Terms of use
Welcome and thank you for your interest in Zest! These Terms of Use (the “Agree-
ment”) describe the terms and conditions applicable to your use of www.zest.science (the
“Site”), the Zest mobile application (the “Mobile App”) Zest longevity consultations, the Zest
blog post, Zest advice forum, and other Zest services (collectively, the “Services”). The Site and
Mobile App are owned and operated by Zest Longevity LTD, and its affiliates and subsidiaries.
In this Agreement, we refer to ourselves as “Zest” or “Zest Science” or “Zest
Longevity” or “us” or “we”; we refer to you as “you” or “Customer.” Zest and Customer are re-
ferred to in this Agreement individually as a “Party” and collectively as the “Parties.”
By accessing or using the Services, including access of the Site, you intend and ex-
pressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Pol-
icy, which is incorporated by reference. If you do not agree to these terms and conditions, you
may not use the Services.
Access and Use
Zest grants you a limited license to access the Site subject to this Agreement. If you
choose to subscribe to and use the Mobile App, Zest further grants you a license to access and
use the Services, subject to and conditioned upon your compliance with this Agreement, the Pri-
vacy Policy, and any other rules and requirements communicated to you by Zest, including your
payment of any applicable fees. You acknowledge and agree that Zest may modify, update, and
otherwise change the Services at any time and in its sole discretion.
You represent and warrant that you are at least 18 years of age and have the legal
authority to accept this Agreement on your behalf or on behalf of any party you represent. You
alone are responsible for your activities and interaction with the Services.
You shall not use the Services for any purposes beyond the scope of the access
granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit
any third-party to: (i) copy, modify, or create derivative works of the Services, in whole or in
part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive
or gain access to any Mobile App component of the Services, in whole or in part; or (iii) use the
Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates
any intellectual property right or other right of any person (including but not limited to web
scraping), or that otherwise violates any law, regulation, or other legal requirement.
Purchases are intended for you as the end user only and are not authorized for resale,
without Zest’s express authorization. We reserve the right to refuse or cancel your order if we
suspect you are purchasing Services for resale. Title for Products purchased from Zest passes to
you at the time of delivery by Zest or our designated carrier.
Except for the limited license to access the Site and Mobile App identified above,
you acknowledge that nothing contained in this Agreement shall be construed as granting or con-
ferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual prop-
erty, including any (i) inventions (whether patentable or not in any country), patents, patent ap-
plications, invention disclosures, improvements, trade secrets, proprietary information, know
how, information, or technical data; (ii) copyright protected works, copyright registrations, mask
works, mask work registrations, or applications in the United States or any foreign country; (iii)
trademarks, trademark registrations, service marks, logos, or applications therefor in the United
States or any foreign country; (iv) trade secrets; or (v) any other tangible or intangible propri-
etary rights anywhere in the world.
You acknowledge and agree that at times the Services may be inaccessible or inop-
erable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii)
periodic maintenance procedures or repairs which Zest may undertake from time to time without
notice to you; or (iii) causes which are beyond the control of Zest or which are not reasonably
foreseeable.
Notwithstanding anything to the contrary in this Agreement, Zest may temporarily
suspend access to the Services provided to you and any other third-party for security purposes, to
prevent illegal or fraudulent activity, to comply with the requests of any legal agency or govern-
ment entity, or if you violate the Agreement or the Privacy Policy.
Zest may from time to time and in its sole discretion engage other service providers
to assist in the performance of the Services, such as web hosting providers, payment processors,
and other third-parties. You shall abide by the terms of use and other requirements associated
with the services provided by such third-parties in connection with the Services.
Customer Responsibilities
You acknowledge that you are solely responsible and liable for your use of the Ser-
vices, directly or indirectly, including understanding whether such access or use is permitted by
or in violation of this Agreement. You are further solely responsible for compliance with all ap-
plicable laws relating to your use of the Services. You shall further use the Services solely for
lawful purposes, and shall conduct all business through the Services in accordance with all appli-
cable laws and regulations, including but not limited to all applicable federal and state laws and
regulations governing the offer and sale of securities, money laundering, and counter-terrorism.
