Terms of service

Last Updated: July 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HILO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. ABOUT HILO AND THESE TERMS

Welcome to Hilo. Hilo is a wearable blood pressure companion and connected platform developed by Aktiia SA and its affiliates (“Hilo,” “we,” “us,” or “our”). These Terms and Conditions ("Terms") govern your purchase and use of the Hilo Products and your access to and use of the Hilo App, the Site (which, as defined below, includes hilo.com and any online properties operated by or for Hilo that link to these Terms), and the other Services, each as defined in Section 2 below.

These Terms apply to users of Hilo Products and Services who reside in the United States. Hilo products are offered in the United States by Aktiia Inc. Certain processing activities are performed by Aktiia SA and affiliated entities.

By purchasing a Product, creating an account, downloading the Hilo App, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms Our Privacy Policy, available on the Site, describes how we collect, use, and disclose your personal information; please review it carefully. If you do not agree, you may not purchase Products or use the Services.

Certain features or Services may be subject to additional terms presented to you at the time of access. Such additional terms are incorporated into these Terms by reference and, in the event of a conflict, the additional terms govern with respect to the specific feature or Service to which they apply.

2. DEFINITIONS

In these Terms, the following terms have the meanings set out below:

“Agreement” means these Terms, any accepted Order, and any documents expressly incorporated by reference.

“AI Features” means functionality within the Services that uses artificial intelligence, machine learning, or large language model technology to generate outputs, recommendations, or insights.

“AI Output” means any content, recommendation, insight, summary, or other material generated by AI Features and made available to you via the Services.

“Authorized Reseller” means an authorized third-party retailer or marketplace through which you may purchase a Product or Subscription.

“Fee” means any amount payable by you to Hilo for Products or Services, whether on a one-time, recurring, or other basis.

"Hilo App" means the Hilo mobile application, related software, and any associated digital platform or interface made available by Hilo.

"IFU" means the Instructions for Use supplied with the Hilo Product, including contraindications, compatibility information, and safety guidance.

"Offer" means any offer, proposal, product listing, checkout flow, plan description, or other communication by which Hilo offers Products or Services on specified terms.

“Order” means your request or purchase to obtain Products or Services from Hilo.

“Products” means the Hilo Band, Hilo Cuff, and any other physical products, devices, chargers, accessories, or related hardware made available by Hilo.

“Services” means the Site, the Hilo App, and all related subscription services, device-connected functionality, analytics, insights, notifications, support, and other digital features made available by Hilo from time to time.

“Service Data” means data generated or collected through your use of the Products and Services, including account, device, technical, usage, interaction and health or physiological measurement data (such as blood pressure readings and related metrics).

“Site” means the Hilo website at hilo.com and any related webpages or online properties operated by or for Hilo that link to these Terms.

“Subscription” means the recurring subscription that provides access to the Hilo Services for the applicable Subscription Term.

“Subscription Term” means the billing period covered by an active Hilo Subscription, as specified at the time of purchase, which renews automatically unless canceled.

“User Content” means reviews, ratings, images, comments, and other content or materials that you voluntarily submit to us or otherwise publish, distribute or transmit through the Products or Services.

“You,” “Your,” “User,” or “Customer” means the individual accessing, purchasing, or using Hilo Products or Services. If you act on behalf of a company or other entity, "You," “Your,” “User,” and “Customer” include that entity, and you represent that you have authority to bind it.

These Terms are between you and Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA.

3. ELIGIBILITY

By accessing or using the Services or purchasing Products, you represent and warrant that:

You are at least 18 years of age, or the age of majority in your jurisdiction if higher;
You have the legal capacity to enter into a binding agreement;
If acting on behalf of an entity, you have the authority to bind that entity to these Terms;
All information you provide is accurate, current, and complete; and
Your use of the Products and Services complies with all applicable laws and regulations in your jurisdiction.

The Products and Services are intended for personal, non-commercial use only. Commercial use or resale requires Hilo's prior written consent.

4. ACCOUNT REGISTRATION AND SECURITY

Use of the Hilo App and Services requires a user account. When registering, you agree to: (i) provide accurate, complete, and current information and keep it updated; (ii) keep your password, login credentials confidential; (iii) not share your account with any other person; and (iv) notify Hilo immediately of any unauthorized access or suspected security breach.

You are responsible for all activity occurring under your account. Hilo may disable any account at any time for violating these Terms, applicable law, suspected fraud, or security purposes. You may not use or provide account or registration information that impersonates another person, infringes third-party rights, or is obscene or otherwise inappropriate.

5. ORDERS AND PRODUCTS

5.1 Order Process and Acceptance

Products may be purchased through the Hilo Site or through Authorized Resellers. By submitting an order, you make a binding Offer to purchase the selected Products. Order confirmation does not constitute acceptance. A binding contract is formed only upon Hilo's express acceptance, evidenced by a shipment confirmation or equivalent notice.

