Invoy’s device has not been reviewed by the U.S. Food and Drug Administration (FDA). This is because Invoy’s device fits within FDA’s definition of a wellness product.

Visit the website for FDA’s guidance for wellness devices.

According to the FDA, a general wellness product is one that:

, has (1) an intended use that relates to maintaining or encouraging a general state of health or a healthy activity, or (2) an intended use that relates the role of healthy lifestyle with helping to reduce the risk or impact of certain chronic diseases or conditions and where it is well understood and accepted that healthy lifestyle choices may play an important role in health outcomes for the disease or condition.

The products in the second category meet the regulatory definition of a medical device, but FDA chooses not to regulate them because they are low risk products whose operating principles are well accepted.

Invoy Provides Wellness (not Medical) Advice



Invoy provides you with a team of analysts who are trained to connect the dots between your data and actions. The analyst team gets trained on how to interpret breath acetone levels and on a wide range of different diet programs. We are really good at motivating people to stick with a nutrition program and to help reach their weight management goals.

Our analyst team is not qualified to provide medical advice. This means that if you have a medical concern, it is important to talk with your physician before joining. It is also a great idea to talk with your physician during your journey.

If you have specific preferences, e.g., that you want to be on Diet A or Diet B, or you cannot eat Food A or Food B, we can absolutely work with you to account for your preferences.

Invoy for Wellness

Keep the pods sealed in its foil packaging until right before your daily breath test.

Do not use pods past the expiration date. We recommend using a fresh, new pod every morning to ensure you get the best insights from your breath test.

Single-Use Only. Discard the pod after each breath test. Do not keep used pods.

The pods contain chemicals that should not be ingested or touched. The pods also contain small parts that can pose a choking hazard. Keep out of reach of children and pets.

The daily wellness pods are primarily comprised of silica gel, methanol, and glycerol. For more information, please see the safety data sheets.

Download Invoy’s Safety Data Sheet on Pod Chemistry (Acetone Beads).

Download Invoy’s Safety Data Sheet on Pod Chemistry (Developer Solution).

Invoy Storage Tips

This Privacy Notice describes how Invoy, LLC, and its subsidiaries and affiliates (collectively “Invoy,” “we,” “us”) collects, processes, uses, discloses, and secures information through its mobile application (the “Mobile App”), its web services including any web portals (“Portal”), its websites including 

, (the “Website”) (collectively the “Web Services”). The Web Services are provided in conjunction with the use of the Breath Analysis System, comprised of the Base Unit and Disposables (the “Breath Analysis System”). The term “System” refers to any one of or a combination of the Web Services and/or the Breath Analysis System. The System is only distributed to adult members of Invoy, LLC. Use of the System and collection of data from such use is limited to adults who are over 18 years of age. If You are under 18, please do not use the Breath System or our Web Services and do not provide our Web Services with any personal information.

If You do not want us to use Your information or Your data as stated in this Privacy Policy, please do not use the System.

For convenience, the words “User,” “You” and “Your” as used in this Privacy Policy refer to all users of the System, including, without limitation, anyone that accesses or visits the Website (including those that view only publicly-available content), and individuals who have signed up to use our Web Services.

There are many different ways You can use the Web Services and System: to obtain Your Acetone Score, to obtain Your trended Acetone Score, to journal daily progress metrics, to obtain your InBody Analysis, and to email Your results. In order to deliver the System to You, we require You to consent to the collection and processing of Your personal information when You initially begin using the System. Your information is stored in three locations: Your mobile device, Invoy’s secure, encrypted cloud server, resident server or web server. As You use the System, we want You to be clear about how we are using information and the ways in which You can protect Your privacy.

What information we collect and why we collect it.

The choices we offer regarding our use of the information.

The measures we take to protect the security of the information.

