FLYKITT: CONDITIONS OF USE

CONDITIONS OF USE

This is an agreement between you “you” or “the Customer” and Kitt Bio, Inc (with its affiliates, “Kitt Bio” or “we”), who together may be referred to as “Both Parties”. Before using our FlyKitt  Program, please read these Terms of Use, the Kitt Bio Privacy Notice (below), and the other applicable rules, policies, and terms posted on the kittbio.com website or in any package or pack you receive from Kitt Bio or our Partners (collectively, this “Agreement”). By using the FlyKitt Program, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the FlyKitt Program.

For the purpose of these Conditions of Use:

“FlyKitt Program” or “Program” means Kitt Bio’s services to improve performance around jet lag and flights, which includes digital content, software, physical items, and support and other related services, to include FlyKitt Packs and FlyKitt Schedules.

“FlyKitt Pack” or “Pack” means the physical components provided for use during the service, which may include dietary supplements, food, glasses, and other items, but which does not include physical copies of the FlyKitt Schedule, should one or more be provided.

“FlyKitt Schedule” or “Schedule” means the instructions for carrying out the FlyKitt Program, whether in electronic or physical format.

“Software” means all software that we make available to you for use in connection with Kitt Bio Products and Services.

“Partner” or “Partners” mean companies or organizations with whom Kitt Bio has a business relationship, to include content providers and resellers of our products and services, whether those products or services were purchased directly from Kitt Bio or from another party.

“Third Party Service” or “Third Party Product” means any service, application, or product provided by a third party that we recommend for use during the Program, either directly, such as a recommended food item, or indirectly, such as restaurants you may choose to eat at when we recommend that you eat.

1. FlyKitt Program

1.1. FlyKitt Program. A FlyKitt Pack and a FlyKitt Schedule are required to use the FlyKitt Program.

1.2 Use of FlyKitt Programs. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Kitt Bio or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of FlyKitt Programs. YOU MAY ONLY USE EACH SCHEDULE ONE TIME. You may only use a Schedule with a Pack provided by Kitt Bio, and you may only use a Pack with a Schedule provided by Kitt Bio. This license does not include any resale or commercial use of FlyKitt Programs or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of FlyKitt Programs or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

You will not share the FlyKitt Program or any of its parts, physical or digital, with any third party. In the event that you receive a subpoena or other validly issued administrative or judicial process demanding details or parts of the FlyKitt Program, you shall promptly provide Kitt Bio with notice of these requests or requirements before making a disclosure so that Kitt Bio may seek an appropriate protective order or other appropriate remedy, and you shall provide reasonable assistance to Kitt Bio in obtaining any protective order. If a protective order or other remedy is not obtained or Kitt Bio grants a waiver under this agreement, you may furnish that portion (and only that portion) of the FlyKitt Program that, in the written opinion of counsel reasonably acceptable to Kitt Bio, you are legally compelled or otherwise required to disclose. However, you shall make reasonable efforts to obtain reliable assurance that confidential treatment will be accorded to any part of the information or items disclosed or provided in this way.

All rights not expressly granted to you in these Conditions of Use are reserved and retained by Kitt Bio or its licensors, suppliers, rightsholders, or other content providers. FlyKitt Programs may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Kitt Bio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kitt Bio without express written consent. You may not misuse FlyKitt Programs. FlyKitt Programs may only be used as directed. You may use FlyKitt Programs only as permitted by law. The licenses granted by Kitt Bio terminate if you do not comply with these Conditions of Use.

1.3 No Reverse Engineering or Further Use. You may not reverse engineer or tamper with FlyKitt Programs or bypass any security associated with the associated websites or any software, whether in whole or in part. You may not incorporate any portion of the FlyKitt Program into other programs, products, or services, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license any parts of the FlyKitt Program in whole or in part.

1.4 Your Account. You may need your own kittbio.com or mobile application account to use FlyKitt Programs, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may not use an account on kittbio.com, any related website, or related mobile application. Kitt Bio reserves the right to refuse service, terminate accounts, terminate your rights to use FlyKitt Programs, remove or edit content, or cancel orders in its sole discretion.

1.5 Delivery. Kitt Bio will make commercially reasonable efforts to provide you with the FlyKitt Program elements you have purchased by the date indicated during purchase, during communication with customer service, or otherwise. However, these delivery dates are not guaranteed under any circumstances.

