Terms of Service

Updated March 21 2025

Alira Health App LLC (“Alira Health App,” “Alira,” “We,” “Us,” or “Our”) provides the Alira App (“App”). This document outlines Alira’s Terms of Service (“Terms”) which govern use of the App.

THESE TERMS CREATE A LEGALLY BINDING CONTRACT. By accessing or using the App in any manner, you are accepting all of these terms and you represent or warrant you have the authority to enter into these terms.

IF YOU DO NOT AGREE TO BE BOUND BY ANY OR ALL OF THE PROVISIONS OF THESE TERMS, YOU MUST NOT USE THE APP.

Section 1: Definitions

Account: Profile and other information that gives the user the capability to use the App.

Affiliates: Subsidiaries, partners, owners, officers, agents, or employees of Alira.

User: Any person who visits, uses, or directs the use of the App.

Section 2: Term of Agreement

This Terms of Service Agreement governs a User’s use of the App and will continue to be in effect after User terminates their Account with Alira.

Section 3: User Rights and Responsibilities

1. User must create an Account to use the App. To create an Account, the User must provide the following information: User’s name, a valid email address where user can be reached, a valid password, and a mobile phone number.

2. User must be at least 13 years of age to create an Account. By creating an Account, User represents and warrants they are 13 years of age of older. Alira does not target its App to children under the age of 13 and does not permit people under the age of 13 to use its App.

3. User is solely responsible for maintaining the confidentiality of their Account and restricting access to it. User accepts sole responsibility for all activities that occur on User’s Account.

Section 4: Proper Usage of the App

1. The App may only be used for User’s personal use. All commercial uses are prohibited.

2. Illegal and/or unauthorized uses of the App are prohibited including, but not limited to, activity that:

   • Is libelous, defamatory, fraudulent, misleading, threatening, discriminatory, or abusive.
   • Infringes on any individual rights including copyright, trademark, patent, trade secret, right of publicity, or other rights.
   • Infringes on Alira’s rights including copyright, trademark, patent, trade secret, right of publicity, or other rights.
   • Attempts to disrupt or tamper with the App or access the App in ways that exceed the User’s authorization.
   • Fraudulently misrepresents the User’s identity.
   • Violates the privacy of any third party, such as sharing another person’s personal information without consent.

Section 5: Accountability for Actions, Behavior and Conduct

Alira reserves the right to remove content of, suspend, ban, investigate, or pursue legal action against any User who does not adhere to proper usage of the App. Alira also reserves the right to report users to law enforcement for any illegal activities.

Section 6: Intellectual Property

1. User hereby grants Alira a limited license to modify and reproduce User’s content in formats necessary or useful for Alira’s business purposes.

2. User represents and warrants User has the legal right to upload all content User uploads to the App.

3. Nothing in this Terms of Service Agreement shall be construed as giving User any right, license, or ownership in Alira’s trademarks, logos, trade secrets, copyright, good will, or other intellectual property. Alira retains all ownership of all intellectual property rights of any kind related to the App and to Alira.

Section 7: Privacy Policy

Please review our Privacy Policy carefully for details related to what information and data we collect from Users, and how we use that information internally and disclose it to third parties. Our Privacy Policy is incorporated into these Terms by reference.

Section 8: Indemnity

User agrees to indemnify and hold harmless Alira and its Affiliates for any loss, liability, claim, or demand, including, but not limited to, reasonable attorney’s fees, made by any third-party due to or arising out of the User’s (1) use of the App, (2) violation of these Terms, or (3) violation of applicable laws or regulations.

Section 9: Disclaimers and Warranties

Alira provides the App “AS IS” and on an “AS AVAILABLE” basis and makes no warranties of any kind regarding the App.

ALIRA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Section 10: Limitation of Liability

1. To the maximum extent permitted by law, in no event shall Alira or its Affiliates be liable to User or any third-party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including, without limitation, lost profits damages arising from or relating to User’s use of the App, even if Alira has been advised of the possibility of such damages. User expressly agrees that access to and use of the App is entirely at User’s own risk.

2. Alira’s liability to Users for any cause whatsoever, and regardless of the form of the action, shall at all times be limited to the amount paid, if any, by User to Alira for the use of the App.

Section 11: Modification of Terms

1. Alira may, from time to time and at its sole discretion, modify these Terms or any additional terms that apply to the App. Alira will send an electronic communication informing User that the Terms have changed. The modified Terms are effective immediately.

2. If User does not agree to these Terms or any future modification of them, User must stop using the App immediately. Continued use of the App following notice of such changes shall constitute User’s acknowledgement and acceptance of the modified Terms.

Section 12: Governing Law

These Terms and the validity thereof shall be governed by and construed in accordance with the substantive laws of the State of Wisconsin.

Section 13: Dispute Resolution

1. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO USER’S USE OF THE APP, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH ALIRA, AND BROUGHT AGAINST ALIRA, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

   • This Arbitration Agreement applies to User and Alira and to any Affiliates, predecessors in interest, successors, and assignees, as well as all authorized or unauthorized Users or beneficiaries of services or goods provided under these provisions.
   • Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.
   • The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules (“Arbitration Rules”). If AAA is not available to arbitrate, the parties shall agree to select an alternative arbitration provider. The seat of arbitration shall be the city of Madison, Wisconsin. Each party shall bear its own costs (including Attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the arbitration provider.
   • THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY, instead electing that all claims and disputes shall be resolved by mandatory binding arbitration.
   • In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, THE PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
   • ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
   • User must bring their claim related to these Terms or the App within one (1) year unless User’s local jurisdiction provides a longer time to file claims. If the claim is not timely filed in accordance with the above provision, the claim is permanently barred.

2. User is solely responsible for disputes with other Users, third-party developers, or any other parties with whom User interacts with through the App. Alira reserves the right, but has no obligation, to become involved with these disputes in any way it deems necessary or beneficial.

Section 13: Procedure for Account Termination

1. User may stop using the App at any time. If User wishes to terminate their entire Account, they may do so by (1) providing written notice to Alira of such desire, (2) uninstalling application from mobile phone, and (3) unsubscribing their email address.

2. Although User may terminate their Account, this Terms of Service Agreement remains in full force and effect. User will be bound by these terms in the case of any future claims or disputes.

Section 14: Communications

1. User may contact Alira using the following contact information:

   • Email Address: [email protected]
   • Phone Number: 630-205-0149

2. Any legal notice to Alira must be made in writing and delivered to Alira’s registered agent, as listed with the Wisconsin Department of Financial Institutions. Emails or electronic communications will not constitute legal notice to Alira.

3. User agrees that Alira may at all times contact User either by the email address linked to their Account or through the App. User further agrees that such communications by Alira will satisfy any legal requirements that would ordinarily be satisfied by a paper document.

Section 15: Severability

The provisions of this Terms of Service Agreement shall be deemed severable and the invalidity or unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the remaining provisions.

Section 16: Dining Data Disclaimer

While Alira strives to provide accurate and up-to-date dining hall information, including (but not limited to) meal names, allergen information, and nutritional content, Alira does not guarantee its completeness, accuracy, or reliability. Alira is not liable for any harm, including allergic reactions, health complications, or other damages, that may result from errors, omissions, or inaccuracies in the dining data provided through the App. Users are solely responsible for confirming food-related information with their dining service provider before consuming any meal.