1. Introduction
1.1. It is crucial for you to carefully review these Terms of Use (also referred to as
"Agreement" or simply "Terms"). This document forms a binding legal
agreement between you and Rapty Health LLC, with its registered office at 34 N Franklin Ave
Ste 687, Pinedale, WY 82941. Your ability to access and use the services and products
offered by Rapty is conditional upon your acceptance of this Agreement. Should you disagree
with any of these Terms, your access to Rapty, including all related products and services,
will be restricted.
1.2. PAY CLOSE ATTENTION TO THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER
CONTAINED IN SECTION 20 OF THIS AGREEMENT. These provisions significantly influence the
manner in which disputes between you and Rapty will be resolved and clarify your rights to
opt out of certain procedures.
NOTE: You may have non-waivable rights under the laws of your jurisdiction. This Agreement
does not intend to restrict such rights under applicable laws.
1.3. By creating an account, or by accessing or using the App, you are acknowledging and
accepting all terms and conditions outlined in this Agreement. IF THESE TERMS ARE NOT
ACCEPTABLE TO YOU, ACCESS OR USAGE OF THE APP IS PROHIBITED. By selecting “I
Accept,” downloading, installing, or in any manner accessing or utilizing the Service,
you acknowledge your comprehensive understanding and acceptance of these Terms and
Conditions, which include Rapty's Privacy Policy (collectively, “The
Terms”). Your eligibility and agreement to these Terms are mandatory for using the
Service. Should you not meet these criteria or disagree with The Terms, your authorization
to use the Service is not granted. Your interaction with the Service, along with our
provision of it to you, signifies a mutual agreement between you and Rapty to abide by these
Terms.
1.4. Your agreement with us also incorporates the terms outlined in our Privacy Policy,
available at https://rapty.health,
which together with these Terms, constitute the entire agreement.
1.5. In accepting this Agreement, you affirm that: (a) you have thoroughly reviewed and
agree to comply with its terms as well as other referenced policies; (b) you have read and
consent to the terms of the Privacy Policy; and (c) you commit to using the service and its
content solely as outlined in these Terms.
1.6 We appreciate your interest in Rapty and Rapty Health LLC ("Rapty", "our
team", "us", or "our company"). We invite you to explore our online
presence at https://rapty.health,
encompassing our associated websites, applications (inclusive of browser extensions), mobile
applications (App), and an array of content, functionalities, or services made accessible
(collectively referred to as the "Service"). The ensuing Terms of Service
represent a binding legal agreement between you and Rapty in regard to your engagement with
the Service.
*Please note the App may be listed under a different name depending on your location.
2. Who Can Access Rapty?
To utilize the Service, individuals must be a minimum of 18 years of age. By accepting
these Terms, you confirm and guarantee that: (a) you have reached the age of 18; (b) you
have not been previously suspended or removed from the Service; and (c) your registration
for and use of the Service adheres to all relevant laws and regulations. For entities,
organizations, or companies, the person accepting these Terms on your behalf must have the
authority to obligate you to these Terms, and by doing so, you agree to be bound by them.
3. App, Features, and Content are not Medical Advice, Diagnosis, or Treatment
3.1. Rapty Health LLC is not a licensed medical care provider, and the Rapty App is not a
substitute for professional medical advice, diagnosis, or treatment. Before making any
health-related decisions or taking actions that may impact your health or the health of
others, consult with a licensed physician or qualified healthcare provider. Do not ignore or
delay seeking professional medical advice due to information obtained through the App. For
any health-related questions or concerns, or if you experience any changes in your condition
or health status, consult with your healthcare professional. In case of a medical emergency,
immediately call emergency services or go to the nearest emergency room.
3.2. Rapty Health LLC disclaims liability for any errors, omissions, technical
inaccuracies, or typographical errors in provided materials.