1.6 Updates. We may offer updates to FlyKitt Programs at any time and without notice to you.

1.7 Not a Medical Product or Service. You expressly understand and agree that the information, materials, documents, and data provided by Kitt Bio as part of the FlyKitt Program are intended for enjoyment purposes only. They are not intended and should not be construed as the delivery of specific medical care or advice. Persons requiring diagnosis or treatment for an illness should consult their personal physician. Individuals requiring specific nutrition advice should consult directly with a registered dietitian.

1.8 Consult a Physician before Use. YOU AGREE TO SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER PRIOR TO USING THE FLYKITT PROGRAM AND TO RECEIVE ANSWERS TO ANY MEDICAL QUESTIONS OR CONCERNS YOU HAVE REGARDING THE FLYKITT PROGRAM OR ANY NUTRITION, HEALTH, MEDICAL CONDITION, FOOD, BEVERAGE, SUPPLEMENT, AND NUTRIENT OR DRUG INTERACTION FROM YOUR PHYSICIAN OR A QUALIFIED HEALTHCARE PROVIDER. ANY INDIVIDUAL WITH A SERIOUS HEALTH CONDITION, INCLUDING SEVER LIVER CONDITIONS, END-STAGE RENAL DISEASE, OR ANY GALL BLADDER DISEASE, WHO IS PREGNANT, WHO IS TAKING PRESCRIPTION BLOOD THINNERS, WHO HAS ANY SERIOUS ALLERGIES TO FOOD OR DIETARY CUPPLEMENTS OR THER INGREDIENTS, OR WHO IS UNDER 18 YEARS OF AGE MAY NOT USE A FLYKITT PROGRAM UNDER ANY CIRCUMSTANCES WITHOUT THE EXPRESS REVIEW AND APPROVAL OF A QUALIFIED MEDICAL PROFESSIONAL.

Kitt Bio cannot provide medical advice. The FlyKitt Program and information provided on Kitt Bio’s websites, including kittbio.com, is based on published research and does not necessarily take into account any person’s particular health status, nor is it a substitute for personal medical care. Nutritional supplements with a scientific basis in published research may be recommended as part of the FlyKitt Program. However, food is the preferable carrier of nutrients in most instances. Information about performance and health matters changes constantly as new studies are done and new treatments are discovered. Kitt Bio provides no warranty that it has integrated all available data and research.

1.9 No Guarantee of Results. Kitt Bio does not guarantee the results of FlyKitt Programs.

1.10 Providing Programs to Others. Should you provide a FlyKitt Program or other Kitt Bio Product or Service to another person, whether you work for the same organization or not, you must ensure the information provided to customize the Product or Service comes directly from the intended user. The user of the FlyKitt Program must read and agree to this Agreement before using a FlyKitt Program or any other Kitt Bio Product or Service, and YOU MUST NOT PROVIDE ANY INDIVIDUAL A PACK OR SCHEDULE WITHOUT THEIR HAVING READ AND AGREED TO THIS AGREEMENT.

1.11 Functionality; Content. We do not guarantee that FlyKitt Programs or their functionality or content (including recommendations for dietary supplements and included flight times) are accurate, reliable, or complete. You agree to always confirm that flight times are correct and that you have no allergies or other reason not to consume any Pack items or to follow any Schedule recommendations, even if you have previously provided this information to Kitt Bio. Some recommendations may not be possible at the indicated times or at the indicated locations. You may encounter recommendations that you find objectionable. Kitt Bio has no liability for such content.

1.12 Changes to FlyKitt Programs; Amendments. We may change, suspend, or discontinue FlyKitt Programs, or any part of them, at any time without notice. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms on the kittbio.com website. Your continued use of FlyKitt Programs after the effective date of the revised Agreement constitutes your acceptance of the terms.

1.13 Geographic Considerations and Restrictions. YOU ARE RESPONSIBLE FOR ENSURING THAT THE FLYKITT PROGRAM AND ALL OF ITS CONSTIUTENT PARTS ARE LEGAL IN WHATEVER JURISDICTION YOU PLAN TO ENTER WITH A PACK, SCHEDULE, OR ANY OTHER PART OF A PROGRAM. FOR EXAMPLE, DIFFERENT JURISDICTIONS HAVE DIFFERENT LAWS AND REGULATIONS REGARDING DIETARY SUPPLEMENTS AND THEIR USE. IF WE PROVIDE ANY PART OF A PROGRAM FOR A GIVEN TRAVEL ITINERARY, IT DOES NOT GAURANTEE THAT FLYKITT PROGRAMS ARE LEGAL OR ALLOWED IN THE DESTINATION, LAYOVER, OR OTHER JURISDICTIONS. YOU ARE SOLELY RESPONSIBLE FOR ASCERTAINING WHETHER FLYKITT PROGRAMS ARE ALLOWED WHERE YOU GO. We may also restrict the use of FlyKitt Programs in some locations.