You alone are responsible for ensuring and maintaining that you are able to access
and use the Services, including by securing your own compatible hardware, Mobile App, internet
access, security Mobile App, backup devices or services, and any other requirements. Zest shall
have no responsibility to provide any additional Mobile App or hardware. You further agree that
Zest shall have no responsibility for any data loss or other damage or loss suffered in connection
with your use of the Services, including any failure to provide adequate security or backup de-
vices or services.
You are responsible for ensuring Zest has accurate and current information for your
Customer account, including current contact and payment information. You are further responsi-
ble for regularly reviewing the associated Customer email account for any communications from
Zest.
If you are provided with a username, password, credentials file, or any other piece of
information as part of any security procedure (“Credentials”), you must treat such information as
confidential, and must not disclose Credentials to any other person or entity. You acknowledge
that your account and Credentials are personal to you, and further agree not to provide any other
person with access to the Services or portions of the Services using your username, password, or
other security information. You shall notify Zest immediately of any unauthorized access to or
use of your Credentials or any other breach of security. Zest has the right to disable any user-
name, password, credentials file, or other identifier at any time, whether chosen by you or pro-
vided by Zest.
Zest shall make commercially reasonable efforts to provide adequate support ser-
vices for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any
guaranteed level, availability, or turnaround time of support services for the Services.
Payment and Fees
Paid Services include the Services, which may be one-time purchases or automati-
cally renewing subscription services (“Paid Services”), including our Site and Mobile App
(“Subscriptions”). We may make changes to, suspend, or discontinue Paid Services at any time
for any reason, and Zest reserves the sole discretion to determine which Services or portions
thereof require payment.
Paid Services may include pre-ordered Products that will be produced for you in the
future (“Pre-Order”). You will be charged a Pre-Order fee when placing your Pre-Order. The ac-
tual date for shipping any accepted Pre-Order will depend on a variety of factors, including but
not limited to, the date of payment of your Pre-Order fee and Zest’s manufacturing schedule.
There is no shipping date guarantee for Pre-Orders.
You agree to pay all applicable fees for Paid Services including, without exclusion,
any monthly subscription fees, user fees, and offering fees and any other fees, charges, or costs
that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You
agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the
Agreement.
You authorize Zest to charge your designated payment method for Paid Services. By
providing an acceptable payment method, you represent and warrant that you are authorized to
use the designated payment method and that you authorize us or our third-party payment proces-
sor to charge your payment method for the total amount of your purchase, including any applica-
ble taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise
not acceptable, your Paid Service may be suspended or cancelled. You must resolve any problem
we encounter in relation to the payment method you provide in order to proceed with your use of
the Service. If you accept a promotional offer or make changes to your Paid Services, the Fees,
taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable
taxes or currency exchange rates. You authorize us or our third-party payment processor to
charge your payment method for the corresponding amount. Refunds will not be issued unless
required by law. This payment obligation shall survive termination or cancellation of this Agree-
ment for any reason whatsoever.
If you choose to finance a purchase through our third-party payment processor and
one or more items in your order has an extended ship date, your loan payment(s), including inter-
est, may be due before we ship all of the items. Please note that you may not receive a rebate of
any interest that may have already accrued on an amount that is later refunded.
Subscriptions
Certain Paid Services are subscription-based purchases, to which the following
terms apply:
Your Subscription term may vary as a monthly or annual term (“Subscription
Term(s)”), as described in the course of purchasing the Paid Services. Your Subscription will
auto-renew for additional Subscription Terms until your Subscription is cancelled by you, or sus-
pended or terminated by Zest. Unless otherwise indicated by us, your designated payment
method will be charged prior to, or at the beginning of, each Subscription Term for the Subscrip-
tion fee plus any applicable taxes and other charges. Before charging you for a Subscription
Term, we will notify you of the applicable fees, and the renewal will occur at the price then in ef-
fect for the Paid Service.
