Terms of Use — Heliobios

These Terms of Use (“Terms”) govern your access to and use of the Heliobios mobile application (“Heliobios” or the “App”), provided by MALENTI LLC (“we,” “us,” or “our”). By installing, opening, or using the App, you agree to these Terms. If you do not agree, do not install or use the App.

Electronic acceptance. By tapping “Accept,” creating an account, or otherwise installing or using the App, you are entering into a legally binding agreement and consenting to the use of electronic records and signatures. The download confirmation from the Apple App Store, together with your continued use of the App, constitutes your electronic signature on these Terms for all purposes, including the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA).

1. License grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices that you own or control, solely for your personal, non-commercial wellness purposes.

This license incorporates by reference Apple’s Standard End User License Agreement (EULA), which applies in addition to these Terms. Where Apple’s standard EULA conflicts with these Terms, these Terms control to the extent permitted.

2. Account responsibilities

You are responsible for safeguarding your Apple ID, email address, password, and any authentication tokens used to access the App.
You agree to provide accurate information and to keep it up to date.
You are responsible for all activity that occurs under your account.
Notify us immediately at security@heliobios.com if you suspect unauthorized account access.

3. Subscriptions

The App offers auto-renewable subscription tiers: Premium Monthly (billed each month) and Premium Yearly (billed each year). Current pricing in your local currency is shown in the App Store at the point of purchase and may vary based on Apple’s regional pricing.

3.1 Auto-renewal

Your subscription automatically renews at the end of each billing period unless you cancel at least 24 hours before the period ends.
Renewal is charged to your Apple ID payment method.

3.2 Cancellation

You can cancel at any time in iOS Settings → [Your Apple ID] → Subscriptions.
Cancellation takes effect at the end of the current billing period; you keep access through that date.

3.3 Free trials

If we offer a free trial, the trial converts to a paid subscription unless you cancel before the trial ends.
Each Apple ID is eligible for a free trial only once per subscription tier.

3.4 Refunds

All payments are processed by Apple. Refund requests must be submitted to Apple at https://reportaproblem.apple.com. We do not have the ability to issue refunds directly.

3.5 Price changes

If we change the subscription price, Apple will provide you with at least 60 days’ notice in advance and an opportunity to accept the new price or cancel.

3.6 Privacy

How we collect and use information related to your subscription is described in our Privacy Policy.

3.7 Cooling-off period (EU/UK/EEA users)

If you are a consumer resident in the European Union, the United Kingdom, or the European Economic Area, you have the right to withdraw from a paid subscription within 14 days of the start of the subscription, without giving any reason and without incurring any cost. This is your “right of withdrawal” under EU Directive 2011/83/EU and equivalent UK law.

Important: By starting to use the paid features of the App during the 14-day period (for example, by accessing premium content or running any premium feature), you expressly request that we begin performance of the service immediately and you acknowledge that you lose your right of withdrawal once performance has begun, in accordance with Article 16(m) of the Directive.

To exercise the right of withdrawal where it still applies, contact privacy@heliobios.com within the 14-day window. Refunds for Apple-billed subscriptions are processed through Apple at https://reportaproblem.apple.com; we will assist Apple where necessary to honor the withdrawal.

4. Health data disclaimer

Heliobios is not a medical device. The information provided by the App is for general wellness and informational purposes only and is not intended as medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before making decisions based on health information from the App.

You agree:

Not to delay or disregard medical advice based on information from the App.
Not to use the App to diagnose or treat any medical condition.
We do not guarantee the accuracy, completeness, reliability, or usefulness of any wellness scores, correlations, forecasts, or insights provided by the App.
Wellness scores and space-weather correlations are statistical estimates, not medical assessments. Individual responses to environmental factors vary widely, and the App’s outputs reflect patterns in your data history — not predictions of medical outcomes.
Use of HealthKit data is governed by Apple’s HealthKit privacy and use restrictions in addition to these Terms.

If you experience a medical emergency, call your local emergency number (911 in the US) or go to the nearest emergency room. Do not rely on the App for emergency guidance.