3.3 The Service offers a range of educational materials aimed at assisting users in making
more informed choices regarding their food and dining habits. This includes providing
insights into nutrition and food labeling. It's important to note that the SERVICE IS
DESIGNED FOR INFORMATIVE PURPOSES ONLY AND IS GEARED TOWARDS ENHANCING A USER'S OVERALL
WELLNESS. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL GUIDANCE OR TREATMENT, NOR SHOULD
IT BE USED FOR MEDICAL ADVICE OF ANY KIND. FOR ANY DIETARY HEALTH CONCERNS, ALWAYS SEEK
ADVICE FROM A PHYSICIAN OR A CERTIFIED MEDICAL PROFESSIONAL. In addition, the Service offers
functionalities (like a browser extension for desktop users and mobile applications) that
enable users to customize their web browsing, shopping, and dining experiences based on
their own settings and inputs (such as specific dietary needs or preferences). These tools
provide access to detailed information about food ingredients and the ability to add
specific contextual notes related to the foods of interest
4. Registration and Eligibility
4.1. To utilize the Rapty App, you may need to establish or update an account
("Account"). This process involves providing certain personal details, including
but not limited to, your name, birth date, and email address.
4.2. It is imperative that all information you provide for your Account is accurate and
current. Should any of this information change, it is your responsibility to update it
promptly.
4.3. The information you provide for your Account will be protected and utilized as per our
Privacy Policy, accessible at https://rapty.health.
4.4. Rapty Health LLC reserves the right, at its sole discretion, to refuse the creation of
any Account.
5. Using the App
5.1. All content you submit through the Rapty App is subject to Rapty Health LLC's
Privacy Policy, available at https://rapty.health. You bear sole responsibility for
your communications, their consequences, and your reliance on communications found in public
areas of the App. Rapty Health LLC and its licensors are not liable for the outcomes of any
communications in these public areas. If you feel threatened or believe someone else is in
danger, contact local law enforcement immediately. In case of a medical emergency,
immediately call your doctor or emergency services. As a condition of using the App, you
agree not to use it for any purpose that is prohibited by this Agreement. You are
responsible for all your activities in connection with the App and must comply with all
local, state, national, and international laws, regulations, and regulatory codes.
5.2. You agree that the following actions constitute a material breach of this Agreement,
and you SHALL NOT:
5.2.1. Resell, rent, lease, loan, sublicense, distribute, or transfer rights to the App;
5.2.2. Modify, reverse engineer, decompile or disassemble the App;
5.2.3. Copy, adapt, alter, modify, translate, or create derivative works of the App without
written authorization from Rapty Health LLC;
5.2.4. Allow others to use the App, including shared use via a network connection, except
as permitted by this Agreement;
5.2.5. Circumvent or disable any technological features or measures in the App designed to
protect intellectual property;
5.2.6. Use the App with any device, program, or service to circumvent technological
measures controlling access to content protected by copyright laws;
5.2.7. Use or access the App to compile data for use by a competitive product or service;
5.2.8. Use your Account for commercial advertisements, including junk email or repetitive
messages;
5.2.9. Engage in illegal activities through your Account;
5.2.10. Upload or transmit communications that infringe on others' rights;
5.2.11. Upload media containing hate speech, abuse, offensive images or conduct, obscenity,
explicit material, or anything that could incur civil or criminal liability under law or
conflict with this Agreement and the Privacy Policy;
5.2.12. Upload materials containing software viruses or harmful computer code designed to
disrupt software, websites, or the App;
5.2.13. Use data, content, or features from the App and website to diagnose, treat, or
manage health conditions.
Engaging in prohibited use will immediately terminate your license to use the App. While
Rapty Health LLC grants you permission to use the App, this is conditional upon your
compliance with this Agreement. Violating these Terms will revoke your permission to use the
App.
6. Export and Economic Sanctions Control
6.1. The software underlying the Rapty App is subject to various export and re-export
control laws and regulations. These include the Export Administration Regulations
(“EAR”) administered by the U.S. Department of Commerce, trade and economic
sanctions overseen by the Treasury Department’s Office of Foreign Assets Control
(“OFAC”), and the International Traffic in Arms Regulations (“ITAR”)
managed by the Department of State.
6.2. By using the Rapty App, you represent and warrant that you are not located in a
country or region subject to a U.S. government embargo. You also confirm that you are not
listed as a denied party under the regulations mentioned above.
6.3. In using the Rapty App, you commit to comply with all applicable export laws and
regulations. You agree to ensure that neither the App nor any related technical data, nor
any direct product thereof, is exported or re-exported, directly or indirectly, in violation
of these laws. Furthermore, you agree not to use the App or any derived technology for
purposes prohibited by these laws and regulations.