Your privacy matters to Invoy, so whether You are new to Invoy or a long-time user, You can get to know our practices below, and contact us at 

We may collect some non-identifiable information from You. This includes information that tracks the device You use to access our Web Services (such as the type of device, the time and date of Your access, Your browser type, IP address, and other information related to how Your device interacts with our Web Services).

You can review educational material and information about Invoy without providing us with any identifying information. However, to access certain features of our Web Services (such as to obtain Your Acetone Score, to obtain Your trended Acetone Score, to journal daily progress metrics, to obtain your InBody results, and to email Your results, or other uses of our Web Services), You will be required to provide us with certain information about Yourself which may include Your first and last name, email address, user name and password, shipping address, telephone number, zip code, credit card information, health insurance information, sex/gender, age, food plans and dietary preferences, eating habits, weight, blood pressure, heart rate, other health data (such as body fat percentage), and other basic demographic and personal information about You. You, or a professional who is assisting you, may also provide us with health information related to You. If you agree, we may also collect data from specific health mobile applications that you are using and that collect your health data. When You are using the Web Services, we will also collect breath analytic data including the breath measurement itself. If we are assisting You by responding to a specific question, You will also need to provide us with other information (for example a description of why You are contacting us, the best time and method to reach You). If You send us comments or communicate with us via a chat function in our Web Services, You will also provide us with other information in doing so. If you enable location services on your mobile device, we will collect the geolocation of your device.

We may also, from time to time, request additional types of personal information. For example, we might ask You about Your experience on our Web Services. It’s up to You whether You provide this information. We do not sell or lease Your personal information with other parties. We may share Your personal information as necessary to provide You with services and resources, as we describe below. In addition, if our Web Services are provided to You through an arrangement we have with Your group health plan, employer, healthcare provider, or insurance company, we may provide Your personal information to that entity. In that instance, Your group health plan, employer, healthcare provider, or insurance company will have other policies related to the way they use and disclose Your personal information. Please review that organization’s privacy policies to understand those practices.

We may also collect Your information if You sign up for newsletters or for customized information that we may deliver via email or Mobile App alerts and notifications.

Cookies are small pieces of instruction stored on Your hard drive or device. They may enhance Your experience as You navigate our Web Services. A “session cookie” disappears after You close Your web browser, or may expire after a fixed period of time. A “persistent cookie” remains after You close Your web browser and may be accessed every time You use our Web Services. We may use both session and persistent cookies.

We may use Local Storage Objects (“LSOs”) such as HTML5 to store content information and preferences. Various browsers may offer their own management tools for removing HTML5 LSOs. We may not recognize or respond to “do not track” technologies employed by Your browser.

We may also occasionally use “web beacons” (also known as “clear gifs,” “web bugs,” “1-pixel gifs,” etc.) that allow us to collect non-identifiable information about You. Web beacons are tiny images, placed on a web page or e-mail that can tell us if You have visited a particular area of our Website.

There may be other tracking technologies now and later devised and used by us in connection with our Web Services. Further, third parties may use tracking technologies with our Web Services. We do not control those tracking technologies, and we are not responsible for them. However, You consent to potentially encountering third party tracking technologies in connection with Your use of our Web Services and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties. In such cases, You must check the third party websites to confirm how Your information is collected and used.

Our System also uses Amplitude, and Firebase, to help us collect, process and analyze data. We may use other third-party tracking technologies as needed for us to monitor or improve our Web Services.

When You provide our Web Services with information, we typically use it to customize Your experience and to provide You access to our Web Services and to provide our Web Services to You. We use Your information to help us improve the design and performance of our Web Services and to develop a better understanding of fat metabolism.

We may use the information You provide to send You notices that contain information about events, content, materials and services that may be of interest to You. When we do this, we do not disclose Your information to third-party organizations, except as described in this Privacy Policy. If you agree, we may send you notifications via our Mobile App. Unless You consent, we will not use the information provided by You in a way that is incompatible with the purposes for which it was originally collected or subsequently authorized by You.