5. Acceptable use

You agree not to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except as expressly permitted by applicable law.
Modify, adapt, translate, or create derivative works of the App.
Remove, obscure, or alter any proprietary notices in the App.
Use the App for any unlawful purpose or in violation of any applicable law or regulation.
Use the App to make any medical diagnosis or treatment decision.
Upload, transmit, or distribute any malicious code, viruses, or harmful content.
Attempt to gain unauthorized access to the App, our backend, other users’ accounts, or any related systems.
Probe, scan, or test the vulnerability of any of our systems, networks, or services without express written authorization.
Use the App to harass, threaten, or harm other users.
Share, sell, or transfer your account credentials.
Use automated tools (bots, scrapers, crawlers) to interact with the App or our backend in a manner that sends more requests than a human could reasonably produce in the same period, unless we expressly permit it.

6. Intellectual property

This section is comprehensive. All rights not expressly granted in these Terms are reserved by MALENTI LLC, and we will defend our intellectual property in court when needed.

6.1 Our intellectual property — general

The App and all of its components — including source code, object code, algorithms, scoring methodology, forecast and modeling architecture, machine-learning weights, user-interface designs, layouts, “look and feel,” graphics, copy, audio, video, documentation, branding, and any improvements or derivative works — are the exclusive property of MALENTI LLC or its licensors and are protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws.

You receive no ownership rights in the App. Your use of the App is governed by the limited, revocable license granted in §1, and nothing more.

6.2 Trademarks

MALENTI LLC owns the following trademarks (the “Marks”), each used in commerce in connection with the App:

Mark	Type	Use	Registration Status
HELIOBIOS™	Word mark	App name, service name, brand identifier	U.S. federal trademark application Serial No. 99/834,108, filed with USPTO in Class 9, May 2026 (registration pending)
Heliobios bronze ring mark	Design mark	App logo	Common-law trademark in continuous use; federal design-mark application to follow
Solar Load Level™ / SLL™	Word mark	Proprietary composite signal name	Common-law trademark in continuous use
Personal Sensitivity Profile™ / PSP™	Word mark	Proprietary profile-derivation product name	Common-law trademark in continuous use

You may not use the Marks, or any confusingly similar mark, for any purpose without our prior written authorization. Prohibited uses include (but are not limited to): use in domain names, social-media handles, app names, product names, business names, advertising copy, search-engine keywords intended to divert traffic, metatags, comparative advertising that misrepresents the source of goods or services, and any use likely to cause confusion as to source, sponsorship, affiliation, or endorsement.

Unauthorized use of the Marks may violate the Lanham Act (15 U.S.C. §§1051 et seq.), state trademark and unfair-competition laws, and the laws of other jurisdictions. We may pursue all available remedies, including injunctive relief, actual and statutory damages, profits attributable to the infringement, attorneys’ fees, and seizure of infringing goods.

6.3 Copyright

All works of authorship in the App — including code, content, copy, graphics, photographs, illustrations, audio, video, documentation, and the selection, coordination, and arrangement of any of the foregoing — are copyrighted works of MALENTI LLC or its licensors and are protected by the United States Copyright Act (17 U.S.C. §§101 et seq.), the Berne Convention, and the laws of other jurisdictions.

You may not reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, or otherwise exploit any of our copyrighted works without our prior written authorization. We may pursue all available remedies, including injunctive relief, statutory and actual damages, profits, and attorneys’ fees.

6.4 Patents

MALENTI LLC reserves all patent rights in the App, including any inventions, methods, processes, systems, designs, or improvements embodied in the App, whether or not patents have been applied for or granted as of the date of these Terms. Nothing in these Terms transfers any patent rights to you, by license, implication, estoppel, or otherwise. If we later obtain patent protection for any aspect of the App, your prior use of the App does not give you any rights to continued use of any patented feature beyond the license granted in §1.

