Terms of Service
1. Who we are and what these Terms cover
These Terms of Service ("Terms") are an agreement between you and Defiant Ventures, Inc., doing business as Defiant Longevity ("Defiant," "we," "us"). They govern your use of the Defiant Longevity website, the Defiant Longevity platform, mobile-optimized interfaces, educational content and related services (together, the "Platform").
The Platform is a metabolic health technology and education platform. It helps organizations give the people they serve a structured journey toward health goals: goal setting, education, nutrition and fitness tracking, connected health data and progress over time.
By creating an account, signing an order form, or using the Platform, you agree to these Terms and to our Privacy Policy. If you are accepting on behalf of an organization, you confirm that you have authority to bind it, and "you" includes that organization.
2. Two kinds of customers
Organizations. Healthcare organizations, specialty practices, medspas, employers, health plans and similar entities ("Organizations") purchase the Platform under an order form and these Terms. An Organization configures the Platform for the people it serves and is responsible for how it uses the Platform within its own programs.
Members. Individuals who access the Platform through an Organization's program ("Members") use it under these Terms and under any additional terms the Organization sets for its program. Members do not purchase the Platform from Defiant directly. If you are a Member and have a question about your program, your eligibility, or how your Organization uses your information, contact your Organization first.
3. Eligibility
The Platform is offered to Organizations located in the United States. Members must be at least 18 years old and located in the United States. We do not knowingly collect information from anyone under 18. If you believe a minor has created an account, contact us and we will remove it.
4. The Platform is not medical care
Defiant provides technology, educational resources, health tracking and wellness tools. The Platform does not provide medical diagnoses, treatment or medical advice, does not replace the advice of a qualified healthcare professional, and is not for emergencies; healthcare services, where applicable, are provided independently by licensed healthcare professionals or organizations, not by Defiant.
5. Accounts
You must give accurate information when you create an account and keep it current. You are responsible for keeping your login credentials confidential and for activity under your account. Tell us right away at the contact below if you believe your account has been accessed without permission.
An Organization may create, suspend or remove accounts for its administrators and staff, and may close a Member's access when the Member leaves the Organization's program.
6. Fees, billing and renewal
Pricing. Patient journeys start at $299 per month, custom built for enterprise. The price, the number of journeys or Members covered, the billing frequency and the term for your Organization are stated on your order form. All prices are in US dollars (USD).
Billing. Fees are billed in advance for each billing period at the frequency stated on the order form. By providing a payment method you authorize us to charge it for the fees stated on the order form, and for any renewal, until you cancel.
Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price for your plan unless cancelled. Before the first charge we present the price, billing frequency, renewal terms and how to cancel, and you agree to them separately. We send a reminder before any renewal that follows an initial term of one year or longer.
Payment processing. Payments are processed by Stripe, Inc. Card and bank details are entered on Stripe's secure payment form and are sent to Stripe over an encrypted connection. Defiant never sees or stores full card numbers.
Taxes. Fees do not include sales, use or similar taxes. Where we are required to collect them, they are added to the invoice.
Price changes. We may change prices for a renewal term by giving notice at least 30 days before the renewal date. If you do not want to renew at the new price, cancel before the renewal date.
7. Cancellation and refunds
Cancel at any time by emailing info@defiantlongevity.com or calling 877-777-7647. Cancellation takes effect at the end of the current billing period. You keep access until then, and you are not charged again after that.
Fees are non-refundable. We do not provide refunds or credits for partial billing periods, unused journeys, or periods during which the Platform was not used. If we charge you in error, we correct the charge and refund the difference to the original payment method.
No physical goods are sold or shipped under these Terms, so shipping and return policies do not apply.
8. Acceptable use
You agree not to: use the Platform for any unlawful purpose; access another person's account or data without authorization; upload content that is false, harmful, or that infringes someone else's rights; attempt to probe, disable or overload the Platform; copy, resell, sublicense or reverse engineer the Platform; or use the Platform to build a competing product.
An Organization agrees to use Member data only for its own health program, in line with its agreements with Members and with applicable law, and to obtain any consent or authorization that law requires before it enrolls a Member or shares their information with Defiant.