7. Limited License to the App
7.1. Rapty Health LLC grants you a personal, worldwide, revocable, non-transferable, and
non-exclusive license to access and use the Rapty App for personal and non-commercial
purposes in line with this Agreement. You are prohibited from copying, storing, modifying,
distributing, transmitting, performing, reproducing, publishing, licensing, creating
derivative works from, transferring, or selling any text, graphics, logos, designs, icons,
images, software, or code obtained from the App without prior written permission from Rapty
Health LLC, which may be withheld at its discretion. You must not download or use any
content from the App provided by Rapty Health LLC or its licensors for commercial purposes,
in ways likely to cause confusion, discredit, or infringe upon the intellectual property
rights of Rapty Health LLC or its licensors. Misuse of content from the App, whether owned
by Rapty Health LLC or third parties, is strictly prohibited.
7.2. All rights, title, and interest in the App not explicitly granted in this Agreement
are reserved by Rapty Health LLC. To use Rapty Health LLC's software, trade name,
trademarks, service marks, logos, domain names, or other distinctive brand features or
content, written permission is required. Permission requests can be directed to [email protected].
7.3. For clarity, Rapty Health LLC retains ownership of all text, images, photos, audio,
video, location data, software, and other forms of data or communication created and made
available in association with the App. This includes visual interfaces, interactive
features, graphics, design, compilation of User Content (as defined below), and aggregate
user review ratings, among other elements and components of the App, excluding User Content
(collectively, “Rapty Health LLC's Content”). Except as explicitly stated
in this Agreement, no express or implied rights to the App or Rapty Health LLC's
Content are granted to you.
8. License to User Content
8.1. The Rapty App allows you to enter personal notes, share your stories, post or upload
content, and log specific information (“User Content”). You maintain ownership
of any User Content you submit, post, or log in the App.
By submitting your User Content to the App, you (a) grant Rapty Health LLC a non-exclusive,
transferable, sublicensable, global, royalty-free license to use, reproduce, exploit,
modify, publicly display, perform, create derivative works from, incorporate into other
works, alter, reformat, and distribute your User Content in connection with operating and
providing the App and its related services, and for Rapty Health LLC’s promotional
purposes (including displaying on our website, within the App, on social media, or any
internet platform as we see fit), as governed by the Privacy Policy; and (b) agree to
indemnify Rapty Health LLC and its affiliates, directors, officers, and employees, and hold
them harmless from any claims and expenses, including attorneys’ fees, arising from
your User Content or your failure to adhere to the terms of this Agreement.
8.2. Rapty Health LLC reserves the right to review all User Content before its submission
to the App and to remove any content for any reason at any time, without prior notice, at
our sole discretion.
9. Use the App Your Own Risk
9.1. Rapty Health LLC aims to facilitate access to health-related information and make it
more useful for you. Nonetheless, the Rapty App does not assure any health-related
improvements or outcomes. The information provided is intended to be a supplementary
resource and should not be solely relied upon for health decisions.
9.2. Your engagement with the Rapty App and any data, predictions, or recommendations
offered within it are entirely at your own risk. Rapty Health LLC does not provide any
guarantees or warranties regarding the accuracy or reliability of the data, information,
estimates, and predictions presented through the App. It's important to understand and
agree that the App is not a substitute for professional medical equipment, devices, or
healthcare provider advice. The App is designed to offer supportive information but should
not be used as a primary basis for medical or health-related decisions.
9.3 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. RAPTY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH
THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. RAPTY DOES NOT GUARANTEE
THAT THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM
VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES RAPTY GUARANTEE ANY CORRECTION OF THESE
ISSUES.
9.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICE OR RAPTY
ENTITIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. RAPTY IS NOT LIABLE
FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR YOUR INTERACTIONS WITH OTHER SERVICE
USERS. USE OF THE SERVICE IS AT YOUR OWN RISK, AND RAPTY IS NOT RESPONSIBLE FOR ANY DAMAGE
TO YOUR PROPERTY OR LOSS OF DATA.
9.5 RAPTY DOES NOT PROVIDE MEDICAL OR PROFESSIONAL NUTRITIONAL ADVICE. THE SERVICE IS FOR
GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. DO NOT
IGNORE PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF YOUR USE OF THE
SERVICE. RAPTY DOES NOT GUARANTEE THE ACCURACY OR USEFULNESS OF ANY INFORMATION ON THE
SERVICE, INCLUDING THIRD-PARTY DATA. RELIANCE ON ANY INFORMATION FROM THE SERVICE IS AT YOUR
OWN RISK.