6.5 Trade secrets

The following constitute trade secrets of MALENTI LLC under the Defend Trade Secrets Act (DTSA, 18 U.S.C. §1836) and applicable state Uniform Trade Secrets Acts:

The composition, weighting, normalization, and calibration of the Solar Load Level (SLL) composite signal and any sub-indices
The mathematical, statistical, and machine-learning methodology used to derive the Personal Sensitivity Profile
Our forecast model architectures, training data sets, hyper-parameters, and trained weights
Our internal data pipelines, scoring engines, server-side aggregation methodology, and quality-control logic
Any non-public source code, internal documentation, build configurations, and infrastructure designs
Aggregated and anonymized statistics derived from user-population data that we have not publicly disclosed

We have taken reasonable measures to maintain the secrecy of this information, including access controls, contractual confidentiality obligations on personnel and contractors, and the prohibitions in this §6 and in §5 (Acceptable use).

You acknowledge that:

Misappropriation of our trade secrets — including by reverse engineering, scraping, observation combined with disclosure, breach of these Terms, or any other improper means — causes irreparable harm for which monetary damages are an inadequate remedy.
We are entitled to seek injunctive relief, including ex parte seizure under DTSA §1836(b)(2), in addition to monetary damages, exemplary damages (up to twice the amount of actual damages for willful and malicious misappropriation), and attorneys’ fees.

6.6 Your data

You retain ownership of all data you provide to the App (HealthKit-sourced biometrics, Oura-sourced biometrics, manual logs, demographic info). You grant us a limited, worldwide, royalty-free license to process that data solely to provide the App’s functionality as described in our Privacy Policy. This section survives termination of these Terms with respect to anonymized aggregates retained under §5 of our Privacy Policy.

6.7 Feedback

If you submit any feedback, suggestions, ideas, bug reports, feature requests, or other communications about the App (“Feedback”), you grant MALENTI LLC a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sub-licensable license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the Feedback for any purpose, without restriction, attribution, or compensation to you. You waive any moral rights in the Feedback to the extent permitted by applicable law.

6.8 No implied licenses

Nothing in these Terms grants you, by implication, estoppel, exhaustion, course of dealing, course of performance, or otherwise, any right, title, license, or interest in any intellectual property of MALENTI LLC beyond the limited license expressly granted in §1. All rights not expressly granted are reserved.

6.9 Reverse engineering, scraping, and circumvention

In addition to the prohibitions in §5 (Acceptable use), you specifically agree not to:

Reverse engineer, decompile, disassemble, decode, adapt, translate, or attempt to derive the source code, algorithms, methodology, or trade secrets of the App, except to the extent (and only to the extent) such activity is expressly permitted by applicable law notwithstanding this limitation (e.g., for interoperability purposes under specific statutory exceptions).
Use any automated tool, bot, scraper, crawler, or similar program to access, monitor, copy, or extract data from the App, our backend, our APIs, or our marketing site, in a manner that exceeds reasonable human use. Unauthorized scraping of our systems may violate the Computer Fraud and Abuse Act (CFAA, 18 U.S.C. §1030) and equivalent state and international computer-crime laws, exposing you to civil and criminal liability.
Circumvent, disable, or otherwise interfere with any security, authentication, rate-limiting, watermarking, fingerprinting, or other technological protection measures we deploy. This prohibition is in addition to (and does not limit) the protections of the Digital Millennium Copyright Act (DMCA, 17 U.S.C. §1201).
Remove, alter, or obscure any copyright notice, trademark notice, attribution, or other proprietary marking.

You acknowledge that violations of this §6.9 cause irreparable harm for which monetary damages are an inadequate remedy, and that we are entitled to immediate injunctive relief, including temporary restraining orders and preliminary injunctions, in addition to monetary and statutory damages.

6.10 Anti-cloning and unfair competition

You agree not to develop, market, distribute, operate, or assist any third party in developing, marketing, distributing, or operating any application, service, product, or feature that:

Imitates, copies, or substantially derives from the App’s user interface, layout, “look and feel,” scoring system, or proprietary methodology
Uses, incorporates, or is informed by any of our trade secrets identified in §6.5
Uses our Marks, or marks confusingly similar to our Marks, in a manner likely to cause confusion as to source, sponsorship, affiliation, or endorsement
Misrepresents itself as compatible with, complementary to, or derived from the App without our prior written authorization

This prohibition is enforceable both as a contractual matter under these Terms and under federal and state unfair-competition laws, including Section 43(a) of the Lanham Act (15 U.S.C. §1125(a)).

