Terms of Use

Welcome to Xema. These Terms of Use (the "Terms") constitute a legally binding agreement between you and Xema ("we," "us," or "our") governing your access to and use of the Xema mobile application (the "App"), including any content, functionality, and services offered on or through the App.

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the App.

These Terms are effective as of January 31, 2026.

Age Requirement: You must be at least 13 years of age to use the App. If you are between the ages of 13 and 18, or the age of majority in your jurisdiction, you represent that you have reviewed these Terms with your parent or legal guardian and that they have agreed to these Terms on your behalf. If you are under 13 years of age, you may not use the App under any circumstances. If you are located in the European Economic Area (EEA), you must be at least 16 years of age to use the App.

Xema is an eczema management application designed to help users track and manage their eczema condition. The App is available on both iOS (Apple App Store) and Android (Google Play Store) platforms.

Key Features:

• Symptom Tracking: Record and monitor daily eczema symptoms, severity, and affected body areas
• Flare-Up Prediction: Algorithmic analysis to estimate the likelihood of future eczema flare-ups based on your tracked data and environmental factors
• Product Scanning: Scan product barcodes to analyze ingredients and identify potential eczema triggers or irritants
• Food Analysis: Analyze food items to identify potential dietary triggers
• Skin Photo Tracking: Upload and store photos of your skin with AI-powered analysis to track changes over time
• Educational Content: Access articles, resources, and information about eczema management

Service Tiers:

The App operates on a freemium model with two service tiers:

• Free Tier: Basic symptom tracking and limited access to certain features
• Xema Plus (Premium Subscription): Full access to all features including unlimited photo storage, advanced flare predictions, detailed product scanning, AI-powered skin analysis, and comprehensive food analysis

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE NATURE OF THE APP AND ITS LIMITATIONS.

XEMA IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The App is designed as an informational and self-management tool only. It is NOT intended to be used for medical diagnosis, treatment, or professional medical advice. The App has NOT been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory health authority as a medical device. The App is NOT covered under the Health Insurance Portability and Accountability Act (HIPAA) and should not be relied upon as a HIPAA-compliant service.

No Clinical Validation: The flare-up predictions, risk assessments, and probability estimates provided by the App are algorithmic calculations based on patterns in your self-reported data and are NOT clinically validated or guaranteed to be accurate. These predictions are estimates only and should not be used as the sole basis for medical decisions.

Product and Food Scanning Limitations: The product scanning and food analysis features provide informational content only about ingredients and potential triggers. This information is not comprehensive, may not be current, and should not replace consultation with a healthcare provider, allergist, or dermatologist. Not all ingredients or allergens may be detected or flagged by the App.

AI Analysis Limitations: The AI-powered skin photo analysis is a computational tool that provides automated observations and is NOT a substitute for professional dermatological examination. AI analysis may produce inaccurate, incomplete, or misleading results. Only a qualified healthcare provider can provide a proper medical evaluation of your skin condition.

Educational Content: All articles, tips, recommendations, and educational content within the App are for general informational purposes only and are not tailored to your specific medical circumstances. This content should not be interpreted as medical advice or recommendations.

Always Consult Your Healthcare Provider: You should ALWAYS consult with a qualified healthcare provider, dermatologist, or allergist before:

• Making any medical decisions
• Starting, stopping, or changing any treatment plan
• Changing your diet or lifestyle based on App suggestions
• Using any products identified through the product scanning feature
• Interpreting any predictions, analysis, or recommendations from the App

Do Not Delay Medical Care: Do not disregard, avoid, or delay seeking professional medical advice, examination, diagnosis, or treatment because of any information you have read, seen, or obtained through the App. If you have or suspect you have a medical problem or condition, contact a qualified healthcare provider immediately.