9. Your content and your data
You keep ownership of the information you enter into the Platform, including health measurements, goals, notes and connected device data ("Your Data"). You give Defiant a license to host, process, display and transmit Your Data as needed to provide the Platform, to keep it secure, and as described in the Privacy Policy.
An Organization's administrators can see Member data to the extent the Organization's program configuration allows. Members should assume that information entered into a program sponsored by an Organization is visible to that Organization.
We may use de-identified, aggregated data that cannot reasonably identify any person or Organization to operate, improve and report on the Platform.
10. Health data and HIPAA
Where an Organization is a covered entity under HIPAA and uses the Platform with protected health information, Defiant acts as the Organization's business associate under a separate Business Associate Agreement, which controls over these Terms for that information.
Where state consumer health data laws apply, Defiant collects, uses and shares health data only as described in the Privacy Policy and with the consent those laws require.
11. Connected devices and third-party services
The Platform may let you connect data from devices, apps and services operated by others. Those services are governed by their own terms and privacy policies. Defiant does not control them and is not responsible for their accuracy or availability. You may disconnect a service at any time from your account.
12. Intellectual property
The Platform, its software, design, text, graphics, educational content and trademarks belong to Defiant or its licensors and are protected by law. Subject to these Terms, we give you a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose during your subscription. You may not remove any proprietary notice. If you send us feedback, we may use it without obligation to you.
13. Confidentiality (Organizations)
Each party will protect the other's non-public business information with at least the care it uses for its own, and use it only to perform under these Terms. This does not apply to information that is public, already known, independently developed, or required by law to be disclosed.
14. Service levels, changes and availability
We work to keep the Platform available and will give reasonable notice of planned maintenance. We may update, add or remove features. If a change materially reduces the core functionality your Organization purchased, you may cancel and receive a pro-rated refund of prepaid fees for the remaining term, as your only remedy for that change.
15. Disclaimers
The Platform is provided "as is" and "as available." To the fullest extent permitted by law, Defiant disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Platform will be uninterrupted or error-free, that data from connected devices will be accurate, or that using the Platform will produce any particular health outcome.
16. Limitation of liability
To the fullest extent permitted by law, Defiant and its affiliates, officers, employees and agents will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of or related to the Platform or these Terms. Defiant's total liability for all claims arising out of or related to these Terms will not exceed the fees you paid to Defiant in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow some of these limitations, so some may not apply to you.
17. Indemnification
You agree to defend and indemnify Defiant against third-party claims arising from your breach of these Terms, your violation of law, or, for an Organization, your health program and your use of Member data. Defiant will defend and indemnify an Organization against third-party claims that the Platform, as provided by Defiant, infringes a United States patent, copyright or trademark, excluding claims arising from Your Data, your configuration, or your combination of the Platform with other products.
18. Term, suspension and termination
These Terms apply while you use the Platform. We may suspend or end access if you breach these Terms, if required by law, or if continued access would create a security or legal risk, giving notice where practical. On termination, your right to use the Platform ends. An Organization may export Your Data for 30 days after termination, after which we delete it according to our retention schedule, except where law requires us to keep it.
19. Governing law and disputes
These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other and discussing it in good faith for 30 days. Any claim that is not resolved will be brought in the state or federal courts located in DuPage County, Illinois, and each party consents to their jurisdiction. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.
20. Changes to these Terms
We may update these Terms. If a change is material, we will notify Organizations by email and post the updated Terms with a new effective date at least 30 days before it takes effect, except where a change is needed to comply with law. Continued use after the effective date means you accept the updated Terms.
21. General
These Terms, your order form, the Privacy Policy and any Business Associate Agreement are the entire agreement between you and Defiant about the Platform. If any part is found unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them to an affiliate or in a merger or sale. Our failure to enforce a provision is not a waiver. Notices to Defiant go to the contact below; notices to you go to the email on your account.
22. Contact
Defiant Ventures, Inc., doing business as Defiant Longevity
5100 Lincoln Ave., Lisle, IL 60532
info@defiantlongevity.com · 877-777-7647