Voko Terms of Service

By accessing, downloading, installing, purchasing, or using the Services, you confirm that you have read, understood, and agreed to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

These Terms contain a binding arbitration agreement and class-action waiver in Section 17. Except where prohibited by law or where you timely opt out, you and Vantys Inc. agree to resolve covered disputes through individual binding arbitration rather than in court before a judge or jury.

Our Privacy Policy explains how we collect, use, disclose and retain information relating to the Services.

You must be at least 13 years old to use the Services.

If you are under 18 or under the legal age of majority in your state, you may use the Services only with the involvement and permission of a parent or legal guardian. Your parent or guardian must review and agree to these Terms on your behalf.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

The Services are currently marketed and offered for use in the United States. We do not represent that the Services are appropriate or available in other countries or territories.

Certain features may require you to create a Voko account.

You agree to:

• provide accurate and current account information;
• maintain the confidentiality of your login credentials;
• promptly update information that becomes inaccurate;
• use only an account that you are authorized to use; and
• notify us promptly if you believe your account has been accessed without authorization.

You are responsible for activity occurring through your account except to the extent that unauthorized activity was caused directly by our failure to exercise reasonable care.

You may not create another account without our written permission if we previously suspended or terminated your account for violating these Terms.

Subject to your compliance with these Terms, Vantys Inc. grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to:

• download and install the Voko application on a compatible device that you own or control; and
• access and use the Services for your personal, non-commercial purposes.

The Services are licensed, not sold.

No provision of these Terms transfers ownership of the Services, Voko software, Voko content, scoring systems or other intellectual property to you.

Your license automatically terminates when these Terms are terminated or when you violate these Terms.

Voko may allow you to scan product barcodes, search for products, save products, submit product corrections, provide feedback or otherwise transmit information through the Services.

Information you voluntarily submit may include:

• barcodes;
• product names;
• product packaging or label information;
• product corrections;
• search queries;
• feedback;
• support communications; and
• related metadata.

Collectively, this information is referred to as "Submissions."

You retain ownership of Submissions that you own.

By providing a Submission, you grant Vantys Inc. a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, analyze, modify and use the Submission to:

• operate and provide the Services;
• identify and match products;
• verify or correct product information;
• improve Voko's database and search systems;
• improve Voko's scoring and classification systems;
• maintain security and prevent abuse; and
• develop and improve Voko's products and features.

This license lasts for as long as reasonably necessary to provide and improve the Services, subject to our Privacy Policy and applicable law.

You represent that you have the rights and permissions necessary to provide your Submissions and that your Submissions do not violate any law, confidentiality obligation, privacy right or intellectual-property right.

The Services may offer free features and paid subscription features under a plan such as Voko Pro.

App-store billing

Subscriptions purchased through the Voko iOS application are processed through Apple In-App Purchase.

Subscriptions purchased through the Voko Android application are processed through Google Play Billing.

Apple or Google, rather than Vantys Inc., processes the applicable payment method. We may receive subscription, transaction, receipt, trial and entitlement information needed to provide paid access.

Automatic renewal

Voko Pro subscriptions automatically renew for successive billing periods unless canceled before the applicable renewal date.

The billing period, subscription price and applicable taxes will be displayed before purchase and through your Apple App Store or Google Play Store account.

By purchasing a subscription, you authorize the applicable app-store provider to charge the payment method associated with your account for each renewal until the subscription is canceled.

Free trials and promotional offers

We may offer free trials, introductory pricing or other promotional subscription offers.

Unless the offer states otherwise, a free trial automatically converts into a paid recurring subscription at the displayed price when the trial ends unless you cancel before the end of the trial period.

Eligibility for trials and promotional offers may be limited to new users, particular accounts or other eligibility criteria.

Creating multiple accounts to obtain repeated trials or promotional pricing is prohibited.

Cancellation

You may cancel a subscription through the platform where you purchased it:

• Apple App Store subscriptions must be managed through your Apple Account subscription settings.
• Google Play Store subscriptions must be managed through your Google Play subscription settings.

Cancellation stops future renewals. Unless otherwise required by law or permitted by the applicable app store, you will retain access until the end of the billing period for which payment has already been made.

Deleting your Voko account or deleting the application from your device does not automatically cancel your subscription.

Google Play requires subscription applications to provide users with access to an appropriate subscription-management and cancellation mechanism.

Refunds

Payments and refund requests for purchases made through Apple or Google are generally administered under the applicable app store's refund policies.