1.14 Third Party Services. If you use a Third Party Service, you are responsible for any information you provide to the third party, including the responsibility to protect information as stated in the Agreement. Kitt Bio has no responsibility or liability for Third Party Services. Third Party Service providers may change or discontinue their offerings or features of their Third Party Service.

1.15 Third Party Products. Kitt Bio may recommend third party products that it does not manufacture, develop, or sell. Kitt Bio may also sell third party products. Kitt Bio has no responsibility or liability for such third party products, regardless of whether they were purchased from Kitt Bio.

2. General

2.1 Information. Your interactions with Kitt Bio’s websites, software, or personnel will provide us with information about your lifestyle, preferences, work, and travel. This information may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the Kitt Bio Privacy Notice, which is included on this page. Please review the Privacy Notice to understand our practices.

2.2 Product Descriptions. Kitt Bio attempts to be as accurate as possible. However, Kitt Bio does not warrant that product descriptions or other content of FlyKitt Programs is accurate, complete, reliable, current, or error-free. If a product or Service offered by Kitt Bio itself is not as described, your sole remedy is to return it in unused condition.

2.3 Pricing. We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kitt Bio is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

2.4 Sanctions and Export Policy. You may not use any Kitt Bio Product or Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using a Kitt Bio Product or Service. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

2.5 Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, Kitt Bio may immediately revoke your access to FlyKitt Programs without refund of any fees. Kitt Bio’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

2.6 Electronic Communications. When you use send e-mails, text messages, and other communications from your desktop, mobile device, or telephone to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, phone calls, or notices and messages on kittbio.com or a related website or mobile application, and you can retain copies of these communications for your records You agree to receive automated text messages and calls from Kitt Bio. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2.7 Intellectual Property. You agree that all ideas, know-how, methods, processes, information, documents, models, inventions, plans, copyrightable material and other tangible and intangible materials (“IP and Other Related Materials) used, authored, prepared, created, delivered, conceived or reduced to practice, in whole or in part, by Kitt Bio before and in the course of providing FlyKitt Programs to you or others, including without limitation instructional and educational materials, presentations, designs, plans, FlyKitt Programs, data, and documentation, shall be and remain the sole property of Kitt Bio, regardless of whether communications from you, data provided by you, or any other actions you take in the course of interacting with Kitt Bio inform, influence, or benefit the development of this IP and Other Related Materials. In addition, the techniques, processes, forms, and general business and industry knowledge and information utilized by Kitt Bio in providing or developing FlyKitt Programs shall remain the property of Kitt Bio, including such techniques, methods, processes, forms, knowledge and information developed or acquired before or during the course of providing FlyKitt Programs.

All content included in or made available through any Kitt Bio source, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Kitt Bio or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Kitt Bio source is the exclusive property of Kitt Bio and protected by U.S. and international copyright laws.

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kitt Bio source, including FlyKitt Programs, may be trademarks or trade dress of Kitt Bio in the U.S. and other countries. Kitt Bio’s trademarks and trade dress may not be used in connection with any product or service that is not Kitt Bio’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kitt Bio. All other trademarks not owned by Kitt Bio that appear in any Kitt Bio source are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kitt Bio.

One or more patents owned by Kitt Bio may apply to FlyKitt Programs and to the features and services associated with them. Portions of FlyKitt Programs may operate under license of one or more patents.

2.8 Change of Control. In the event that Kitt Bio, Inc converts to, merges with, or is acquired by another legal entity, you agree that Kitt Bio can transfer the rights and responsibilities of this Agreement to the surviving legal entity, including the ability to use data as set out in Kitt Bio Privacy Notice. You also agree to treat this Conditions of Use as between yourself and the surviving legal entity.

2.9 Disclaimer of Warranties and Limitation of Liability. KITT BIO PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS OTHERWISE SPECIFIED IN WRITING.