9.6 THE DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. RAPTY
DOES NOT WAIVE ANY WARRANTY OR RIGHT THAT CANNOT BE WAIVED UNDER LAW.
10. Subscriptions and Billing
10.1. Subscriptions. Rapty Health LLC may offer subscriptions for access to specific
content, products, or services for a set duration. These subscriptions are ongoing and will
automatically renew, incurring regular fees until you cancel them. The fees, billing
frequency, and cancellation procedures will be clearly communicated before purchase.
10.2. Content Changes. The content, products, or services included in subscriptions may
vary over time as we add new features, evolve our offerings, and sometimes retire less
successful ones. The features and content in the Rapty App may differ based on country,
language, app store, app version, or device.
By using Rapty, you acknowledge that your purchases do not depend on any future app
functionality or features, or on any public statements made by Rapty Health LLC about future
functionality or features.
10.3. Third-Party Platforms. The Rapty App is available on platforms like Apple App Store
and Google Play Store. Your purchase may form a separate contract with the app store
provider, subject to their terms and conditions. You may need to address cancellation and
revocation rights with these third-party providers.
10.4. Billing. Subscriptions can be purchased on a recurring basis as disclosed prior to
purchase, either directly from Rapty or via a third party, by paying a subscription fee plus
applicable taxes in advance.
10.5. Trial Periods. Some subscriptions may include a trial period offering free or
discounted use of the app ("Trial"). Trials automatically convert to paid
subscriptions at their conclusion. To avoid charges, you must cancel before the trial ends.
Review all terms carefully before signing up for a Trial.
10.6. Price and Tax Changes. Rapty Health LLC may change subscription fees, notifying you
in advance. New prices take effect in the next billing cycle after notification. By
continuing to use the subscription, you accept the new price. If you disagree with a price
change, you can cancel the subscription before the new price is effective.
If a pricing error is discovered, we will contact you with the option to confirm or cancel
your order at the correct price. If we cannot reach you, your purchase will be canceled.
Tax rates and fees, subject to change, are based on current rates at the time of billing.
Changes in tax rates based on your location will be applied automatically.
10.7. Renewal. Your subscription payment will automatically renew at the end of each period
unless you cancel before the current period expires.
10.8. Cancellation. To avoid billing for the next period, cancel your subscription or Trial
before renewal. For subscriptions purchased through the Rapty website, cancel by emailing us
at [email protected] with your
account registration email. For third-party purchases, contact the provider for billing and
cancellation details.
To cancel, contact our support team at [email protected], submit a request, or follow the
provided instructions.
10.9. Promotional Offers. We occasionally offer promotional subscriptions to new or
selected users for a limited time. These offers may not be valid for all users. After the
promotional period, the subscription will continue at the regular price, unless canceled,
plus applicable taxes.
11. Passwords
11.1. You bear the full responsibility for safeguarding your Rapty App passwords and
account from unauthorized access. Your responsibilities include: (1) managing and keeping
your sign-in name, screen name, and passwords confidential; (2) overseeing and regulating
access and use of your App account and password; (3) immediately notifying Rapty Health LLC
if you suspect any compromise of your account or password or if you need to deactivate a
password. In such situations, contact us at [email protected].
11.2. By using the Rapty App, you authorize Rapty Health LLC and any other parties involved
in the operation of the App to transmit, monitor, store, and use your information for the
App's functionality. You acknowledge that the App and your account are intended for
individual use and should not be shared with others. Rapty Health LLC is not liable for any
information you submit, nor for your or others’ use or misuse of information
transmitted or received through the App. We cannot be held responsible for any losses
stemming from unauthorized use of your account or information, especially if such incidents
result from non-compliance with these guidelines.
12. Warranty Disclaimer
12.1. Rapty Health LLC operates the Rapty App from various locations and does not guarantee
that the App, or any of its features, is suitable or available for use everywhere.
Availability and functionality of the App or certain features may vary based on your
location and may not be accessible in all areas.