Except where required by law or separately approved by Vantys Inc. or the applicable app store, subscription fees are non-refundable and no credits are provided for partially used billing periods.

Google Play generally allows a canceled subscriber to retain access for the remainder of the current billing period without automatically receiving a refund for that period.

Subscription changes

We may change subscription prices, billing periods or included features.

Any price change affecting an existing subscription will be implemented through the applicable app store and subject to its notice and consent requirements.

Your purchase is not contingent upon the delivery of any future feature or functionality.

Voko provides information about food and consumer products, which may include:

• product names and categories;
• ingredients;
• nutrition information;
• product characteristics;
• processing or ingredient observations;
• Voko scores;
• rankings;
• comparisons; and
• alternative product suggestions.

Product information may come from manufacturers, retailers, product labels, licensed databases, public databases, service providers, users or other sources.

Voko scores

A Voko score is an evaluation produced according to Voko's methodology and the product information available to Voko at the relevant time.

Voko scores:

• represent Voko's evaluation and methodology;
• are not government ratings;
• are not FDA safety determinations;
• are not medical diagnoses;
• do not establish that a product is safe or unsafe;
• may change when product data, formulations or methodologies change; and
• should not be treated as the sole basis for dietary, purchasing or health decisions.

Different products, package sizes or formulations sold under similar names may contain different ingredients or nutrition values.

Always review the current physical packaging, ingredient list and Nutrition Facts label before consuming or purchasing a product.

The Services are provided for general informational and educational purposes only.

Voko does not provide medical, nutritional, dietary or healthcare advice. Vantys Inc. is not a healthcare provider, dietitian, nutritionist or medical organization.

Information provided through the Services is not intended to:

• diagnose, treat, cure or prevent any disease or medical condition;
• replace professional medical or dietary advice;
• determine whether a product is appropriate for a particular medical condition;
• guarantee the absence of allergens, contaminants or other substances; or
• determine whether consuming a product is safe for a particular person.

You should consult a qualified healthcare professional regarding medical conditions, allergies, dietary restrictions, pregnancy, medication interactions or other health concerns.

Never disregard or delay professional medical advice because of information provided through Voko.

If you have a severe allergy or other health-related dietary restriction, you must independently verify information directly from the product manufacturer and current product packaging.

The Services and all associated materials are owned by Vantys Inc. or its licensors and are protected by intellectual-property laws.

Protected materials may include:

• software and source code;
• interfaces and application design;
• graphics, icons, logos and branding;
• Voko-generated text and explanations;
• product-data compilations;
• proprietary scoring methodologies;
• classifications and rankings;
• algorithms;
• databases and database structures;
• analyses and visualizations; and
• improvements and derivative materials.

You may not copy, reproduce, republish, modify, sell, license, distribute or commercially exploit any part of the Services except as expressly authorized by Vantys Inc.

You may not:

• scrape or crawl the Services;
• use bots or automated extraction tools;
• systematically download product information or scores;
• reproduce Voko's scoring database;
• reverse engineer the application;
• attempt to discover source code or underlying algorithms;
• remove ownership notices; or
• use Voko content to create or train a competing product or service.

These restrictions do not apply to activities that cannot lawfully be restricted under applicable law.

The Services may display product names, packaging, trademarks, ingredient information or other materials belonging to third parties.

Third-party trademarks and product names remain the property of their respective owners.

The display of a product or trademark does not imply that:

• the brand sponsors Voko;
• the brand endorses Voko;
• Voko endorses the brand; or
• Vantys Inc. is affiliated with the brand.

Product information may become outdated because manufacturers can change product names, packaging, ingredients, formulations or nutrition information without notifying us.

We are not responsible for the conduct, products, representations or services of third parties.

You agree not to:

• use the Services for an unlawful or fraudulent purpose;
• violate any applicable law or third-party right;
• provide false, deceptive or misleading information;
• impersonate another person or organization;
• access another user's account without authorization;
• interfere with the operation or security of the Services;
• introduce viruses, malware or harmful code;
• test or probe the vulnerability of our systems without written authorization;
• bypass access controls, subscription restrictions or security measures;
• use automated systems to access, scrape or extract information;
• reverse engineer, decompile or disassemble the Services;
• reproduce or commercially distribute Voko scores or database content;
• overload, disrupt or damage the Services;
• use the Services to build, improve or benchmark a competing product;
• misuse free trials, promotional offers or subscriptions; or
• encourage another person to engage in prohibited conduct.