We may disclose Your information if we need to so a third-party vendor can help us provide our services (for example if we use a vendor to help us manage our Web Services). We may also use other vendors. We may also disclose Your information if, among other things, we are required to do so by law or if acting with a good faith belief that such disclosure is reasonably necessary to: (1) comply with legal process, including, but not limited to lawful subpoenas; (2) enforce the Terms of Service of our Web Services; (3) respond to legal claims; (4) respond to Your requests for customer services or transaction completion; or (5) protect the rights, property, or personal safety of our Web Services, its users, or the public.

Our security measures are designed to protect Your information from loss, unauthorized access, disclosure, alteration, or destruction. Our Web Services have commercially standard physical, electronic, and managerial procedures, such as Secure Sockets Layer (SSL) software, which encrypts information You provide to us through our Web Services. This protects Your information and helps prevent unauthorized access. Although we take these measures to protect against unauthorized disclosure of Your information, we cannot guarantee You that Your Information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Subject to any applicable health, business, legal, or regulatory requirements, we retain Personal Information only to provide the Web Services and to fulfill the intended purposes under the Terms and Conditions and Privacy Policy. Thereafter, we securely destroy Personal Information when it is no longer required to fulfill the Web Services, our commitments to you, or to enforce our rights or meet our legal obligations.

Opting Out of Communications from our Web Services

By providing Your email address and telephone number to us, You automatically grant permission to our Web Services to send communications to You, unless You opt out at that time. You may also manage Your preferences and opt out of receiving email and other communications by clicking “unsubscribe” from an email sent to You by our Web Services or by contacting us at 

. However, understand that if you opt out of email communications, that will not include opting out of communications for certain operational purposes (for example payment confirmation, account creation, shipment alerts and internal support), we will still continue to communicate with you via email for these purposes.

If you want to stop notifications sent via the Mobile App, you can change the settings on your mobile device.

If your Personal Information is altered, destroyed, acquired, accessed, used, or disclosed in a manner not outlined by this Privacy Policy that compromises the privacy or security of your Personal Information, you agree to receive any required notifications of this breach from Invoy or its delegate via electronic mail in lieu of first-class mail. The notification may be provided in one or more electronic mailings as information becomes available. You also permit Invoy, to the extent your phone number is available and current, to call you and notify or update you about the breach of your Personal Information prior to and after sending electronic mail notification. To the extent required by applicable law, Invoy may report the breach of information to governmental authorities or other third parties.

Accessing Third-Party Sites from our Web Services

Our Web Services may provide links to websites of other organizations or companies that may offer materials and services as well as links to other sites. In using our Web Services or the linked sites of other organizations or companies, You may have the option to sign up for email lists operated by these organizations or companies. If You choose to request that Your address be removed from the organizations’ or companies’ lists, we cannot control whether or not they will immediately stop using Your address. To stop receiving communications from these organizations or companies, You should contact them directly.

This Privacy Policy and our Web Services are intended only for users who are residents of United States. You represent and warrant that You are a resident of the United States, and that You will use the Web Services only in the United States, and that You will not export or use the System outside the United States without the prior express written authorization by Invoy, which Invoy may provide or refuse to provide in its sole and absolute discretion.

This Privacy Policy applies only to the privacy of users of our Web Services. If You follow links and move from our Web Services to external websites owned or operated by other entities or individuals, You should read the privacy policies of those external websites carefully. The terms by which the owners or operators of those websites manage Your information could differ from how our Web Services manage Your information. Our Web Services are not responsible for the practices of these third parties.

You must be 18 years of age or older in order to establish an account on and use the Web Services. Invoy is concerned about the safety and privacy of children online. Because of this, we will make all efforts to comply with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying FTC regulations establish United States federal law that protects the privacy of children using the internet. Further, Invoy’s Services are neither intended for nor designed to attract Users under the age of 18. It is possible that by fraud or deception by others we may receive information given to us or pertaining to minors, including children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or else delete the information from our servers. If you want to notify us of our receipt of information by minors, including children under 13, please email 

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits individuals who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. We will never disclose Your personally identifiable information to third parties for direct marketing purposes without Your authorization.