KITT BIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF KITT BIO PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF KITT BIO PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KITT BIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

KITT BIO AND OUR PARTERS MAY USE EMAIL AND CLOUD SERVICES WHILE PROVIDING KITT BIO PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS, INCLUDING WHILE USING YOUR PERSONAL DATA. WE AGREE TO USE COMMERCIALLY REASONABLE EFFORTS, IN ACCORDANCE WITH OUR PRIVACY NOTICE TO PROTECT YOUR DATA, INCLUDING FROM PHYSICAL OR ELECTRONIC INTRUSTION OR THEFT, SUCH AS ‘HACKING.’ YOU AGREE THAT THE USE OF INDUSTRY STANDARD PROTECTIONS, SUCH AS THOSE PROVIDED BY GOOGLE APPS FOR BUSINESS AND WIX, IN ADDITION TO THE USE OF STRONG PASSWORDS AND LOCAL ENCRYPTION, RESPRESENTS A REASONABLE DEGREE OF CARE AND DUE CARE.

KITT BIO DOES NOT WARRANT THAT KITT BIO PRODUCTS AND SERVICES, TO INCLUDE FLYKITT PROGRAMS, AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, AND THIRD PARTY PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, KITT BIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF ANY KITT BIO PRODUCT OR SERVICE, TO INCLUDE FLYKITT PROGRAMS, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN THIS SECTION, AND UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF FLYKITT PROGRAMS EXCEED TWO HUNDRED FIFTY DOLLARS ($250).

2.10 Disputes. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF KITT BIO PRODUCTS OR SERVICES, TO INCLUDE FLYKITT PROGRAMS, OR ANY INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY KITT BIO OR OUR PARTNERS WILL BE DECIDED BY CONFIDENTIAL, BINDING ARBITRATION, RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. AN ARBITRATOR MUST ALSO FOLLOW THE TERMS OF THE AGREEMENT AS A COURT WOULD.

Arbitration will be administered by JAMS or its successor organization (“JAMS”) in accordance with JAMS’ then-current Comprehensive Arbitration Rules and Procedures for commercial contracts (except to the extent such rules are inconsistent with the terms hereof). The parties agree that the arbitration shall take place in Los Angeles, CA and shall be conducted before a single neutral arbitrator.  The parties shall mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, each party will submit to JAMS a list of no more than three (3) potential arbitrators nominated by that party and JAMS will choose a single arbitrator from among the potential arbitrators identified in such lists.  In rendering the award, the arbitrator shall apply the governing law set forth herein, except where that law conflicts with this clause and except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.

The award entered or decision made by the arbitrator shall be final and non-appealable.  The arbitrator shall be empowered to award the prevailing party any remedy available at law or in equity not specifically precluded by this Agreement, including without limitation injunctive or declaratory relief.  You agree not to disclose the existence, conduct, and content of any arbitration hereunder, except as required by law. We may disclose the existence, conduct, and content of arbitration to potential investors, partners, or other parties. However, either party may disclose an arbitration award to a court if the other party does not make a good faith effort to comply with the results of the arbitration or the terms of any award in a reasonable period of time.

Kitt Bio and the Customer agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Both Parties waive any right to a jury trial. Both Parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Kitt Bio’s corporate address.

2.11 Applicable Law. By using any Kitt Bio Products or Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, and the Federal Arbitration Act, where relevant, will govern this Agreement and any dispute of any sort that might arise between you and Kitt Bio.

2.12 Policies, Modification, and Severability. Please review our other policies, such as our Privacy Notice, posted on this site. These policies also govern your use of Kitt Bio products and services, to include FlyKitt Programs, and all information, content, materials, software, and third party products and services made available to you by Kitt Bio or our partners. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

2.13 Contact Information. For help with FlyKitt Programs or resolving other issues, please contact Customer Service by e-mail at info@kittbio.com or by phone at (310) 904-6160. Your carrier may charge for calls.

If you have a subpoena or other legal document to serve on Kitt Bio, please note that Kitt Bio does not accept service via e-mail or fax and will not respond to the subpoena or other legal document. All subpoenas or other legal documents must be properly served on Kitt Bio, preferably by mailing the subpoena to Kitt Bio at BOTH our corporate and headquarters addresses.

Our corporate address is:

Kitt Bio, Inc

10000 Washington BLVD Sixth FL

Culver City, CA 90232