You may cancel your Subscription at any time. Your cancellation will take effect at
the end of the current Subscription Term. To cancel your subscription and automatic payment,
click on the “Cancel Account” button from your account screen or contact our team by visiting
support@zest.science
Cancellation does not entitle you to the refund of any previously paid Fees and you
will not receive a refund for the remainder of the Subscription Term. In the event you cancel
your Subscription, note that we may still send you promotional communications, unless you opt
out of receiving those communications by following the unsubscribe instructions provided in the
communications.
When you cancel a Subscription, you cancel only future charges for your Subscrip-
tion. You will not receive a refund for the current Subscription Term you paid for, but you will
continue to have full access to that Subscription until the end of that current Subscription Term.
At any time for any reason, we may provide a refund, discount, or other consideration (“credits”)
to some or all of our users. The amount and form of such credits, and the decision to provide
them, are at our sole and absolute discretion. The provision of credits in one instance does not
entitle you to credits in the future for similar instances, nor does it obligate us to provide credits
in the future.
If you reside outside the United States and change your mind about your purchase,
you may be entitled to receive a full refund within fourteen (14) days (the “Cooling-Off Period”),
provided that you have not logged in or otherwise redeemed or started to use the Services as a
subscriber during the Cooling-Off Period.
From time to time, we may offer free trials of certain Subscriptions for specified pe-
riods of time without payment. Prior to starting your free trial we will notify you of the applica-
ble Subscription fees that will be charged at the expiration of your free trial. Unless you cancel
your Subscription prior to the end of your free trial by taking the steps outlined above, when your
free trial ends, we or our third-party payment processor will bill your designated payment
method on a recurring basis for your Subscription fee, plus any applicable taxes and other
charges, for as long as your Subscription continues. You must cancel your Subscription before
the end of your free trial period to avoid any charges. Instructions for cancelling your Subscrip-
tion are described above.
Your payment information will be processed and stored through a third-party pay-
ment processor. All paid account holders must maintain at least one valid payment method for
payment of Fees, which are described in more detail during checkout. All Fees are calculated and
billed to you on a monthly or annual basis depending upon your choice, and are due immediately
upon receipt and are subject to change. You acknowledge that Fees have a recurring payment
feature, and you accept responsibility for all recurring charges prior to cancellation. Fees shall be
charged or debited from the saved, designated payment method you provide one day prior to the
monthly or yearly anniversary of the initial purchase date.
In the event that you have not logged in or otherwise used the Services for six (6)
months or longer following purchase or receipt of a Product during a free trial, we reserve the
right to terminate your subscription, cancel any pending purchase(s), and refund you the pur-
chase price of the Product only. You will not be entitled to a refund for the value of the Subscrip-
tion during the free trial.
Zest reserves the right to adjust the Fees for our Paid Services, or any features or
parts of our Paid Services, at any time. You acknowledge that Zest may change the Fees for Paid
Services at any time. In the event of such a change, Zest will provide notice to you via the email
address associated with your account at least thirty (30) days in advance of the effective date of
the change. Your continued use of the Services indicates your acceptance of any changes to the
Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when re-
quired by law.
Data and Communications
Zest may collect and process information regarding your usage of the Services. You
consent to Zest’s collection and use of such information, as well as the sharing of such informa-
tion with third-party service providers for purposes of providing, marketing, and improving the
Services, and any other reason described in the Privacy Policy. All personal information col-
lected by Zest is treated in accordance with the Privacy Policy.
By agreeing to the terms and conditions in this Agreement and providing your con-
tact information to Zest, you give your express consent to allow Zest, its affiliates, and agents to
contact you from time to time at any mailing address, phone number, or email address you pro-
vide to Zest. Your consent means you agree to be contacted by Zest and its service providers via
phone, email, text message, or other means for any purpose, including but not limited to notifica-
tions related to the Services and your account, subscriptions, purchases, available upgrades,
billing and payment processing issues, and telemarketing communications. Such authorized com-
munications may include use of automated dialling technology or the use of pre-recorded mes-
sages. You are responsible for any charges that may be billed to you by your service provider(s)
when we contact you. You further acknowledge that your consent to the foregoing is not a condi-
tion of using the Zest Services, and if you do not wish to consent, you may contact us and re-
quest to be placed on a do not contact list, or you may opt out any time using the opt-out mecha-
nism provided in any such communications.