Our Web Services are committed to protecting Your privacy and to protecting Your information. If You have any complaints regarding these issues or how we process that information, or any other security-related issues regarding our Web Services, we urge You to contact us. Email us at 

We may revise or enhance this Privacy Policy from time to time. We will post a current version of our Privacy Policy on our Web Services with the date the Privacy Policy became effective. If any modification is unacceptable to You, You should quit using our Web Services. If You do not quit using our Web Services, You will be conclusively deemed to have accepted the changes.

Your information will remain subject to the terms of this Privacy Policy even if our Web Services undergo an organizational transition. However, we may transfer Your information to a successor entity upon a merger, consolidation, or other reorganization in which Web Services participate or to a successor assignee or licensee of all or substantially all of our Web Services assets. You hereby consent to such transfers and our Web Services may assign and transfer all of the rights, benefits, duties, and obligations of this Privacy Policy, under the circumstances described in this paragraph.

Privacy Policy

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEB SERVICES, AS THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT.

This document sets forth the terms of service for the Invoy, LLC (“Invoy”, “we”, “us”) web service (“Portal”), its mobile application (the “Mobile App”), and its websites including 

 (the “Website”) (collectively the “Web Services”). The Web Services are provided in conjunction with the use of the Breath Analysis System, comprising of a Device and any Disposables (the “Breath Analysis System”). The term “System” refers to any one of or a combination of the Web Services and/or the Breath Analysis System.

BY CLICKING ON THE ACCEPTANCE BUTTON OR BY ACCESSING OR USING THE MOBILE APP, YOU ACCEPT THE TERMS OF SERVICE SET FORTH IN THIS TERMS OF SERVICE DOCUMENT. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT CLICK THE ACCEPTANCE BUTTON, EXIT THIS PROGRAM, AND DO NOT ACCESS OR USE THE MOBILE APP.

WE DO NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

The System is not intended to diagnose, treat, cure or prevent any disease or health condition. The System is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified healthcare provider for answers to any questions You may have regarding a medical or health related condition. You understand and agree that undertaking any nutrition or weight loss program, including using the System, should be done in consultation with Your physician or other qualified healthcare provider.

You must be a registered Client with Invoy to access or use the Mobile App. You are registered through Portal and are enrolled upon acceptance of these Terms of Service, or through the website (

). With that, You may access and use the Mobile App to view certain data pertaining to You as made available by Invoy. You may not access or use the Mobile App for any other purpose.

The term of Your registration will commence as of the date You accept the Terms of Service on the Mobile App (“Enrollment Date”) and, unless earlier suspended or terminated in accordance with these Terms of Service, will continue to be registered in perpetuity (“Term”). Notwithstanding the foregoing, Invoy reserves the right to terminate Your registration without notice following any period of inactivity associated with Your account in excess of twelve (12) consecutive months.

All notices from Invoy to You shall be deemed delivered and effective when posted to and made available to You on the Mobile App (“Notice”).

To access certain features of our Web Services (such as to obtain Your Breath Score, to obtain Your trended Breath Score, to journal daily progress metrics, and to email Your results, or other uses of our Web Services), You will be required to provide us with certain information about Yourself which may include Your first and last name, email address, user name and password, shipping address, telephone number, zip code, credit card information, sex/gender, age, food plans and dietary preferences, eating habits, weight, blood pressure, heart rate, other health data (such as body fat percentage), and other basic demographic and personal information about You. You, or a professional who is assisting you, may also provide us with health information related to You. If you agree, we may also collect data from specific health mobile applications that you are using and that collect your health data. When You are using the Web Services, we will also collect breath analytic data including the breath measurement itself. If we are assisting You by responding to a specific question, You will also need to provide us with other information (for example a description of why You are contacting us, the best time and method to reach You). If You send us comments or communicate with us via a chat function in our Web Services, You will also provide us with other information in doing so. If you enable location services on your mobile device, we will collect the geolocation of your device. We may also, from time to time, request additional types of personal information. For example, we might ask You about Your experience on our Web Services. It’s up to You whether You provide this information (all data collectively provided by You or collected from You is “Your Data”).