5.2 Order Refusal and Cancellation

Hilo reserves the right to refuse, reject, or cancel any Order, including where: (i) a pricing or other error affected the Offer; (ii) Products are unavailable; (iii) Hilo reasonably suspects fraud, resale intent, or bad faith; or (iv) there is an unresolved billing dispute on a prior Order. Where an Order is canceled after payment, Hilo will issue a full refund.

5.3 Product Descriptions and Availability

Product images, descriptions, and specifications are for illustrative purposes only. Actual Products may vary. All Products are subject to availability. Hilo reserves the right to limit quantities, modify specifications, and discontinue Products at any time.

5.4 Pre-Orders

Hilo may offer certain Products for pre-order before they are available. By placing a pre-order, you submit an Order for a Product to be fulfilled at a later date. Where permitted by law, Hilo may charge your payment method at the time of pre-order. Any delivery dates communicated for pre-ordered Products are estimates only.

6. PRICING, PAYMENT, AND TAXES

Prices are displayed in the currency applicable to your market and apply only at the time presented. The total amount payable, including applicable taxes and any shipping charges, will be shown at checkout before you complete your purchase.

Hilo offers Products and Services for purchase through its Site, which is hosted by Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Products and Subscriptions to you. Shopify also facilitates payment processing via a third-party, such as Shopify Payments or PayPal (as applicable, the “Payment Processor”). If you submit an Order, you agree to provide your payment information at the time you place your Order. You represent and warrant to Hilo that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply in connection therewith is true, correct and complete. You agree to have sufficient funds or credit available upon placement of any such Order to ensure that all applicable fees will be collectible.

By submitting an Order, you authorize Hilo, Shopify, and/or the applicable Payment Processor to charge your selected payment method for all applicable Fees and, if applicable, on a recurring basis for any Subscription in accordance with these Terms. Shopify may use any information or data you submit in accordance with its Privacy Policy located at https://www.shopify.com/legal/privacy/app-users, as may be amended from time to time, and the Payment Processor may use any information or data you submit in accordance with its privacy policy. Hilo is not responsible for the performance of any Payment Processor or Shopify. You also authorize Hilo to disclose to Shopify and/or the Payment Processor any information related to your Order and your use of the payment processing services, subject to our Privacy Policy. By enrolling in a Subscription, you authorize Hilo, Shopify, and/or the applicable Payment Processor to charge your selected payment method on a recurring basis at the applicable Subscription rate. All fees are stated in U.S. dollars and are exclusive of any applicable taxes, which are your sole responsibility. You agree to maintain a valid payment method on file and to promptly update payment information if it changes.

If a pricing error occurs, Hilo reserves the right to cancel affected Orders and will promptly refund any amounts already charged. Discounts may not be combined unless expressly stated. You are responsible for all applicable taxes on your purchases; Hilo will collect and remit taxes where required by law.

To the extent permitted by applicable law, if Hilo permits payment by installments, deferred payment, or “buy now pay later,” title to the Products shall remain with Hilo until all applicable Fees for those Products have been paid in full, unless otherwise agreed in writing or as required by applicable law.

Hilo may, from time to time, offer discounts, credits, promotional pricing, or promo codes. The eligibility criteria, duration, and any other conditions of a promotion will be set out in the applicable Offer. Discounts, credits, and promo codes may be personal to you, are non-transferable, have no cash value, may not be combined with other offers unless expressly stated, and are provided at Hilo's discretion. The grant of any discount, credit, or promotion creates no right or expectation that Hilo will offer the same or a similar benefit in the future. Hilo may modify or discontinue any promotion at any time, and may cancel an Order or reverse a discount where a promo code is used fraudulently, in error, or in breach of its conditions.

7. SHIPPING AND DELIVERY

Products will be delivered to the shipping address specified in your Order. You are responsible for providing accurate, complete, and current shipping information. Any delivery timeframes communicated by Hilo are estimates only and are not guaranteed unless expressly stated otherwise.

Risk of loss and title to Products (excluding any firmware or software incorporated therein, which are licensed and not sold) pass to you upon delivery to the shipping carrier, except where a different rule is required by applicable law. Hilo may use third-party carriers and fulfillment providers and is not liable for carrier delays, failed deliveries, or losses attributable to the carrier. If delivery fails due to an incorrect address or unclaimed shipment, Hilo may cancel the Order and refund any Fees paid, less non-recoverable shipping costs, to the extent permitted by applicable law.

8. SUBSCRIPTIONS AND AUTO-RENEWAL

AUTO-RENEWAL: Your Hilo Subscription automatically renews at the end of each Subscription Term unless you cancel before the renewal date. Before your Subscription begins, Hilo will clearly disclose: (i) the applicable Subscription Fee; (ii) the Subscription Term length; (iii) that your Subscription will renew automatically unless canceled; and (iv) how to cancel. By subscribing, you affirmatively authorize Hilo to charge your payment method on a recurring basis until cancellation.