Emergency Situations: THE APP MUST NOT BE USED FOR EMERGENCY MEDICAL SITUATIONS. If you are experiencing a medical emergency, including but not limited to severe allergic reactions, difficulty breathing, severe skin infections, or other urgent medical conditions, call emergency services (911 in the United States) or go to the nearest emergency room immediately. DO NOT rely on the App for emergency medical guidance.

Individual Results May Vary: Every individual is different. What works for one person may not work for another. The App cannot account for all individual medical circumstances, conditions, allergies, sensitivities, or other health factors that may affect your eczema or overall health.

Accuracy Not Guaranteed: While we strive to provide accurate information, we make no warranties or guarantees regarding the accuracy, completeness, timeliness, or reliability of any content, predictions, analysis, or recommendations provided through the App.

Your Responsibility: You are solely responsible for your health and medical decisions. Your use of the App and reliance on any information provided by it is at your own risk.

To access certain features of the App, you may be required to create an account. The App supports multiple account creation methods:

• Apple Sign In: Authentication through your Apple ID (iOS devices)
• Google Sign In: Authentication through your Google account (Android devices)
• Guest/Anonymous Accounts: Limited functionality without full registration

Account Requirements:

• You must provide accurate, current, and complete information during the registration process
• You must maintain and promptly update your account information to keep it accurate, current, and complete
• You may only create and maintain one account per person
• You may not create an account using false or misleading information or on behalf of someone other than yourself without permission

Account Security:

You are responsible for maintaining the confidentiality and security of your account credentials, including your password or authentication tokens. You are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to:

• Immediately notify us of any unauthorized use of your account or any other breach of security
• Ensure that you log out from your account at the end of each session when using shared or public devices
• Not share your account credentials with any third party
• Not allow any third party to access your account or use your credentials

We cannot and will not be liable for any loss or damage arising from your failure to maintain account security. You may be held liable for losses incurred by us or any other user of the App due to unauthorized use of your account.

Guest Accounts: If you choose to use the App as a guest without creating a full account, you may have limited access to certain features, and your data may not be backed up or recoverable if you delete the App or switch devices.

Xema Plus is a premium subscription service that provides access to additional features beyond the free tier. All subscriptions are processed through the Apple App Store (for iOS) or Google Play Store (for Android), and are subject to the terms and policies of these platforms in addition to these Terms.

Subscription Plans:

Xema Plus is available in the following subscription durations:

• Monthly subscription (auto-renewable)
• Yearly subscription (auto-renewable)

Current pricing is displayed in the App and in the respective app store. Prices may vary by region and are subject to applicable taxes.

Free Trial:

New subscribers to Xema Plus are eligible for a 3-day free trial. During the trial period, you will have full access to all Xema Plus features at no charge. Important trial terms:

• The free trial is available to new subscribers only (users who have not previously subscribed to Xema Plus)
• You must provide valid payment information to start the free trial
• At the end of the 3-day trial period, your subscription will AUTOMATICALLY convert to a paid subscription and you will be charged the then-current subscription price unless you cancel before the trial ends
• To avoid being charged, you must cancel your subscription at least 24 hours before the end of the trial period through your app store account settings

Auto-Renewal:

All subscriptions are AUTO-RENEWABLE. This means your subscription will automatically renew at the end of each billing period (monthly or yearly) unless you cancel it before the renewal date. You will be charged the then-current subscription price for each renewal period.

Your subscription will automatically renew 24 hours before the end of the current period, and your app store account will be charged at that time.

Payment:

• All payments are processed through your Apple App Store account (iOS) or Google Play Store account (Android)
• You will be charged through the payment method associated with your app store account
• Payment will be charged to your app store account at confirmation of purchase (or at the end of any free trial period)
• We do not have access to your payment information; all billing is managed by Apple or Google

Price Changes:

We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next subscription period following notice of the price change. We will provide reasonable advance notice of any price increases. Your continued use of Xema Plus after a price change constitutes your agreement to pay the modified price.

Managing and Canceling Your Subscription:

You may cancel your subscription at any time. However, cancellation must be done through your app store account settings, NOT through the Xema App itself.