We do not sell or lease Your personal information with other parties. We may share Your personal information as necessary to provide You with services and resources, as we describe below. In addition, if our Web Services are provided to You through an arrangement we have with Your group health plan, employer or insurance company, we may provide Your personal information to that entity. In that instance, Your group health plan, employer, or insurance company will have other policies related to the way they use and disclose Your personal information. Please review that organization’s privacy policies to understand those practices.

For a full description of how we use and disclose Your information, please see our Privacy Policy at 

https://www.invoy.com/legal/privacy-policy

2. MODIFICATIONS TO THE WEB SERVICES TERMS OF SERVICE

2.1 Modifications to the Web Services Terms of Service

You acknowledge and agree that Invoy, in its sole discretion, may modify the Mobile App, the Web Services, and these Terms of Service (including any instructions, policies or guidelines referenced herein) at any time and in any manner. Upon modification of these Terms of Service, Invoy will notify You by posting the modified Terms of Service on the Web Services. All such modifications shall be binding upon You when made. You may not amend or modify the Mobile App, the Website, Portal or these Terms of Service under any circumstances.

3. REPRESENTATIONS, COVENANTS AND WARRANTIES

3.1 Representations, Covenants and Warranties of Registrant

You represent, covenant and warrant to Invoy that: (1) You are a resident of the United States of America; (2) You will use the Web Services only as authorized and intended; (3) these Terms of Service have been executed and delivered by You and constitute a valid and binding agreement with You, enforceable against You in accordance with their terms; (4) if You are using the Web Services on behalf of another entity, You are an authorized representative of the entity, with the authority to bind the entity, and through Your agreement to the Terms of Service, You have bound the entity to these Terms of Service; (5) You will not access or use the Web Services except as expressly permitted by these Terms of Service and any additional instructions, guidelines or policies issued by Invoy, including those posted on Web Services; (6) You will access and use the Web Services in full compliance with applicable Law (as defined in Section 4.1); (7) You are not a competitor intending to use the Web Services for reasons that are in competition with Invoy; and (7) all of the information, data and other materials provided by You in support of Your online registration are accurate and truthful in all respects.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEB SERVICES AND/OR THE SYSTEM IS AT YOUR SOLE RISK, AND THE WEB SERVICES AND/OR SYSTEM ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, INVOY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE WEB SERVICES AND/OR SYSTEM OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE WEB SERVICES AND/OR SYSTEM, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE WEB SERVICES AND/OR SYSTEM IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT INVOY IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR OTHER DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE WEB SERVICES OR SYSTEM, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, INVOY DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE WEB SERVICES AND/OR SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON OR VIA THE INTERNET AND THAT INVOY IS NOT RESPONSIBLE FOR ANY LOSSES, CORRUPTION, DAMAGE, OR INJURY TO YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

In consideration of Invoy providing the System to You, the receipt and sufficiency of which You acknowledge, You agree to release Invoy and its respective affiliates, managers, members, directors, shareholders, officers, employees, contractors, agents, successors, and/or assigns, from claims and all liabilities of every kind, known and unknown, arising from or related to the System or Your use of the System, including, but not limited to, adverse or suboptimal health outcomes, events, or other experiences associated with the System, such as unhealthy weight loss, insufficient weight loss, weight gain, change in metabolic parameters, or any other change to health or disease, or changes in mood or behavior. You hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release. If You are a California resident, You hereby waive California Civil Code §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You acknowledge and understand that the foregoing release is a material inducement to Invoy for Invoy to provide the System to You.