8.1 Subscription Terms

When you purchase a Subscription, you receive access to the Hilo App and Services for the applicable Subscription Term specified at the time of purchase. Unless canceled in accordance with Section 10, your Subscription will automatically renew for successive periods equal to the initial Subscription Term at the then-current Subscription Fee.

8.2 Billing Authorization and Pre-Renewal Notice

By purchasing a Subscription with recurring billing, you authorize Hilo or its payment processor to charge your selected payment method at the start of each Subscription Term, including renewals, for the applicable Fee plus applicable taxes. Hilo will notify you of the renewal Fee at least the number of days required by applicable law before each renewal date. If you do not wish to renew, you must cancel before the renewal date in accordance with Section 10.

8.3 Fee Changes

Hilo may change Subscription Fees on notice. Hilo will provide advance notice no less than the number of days required by applicable law before any Subscription Fee change takes effect. Your continued use of the Services after the effective date of a Subscription Fee change constitutes acceptance of the new Subscription Fee. If you do not accept a Fee change, you may cancel before it takes effect.

8.4 Failed Payments

If payment for your Subscription cannot be processed, Hilo may suspend access to Subscription-based Services until payment is received. Where a Subscription expires without renewal, access to the Hilo App and associated data may be restricted. Hilo may limit or close your account in accordance with the Privacy Policy.

9. FREE TRIALS

Hilo may offer free trials of Subscription Services. Before your trial begins, Hilo will clearly disclose: (i) the trial duration; (ii) the Subscription Fee that will apply at the end of the trial; and (iii) how to cancel before being charged.

UNLESS YOU CANCEL BEFORE THE END OF YOUR FREE TRIAL, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE APPLICABLE SUBSCRIPTION FEE AT THE END OF THE TRIAL PERIOD. YOU MUST CANCEL BEFORE THE TRIAL ENDS TO AVOID BEING CHARGED. CANCELLATION INSTRUCTIONS ARE IN SECTION 10.

Hilo reserves the right to determine eligibility and to modify or discontinue trial offerings at any time.

10. CANCELLATION

You may cancel your Subscription at any time through your Hilo account settings at hilo.com or through the Hilo App. If you subscribed through the Apple App Store or Google Play, you must cancel through your app store account settings.

Cancellation takes effect at the end of your then-current Subscription Term. You will retain access to your Subscription benefits through the end of the period you have already paid for. Cancellation prevents future renewal charges only. Except as required by applicable law, Fees already paid are non-refundable, and Hilo does not provide prorated refunds for any unused portion of a Subscription Term.

11. REFUNDS AND RETURNS

11.1 Product Returns Generally

If you have purchased directly from Hilo, you may return your Hilo Product for a full refund within 30 days of receipt, provided the Product is returned in its original condition with all components. To initiate a return, contact Hilo customer support at us.hilo.com/pages/contact-us or visit https://returns.hilo.com/. Return shipping costs are your responsibility unless the return is due to a defect or Hilo error.

For Products purchased through an Authorized Reseller, returns and refunds are governed by that reseller's policy. Hilo will not issue refunds for Products purchased through Authorized Resellers.

11.2 Subscription Refunds

Except as expressly required by applicable law, Subscription Fees are non-refundable, and Hilo does not provide prorated refunds for any unused portion of a canceled Subscription Term.

12. HILO APP AND SERVICES LICENSE

12.1 License Grant

Subject to your compliance with these Terms and maintenance of an active Subscription (where applicable), Hilo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Hilo App solely for your personal, non-commercial use in connection with the Products and Services.

12.2 App Store Terms

The Hilo App is available through the Apple App Store and the Google Play Store. Your access to and use of the Hilo App is also subject to the terms and policies of the applicable app store. As between Hilo and the applicable app store provider:

(a) These Terms are between you and Hilo only, and not with Apple or Google. Hilo, not the app store provider, is solely responsible for the Hilo App and its content.

(b) The app store provider has no obligation to furnish any maintenance or support services with respect to the Hilo App.

(c) The app store provider is not responsible for addressing any claims by you or any third party relating to the Hilo App, including product liability claims, any claim that the Hilo App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

(d) In the event of any third-party claim that the Hilo App or your use of it infringes that third party's intellectual property rights, Hilo, not the app store provider, is solely responsible for the investigation, defense, settlement, and discharge of such claim.

The following additional terms apply only to the Hilo App obtained through the Apple App Store, and you acknowledge and agree that:

(e) The license granted to you for the Hilo App is limited to a non-transferable license to use the Hilo App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Hilo App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

(f) In the event the Hilo App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Hilo App; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Hilo App.

(g) You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your license to the Hilo App, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

(i) The following applies to any Hilo App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Hilo only, and not with Google LLC (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Hilo, and not Google, is solely responsible for Hilo’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Hilo’s Google-Sourced Software.