Zest disclaims all liability under this Agreement for any information you provide to
Zest that may constitute electronic patient health records or similar information supplied by you
or an end user, notwithstanding anything to the contrary in this Agreement or as otherwise re-
quired by any applicable federal, state, or international laws, rules, or regulations.
Intellectual Property Rights
Zest, Zest Science, and Zest longevity are trademarks of Zest Longevity LTD. Zest
Content, Zest Products, Zest features and Services, and our underlying technology are protected
by copyright, trademark, patent, intellectual property, and other laws of the United Kingdom and
foreign countries. All rights reserved. You are not granted, by implication or otherwise, any li-
cense or right to use any marks appearing on, or used or displayed in connection with, the Ser-
vices (“Trademarks”). The Services may also contain or refer to third-party trademarks, trade
names, product names, and logos that may be registered trademarks of their respective owners.
Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be
construed as granting any license or right to use any Trademarks displayed in connection with
the Services without Zest’s express written permission.
All content provided in association with the Services and this Agreement, including,
but not limited to, the Site, the Product, the Mobile App, all text, graphics, user interfaces, visual
interfaces, photographs, images/video, electronic art, sounds/audio, data, communications pro-
grams, executable code, computer code, and data (collectively, “Content”) formatted, organized,
and collected in a variety of forms, including design, structure, selection, coordination, expres-
sion, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, con-
tained in the Content, Services, and underlying technology, and any and all other copyright-pro-
tected work associated with the Services (“Copyrighted Works”), are exclusively owned, con-
trolled, or licensed by or to Zest and are protected by U.K. and international copyright laws. You
agree you will not directly or indirectly copy, reproduce, modify, create derivative works from,
distribute, or publicly display the Copyrighted Works without the prior express written permis-
sion of Zest.s
If you provide any communications or materials to Zest by mail, email, telephone, or
otherwise, suggesting or recommending changes to the Services, including without limitation,
new features or functionality relating thereto, or any comments, questions, suggestions, or the
like (“Feedback”), Zest is free to use such Feedback irrespective of any other obligation or limi-
tation between the Parties governing such Feedback. Zest is free to use, without any attribution
or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual
property rights contained in the Feedback, for any purpose whatsoever, although Zest is not re-
quired to use any Feedback.
Zest respects the intellectual property rights of others and it is our policy to expedi-
tiously process and review notices of claimed infringement of copyright or other applicable intel-
lectual property laws. Any notices of claimed infringement should be sent to info@zest.science,
and must contain all of the following: (i) a signature (physical or electronic) of the copyright
owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of the material that you
claim is infringing and is to be removed or have access to same disabled, and information suffi-
cient to permit Zest’s administrators to locate the material; (iv) information sufficient for us to
contact you, such as address, telephone number, and email address; (v) a statement that you have
a good faith belief that use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the information in the notification
is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to
act on behalf of the owner of a copyright that is allegedly infringed.
Warranty Disclaimer
The services are provided to you “as is with all faults” and “as available” without
warranty of any kind, and Zest and its subsidiaries, affiliates, officers, directors, employees, rep-
resentatives, agents, partners, and licensors hereby disclaim all warranties and conditions with
respect to the services whether express or implied and expressly disclaims any implied war-
ranties of title, merchantability, fitness for a particular purpose, satisfactory quality, and non-in-
fringement. Zest does not warrant against interference with your enjoyment of the services, the
availability of content, that the functions contained in the services will meet your requirements,
that the services will be free of viruses or other harmful components, that the operation of the
services will be uninterrupted or error-free, that defects in the services will be corrected, or that
the functions contained in the services will function with other mobile apps or hardware, or
within a system. No oral or written information or advice given by Zest or a Zest authorized rep-
resentative shall create a warranty. Some jurisdictions do not allow the exclusion of implied war-
ranties or limitations on applicable statutory rights of a consumer, so the above exclusion may
not apply.