You shall use the Web Services and System in strict compliance with: (1) these Terms of Service; (2) any additional instructions, guidelines or policies issued by Invoy, including those posted on the Mobile App or on the Website; and (3) all applicable laws, rules and regulations (collectively, “Laws”).

You agree to use the Web Services and System only for their authorized and intended purpose. You must use the Web Services and System in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Web Services and System are prohibited. You may not:

attempt to interfere with, harm, copy, translate, disassemble, decompile, reverse engineer, steal from, or gain unauthorized access to the Web Services, System, user accounts, or the technology and equipment supporting the Web Services, System; allow any other person to use the Platform with your registration or login information; frame or link to the Web Services, System without permission; use data mining, robots, or other data gathering devices on or through the Web Services, System, unless specifically allowed by these Terms; breach or otherwise circumvent Invoy's security or authentication measures; post incomplete, false, or misleading information, impersonate another person, or misrepresent Your affiliation with a person or entity; disclose personal information about another person or harass, abuse, or post objectionable material; sell, transfer, or assign any of Your rights to use the Web Services or System to a third party without Invoy’s prior express written consent; post advertising or marketing links or content, except as specifically allowed by these Terms of Service; use the Web Services or System in an illegal way or to commit an illegal or wrongful act in relation to the Web Services or System or that otherwise results in fines, penalties, and other liability to Invoy or others; access the Web Services or System from a jurisdiction where it is illegal or unauthorized; or assist or permit any persons in engaging in any of the activities described above.

4.3 Territorial and Governmental Restrictions

You represent and warrant that You are a resident of the United States, and that You will use the Web Services and System only in the United States, and that You will not export or use the Web Services or System outside the United States without the prior express written authorization by Invoy, which Invoy may provide or refuse to provide in its sole and absolute discretion. You also represent and warrant that You do not intend to use the Web Services or System in connection with any governmental contract or program, and that You will not use the Web Services or System in any such governmental contract or program without the prior express written authorization by Invoy, which Invoy may provide or refuse to provide in its sole and absolute discretion.

Invoy may engage third parties (including Invoy’s affiliates) to perform, or support the performance of, all or any portion of the Web Services and System. Any engagement with any third party will be conducted in accordance with the Invoy Privacy Notice described in Section 7.1.

6. INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE

6.1 Ownership of the Application and Related Material

As between Invoy and You (collectively, “Parties”), Invoy owns and will retain ownership of all rights, title and interest in and to the Web Services and System, including: (1) all content displayed on the Web Services and System, to the extent such content is developed by Invoy or its third party licensors, including any derivative works of the Web Services and System and any such content; and (2) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “Invoy IP”). Neither these Terms of Service nor any disclosure made hereunder grant any license to You under any Invoy IP, except as expressly provided in section 6.3 herein.

By creating, posting, or sharing data and images on or through the Web Services or System (“Your User Content”), and subject to the Privacy Notice, You grant Invoy a perpetual, irrevocable, world-wide, non-exclusive, sub-licensable, royalty-free, fully paid up, transferable license to store, reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use and modify Your User Content for the purposes of providing and enhancing the Web Services and System, or other Invoy products and services. We may also create anonymized data and images from Your User Content, and such data and images will no longer be Your User Content. You waive any rights You may have regarding Your User Content being altered or manipulated in any way that may be objectionable to You. Invoy reserves the right to refuse to accept, post, display, or transmit any of Your User Content in its sole discretion. Subject to the foregoing, You remain the owner of Your User Content that you provide to Invoy and retain all rights that may exist in Your User Content, provided however, the license you grant herein gives Invoy the right to use Your User Content as described in these Terms of Service and your ownership rights in Your User Content cannot interfere with the license you grant to Invoy.