12.3 Updates and Modifications

Hilo may deploy updates, patches, bug fixes, upgrades, or modifications to the Hilo App or Services for security, maintenance, compatibility, or performance purposes. Certain updates may be installed automatically. Features may not function properly unless you install the current version of the Hilo App.

12.4 Connectivity

Access to the Hilo App and Services requires a compatible mobile device and internet connection. You are solely responsible for obtaining and maintaining compatible hardware and connectivity. Hilo is not responsible for any data charges from your carrier.

12.5 Service Availability

The Services may be interrupted, suspended, or unavailable from time to time due to maintenance, updates, technical issues, or circumstances beyond Hilo's reasonable control. The Services are not intended to be relied upon for continuous or uninterrupted availability. To the fullest extent permitted by applicable law, Hilo is not liable for any interruption or unavailability of the Services.

13. PROHIBITED CONDUCT

You agree that you will not, and will not authorize, encourage, or facilitate any third party under your control or direction to:

use the Services or Products for any unlawful purpose or in violation of these Terms;
copy, modify, distribute, sell, sublicense, or create derivative works from any part of the Services or Hilo Materials;
use the Services or Products for resale, redistribution, or any commercial purpose without Hilo's prior written consent;
reverse engineer, decompile, or disassemble the Hilo App or any related software, except to the extent expressly permitted by applicable law;
use bots, scrapers, crawlers, or other automated tools to access the Services;
circumvent any authentication, access controls, or technical restrictions;
interfere with, disrupt, or damage the Services, related systems, or networks;
upload, transmit, introduce, or distribute any malware, viruses, worm, or other harmful materials or malicious code;
probe, scan, or exploit any vulnerability in the Services or Hilo's systems;
jailbreak, root, or otherwise circumvent the security or technical restrictions of any Product or of any device on which the Hilo App runs, or remove, disable, or interfere with any safety or security feature of the Products or Services;
use the Services to develop or assist any competing product;
collect personal data of other users without a lawful basis;
misrepresent any AI Output as professional, medical, or other regulated advice;
use any Product with third-party software or accessories in a manner prohibited by the IFU, or that impairs the safety or intended function of the Product; or
export or re-export the Services, Products, or related software in violation of applicable export control or sanctions laws.

14. HEALTH DISCLAIMERS AND PRECAUTIONS

14.1 Not Medical Advice; No Medical Relationship

THE HILO SERVICES ARE NOT MEDICAL ADVICE AND DO NOT CONSTITUTE THE PRACTICE OF MEDICINE OR ANY OTHER HEALTHCARE PROFESSION. HILO IS NOT A LICENSED HEALTHCARE PROVIDER. THE PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND SHOULD BE USED ONLY IN CONSULTATION WITH YOUR HEALTHCARE PROVIDER. ALL CONTENT AND OUTPUTS AVAILABLE THROUGH THE SERVICES ARE FOR GENERAL INFORMATIONAL AND WELLNESS PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. YOUR USE OF THE SERVICES, OR ANY COMMUNICATION WITH HILO THROUGH THE APP, SITE, OR CUSTOMER SUPPORT, DOES NOT CREATE A PROVIDER-PATIENT, OR OTHER HEALTHCARE RELATED PROFESSIONAL RELATIONSHIP.

14.2 Consult a Healthcare Provider

You should always consult a qualified healthcare provider before making any decisions about your health, beginning or modifying any diet or exercise program, or changing any medication or treatment plan. If you have a known medical condition or health concerns, consult your healthcare provider before using the Products or relying on any output from the Services. Information provided through the Services may be generalized and unsuitable for your specific health circumstances.

14.3 Emergency Disclaimer

THE HILO PRODUCTS AND SERVICES ARE NOT INTENDED FOR EMERGENCY USE. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, INCLUDING A CARDIAC EMERGENCY OR ANY OTHER LIFE-THREATENING SITUATION, DIAL 911, CONTACT YOUR LOCAL EMERGENCY SERVICES, OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY AND DO NOT RELY ON THE HILO PRODUCTS OR SERVICES.

14.4 Skin Compatibility

Some users may experience skin irritation, redness, itching, or allergic reactions from wearing a Hilo device. If you experience any such reaction, discontinue use immediately and consult a qualified healthcare professional before resuming use. Review the IFU included with your Product carefully before use, as it identifies contraindications; if you determine that you are contraindicated for use, do not use the Product and contact Hilo customer support. For detailed guidance on proper wear, care, and skin compatibility, please refer to the IFU and hilo.com/support.