For iOS (Apple App Store):

• Open the Settings app on your device
• Tap your name at the top
• Tap Subscriptions
• Tap the Xema Plus subscription
• Tap Cancel Subscription

For Android (Google Play Store):

• Open the Google Play Store app
• Tap your profile icon
• Tap Payments & subscriptions > Subscriptions
• Select the Xema Plus subscription
• Tap Cancel subscription

Cancellation Timing: To avoid being charged for the next billing period, you must cancel your subscription at least 24 hours before the renewal date.

Effect of Cancellation: If you cancel your subscription, you will retain access to Xema Plus features until the end of your current billing period. After that, your account will revert to the free tier and you will lose access to premium features. No partial refunds will be provided for the unused portion of a billing period.

Refunds:

All subscription charges are FINAL and NON-REFUNDABLE except as required by law or as determined by Apple or Google in their sole discretion. We do not provide refunds or credits for:

• Partial subscription periods
• Unused subscription time when you cancel
• Subscriptions that auto-renewed when you forgot to cancel
• Dissatisfaction with the service

If you believe you were charged in error, please contact Apple Support or Google Play Support, as all billing is managed by these platforms. Refund policies are governed by the Apple App Store Terms of Service or Google Play Terms of Service, as applicable.

App Store Terms:

Your subscription is subject to the app store's terms and conditions:

• iOS: Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/)
• Android: Google Play Terms of Service (https://play.google.com/about/play-terms/)

The App allows you to create, upload, store, and share various types of content, including but not limited to:

• Symptom logs and health data entries
• Photographs of your skin
• Product scan history
• Food logs and dietary information
• Notes and journal entries
• Any other information or content you provide (collectively, "User Content")

Ownership:

You retain all ownership rights to your User Content. We do not claim any ownership rights to your personal health data, photos, logs, or other content you submit to the App.

License Grant:

By submitting User Content to the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, store, process, and display your User Content solely for the purposes of:

• Providing the App's services to you
• Processing your data through our systems and third-party services (such as AI analysis providers)
• Improving and developing the App's features
• Backing up and securing your data to prevent loss
• Complying with legal obligations

This license terminates when you delete your User Content or close your account, except for content that has been shared with others or that we are required to retain for legal or operational purposes.

No Use for Advertising:

We will NOT use your personal health data, symptom logs, or skin photos for advertising or marketing purposes. We will not sell your personal health information to third parties.

Accuracy and Responsibility:

You are solely responsible for the accuracy, completeness, and quality of your User Content. The App's predictions, analysis, and recommendations are only as accurate as the data you provide. Inaccurate or incomplete data may result in inaccurate analysis and predictions.

Prohibited Content:

You agree not to submit User Content that:

• Belongs to another person or violates another person's rights
• Contains personally identifiable information of others
• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains viruses, malware, or other harmful code

Data Deletion:

You may delete your User Content at any time through the App's settings. When you delete content, we will remove it from active systems, but copies may persist in backups for a limited period. Please see our Privacy Policy for more details on data retention and deletion.

The App utilizes artificial intelligence (AI) and machine learning technologies to provide certain features, including but not limited to skin photo analysis, flare-up predictions, and personalized insights. These AI features are powered by third-party AI service providers, including OpenAI.

Third-Party AI Processing:

When you use AI-powered features, your data (including photos, symptom descriptions, and other information) may be transmitted to and processed by third-party AI service providers. We use industry-standard security measures to protect your data during transmission and processing, but we cannot guarantee the security practices of third-party providers.