12.2. THE RAPTY APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE. ALL
SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. RAPTY
HEALTH LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES,
SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS DO NOT WARRANT AND EXPRESSLY DISCLAIM
THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (B) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL
MEET YOUR EXPECTATIONS; OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT, TEXT,
IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE
APP. YOUR USE OF THE APP IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW
DISCLAIMERS OF CERTAIN WARRANTIES, THUS THESE DISCLAIMERS MAY NOT FULLY APPLY TO YOU.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RAPTY HEALTH LLC, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES,
EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, OR DATA, ARISING FROM
CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE RELATED TO THE USE OR MISUSE OF
THE RAPTY APP. THE TOTAL LIABILITY OF RAPTY HEALTH LLC ARISING FROM THESE TERMS OR FROM THE
USE OR INABILITY TO USE THE APP SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO RAPTY HEALTH
LLC FOR THE APP, OR ONE HUNDRED DOLLARS ($100) IF NO PAYMENTS WERE MADE. THIS LIMITATION OF
LIABILITY MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS ON
LIABILITY. NONE OF THE PARTIES ASSOCIATED WITH RAPTY HEALTH LLC SHALL BE LIABLE FOR ANY
PERSONAL INJURY, INCLUDING DEATH, RESULTING FROM THE USE OR MISUSE OF THE APP. WHERE
APPLICABLE LAW IMPOSES RESTRICTIONS ON LIMITING LIABILITY, THIS AGREEMENT DOES NOT EXCLUDE
OR LIMIT LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. ANY PROVISIONS HEREIN THAT EXPRESSLY
EXCLUDE OR LIMIT LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW SHALL BE DEEMED TO
LIMIT LIABILITY TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
14. Use of Mobile Devices
When using the Rapty App on a mobile device, be aware that standard carrier rates and fees
apply. This includes charges for text messaging and data usage as per your mobile service
agreement or plan. It's important to consider these costs while accessing and using the
Rapty App on any mobile device.
15. Third-Party Services and Links
The Rapty App may provide access to links leading to third-party websites, applications, or
other products or services ("Third-Party Services"). Rapty Health LLC does not
exercise control over these Third-Party Services and, therefore, is not accountable for
their privacy practices. We do not assume liability associated with these Third-Party
Services. Your decision to link to or use any Third-Party Services beyond the Rapty App is
made at your own risk. Although the Rapty App may include links to Third-Party Services,
this does not imply an endorsement of any material on such services by Rapty Health LLC. We
disclaim responsibility for the products, services, or information offered on any
Third-Party Services. You are advised to evaluate the suitability of accessing a Third-Party
Service, including safeguarding your personal information and privacy and adhering to any
relevant agreements.
When linking to our websites, app, content, or services, ensure that it is not done in a
manner that is (i) illegal, (ii) implies any form of association, approval, or endorsement
by us where none exists, (iii) harmful to our reputation or exploitative of it, or (iv)
unfair or inappropriate. It is crucial to maintain the integrity and respect of Rapty Health
LLC's online presence and offerings.
16. Feedback
Rapty Health LLC values your feedback regarding the Rapty App. Unless explicitly stated
otherwise, any feedback, communications, or reviews you send to us or post in app stores are
considered non-confidential. By providing feedback, you acknowledge and agree that we may,
at our discretion, choose to publicly disclose or use your feedback. Furthermore, you grant
us the right to freely utilize your feedback, including the right to revise, modify, adapt,
contextualize, or make any other changes we see fit. This permission is granted without any
expectation of compensation or acknowledgment, and we may implement these changes as we deem
appropriate to enhance the App or for other purposes.
17. Enforcement Rights
17.1. While Rapty Health LLC is not obligated to constantly monitor the usage or access of
the Rapty App, we reserve the right to do so to manage and maintain the App effectively,
ensure your compliance with this Agreement, and adhere to applicable legal obligations.
Should we identify any unlawful conduct, we may report it to law enforcement authorities.
Furthermore, we may cooperate with law enforcement in prosecuting users who breach the law,
in accordance with valid legal processes.
17.2. Rapty Health LLC retains the right (though not the obligation) to remove or disable
access to any content posted on the App, or to the App itself, at any time and without prior
notice, solely at our discretion. This action may be taken if we determine, in our
judgement, that your content or use of the App is objectionable or breaches this Agreement.