14.5 Assumption of Risk & Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY USING THE PRODUCTS AND SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS AND LIABILITY ASSOCIATED WITH: (i) USE OF THE PRODUCTS AND SERVICES FOR HEALTH MONITORING OR OTHER PURPOSES; (ii) RELIANCE ON AI FEATURE OR OUTPUT, OR ANY OTHER DATA, MEASUREMENTS, TRENDS, ALERTS, OR RECOMMENDATIONS GENERATED BY THE PRODUCTS OR SERVICES WITHOUT INDEPENDENT MEDICAL CONSULTATION, INCLUDING THE RISK THAT ANY SUCH DATA, MEASUREMENT OR OUTPUT MAY BE INACCURATE, INCOMPLETE, DELAYED, OR UNAVAILABLE, MAY DIFFER FROM A CLINICAL OR OTHER MEASUREMENT, OR MAY FAIL TO DETECT OR REFLECT A CHANGE IN YOUR HEALTH CONDITION; (iii) ANY DECISION YOU MAKE, OR ANY DELAY OR FAILURE TO SEEK MEDICAL CARE, BASED ON THE PRODUCTS OR SERVICES; (iv) YOUR USE OF THE PRODUCTS OTHER THAN IN ACCORDANCE WITH THE INSTRUCTIONS FOR USE, INCLUDING USE DESPITE A CONTRAINDICATION OR FAILURE TO CALIBRATE AS DIRECTED, OR ANY FAILURE TO INSTALL ANY NECESSARY UPDATES OR COMPLY WITH ANY NOTICES OR OTHER INSTRUCTIONS; AND (v) ANY ADVERSE OUTCOME ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY CHOOSING TO USE THE PRODUCTS AND SERVICES AND THAT HEALTH MONITORING TECHNOLOGY HAS INHERENT LIMITATIONS AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

15. ARTIFICIAL INTELLIGENCE FEATURES

Hilo may make available AI Features, including features powered by third-party large language models or machine learning systems, that generate AI Output such as insights, trend summaries, recommendations, or coaching content. AI Features are based on evolving technology and may produce output that is inaccurate, incomplete, outdated, misleading, biased, or otherwise unsuitable for your circumstances. AI Output is provided for general informational purposes only and does not constitute medical or other professional advice. You are solely responsible for independently evaluating any AI Output before relying on it.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HILO DOES NOT WARRANT THAT ANY AI FEATURE OR AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE. AI FEATURES AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

You must not use AI Features to generate, submit, or distribute unlawful content, infringing material, misleading health or medical claims, discriminatory content, or content that violates the rights of any person.

The Services may incorporate third-party artificial intelligence systems, models, or APIs to generate AI Output. While Hilo takes reasonable steps to evaluate the quality and appropriateness of third-party AI systems used in connection with the Services, Hilo is not responsible for the underlying models or training data of those systems, and AI Output generated through third-party systems is subject to the same limitations and disclaimers applicable to AI Output generally under this Section.

16. USER CONTENT, SERVICE DATA, AND FEEDBACK

16.1 User Content License

By submitting User Content, you grant Hilo a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute such User Content in connection with operating, maintaining, improving, and promoting the Products and/or Services, including displaying reviews and ratings on the Site and in communications about the Products and/or Services, to the fullest extent permitted by applicable law.

16.2 Service Data License

By using the Products and Services, you grant Hilo a worldwide, non-exclusive, royalty-free license to process, analyze, and use Service Data for the purposes of operating, maintaining, and improving the Products and Services, conducting internal research and analytics, and generating anonymized or aggregated insights. The collection and use of any personal data within Service Data is governed by the Privacy Policy. Where applicable law requires separate consent for the collection, use, or sharing of health data within Service Data, Hilo will process such data only with that consent, and this Section does not itself constitute such consent. Where Hilo de-identifies, anonymizes, or aggregates Service Data, Hilo will maintain and use that data only in de-identified or aggregated form, will not attempt to re-identify it except as permitted by applicable law, and will contractually require any recipients of such data to comply with the same restrictions

16.3 Representations and Prohibited Content

You represent and warrant that: (i) you own or control all rights, licenses, consents, and permissions necessary to grant the licenses in this Section; (ii) your User Content does not infringe or violate any third-party rights; and (iii) your User Content complies with these Terms and all applicable law. You must not submit User Content that is unlawful, infringing, defamatory, abusive, fraudulent, obscene, or otherwise objectionable. Hilo may remove any User Content at any time, with or without notice, except where applicable law requires Hilo to provide you with notice or a statement of reasons.

16.4 Personal Data

To the extent any User Content or Service Data contains personal data, its collection and use is governed by the Privacy Policy and applicable data protection law, which control in the event of any conflict with these Terms.

16.5 Feedback

If you provide Hilo with ideas, suggestions, or feedback regarding the Products or Services (“Feedback”), you grant Hilo a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and incorporate the Feedback for any purpose without any obligation of compensation, attribution, or confidentiality to you.