Probabilistic Nature of AI:

AI analysis is inherently probabilistic and predictive, not definitive or diagnostic. AI-generated results, including:

• Skin condition observations and descriptions
• Flare-up risk assessments and predictions
• Trigger identification and recommendations
• Severity assessments
• Pattern recognition and insights

are computational estimations based on algorithms and training data, and they:

• May contain errors, inaccuracies, or biases
• May not account for all relevant factors in your individual situation
• Are NOT equivalent to professional medical evaluation or diagnosis
• Should not be used as the sole basis for medical decisions
• May produce different results for the same input at different times

Not a Substitute for Professional Advice:

AI-powered features are tools to help you track and understand patterns in your condition, but they are NOT a substitute for professional medical advice, examination, diagnosis, or treatment. Only a qualified healthcare provider can provide proper medical evaluation and guidance.

Photo Analysis Limitations:

AI analysis of skin photos has significant limitations. Photo quality, lighting, camera angle, and other factors can affect the accuracy of AI analysis. The AI cannot:

• Diagnose medical conditions or differentiate between eczema and other skin conditions
• Detect all skin abnormalities or identify serious conditions that require immediate medical attention
• Replace physical examination by a dermatologist
• Account for factors not visible in photos (such as itch level, pain, or underlying health conditions)

Prediction Limitations:

Flare-up predictions are statistical estimates based on historical patterns in your data and are not guaranteed to be accurate. Many factors that influence eczema flare-ups may not be tracked or accounted for by the App. A low predicted risk does not mean a flare-up will not occur, and a high predicted risk does not guarantee a flare-up will occur.

No Guarantee of Accuracy:

We make no warranties or representations regarding the accuracy, reliability, completeness, or timeliness of any AI-generated content, analysis, predictions, or recommendations. Use of AI features is at your own risk.

Changes to AI Features:

We may update, modify, or discontinue AI features at any time without notice. AI models may be retrained or updated, which could result in different analysis or predictions compared to previous versions.

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate Laws: Use the App in any way that violates any applicable federal, state, local, or international law or regulation
• Infringe Rights: Use the App in any manner that infringes upon the intellectual property rights, privacy rights, or other rights of Xema or any third party
• Harm or Exploit Minors: Use the App to harm, exploit, or attempt to exploit minors in any way
• Transmit Harmful Code: Upload, transmit, or introduce any viruses, malware, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the App, other user accounts, or any systems or networks connected to the App
• Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the App
• Circumvent Security: Bypass, circumvent, or attempt to bypass or circumvent any security measures, authentication measures, or access controls of the App
• Interfere with Operation: Interfere with, disrupt, or create an undue burden on the App, servers, or networks connected to the App
• Scraping or Automation: Use any robot, spider, scraper, or other automated means to access the App for any purpose without our express written permission
• Multiple Accounts: Create or use multiple accounts to circumvent limitations or restrictions on the App
• Share Credentials: Share your account credentials, allow another person to use your account, or provide access to the App to any third party
• Commercial Use: Use the App for any commercial purpose not expressly approved by us in writing
• Data Mining: Use the App to collect information about other users without their express consent
• Impersonation: Impersonate or misrepresent your affiliation with any person or entity
• False Information: Provide false, inaccurate, or misleading information when creating your account or using the App
• Spam or Abuse: Use the App to send spam, unsolicited communications, or engage in any form of harassment or abuse
• Remove Notices: Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices from the App
• Derivative Works: Create derivative works based on the App or its content without our prior written consent

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the App, and we may report violations to appropriate law enforcement authorities.

Ownership:

The App and its entire contents, features, functionality, and design (including but not limited to all information, software, code, text, displays, graphics, photographs, images, video, audio, algorithms, user interface, visual interface, interactive features, and the design, selection, and arrangement thereof) are owned by Xema, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks:

The Xema name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Xema or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans mentioned in the App are the trademarks of their respective owners.

Limited License:

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial use only. This license does not include any right to:

• Modify, copy, or create derivative works of the App
• Distribute, sell, lease, rent, lend, or sublicense the App
• Reverse engineer, decompile, or disassemble the App
• Extract or attempt to extract the source code of the App
• Use the App for any commercial purpose or for the benefit of any third party

Restrictions:

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the App, use of the App, or access to the App without our express written permission.