You represent and warrant that: (i) You own the content posted by You on or through the Web Services or System or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Web Services and System does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Web Services or System does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content You post on or through the Web Services and System. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary. If Invoy determines you have posted information that may infringe upon the intellectual property rights of someone else, we may remove infringing material. We may also terminate a repeat infringer’s access to portions of our Web Services. If you have a good faith belief that your copyright is being infringed upon by any material on our Web Services or if you believe your rights, or the rights of someone else, are being violated in any way by material on our Web Services, please send a notice to 

Invoy may (but is not obligated to) review and remove Your User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms of Service; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Web Services or the System.

6.2 Rights in Measurement Data Generated Using the System

You will have a right to a copy of Your Data for Your own personal health maintenance pursuant to the terms set forth in our Privacy Policy (

). For any compilations or comparisons of data generated by the Web Services or System, Invoy shall own all right, title and interest to the data with all rights appurtenant to such ownership, including but not limited to rights of possession, use, disclosure (including publication), and licensing, transfer or sale. All of Your Data shall be uploaded to Portal. This may occur automatically, for example under control of the Mobile App.

You may use the Web Services and System, including any data presented on or by the System for You, or otherwise hosted or stored by Invoy for You, only on Your own behalf and for lawful and appropriate purposes. You shall not use the Web Services, the Mobile App, the Website or any of the data presented on or by the System, or otherwise hosted or stored by Invoy, for any commercial purpose other than as expressly permitted herein. This license is revocable at any time without notice and with or without cause. You will notify Invoy immediately upon any suspected unauthorized use of the Web Services or System, whether by You or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by You to access the Web Services or System (“Login Credentials”). You shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Invoy shall bear no liability or other responsibility associated therewith.

Under some circumstances, Invoy may present You with notifications or suggested actions based on Invoy’s analysis of Your historical data and other information You have provided to Invoy such as ‘medications’, ‘symptoms’ or ‘activities’. For example, Invoy may suggest that You speak with a weight loss professional or clinician after periods of limited progress on Your weight loss program. Those notifications or suggested actions, or lack thereof, are not an indication of Your health and they are not an indication or admission by Invoy that the Web Services, the System, or any part of the System, provides medical advice.

You may also schedule reminder notices using the System, such as reminders to perform breath measurements before eating. Invoy makes no representations about accuracy, reliability, completeness, or timeliness of any push notifications, as parts of the process are outside of Invoy’s control. You accept that any reliance on these reminders will be at Your own risk, and Invoy disclaims any and all liability arising from Your use of them. You agree that Invoy may send push notifications to Your mobile device. However, if You change the settings of Your mobile device to not accept push notifications from Invoy, You may not receive these notifications.

You explicitly consent to the collection, storing, hosting, use, disclosure and other processing, handling or disposition of information as described in the Invoy Privacy Notice located at 

, as such notice may be amended by Invoy in its sole discretion from time to time. Upon modification of the Privacy Notice, Invoy will notify You by placing the modified Privacy Notice on its Web Services or the Mobile App.

Invoy may suspend or limit Your access to the Web Services and/or the Mobile App at any time, with or without cause and with or without notice at its discretion. This includes suspending or limiting Your access if Invoy, in its sole discretion, suspects that You are in violation of, or reasonably likely to be in violation of, these Terms of Service or any additional instructions, guidelines or policies issued by Invoy, including those posted in the Mobile App or on the Website.

You may cancel Your registration at any time in accordance with the procedures described on the Website. Should you choose to cancel Your registration prior to your six (6) months, you are responsible for returning the device back to Invoy within 10 days of cancellation. If the device is not returned within 10 days, Invoy reserves the right to charge You a $100 fee.

Invoy may terminate Your registration, including Your right to access and use the Website, Web Services, or the Mobile App, in whole or in part, as follows:

For Cause. Immediately (1) in order to comply with applicable Law or instructions from any governmental agency or authority; (2) if Invoy, in its sole discretion, suspects that You are using the System in a manner not permitted by these Terms or Service; or (3) upon any breach of these Terms of Service by You.