Limitation of Liability
In no event will Zest, its subsidiaries, affiliates, officers, directors, employees, repre-
sentatives, agents, partners, and licensors be liable for damages of any kind, under any legal the-
ory, arising out of or in connection with your use, or inability to use, the services or any content
associated with the services, or such other sites or any services or items obtained through the ser-
vices, including any direct, indirect, special, incidental, consequential, or punitive damages, in-
cluding but not limited to, personal injury, pain and suffering, emotional distress, loss of rev-
enue, loss of profits, loss of business or anticipated savings, loss of business opportunity, busi-
ness interruption, loss of use, loss of goodwill, loss of data, and whether caused by tort (includ-
ing negligence), breach of contract, or otherwise, even if foreseeable. These exclusions or limita-
tions will apply regardless of whether or not Zest has been warned of the possibility of such
damages.
The foregoing does not affect any liability which cannot be excluded or limited un-
der applicable law. To the extent liability cannot be excluded or limited as set forth above, in no
event shall Zest be liable for any claim, whether in contract, tort, or under any other theory of lia-
bility, in excess of $100.
Precautions
The services are not a medical device and you expressly agree that the services do
not involve the provision of medical advice by Zest. The services are not intended to diagnose,
treat, cure, or prevent any disease or medical condition. The services are for informational pur-
poses only and cannot replace the services of physicians or medical professionals.
The services, including all information, text, photographs, images, illustrations,
graphics, audio, video, and audio-video clips, and other materials, whether provided by us or
third parties, is not intended to be and should not be used in place of (a) the advice of your physi-
cian or other medical professionals, (b) a visit, call, or consultation with your physician or other
medical professionals, or (c) information contained on or in any product packaging or label.
Should you have any health-related questions, please call or see your physician or
other medical provider promptly. Should you have an emergency, call your physician or your lo-
cal emergency services number immediately. You should never disregard medical advice or de-
lay in seeking medical advice because of any information presented on the services, and you
should not use the services or any information provided in the services for diagnosing or treating
a health problem. The transmission and receipt of services, in whole or in part, or communication
via the internet, email, or other means does not constitute or create a doctor-patient, therapist-pa-
tient, or other healthcare professional relationship between you and Zest.
You should always consult a physician before making any changes to your lifestyle
or supplement routine based on information provided through the Services, or if you have any
questions regarding a medical condition. Zest is not responsible for any health problems that may
result from information you learn about through the Services. If you make any change to your
lifestyle or supplement routine based on the Services, you agree that you do so fully at your own
risk. It is important to be sensitive to your body's responses. For example, if you feel unexpected,
repeating, or long-term pain, or fatigue or discomfort due to having made changes to your sleep
or activity, it is recommended that you consult a physician before continuing with such changes.
The information in the Services may be misleading if your physiological functions and responses
differ significantly from population averages due to medical conditions or rare natural differ-
ences.
The Services may provide links to other websites maintained by third parties. You
acknowledge and agree that such links are provided for your convenience only and do not reflect
any endorsement, affiliation, relationship, or sponsorship by Zest with respect to the provider of
such linked site or the quality, reliability, or any other characteristic or feature of such linked
site. You further acknowledge and agree that Zest is not responsible in any manner (including
without limitation with respect to any loss or injury you may suffer) for any matter associated
with the linked site, including without limitation, the content provided on or through any such
linked site or your reliance thereon. In addition, you should be aware that your use of any third
party site is subject to the terms and conditions applicable to that site, including the privacy poli-
cies (or lack thereof) of such site. If a third party links to the Services, it is not necessarily an in-
dication of endorsement, affiliation, relationship, or sponsorship by or with Zest. Zest may not
even be aware that a third party has linked to the Services.
Any other content not owned by Zest is owned by its respective owner. You ac-
knowledge and agree that such content is provided by its owner and does not reflect any endorse-
ment, affiliation, relationship, or sponsorship by Zest with respect to the provider of such con-
tent. You further acknowledge and agree that Zest is not liable or responsible in any manner (in-
cluding without limitation with respect to any loss or injury you may suffer) for any content pro-
vided by third parties including, without limitation, your reliance thereon. Zest makes no repre-
sentations or warranties with respect to any third party content.