Feedback:

If you provide us with any feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to compensate you or provide attribution.

Copyright Infringement:

If you believe that any content in the App infringes your copyright, please contact us at foresightsystems00@gmail.com with details of the alleged infringement.

Your privacy is important to us. Our collection, use, and disclosure of your personal information, including health data, is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the App, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy. We encourage you to read our Privacy Policy carefully to understand how we handle your data.

Key points regarding your data:

• We collect health information, symptom data, photos, and usage information
• Your data may be processed by third-party service providers, including AI providers and cloud hosting services
• We do not sell your personal health information to third parties
• We do not use your health data for advertising purposes
• You have rights to access, correct, and delete your data as described in the Privacy Policy

Not HIPAA Covered: As stated in the Medical Disclaimer, the App is NOT a HIPAA-covered service. We are not a healthcare provider, health plan, or healthcare clearinghouse, and your use of the App does not create a doctor-patient relationship or trigger HIPAA protections.

For complete details about our privacy practices, please review our Privacy Policy at [link to privacy policy].

Third-Party Links:

The App may contain links to third-party websites, services, applications, or resources ("Third-Party Services") that are not owned or controlled by Xema. These links are provided for your convenience only.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. We do not endorse or make any representations about Third-Party Services.

When you access Third-Party Services, you do so at your own risk. You should review the terms and privacy policies of any Third-Party Services that you visit.

Third-Party Service Providers:

The App integrates with and relies on various third-party service providers to deliver certain features, including:

• AI and machine learning services (including OpenAI) for photo analysis and predictions
• Cloud hosting and data storage services
• Product database services for barcode scanning functionality
• Weather and environmental data providers
• Payment processing through Apple App Store and Google Play Store
• Analytics and performance monitoring services

Your data may be transmitted to and processed by these third-party providers in accordance with our Privacy Policy and their respective privacy policies. We are not responsible for the practices of these third parties.

Educational Content:

The App may provide educational articles, tips, and resources about eczema and skin health. This content is for general informational purposes only and is not medical advice. The content:

• May be provided by third-party content providers or authors
• May not be reviewed or endorsed by medical professionals
• May not reflect the most current research or medical guidance
• Should not be used as a substitute for professional medical advice

We make no warranties regarding the accuracy or completeness of any educational content in the App.

Product Information:

Product information obtained through the barcode scanning feature is sourced from third-party databases and may be incomplete, outdated, or inaccurate. We do not verify the accuracy of product ingredient lists or formulations. Always check product labels directly and consult with your healthcare provider before using new products.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

XEMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, PREDICTIONS, ANALYSIS, OR RECOMMENDATIONS PROVIDED BY THE APP
• WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED
• WARRANTIES THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

No Warranty of Accuracy:

We make no warranty that:

• Flare-up predictions, risk assessments, or probability estimates will be accurate or reliable
• AI analysis of photos will correctly identify skin conditions, severity, or changes
• Product scanning will identify all potential triggers or allergens
• Educational content is current, complete, or applicable to your specific situation
• The App will help you manage your eczema or improve your condition

No Guarantee of Availability:

We do not guarantee that the App will be available at all times or that it will be free from interruptions, delays, or errors. We may suspend, withdraw, or restrict the availability of all or any part of the App for business, operational, or regulatory reasons at any time without notice.

Use at Your Own Risk:

Your use of the App, its content, and any services obtained through the App is at your own risk. You are solely responsible for any damage to your device, loss of data, or any other loss that results from your use of the App.