For Convenience. For convenience, upon notice by Invoy to You, by posting a notice on the Website.

Upon the expiration or earlier termination of Your registration or rights to use the Web Services or System, for any reason: (i) You will no longer be authorized to access or use the Web Services or System or otherwise use any of the features or services offered by or through the Web Services or System; (ii) Invoy may delete or otherwise dispose of any data associated with You or Your account; and (iii) all rights and obligations of the Parties under these Terms of Service shall expire, except those rights and obligations under those sections specifically designated in Section 8.5.

Notwithstanding the expiration or earlier termination of Your registration or rights to use the System, the following sections of the Terms of Service shall survive any such expiration or termination: Sections 3.2, 6.1, 8.4, 9, 10, 11 and 12.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INVOY GROUP (AS DEFINED IN SECTION 10.1) SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEB SERVICES AND/OR SYSTEM, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS OF SERVICE AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY INVOY, INCLUDING THOSE POSTED IN THE WEB SERVICES, INCLUDING THE MOBILE APP OR ON THE WEBSITE), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, DATA LOSS, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. IF INVOY CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN INVOY GROUP’S MAXIMUM LIABILITY TO YOU IS LIMITED TO THE PURCHASE PRICE PAID BY YOU TO INVOY FOR THE MOBILE APP OR $100, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDIES AVAILABLE TO YOU FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

At its option, any member of the Invoy Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Service including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Mobile App or on the Website, and/or actions for damages.

No action arising out of, in connection with, or relating to these Terms of Service or the subject of these Terms of Service shall be brought by You more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written and signed consent of both Parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

You will indemnify and hold harmless Invoy, its affiliates and their respective current, future or former officers, directors, partners, equity holders, employees, agents, contractors, and their successor or assigns (collectively, the “Invoy Group”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Invoy Group, and, if directed by Invoy, shall defend the Invoy Group against: (1) all claims that any information, data or other materials provided by You in connection with Your use of the Web Services and/or the System (including Your application for registration to access and use the System) or these Terms of Service, or use thereof by any member of the Invoy Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct, criminal acts or gross negligence of, You; and (3) all claims otherwise arising due to a failure by You to comply with any term or condition of these Terms of Service, including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Mobile App or on the Website.

If a dispute arises under these Terms of Service between You and any member of the Invoy Group, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes will be handled solely between the named parties, and not on any representative, private attorney general, or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU WAIVE YOUR RIGHT TO ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY, TO THE EXTENT PERMITTED BY LAW. Notwithstanding any other provision of these Terms of Service, any member of the Invoy Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section 11.1 would permit or cause irreparable injury to such member of the Invoy Group or any third party claiming against a member of the Invoy Group, due to delay arising out of such dispute resolution procedures.

All rights and obligations of You or the Invoy Group relating to these Terms of Service, including any additional instructions, guidelines or policies issued by Invoy, including those posted on the Web Services, Mobile App or on the Website, shall be governed by and construed in accordance with the Law of the United States of America, State of California without giving effect to any choice-of-law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.

12.1 Entire Agreement, Amendments and Modifications

These Terms of Service any additional instructions, guidelines or policies issued by Invoy, including those posted on the Web Services, the Mobile App or on the Website, constitute the entire agreement of the Parties with regard to Your use of the Web Services and System, and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Web Services and System and the matters herein are superseded and merged into these Terms of Service. They may be modified by Invoy as set forth herein or, otherwise, only by a written amendment signed by the Parties.

Invoy will be excused from performance under these Terms of Service for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms of Service, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 12.2, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Invoy’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Invoy.

If any provision of these Terms of Service shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Invoy, which may be withheld at Invoy’s sole discretion. Any attempted assignment by You that does not comply with the terms of this Section 12.4 shall be null and void. Invoy may assign these Terms of Service, in whole or in part, to any third party in its sole discretion.

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