6.11 Domain names, handles, and association

Without our prior written authorization, you may not:

Register or use any domain name containing “heliobios,” “malenti,” or any confusingly similar string
Register or use any social-media handle, account name, or username containing “heliobios,” “malenti,” or any confusingly similar string
Claim or imply any partnership, sponsorship, endorsement, certification, affiliation, or other association with MALENTI LLC
Use any of our Marks in advertising, marketing materials, press releases, public statements, or third-party platforms in a manner that suggests we have endorsed, authorized, or are associated with you, your product, or your service

We monitor for unauthorized use and will pursue takedown, transfer, and recovery of any infringing domain or handle, including under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA, 15 U.S.C. §1125(d)).

6.12 Copyright complaints (DMCA)

To report content you believe infringes your copyright, send a notice to copyright@heliobios.com containing:

Your physical or electronic signature.
A description of the copyrighted work you claim has been infringed.
A description of the infringing material and its location (URL or precise reference within the App).
Your contact information (address, phone, email).
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We will review notices in good faith and respond consistent with the DMCA (17 U.S.C. §512) and equivalent law. We may remove or disable access to the material that is the subject of the notice and notify the user who posted it. Repeat infringers may have their accounts terminated.

To submit a counter-notice if you believe your content was removed in error, send a counter-notice to copyright@heliobios.com containing:

Your physical or electronic signature.
Identification of the material that was removed or disabled and the location at which it appeared before removal.
A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.
Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, for the Northern District of California), and that you will accept service of process from the original notice-sender.

Upon receipt of a valid counter-notice, we will forward it to the original notice-sender, and may restore the removed material within 10–14 business days unless the original sender notifies us of a court action seeking to restrain the alleged infringer.

6.13 IP enforcement remedies

In addition to any remedies otherwise available at law or in equity:

Injunctive relief. You acknowledge that any actual or threatened violation of §6.2 (Trademarks), §6.3 (Copyright), §6.5 (Trade secrets), §6.9 (Reverse engineering, scraping, and circumvention), §6.10 (Anti-cloning), or §6.11 (Domain names, handles, and association) causes irreparable harm for which monetary damages are inadequate, and we are entitled to immediate temporary, preliminary, and permanent injunctive relief without the requirement of posting bond, to the maximum extent permitted by applicable law.
Statutory damages. Where statutory damages are available — including under the Copyright Act, the Lanham Act, the DTSA, the DMCA, the CFAA, and the ACPA — we may elect statutory damages in lieu of actual damages.
Attorneys’ fees and costs. Where attorneys’ fees are available under applicable statute or this Agreement, we may recover them in addition to damages.
Carve-out from arbitration. Claims arising under or relating to this §6 (Intellectual property) are excluded from §12 (Dispute resolution and arbitration) to the extent they seek injunctive or equitable relief or to the extent they arise under federal intellectual-property statutes (Copyright Act, Lanham Act, Patent Act, DTSA, DMCA, CFAA, ACPA). We may bring such claims in any court of competent jurisdiction, including the federal district courts of the United States.

7. Communications

7.1 Service communications

By creating an account, you agree to receive transactional and service-related communications from us — for example, account verification, password reset, sync notifications, billing notices, security alerts, and material changes to these Terms or our Privacy Policy. These communications are part of the service; you cannot opt out of them while you have an active account.

7.2 Optional communications

Other communications (welcome series, weekly digest, product updates, research announcements) are optional. You can opt out at any time using the unsubscribe link in those messages or in the App’s Settings → Notifications.

7.3 Push notifications

You can disable push notifications in iOS Settings → Notifications → Heliobios or in the App’s settings. Some App functionality may be reduced without push notifications.

8. Termination, suspension, and service modification

8.1 By you

You may stop using the App at any time. To delete your account and all associated server data:

In-app: Settings → Account → Delete Account, or
Web: visit https://heliobios.com/account-delete, or
Email: privacy@heliobios.com

Subscriptions are cancelled separately in iOS Settings (see §3.2).