We also reserve the right to refuse service, terminate accounts, and modify eligibility
requirements for the App at any time.
Rapty Health LLC is not liable or responsible to users of the App or any third parties for
the performance or non-performance of the aforementioned activities. This means that we are
not accountable for enforcing or failing to enforce these provisions, and users use the App
understanding this lack of liability on our part.
18. Maintenance
18.1. Periodically, it may be necessary for Rapty Health LLC to update, expand, or modify
the Rapty App to ensure its optimal functionality. Additionally, we reserve the right to
discontinue, either partially or entirely, the operation of the App or disable certain
features within the App at any time. As a user, your access to the App does not guarantee
its continuous provision or availability.
18.2. Any changes or removal of the Rapty App, or its specific features, will be at our
sole and absolute discretion. These decisions are made without any ongoing obligation or
liability to you as the user.
18.3. Rapty Health LLC may, at any time and without prior notice or liability, indefinitely
suspend or discontinue online access to content associated with the App. This may include
suspensions for service updates, maintenance, or upgrades, as well as the discontinuation of
certain content or features. For any content or features that rely on online servers, there
is no commitment on our part to maintain the availability of these servers indefinitely.
19. Indemnity
You agree to defend, indemnify, and hold harmless Rapty Health LLC, along with its
officers, directors, employees, agents, affiliates, representatives, licensors, suppliers,
partners, advertisers, and content providers, from and against any claims, actions, demands,
liabilities, and settlements. This indemnification includes, but is not limited to,
reasonable legal and accounting fees, arising out of, or alleged to arise out of, your
violation of this Agreement. By accepting this Agreement, you commit to taking
responsibility for any legal repercussions that may result from your breach of the terms
outlined in this Agreement, thereby protecting Rapty Health LLC and its associated parties
from any legal claims or demands.
20. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND
CLAIMS WITH RAPTY HEALTH LLC AND LIMITS HOW YOU CAN SEEK RELIEF FROM US.
a. Arbitration: To efficiently and cost-effectively resolve disputes between you and Rapty
Health LLC, any dispute, claim, or controversy related to this Agreement will be settled by
binding individual arbitration under the Consumer Arbitration Rules of the American
Arbitration Association (AAA Rules), except as modified by this Agreement. The AAA Rules and
filing forms are available at www.adr.org.
b. If you reside in a European Union country, the United Kingdom, Switzerland, Norway, or
Iceland, the laws and courts of your usual place of residence govern.
c. Small Claims Court: As an alternative, you and Rapty Health LLC retain the right to
bring any dispute in a small claims court with appropriate jurisdiction.
d. Arbitration Location and Hearing(s): If you're in the U.S., arbitration can occur
in your state. If outside the U.S., the arbitrator decides the location based on AAA Rules.
Any required hearings may be conducted by phone or video conference. The arbitration
location's procedural law and the AAA Rules apply.
e. Notice of Dispute: Before initiating arbitration, you and Rapty Health LLC agree to
notify each other in writing and attempt to negotiate an informal resolution. Send your
Notice of Dispute to Rapty Health LLC at [email protected]. Include your name, contact information,
a brief description of the dispute, and the relief sought. Arbitration may start after a
30-day negotiation period.
f. Arbitration Fees and Costs: Governed by the AAA Rules. Parties may request attorney fees
and costs for frivolous or bad-faith claims as per applicable law and the AAA Rules.
g. Arbitration Award: The arbitrator's judgment is final and enforceable, subject to
legal review for arbitration awards. The award can be enforced in any court with
jurisdiction.
i. Opt-Out of Arbitration: Decline arbitration by sending a written notice to Rapty Health
LLC within 30 days of accepting this Agreement.
j. Changes: Reject changes to this section by notifying Rapty Health LLC within 30 days of
the change. Rejecting a change doesn't affect prior agreements to arbitrate.
k. Court Proceedings: Either party may bring individual actions in small claims court, seek
injunctive or interim relief, support arbitration, or enforce/vacate arbitration awards. If
law prohibits arbitration, either party may start proceedings in a court with jurisdiction.
