Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") are a binding contract between you and VisiumGroup, LLC ("Oliv", "we", "us"). They govern your use of the Oliv™ iOS app (the "App"), olivwellness.com (the "Site"), and any related services (together, the "Service").

By downloading the App, creating an account, or using the Service, you agree to these Terms, our Privacy Policy, and our Medical Disclaimer. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old, have legal capacity to contract, and not be subject to applicable sanctions or export-control restrictions. If you use Oliv on behalf of another person or entity, you represent you have authority to bind them to these Terms.

3. Your account

When you register, you agree to provide accurate information, keep your credentials confidential, and be responsible for all activity on your account. Notify us immediately at support@olivwellness.com if you believe your account has been compromised. You may close your account at any time: Profile → Delete Account. Deletion takes effect within 30 days; see our Privacy Policy for how your data is handled.

4. License to use the Service

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the App on a compatible Apple device you own or control, and to access the Site, for personal non-commercial use only. This licence is subject to Apple's Licensed Application End User Licence Agreement (the "Apple EULA"). If these Terms conflict with the Apple EULA, these Terms apply as between you and us.

5. Acceptable use

You agree not to:

• copy, modify, distribute, sell, or sublicense any part of the Service;
• reverse-engineer or decompile the App, except as permitted by applicable law;
• use the Service to build a competing product;
• scrape, crawl, or harvest data from the Service by automated means;
• upload viruses or other harmful code;
• use the Service to make medical or prescriptive claims to others; or
• violate any applicable law or impersonate any person or entity.

We may suspend or terminate accounts that breach these restrictions.

6. Intellectual property

6.1 Our property

The Service and all its content — including the Oliv™ name, logo, septagon mark, wellness framework, assessment methods, face-scan process, recommendation engine, source code, design, and all related intellectual property — is owned by us or our licensors. These Terms grant you no rights in our intellectual property except the limited licence in Section 4. You may not use our trademarks or visual identity without our prior written permission.

6.2 Your inputs

You retain ownership of your assessment responses and other content you provide ("Your Inputs"). By using the Service you grant us a worldwide, non-exclusive, royalty-free licence to host, process, and use Your Inputs solely to provide and improve the Service, consistent with our Privacy Policy. This licence ends when you delete Your Inputs (typically by closing your account), subject to any legal retention obligations.

7. Cost & payment

The Service is currently free. If we introduce paid features we will give you at least 30 days' notice, display clear pricing in the App, and update these Terms before any charge applies. You will not be billed until you have expressly opted in to a paid feature.

8. Health & wellness disclaimers

Oliv is not a medical service. The App provides general wellness information only. It is not a medical device, and it does not diagnose, treat, cure, or prevent any disease. It is not a substitute for professional medical advice. You must read our full Medical Disclaimer before using the App; by using Oliv you agree to it.

9. Third-party products & links

Products referenced in the Oliv catalogue are made and sold by independent third parties. We do not manufacture, sell, or guarantee any third-party product. Always follow the manufacturer's instructions. We are not responsible for the availability, quality, safety, efficacy, or legality of any third-party product or any linked website.

10. Feedback

If you send us suggestions or ideas about the Service ("Feedback"), you grant us a perpetual, worldwide, irrevocable, royalty-free licence to use that Feedback for any purpose, with no obligation to you.

11. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind — express, implied, or statutory — including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any results from it will be accurate. Where law does not permit a warranty to be disclaimed, it is limited to the minimum period and scope required.

12. Limitation of liability

• No indirect damages. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, even if we have been advised of the possibility of such losses.
• Cap on direct damages. Our total cumulative liability for all claims relating to the Service will not exceed the greater of (a) USD 100 or (b) the total amount you paid us in the twelve months before the event giving rise to the claim.
• Exceptions. Nothing in these Terms limits our liability for gross negligence, fraud, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be excluded by law. EU and UK consumers retain all statutory rights.

13. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless VisiumGroup, LLC and its affiliates, officers, directors, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your infringement of any third-party right; or (d) your violation of applicable law.

14. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if we reasonably believe you have breached these Terms, applicable law, or our policies, or if we discontinue the Service. On termination, your licence ends immediately. Sections that by their nature survive termination — including Sections 6, 8, 10, 11, 12, 13, 16, and 17 — remain in effect.

15. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email and in-App before they take effect. Non-material changes (such as typo fixes) are reflected by updating the "Last updated" date. Continued use after a change takes effect constitutes acceptance.

16. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, United States of America, without regard to conflict-of-laws principles. Subject to Section 17, disputes must be brought in the state or federal courts in Loudoun County, Virginia, and you consent to their exclusive jurisdiction. EU and UK consumers: nothing in these Terms removes any mandatory consumer-protection right you have under the law of your country of habitual residence, including the right to bring proceedings in your local courts.

17. Dispute resolution

17.1 Informal resolution

Before filing any formal claim, please contact us at support@olivwellness.com with a description of the issue. We will work in good faith to resolve it within 30 days.

17.2 Formal proceedings

Unresolved disputes will be handled through the courts under Section 16. EU and UK consumers may also bring proceedings in their local courts and rely on mandatory local consumer-protection law.

17.3 Small claims & injunctive relief

Either party may bring an individual claim in a small-claims court of competent jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.

18. General

Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions stay in full force.

Entire agreement. These Terms, together with our Privacy Policy, Medical Disclaimer, Cookie & Tracking Notice, and the Apple EULA, form the entire agreement between you and us regarding the Service and supersede all prior understandings.

No waiver; assignment. Failure to enforce any right is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or asset sale.

19. Contact

Questions? Email support@olivwellness.com or write to VisiumGroup, LLC, 19854 Don Juan Ln, Leesburg, VA 20175-6768.

These Terms do not constitute legal advice; consult qualified counsel for your jurisdiction.