We may investigate violations and cooperate with law-enforcement authorities where appropriate.

You may stop using the Services at any time.

You may request deletion of your Voko account through the available account settings or by contacting us at info@myvoko.com.

Vantys Inc. may suspend or terminate your access if we reasonably determine that:

• you violated these Terms;
• your use presents a security, fraud or legal risk;
• your conduct may harm Voko, another user or a third party;
• your subscription was obtained fraudulently;
• we are required to do so by law or an app-store provider; or
• continuing to provide access is no longer commercially or technically practicable.

Where reasonably appropriate, we may provide notice before termination. We may act immediately where necessary to protect the Services, users or third parties.

Account termination does not automatically cancel an Apple App Store or Google Play subscription.

Sections concerning ownership, disclaimers, limitations of liability, indemnification and dispute resolution survive termination.

You may voluntarily provide suggestions, ideas, comments or other feedback regarding Voko.

Feedback is not confidential.

You grant Vantys Inc. a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, commercialize and otherwise exploit feedback without restriction or compensation.

This provision does not transfer ownership of your personal information or unrelated User Submissions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.

VANTYS INC. DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• AVAILABILITY; AND
• QUIET ENJOYMENT.

We do not warrant that:

• the Services will always be available, uninterrupted or error-free;
• product information will be complete or current;
• Voko scores will meet your expectations;
• all products or barcodes will be recognized;
• errors will be corrected;
• recommendations will be appropriate for you;
• information will be suitable for a medical or dietary decision; or
• the Services will be free from harmful components or unauthorized access.

Some states do not permit particular warranty exclusions. In those states, these exclusions apply only to the extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VANTYS INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

This includes damages arising from:

• lost profits or revenue;
• loss of data;
• loss of goodwill;
• service interruption;
• reliance on product information or scores;
• purchasing or consuming a product;
• unauthorized access to an account; or
• inability to use the Services.

These limitations apply regardless of the legal theory asserted and even if we were advised that such damages were possible.

To the maximum extent permitted by law, our total aggregate liability arising from or relating to the Services or these Terms will not exceed the greater of:

1. the amount you paid for the Services during the 12 months immediately preceding the event giving rise to the claim; or
2. US$50.

Nothing in these Terms excludes or limits liability that cannot legally be excluded, including liability arising from fraud, willful misconduct or other conduct for which limitation is prohibited by applicable law.

To the maximum extent permitted by law, you agree to indemnify and hold harmless Vantys Inc. and its officers, directors, employees, contractors and affiliates from claims, liabilities, damages, judgments, losses and reasonable legal expenses arising from:

• your unlawful use of the Services;
• your material violation of these Terms;
• your Submissions;
• your violation of another person's intellectual-property, privacy or other legal rights; or
• fraud or willful misconduct committed through your account.

We may assume control of the defense of a covered claim. You agree to reasonably cooperate and not settle a claim imposing obligations on Vantys Inc. without our written consent.

Please read this section carefully.

Except where you timely opt out, this section requires you and Vantys Inc. to resolve covered disputes through binding individual arbitration.

Arbitration replaces the right to have a dispute decided in court by a judge or jury.

Informal dispute resolution

Before beginning arbitration, the party raising a dispute must send a written notice describing:

• the party's name and contact details;
• the facts giving rise to the dispute;
• the legal or contractual basis for the dispute; and
• the relief requested.

Notices to Vantys Inc. must be sent to:

Vantys Inc.

Attn: Legal

131 Continental Dr, Suite 305

Newark, Delaware 19713

Email: info@myvoko.com

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

Agreement to arbitrate

If the dispute is not resolved informally, either party may commence individual arbitration administered by JAMS under the applicable JAMS rules and Consumer Arbitration Minimum Standards.

This arbitration agreement is governed by the Federal Arbitration Act.

The arbitrator may award any individual remedy that would otherwise be available in court under applicable law.

The arbitration may be conducted remotely, by written submissions or at a reasonably accessible location, subject to the applicable JAMS rules.

Consumer fees will be allocated in accordance with JAMS Consumer Arbitration Minimum Standards. Those standards require reciprocal arbitration, preserve small-claims access and generally limit the fee required from a consumer while placing the remaining arbitration costs on the company.

Exceptions

Either party may:

• bring an eligible individual claim in small-claims court; or
• seek temporary or injunctive relief in court to prevent actual or threatened infringement, misuse or misappropriation of intellectual property, confidential information or security systems.

Nothing in this section prevents a person from seeking public injunctive relief in court where applicable law prohibits requiring that relief to be arbitrated.