8.2 By us

We may suspend or terminate your access if you violate these Terms, if your account is inactive for an extended period, if we are required to do so by law, or if we discontinue the App. We will provide reasonable notice when feasible, except in cases of fraud, security risk, or legal obligation.

8.3 Service modification

We may modify, add, or remove features of the App at any time. We may also discontinue the App, in whole or in part, with reasonable notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App, except as specifically provided in §3 (Subscriptions) for paid features you have already prepaid.

8.4 Effect of termination

Upon termination, your license to use the App ends immediately. Server-side data is deleted within 30 days as described in our Privacy Policy.

The following sections survive termination of these Terms for any reason: §4 (Health data disclaimer), §6 (Intellectual property), §9 (Disclaimer of warranties), §10 (Limitation of liability), §11 (Indemnification), §12 (Dispute resolution), §13 (Governing law), §17 (Force majeure), §18 (Export compliance), and §22 (Contact), together with any other provision that by its nature should survive.

9. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF DATA. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT THE APP’S WELLNESS SCORES, CORRELATIONS, OR FORECASTS WILL BE ACCURATE OR USEFUL FOR ANY PARTICULAR PURPOSE. INDIVIDUAL HEALTH RESPONSES VARY.

9.1 Third-party service providers

The App integrates with third-party services that we do not own or control, including (without limitation) Oura Ring (Oura Health Oy), Apple HealthKit (Apple Inc.), and the infrastructure providers listed in §3.1 of our Privacy Policy. To the maximum extent permitted by applicable law:

We disclaim, on behalf of those third parties, all warranties of any kind, express or implied, with respect to those services, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and uninterrupted operation.
Those third parties are not liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to your use of the App in connection with their services, the unavailability or modification of their services, or any act or omission of those third parties.
Your use of those third-party services through the App is also subject to the third party’s own terms of service and privacy policy. Where a conflict exists, the third party’s terms govern their service, and these Terms govern the App.

Some jurisdictions do not allow the exclusion of certain warranties; the above exclusions may not apply to you, and you may have additional rights under your local consumer-protection law that cannot be waived.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT WILL MALENTI LLC, ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID TO US FOR THE APP IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) USD $50.

Some jurisdictions do not allow the exclusion or limitation of certain damages; the above exclusions may not apply to you. Nothing in these Terms excludes or limits our liability for fraud, gross negligence, willful misconduct, or anything else that cannot be excluded or limited under applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless MALENTI LLC and its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from (a) your violation of these Terms, (b) your misuse of the App, (c) your violation of any law or third-party right, or (d) any decision you make in reliance on the App’s wellness scores or forecasts.

12. Dispute resolution and arbitration

Please read this section carefully — it affects how disputes are resolved between you and us, and it limits the way you can seek relief.

12.1 Informal resolution first

Before filing a claim, you agree to try to resolve the dispute informally by emailing legal@heliobios.com with a description of the dispute and the relief you seek. We will respond within 30 days. If we cannot resolve the dispute informally within 60 days of your notice, either party may proceed to arbitration as set out below.

12.2 Binding arbitration (U.S. users)

If you are a resident of the United States, you and MALENTI LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The arbitration will be conducted in English.
The arbitration will be held in the county where you reside, or by telephone or videoconference at your option.
The arbitrator’s decision will be final and may be entered as a judgment in any court of competent jurisdiction.
We will pay the AAA filing, administrative, and arbitrator fees for any claim of $10,000 or less, unless the arbitrator determines your claim was frivolous.

12.3 Class action waiver (U.S. users)

YOU AND WE AGREE TO BRING ANY CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, except where this waiver is prohibited by law or held unenforceable. If a court holds that this class waiver is unenforceable for a particular claim, that claim (but only that claim) will be severed from arbitration and brought in court.