17. INTELLECTUAL PROPERTY

17.1 Hilo Ownership

All intellectual property rights in and to the Services, Hilo App, Site, Products, software, firmware, content, design, trademarks, and other materials made available by or on behalf of Hilo (“Hilo Materials”) are and remain the exclusive property of Hilo or its licensors. Nothing in these Terms transfers any intellectual property rights to you except for the limited rights expressly granted.

17.2 Limited License to Use the Services

Subject to these Terms, Hilo grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services and Hilo Materials for their intended personal purpose. You may not copy, reproduce, modify, distribute, sell, assign, sublicense, or otherwise transfer any right in Hilo Materials, reverse engineer, or create derivative works from Hilo Materials except as expressly permitted by applicable law or by Hilo in writing.

17.3 Trademarks

"Hilo," the Hilo logo, and related marks are trademarks of Aktiia SA. You may not use them without Hilo's prior written consent. Third-party trademarks displayed through the Services remain the property of their respective owners.

17.4 Copyright Infringement Notices

Hilo respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Hilo of your infringement claim in accordance with the procedure set forth below.

Hilo will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Hilo’s Copyright Agent at legal@aktiia.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail at:

Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA.

To be effective, the notification must be in writing and contain the following information:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or applicable law; and
a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Hilo will send a copy of the counter-notice to the original complaining party informing them that Hilo may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Hilo or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Hilo has adopted a policy of terminating, in appropriate circumstances and at Hilo’s sole discretion, the accounts of users who are deemed to be repeat infringers. Hilo may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. PRIVACY AND DATA PROTECTION

Your use of the Services involves the processing of personal information. Hilo processes your personal information as described in our Privacy Policy. Please read the Privacy Policy carefully before using the Services. Hilo is not a “covered entity” or “business associate” under the Health Insurance Portability and Accountability Act (“HIPAA”), and information collected through the Products and Services is generally not “protected health information” subject to HIPAA, except where Hilo receives it under a separate arrangement with a healthcare provider or health plan. Where applicable law, including state consumer health data laws, requires separate consent for the collection, use, or sharing of health data, Hilo will obtain that consent through the mechanisms described in the Privacy Policy or presented in the Services, and your acceptance of these Terms does not itself constitute that consent.

19. SMS AND TEXT MESSAGE COMMUNICATIONS

19.1 Service and Transactional Messages

By creating an account or placing an Order and providing your mobile phone number, you consent to receive non-marketing, service-related text messages (SMS/MMS) from Hilo, including order confirmations, shipping notifications, account security alerts, and customer service communications.

19.2 Marketing Messages

Hilo will only send marketing or promotional text messages if you have specifically opted in through a separate, affirmative consent mechanism. Consent to marketing texts is not a condition of purchasing any Product or Service.

19.3 Opt-Out

You may opt out of marketing text messages at any time by replying STOP to any marketing message. For help, reply HELP or contact customer support. After opting out, you may receive one final confirmation message. Service-related messages necessary for your account and Orders will continue. If you change or deactivate your mobile phone number, you agree to promptly update your Hilo account information to ensure that messages are not sent to a person who acquires your former number.

19.4 Rates and Frequency

Standard message and data rates from your carrier may apply. Message frequency varies based on your interactions with Hilo. Hilo is not liable for delayed or undelivered messages.

19.5 Non-Sharing of SMS Data

Hilo does not sell, share, rent, or transfer your mobile phone number or SMS consent data to any third party for their own marketing purposes.

20. CHANGES TO TERMS, PRODUCTS, AND SERVICES

20.1 Changes to These Terms

Hilo may update these Terms at any time. For material changes, Hilo will provide notice by posting an updated version on the Site and sending an email to the address associated with your account, at least 30 days before the change takes effect. You should periodically review these Terms to remain informed of any revisions. Your continued use of the Services after the effective date of any change constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Services and cancel your Subscription before the effective date.

20.2 Changes to Products and Services

Hilo may modify, update, suspend, or discontinue Products and Services at any time, including to comply with applicable law, address security issues, or improve performance.

20.3 Material Adverse Changes to Paid Services

If a change to a paid Service has a material and more than minor adverse effect on your use of that Service, Hilo will provide advance notice. You may terminate the affected Subscription within 30 days of the change and receive a refund of any prepaid Fees for the unused Subscription Term, to the extent required by applicable law. No refund right arises where the change is required by law, necessary to address a security risk, or has only a minor impact.

21. SUSPENSION AND TERMINATION

21.1 Suspension by Hilo

Hilo may suspend, restrict, or deactivate your access to all or part of the Services if: (i) you breach these Terms or applicable law; (ii) you fail to pay applicable Fees; (iii) your use creates security, legal, or operational risks; (iv) Hilo is required to do so by law or court order; or (v) Hilo reasonably suspects fraud or unauthorized use. Where practicable, Hilo will provide prior notice of suspension.