I. Jury Trial Waiver: Both parties waive rights to a jury trial to the fullest extent
permitted by law.
m. Additional Provisions Applicable to All Dispute Resolution:
The following provisions apply to the resolution of all disputes under this Agreement, to
the maximum extent permitted by applicable law, whether resolved through arbitration, court,
or any other formal dispute resolution process:
(i) Time Limitation: Any dispute must be formally initiated within one (1) year from when
the basis of the dispute became known or should have been known to the party asserting it.
This one-year period is suspended during any informal settlement discussions following the
receipt of a Notice of Dispute as outlined in Section 24(e).
(ii) No Class or Representative Actions: In accordance with applicable law, both you and
Rapty Health LLC agree that any disputes will be brought individually and not as a plaintiff
or class member in any purported class or representative proceeding.
(iii) No Consolidation: Both you and Rapty Health LLC agree, as far as allowed by law, to
waive any right to participate in consolidated proceedings. This means each dispute will be
addressed individually, without combining multiple cases or parties into a single
proceeding.
21. Notice and Takedown Procedures
21.1. If you believe materials on the Rapty App infringe your copyright, you may request
their removal by contacting Rapty Health LLC and providing the following:
1. Copyrighted work identification, including a description and, if possible,
a copy or location of an authorized version.
2. Infringing material identification, including a description and its
location, preferably with a URL or other information for locating the material.
3. Your name, address, telephone number, and email (if available).
4. A statement of good faith belief that the material's use is not
authorized by the copyright owner, its agent, or the law.
5. A statement that the provided information is accurate, under penalty of
perjury, and that you are the copyright owner or authorized to act on their behalf.
6. A signature (or electronic equivalent) from the copyright holder or
authorized representative.
Rapty Health LLC maintains a policy for terminating subscribers and account holders who are
repeat infringers, to protect copyright owners' rights.
22. Other
22.1. We may modify this Agreement for necessary reasons (e.g., legal reasons or App
changes). Material changes will be posted online with efforts to notify you (e.g., via email
notice).
22.2. Changes become binding 30 days after posting. During this period, you can contact us
at [email protected] with
questions. If you disagree with the changes, you must cease using the App and website.
22.3. Continued use of our services after changes indicates acceptance of the new terms.
22.4. Successors and Assigns: This agreement benefits both parties and successors. We can
assign our rights and obligations to affiliates or any Rapty entity.
22.5. Severability: If any provision is found unenforceable, it will be enforced to the
maximum extent permissible, keeping the Agreement's intent. The remaining provisions
remain in full force.
22.6. No waiver of terms by Rapty Health LLC is a further or continuing waiver. Failure to
assert a right under this Agreement is not a waiver.
22.7. Post-Termination: Provisions that naturally survive termination, including dispute
resolution and arbitration, ownership, warranty disclaimers, and liability limitations, will
continue.
23. Notice Regarding Apple
This Section applies specifically for users of our mobile application on an iOS device. You
acknowledge that these Terms are solely between you and Rapty, not with Apple Inc.
(“Apple”). Apple bears no responsibility for the Service or its content.
Apple is not obligated to provide any maintenance and support services for the Service. In
the event of any failure of the Service to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price for the mobile application. Apple has
no other warranty obligations with respect to the Service, to the extent permitted by law.
Apple is not responsible for addressing any claims by you or third parties concerning the
Service or your use of the Service, including but not limited to: (1) product liability
claims; (2) claims that the Service fails to meet legal or regulatory standards; and (3)
claims under consumer protection or similar legislation. Furthermore, Apple is not
responsible for the investigation, defense, settlement, or discharge of any claim that the
Service or your use of it infringes on third-party intellectual property rights.
You agree to adhere to any applicable third-party terms when using the Service. Apple and
its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of
these Terms, Apple will have the right (deemed accepted) to enforce these Terms against you
as a third-party beneficiary.
You represent and warrant that: (a) you are not located in a country subject to a U.S.
Government embargo, or designated by the U.S. Government as a “terrorist
supporting” country; and (b) you are not listed on any U.S. Government list of
prohibited or restricted parties.
24. Questions, Complaints, and Comments
24.1. Contact us with comments, questions, support needs, or claims at [email protected]. California
residents can also contact the Complaint Assistance Unit of the Division of Consumer
Services with complaints.
24.2. We expect mutual respect in communications. Rude or abusive behavior may lead to
restricted contact methods or refusal of further support. Threatening behavior may lead to
account suspension and law enforcement involvement.
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