12.4 Carve-outs

Notwithstanding §12.2 and §12.3, either party may:

Seek injunctive or other equitable relief in court to prevent the unauthorized use, infringement, or misappropriation of intellectual property or confidential information.
Bring an individual action in small-claims court for disputes within that court’s jurisdiction.
Bring an action arising under §6 (Intellectual property) — including claims for injunctive relief, statutory damages, actual damages, profits, attorneys’ fees, or any other remedy — in any court of competent jurisdiction, including the federal district courts of the United States. Such claims are excluded from the arbitration requirement and the class-action waiver to the extent they seek relief under federal intellectual-property statutes (Copyright Act, Lanham Act, Patent Act, DTSA, DMCA, CFAA, ACPA).

12.5 Statute of limitations

To the extent permitted by applicable law, any claim arising out of or related to these Terms or your use of the App must be filed within one (1) year after the claim arose, or be forever barred.

12.6 Right to opt out of arbitration

You may opt out of §12.2 (Binding arbitration) and §12.3 (Class action waiver) by sending written notice to legal@heliobios.com within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

13. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles. Subject to §12 (arbitration), any claim that proceeds in court will be resolved exclusively in the state or federal courts located in Sheridan County, Wyoming, and you consent to personal jurisdiction in those courts.

14. EU/UK/EEA users — your statutory rights

If you are a consumer resident in the European Union, the United Kingdom, or the European Economic Area, you have rights under your local consumer-protection law that cannot be waived by contract. Nothing in these Terms — including §9 (Disclaimer of warranties), §10 (Limitation of liability), §12 (Dispute resolution), or §13 (Governing law) — limits or excludes those rights.

In particular:

You retain the right to bring a court action in your country of residence under EU Regulation 1215/2012 (Brussels I Recast) and equivalent UK law, and to have local consumer law applied to that action under EU Regulation 593/2008 (Rome I).
You may lodge complaints with your national consumer-protection authority or, in the EU, with the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
You retain your statutory right of withdrawal as described in §3.7.

15. California users

Under California Civil Code Section 1789.3, California users of the App are entitled to the following consumer-rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

California residents also have rights under the California Consumer Privacy Act and California Privacy Rights Act, described in our Privacy Policy.

16. Apple’s role

You acknowledge that:

These Terms are between you and MALENTI LLC, not between you and Apple.
Apple is not responsible for the App or its content.
Apple has no obligation to provide maintenance or support for the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims by you or any third party relating to the App.
Apple is a third-party beneficiary of these Terms and has the right (and is deemed to have accepted the right) to enforce these Terms against you.

17. Force majeure

We are not liable for any failure or delay in performing under these Terms when the failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics or public-health emergencies, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, power failures, denial-of-service attacks, or failure of a third-party service provider. We will use reasonable efforts to resume performance promptly once the circumstance is resolved.

18. Export compliance

The App is subject to United States export-control laws, including the U.S. Export Administration Regulations (EAR) and the regulations of the U.S. Office of Foreign Assets Control (OFAC).

You represent and warrant that:

You are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist-supporting” country.
You are not listed on any U.S. government list of prohibited or restricted parties (including the U.S. Treasury Department’s list of Specially Designated Nationals).
You will not use the App in violation of any U.S. or international export, re-export, or import laws.

If you are in the European Union or other jurisdictions with their own export controls, you also agree to comply with those laws.

19. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated through an in-app banner, and the Last updated date above will be updated, at least 30 days before the changes take effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App and may delete your account under §8.1.

20. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law. Our failure to enforce any right or provision is not a waiver of that right or provision, and no waiver is binding unless made in writing by an authorized representative of MALENTI LLC.

You may not assign or transfer these Terms or any rights under them without our prior written consent; any attempted transfer in violation of this section is void. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

21. Entire agreement

These Terms, together with our Privacy Policy and Apple’s Standard EULA (incorporated by reference), constitute the entire agreement between you and MALENTI LLC regarding the App and supersede all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written. In case of any conflict between these Terms and the Privacy Policy, these Terms control, except with respect to subject matter the Privacy Policy specifically governs (in which case the Privacy Policy controls).

22. Contact

MALENTI LLC Legal contact: legal@heliobios.com General contact: support@heliobios.com Copyright complaints: copyright@heliobios.com Security: security@heliobios.com 30 N Gould St, Ste N, Sheridan, WY 82801, United States