Jurisdictional Variations:

Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of consumers. In such cases, the exclusions and limitations in this section apply only to the extent permitted by the laws of such jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XEMA, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• DAMAGES RESULTING FROM ANY MEDICAL DECISIONS MADE BASED ON INFORMATION, PREDICTIONS, ANALYSIS, OR RECOMMENDATIONS FROM THE APP
• DAMAGES RESULTING FROM YOUR RELIANCE ON ANY CONTENT, PREDICTIONS, OR ANALYSIS PROVIDED BY THE APP
• DAMAGES RESULTING FROM ERRORS, INACCURACIES, OR OMISSIONS IN THE APP'S CONTENT OR FUNCTIONALITY
• DAMAGES RESULTING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF THE APP
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE APP
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XEMA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Cap on Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF XEMA AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:

• THE TOTAL AMOUNT YOU PAID TO XEMA (VIA THE APP STORES) FOR XEMA PLUS SUBSCRIPTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100.00 USD)

Health-Related Limitations:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT XEMA SHALL HAVE NO LIABILITY WHATSOEVER FOR:

• Any health outcomes, medical conditions, complications, or adverse events that may arise from your use of or reliance on the App
• Any decisions you make regarding your health, medical treatment, product use, or lifestyle based on information from the App
• Any failures or inaccuracies in flare-up predictions, risk assessments, or AI analysis
• Any allergic reactions, skin irritation, or other adverse effects from products identified through the product scanning feature

Jurisdictional Variations:

Some jurisdictions do not allow the exclusion or limitation of certain damages or liability. In such jurisdictions, the limitations and exclusions in this section shall apply only to the maximum extent permitted by applicable law. If you are a consumer in the European Economic Area, the limitations in this section do not apply to liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Basis of the Bargain:

You acknowledge that the limitations of liability set forth in this section are fundamental elements of the agreement between you and Xema, and that the App would not be provided to you without these limitations.

You agree to defend, indemnify, and hold harmless Xema, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of any third party, including intellectual property rights or privacy rights
• Your use or misuse of the App, including any reliance on content, predictions, analysis, or recommendations provided by the App
• Any medical decisions you make based on information obtained through the App
• Any User Content you submit, post, or transmit through the App
• Your breach of any representation or warranty contained in these Terms
• Any dispute you have with another user of the App
• Your negligence or willful misconduct in connection with the App

This indemnification obligation will survive the termination of your account and your use of the App.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination by You:

You may stop using the App and delete your account at any time. To delete your account, you can use the account deletion feature in the App settings. Upon account deletion:

• Your access to the App and Xema Plus features will immediately cease
• Your User Content will be deleted from active systems (subject to backup retention periods)
• If you have an active Xema Plus subscription, you must separately cancel it through your app store account to avoid future charges
• Account deletion does not automatically cancel your subscription or entitle you to a refund

Termination by Us:

We may suspend, restrict, or terminate your access to the App at any time, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Engaging in fraudulent, abusive, or illegal activities
• Creating multiple accounts or sharing account credentials
• Attempting to circumvent security measures or access restrictions
• Failure to pay subscription fees (if applicable through app store)
• At our discretion, for business, operational, or regulatory reasons

If we terminate your account for violation of these Terms, you may not be eligible to create a new account.

Effect of Termination:

Upon termination of your account or access to the App for any reason:

• All licenses and rights granted to you in these Terms will immediately cease
• You must immediately cease all use of the App
• We may delete your account data and User Content in accordance with our data retention policies
• We are not required to provide you with a copy of your User Content upon termination
• You will not be entitled to any refund of subscription fees unless required by law

Survival:

The following sections of these Terms will survive any termination or expiration: Medical Disclaimer (Section 3), User Content and Data (Section 6) (to the extent necessary for us to process deletion), Intellectual Property Rights (Section 9), Disclaimer of Warranties (Section 12), Limitation of Liability (Section 13), Indemnification (Section 14), Dispute Resolution (Section 16), and Governing Law (Section 20).

No Liability:

We shall not be liable to you or any third party for any termination or suspension of your access to the App.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

Informal Resolution First:

Before filing a claim against Xema, you agree to try to resolve the dispute informally by contacting us at foresightsystems00@gmail.com. We will try to resolve the dispute informally by contacting you. If a dispute is not resolved within sixty (60) days after submission, you or Xema may bring a formal proceeding.