21.2 Termination by Hilo

Hilo may terminate your access to the Services at its sole discretion. In the event of termination for cause (material breach, fraud, or non-payment), Hilo may terminate immediately. If Hilo terminates for convenience or discontinues a paid Service, Hilo will provide a prorated refund of any prepaid Fees for the unused portion of the Subscription Term, to the extent required by applicable law. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities.

21.3 Termination by You

You may close your account at any time by contacting Hilo customer support or through your account settings. Closing your account will result in cancellation of your Subscription as described in Section 10.

21.4 Effect of Termination

Upon termination: (i) all licenses and rights granted to you end immediately; (ii) you must cease using the Services and related software; (iii) your access to User Content, account features, and stored data may be restricted, subject to the Privacy Policy and applicable law. Termination does not affect any rights, obligations, or liabilities that accrued before the effective date.

21.5 Survival

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, dispute resolution, and any payment obligations you may have to Hilo.

22. LIMITED PRODUCT WARRANTY

22.1 Limited Warranty

For devices purchased in the US, Hilo warrants to the original purchaser that new Hilo Products are free from defects in materials and workmanship for one (1) year from the date of original purchase from Hilo or an Authorized Reseller (the “Limited Warranty”), with such one (1) year period referred to herein as the “Warranty Period.”

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

22.2 Warranty Remedy

If your Product fails to conform to this Limited Warranty during the Warranty Period, Hilo will, at its option: (i) repair the defective Product at no charge; (ii) replace it with a new or refurbished equivalent; or (iii) if repair and replacement are not reasonably practicable, issue a refund of the purchase price. These are your sole and exclusive remedies for breach of this Limited Warranty, except as required by applicable law.

22.3 Warranty Exclusions

To the extent permitted by applicable law, the Limited Warranty does not cover: (i) normal wear and tear, including scratches, dents, and cosmetic deterioration; (ii) consumable or wear components unless failure is due to a material or workmanship defect; (iii) damage caused by accident, misuse, abuse, neglect, improper storage, or liquid exposure, or by repair, modification, or disassembly of the Product; (iv) damage caused by use with third-party software, accessories, or services; or (v) Products with altered or removed serial numbers.

22.4 How to Make a Warranty Claim

To make a warranty claim, contact Hilo customer support during the Warranty Period with proof of purchase. You may contact Hilo customer support at us.hilo.com/pages/contact-us, by mail (Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA) or by email at support@hilo.com. Hilo may require you to return the defective Product. You may be responsible for return shipping, except where prohibited by applicable law. Any replacement Product is warranted for the remainder of the original Warranty Period or 90 days from the replacement date, whichever is longer. The Limited Warranty and Product support are only applicable in the U.S. to the extent Hilo's Products are or have been officially and actively commercialized.

22.5 Implied Warranties (US)

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

23. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 22, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS, SERVICES, HILO APP, SITE, AND ALL CONTENT AND AI OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT.

HILO DOES NOT WARRANT THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY DATA, ANALYTICS, MEASUREMENTS, ALERTS, OR RECOMMENDATIONS WILL BE ACCURATE OR VALIDATED FOR YOUR INDIVIDUAL CIRCUMSTANCES; OR (iv) ANY DEFECTS WILL BE CORRECTED.

The disclaimers in this Section apply only to the extent permitted by applicable law. Nothing in these Terms excludes, restricts, or modifies any mandatory statutory rights or guarantees you have as a consumer under the laws of your country, state, or jurisdiction of residence. Where applicable mandatory consumer law takes precedence over these disclaimers, such applicable law prevails.

24. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HILO, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, "HILO PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS, OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF THE HILO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HILO PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRODUCTS, OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNT PAID BY YOU TO HILO FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED U.S. DOLLARS ($100) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE. THE ABOVE LIMITATIONS DO NOT APPLY TO LIABILITY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY HILO'S NEGLIGENCE; OR (ii) FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HILO AND YOU.

THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS LIMITS HILO'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE MANDATORY CONSUMER PROTECTION LAWS OF YOUR JURISDICTION. WHERE APPLICABLE LAW PROHIBITS CERTAIN LIMITATIONS, THOSE LIMITATIONS DO NOT APPLY TO THE EXTENT PROHIBITED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND SERVICES.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION," "DISCLAIMER OF WARRANTIES," AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY OR ANY OTHER STATE, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

25. INDEMNIFICATION

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Hilo Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Services or Products in violation of these Terms; (ii) your User Content; (iii) your violation of any third-party rights, including intellectual property or privacy rights; (iv) your violation of any applicable law; or (v) your use of the Products or Services other than in accordance with the instructions for use or their intended, personal-monitoring use, including without limitation use despite a contraindication.

Hilo may assume control of the defense and settlement of any matter for which indemnification is sought. You agree to cooperate with Hilo's defense at Hilo's request. This indemnity does not apply to the extent a claim is caused by Hilo's own negligence or willful misconduct.

This indemnification obligation applies only to the extent it is not prohibited by applicable law. In jurisdictions where such obligations cannot be imposed, this Section does not apply.