No class or representative proceedings

YOU AND VANTYS INC. AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.

Neither party may bring or participate in a class action, class arbitration, collective action, private-attorney-general action or representative proceeding, except where this restriction is prohibited by law.

Arbitration opt-out

You may opt out of this arbitration agreement by sending written notice to info@myvoko.com within 30 days after first accepting these Terms.

Your notice must include:

• your full name;
• your account email address;
• your mailing address; and
• a clear statement that you are opting out of the arbitration agreement in the Voko Terms of Service.

Opting out of arbitration does not affect the other provisions of these Terms.

Severability

If a portion of this arbitration section is found unenforceable, the remaining provisions will continue to apply except where severance would fundamentally alter the arbitration agreement.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement.

For disputes that are not subject to arbitration or eligible for small-claims court, you and Vantys Inc. consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

Nothing in this section deprives a consumer of non-waivable rights under applicable state law.

We may modify, update, suspend or discontinue part or all of the Services.

We may make these changes to:

• introduce new functionality;
• improve the Services;
• respond to legal or platform requirements;
• address security or technical risks;
• remove unsupported features; or
• change our commercial offering.

Where reasonably practicable, we will provide notice before a material change that substantially reduces an active paid subscription.

We may update these Terms periodically.

The revised version will be posted at myvoko.com/terms with an updated "Last Updated" date.

We may also provide notice through the application, website or email when changes are material.

Unless otherwise stated, revised Terms become effective when posted. Continued use after their effective date constitutes acceptance of the revised Terms.

Changes to the arbitration provision will not apply retroactively to a dispute of which Vantys Inc. had actual notice before the revised provision became effective.

Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

Current contact details are:

Department of Consumer Affairs

Consumer Information Center

1625 North Market Blvd., Suite N 112

Sacramento, California 95834

Telephone: (800) 952-5210

The California Department of Consumer Affairs currently lists that address and telephone number for consumer assistance.

Complaints relating to Voko may first be sent to info@myvoko.com.

Apple App Store

The following terms apply when you download or use Voko through the Apple App Store:

1. These Terms are concluded between you and Vantys Inc., not Apple. Vantys Inc. is responsible for Voko and its content.
2. Your license is limited to a non-transferable license to use Voko on Apple-branded products that you own or control, as permitted by Apple's applicable usage rules, including permitted Family Sharing use.
3. Vantys Inc., not Apple, is responsible for maintenance and support for Voko. Apple has no obligation to provide maintenance or support.
4. To the extent a warranty cannot lawfully be disclaimed, you may notify Apple if the application fails to conform to that warranty. Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
5. Vantys Inc., not Apple, is responsible for claims relating to Voko, including product-liability, legal-compliance and consumer-protection claims.
6. Vantys Inc., not Apple, is responsible for investigating, defending and resolving third-party claims that Voko or your use of Voko infringes intellectual-property rights.
7. You represent that you are not located in a country or region subject to a United States government embargo or designated by the United States government as supporting terrorism, and that you are not listed on a United States government prohibited- or restricted-party list.
8. You must comply with applicable third-party terms when using Voko.
9. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce the applicable provisions against you.

Google Play Store

The following terms apply when you download or use Voko through Google Play:

1. These Terms are concluded between you and Vantys Inc., not Google.
2. Vantys Inc., rather than Google, is responsible for Voko, its content, maintenance and support, except to the extent otherwise required under Google's applicable terms.
3. Your download and use of Voko must comply with the applicable Google Play terms and policies.
4. Purchases, subscriptions, renewals, cancellations and refunds processed through Google Play are also governed by the applicable Google Play terms.
5. Google is not responsible for claims arising from Voko or your use of Voko except to the extent required under applicable law or Google's own contractual obligations.

These Terms and the Privacy Policy constitute the entire agreement between you and Vantys Inc. concerning the Services, except for additional terms that expressly apply to a particular feature or promotion.

If a provision is found invalid or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

You may not assign these Terms without our written consent. Vantys Inc. may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets or operation of law.

Our failure to enforce a provision is not a waiver.

Section headings are included for convenience and do not affect interpretation.

Electronic communications and electronic acceptance satisfy requirements that an agreement or notice be in writing.

Questions, complaints or claims relating to the Services may be directed to:

Vantys Inc.

Operator of the Voko application and myvoko.com

131 Continental Dr, Suite 305

Newark, Delaware 19713

United States

Email: info@myvoko.com