Binding Arbitration:

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the App (a "Dispute") will be resolved by binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if your claims qualify and remain in small claims court
• You or Xema may seek equitable relief in court for infringement or misuse of intellectual property rights

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (AAA) Consumer Arbitration Rules then in effect, except as modified by this section.

No Class Actions:

YOU AND XEMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Unless both you and Xema agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.

Arbitration Procedures:

• The arbitration will be conducted by telephone, online, or based solely on written submissions, as you choose
• The arbitrator may award any relief that a court could award, including attorneys' fees when authorized by law
• The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction
• The arbitration proceeding and its result will be kept confidential

Costs of Arbitration:

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules.

Opt-Out of Arbitration:

You have the right to opt out of binding arbitration within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out to foresightsystems00@gmail.com with the subject line "ARBITRATION OPT-OUT." Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply. Opting out has no effect on any previous, other, or future arbitration agreements you may have with us.

Exceptions to Arbitration:

Either you or Xema may assert claims, if they qualify, in small claims court in the county where you reside or in the county where Xema's principal place of business is located. Additionally, either party may seek equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Severability of Arbitration Provision:

If any part of this arbitration provision is found to be invalid or unenforceable, then the entirety of this arbitration provision shall be null and void, and the Dispute will be resolved in court subject to the venue and choice of law provisions below. However, the waiver of class actions and representative proceedings is essential, and if that waiver is found to be unenforceable, then the entirety of this arbitration provision will be deemed void.

We reserve the right to modify, update, or change these Terms at any time at our sole discretion. When we make changes, we will:

• Update the "Last updated" date at the top of these Terms
• Post the updated Terms in the App and on our website
• Provide notice of material changes through the App, via email, or through other reasonable means

Material Changes:

For material changes to these Terms (such as significant changes to the scope of services, pricing structure, liability provisions, or dispute resolution mechanisms), we will provide at least thirty (30) days' advance notice before the changes take effect, unless:

• We are required to make changes sooner to comply with legal or regulatory requirements
• The changes are necessary to address security or operational issues
• The changes are beneficial to you and do not materially reduce your rights

Acceptance of Changes:

Your continued use of the App after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App and may delete your account.

No Retroactive Application:

Changes to these Terms will not apply retroactively and will only take effect on a going-forward basis, except to the extent required by law.

Version History:

We may maintain an archive of prior versions of these Terms. You may request a copy of previous versions by contacting us at foresightsystems00@gmail.com.

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from these Terms.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

However, if the severance of a particular provision would materially alter the fundamental nature of the agreement between you and Xema, these Terms may be terminated in their entirety.

These Terms, together with our Privacy Policy and any other legal notices or additional terms published by us in the App, constitute the entire agreement between you and Xema regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

No agency, partnership, joint venture, employment, or franchisee relationship is created between you and Xema as a result of these Terms or your use of the App.

You may not assign or transfer these Terms or your rights and obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to do so will be void. We may assign these Terms at any time without notice or consent.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms (such as if you opt out of arbitration or for matters not subject to arbitration), you and Xema agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for the purpose of litigating all such disputes.

International Users:

The App is controlled and operated from the United States. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. By using the App, you consent to the transfer of your information to the United States, which may have different data protection laws than your country of residence.

European Economic Area Users:

If you are a consumer located in the European Economic Area, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer under mandatory local laws.

If you have any questions, concerns, or complaints about these Terms of Use, the App, or our practices, please contact us at:

Email: foresightsystems00@gmail.com

We will make reasonable efforts to respond to your inquiry within a reasonable timeframe.

For privacy-related inquiries, please refer to the contact information in our Privacy Policy.

For subscription billing inquiries, please contact Apple Support or Google Play Support, as all billing is managed through the respective app stores.