OJA WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THIS SECTION.

Exceptions and Severability. If any portion of this Section is found unenforceable, that portion shall be severed, except that if the Class Action Waiver is found unenforceable as to a particular claim, that claim shall proceed in court rather than in arbitration. Nothing in this Section prevents you from contacting a government agency where the law allows.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 15. Subject to Section 15, the state and federal courts located in California will have exclusive jurisdiction over any disputes not subject to arbitration.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise that right or require performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

19. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets, or as otherwise permitted by law.

20. Force Majeure

Oja will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, internet or utility failures, or governmental action.

21. Entire Agreement; Changes to the Service or Terms

These Terms, together with the Privacy Policy and Consumer Health Data Privacy Policy, constitute the entire agreement between you and Oja regarding the Service. Oja reserves the right to modify or discontinue the Service at any time. We may update these Terms from time to time. Material changes will be communicated to users with at least 30 days' notice where required, and your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

22. Contact Information

If you have any questions about these Terms, you can contact us at:

Email: support@ojacare.com
The Matter Company LLC