You agree to indemnify, hold harmless, and defend OurZesta, its subsidiaries, affili-
ates, officers, directors, employees, representatives, agents, partners, licensors, successors, and
assigns, from and against any action, cause, claim, damage, debt, demand, or liability, including
reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) your
use of the Services, including but not limited to anyone using your account or Credentials; (ii)
breach of this Agreement by you or anyone using your account or Credentials; (iii) any informa-
tion used, stored, or transmitted in connection with your account or Credentials; (iv) breach of
the rights of any third party, including but not limited to privacy, publicity, intellectual property,
or other proprietary rights by you or anyone using your account or Credentials; or (v) violation of
any law, regulation, or other legal requirement.
Termination; Cancellation
This Agreement shall continue in full force until terminated or cancelled pursuant to
this Agreement.
Zest shall have the right to terminate this Agreement (i) for any reason whatsoever
by providing thirty (30) days’ notice to you; (ii) immediately for your material breach of this
Agreement, other than non-payment of Fees; or (iii) for non-payment of Fees. Notwithstanding
the foregoing, Zest reserves the right, in its sole discretion and without notice, at any time and for
any reason, to remove, modify, suspend, or disable access to all or any portion of the Services.
You may terminate the Agreement for any reason whatsoever by providing thirty
(30) days’ notice to Zest by logging into the profile section of the Mobile App and selecting
“Unsubscribe”. You shall be responsible for all Fees incurred prior to and during the notice pe-
riod.
Sections titled Precautions, Intellectual Property Rights, Data and Communications,
Indemnification, Warranty Disclaimer, Limitation of Liability, Governing Law, Forum; Manda-
tory Binding Arbitration; Class Action Waiver, and payment obligations for Fees incurred prior
to and during any notice period shall survive termination of this Agreement for any reason what-
soever.
Miscellaneous
You acknowledge that Zest has the right to monitor use of the Services to ensure
compliance with the Agreement.
No waiver of any term, provision, or condition of this Agreement, whether by con-
duct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a
waiver of any other term, provision, or condition hereof, whether or not similar, nor shall such
waiver constitute a continuing waiver of any such term, provision, or condition hereof. No
waiver shall be binding unless executed in writing by the party making the waiver.
You may not assign this Agreement to any other party and any attempt to do so is
void.
If any provision of this Agreement is determined to be illegal or unenforceable, then
such provision will be enforced to the maximum extent possible, and the other provisions will re-
main fully effective and enforceable.
This Agreement and the Privacy Policy constitute the complete and exclusive state-
ment of the agreement between you and Zest regarding the Services, and supersedes any and all
prior or contemporaneous communications, representations, statements, and understandings,
whether oral or written, between the parties.
In case of any conflict between the terms of this Agreement and the terms of the Pri-
vacy Policy, the terms of this Agreement shall prevail..
Modification of the Terms and Services
Zest reserves the right to update this Agreement and/or the Privacy Policy at any
time and for any reason in its sole discretion by posting updated terms. Unless otherwise indi-
cated by Zest, any changes will become effective on a prospective basis from the date of posting.
Zest will notify you of any material changes to the Agreement or Services. By continuing to ac-
cess or use the Services after we have provided you with notice of a modification, you are agree-
ing to be bound by the modified Agreement. If the modified Agreement is not acceptable to you,
your only recourse is to cease using the Services. Zest and its third-party service providers may
make improvements and/or changes in the Services, features, and prices described at any time
and for any reason in its sole discretion. The Mobile App may download and install upgrades,
updates, and additional features in order to improve, enhance, and further develop the Services.
Zest reserves the right at any time to modify or discontinue, temporarily or permanently, the Ser-
vices or any portion thereof with or without notice. You agree that Zest shall not be liable to you
or to any third party for any modification, suspension, or discontinuance of the Services.