26. AUTHORIZED RESELLERS AND THIRD PARTIES

26.1 Authorized Resellers

Hilo Products may be available through Authorized Resellers. If you purchase through an Authorized Reseller, that reseller's terms govern pricing, payment, shipping, and returns for your purchase. Hilo remains responsible for the quality and conformity of the Products themselves. Hilo is not responsible for the conduct or terms of Authorized Resellers.

26.2 Third-Party Products and Services

If you use third-party products, platforms, or services in connection with the Hilo Products or Services, you are responsible for complying with applicable third-party terms. Hilo is not responsible for third-party products or services or any loss arising from them, except as required by applicable law. Use of the Products other than as described in the IFU, including with incompatible third-party hardware or accessories, may impair safety. The Limited Warranty does not cover damage caused by such use, as described in the 'Warranty Exclusions' provision.

26.3 Third-Party Links and Integrations

The Services may contain links to or integrations with third-party websites, platforms, or services. Hilo has no control over and is not responsible for the content, availability, privacy practices, or terms of any third-party services. Your use of any third-party service is at your own risk and governed by that third party's applicable terms. The inclusion of any third-party service or integration does not constitute Hilo’s endorsement or recommendation of that third-party service.

27. EXPORT COMPLIANCE

Software available in connection with the Services and the transmission of applicable data, if any, is subject to United States export controls laws. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the applicable laws of your specific jurisdiction. No Hilo App may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing, or using the Hilo App or Services is at your sole risk.

28. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

28.1 Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Hilo, whether arising out of or relating to these Terms (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Hilo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

28.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND HILO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HILO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

28.3 Pre-Arbitration Dispute Resolution

Hilo is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@hilo.com or through our website: us.hilo.com/pages/contact-us. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Hilo should be sent to Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hilo and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Hilo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hilo or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hilo is entitled.

28.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Hilo and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Hilo agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

28.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Hilo or you under the AAA Rules, Hilo and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Hilo will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hilo will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

28.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

28.7 Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.

28.8 Future Changes to Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, Hilo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Hilo written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

For legal notices, including arbitration demands and formal correspondence, please contact us at legal@aktiia.com or Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA.

29. GENERAL PROVISIONS

29.1 Entire Agreement

These Terms and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Hilo with respect to the subject matter and supersede all prior and contemporaneous agreements and understandings.

29.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force, except as otherwise provided in the “Class Action and Representative Action Waiver” provision of the Dispute Resolution section, which governs the consequences of any finding that the class action waiver is unenforceable.

29.3 Waiver

No failure by Hilo to enforce any provision of these Terms constitutes a waiver of that or any other provision. Any waiver must be in writing.

29.4 Assignment

You may not assign or transfer these Terms or any rights or obligations without Hilo's prior written consent. Hilo may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent, provided the assignment does not materially adversely affect your rights.

29.5 No Agency or Partnership

Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship. You may not make any representation on behalf of or bind Hilo.

29.6 Force Majeure

Hilo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemic or pandemic, governmental action, network failures, supply chain disruptions, or labor disputes. If a force majeure event prevents Hilo from shipping Products within 30 days of an Order, you may cancel for a full refund.

29.7 Electronic Communications and E-Sign

By using the Services, you consent to receive electronic communications from Hilo. You agree that electronic communications from Hilo satisfy any legal requirement that such communications be in writing.

29.8 Language

These Terms are written in English. In the event of conflict between the English version and any translation, the English version controls, except where applicable law requires the local language version to prevail.

29.9 California Consumer Notice

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at Aktiia, Inc., 75 State Street, Ste 100, Boston, MA, 02109, USA.

29.10 Notices

Notices from Hilo to you will be provided by email to the address associated with your account, by in-app notification, or by posting on the Site, in each case as required by applicable law. Notices from you to Hilo must be sent to the contact details set out in Sections 2 and 30 and shall be deemed effective upon receipt. You are responsible for keeping your contact information current.

29.11 No Third-Party Beneficiaries

Except as expressly provided with respect to Apple in connection with your license to the Hilo App, and with respect to the Hilo Parties under the warranty disclaimer, limitation of liability, and indemnification provisions of these Terms, these Terms do not confer any rights on any third party, and there are no other intended third-party beneficiaries to these Terms.

29.12 U.S. Government Restricted Rights

The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Services (including the Hilo App) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including the Hilo App).

29.13 Governing Law

These Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.

29.14 Venue

With respect to any disputes or claims not subject to arbitration, as set forth above, you and Hilo submit to the personal and exclusive jurisdiction of the state and federal courts located within the Commonwealth of Massachusetts.

30. CONTACT INFORMATION

Hilo c/o Aktiia Inc, 75 State Street, Ste 100, Boston, MA, 02109, USA

Customer Support: support@hilo.com

Legal Notices: legal@aktiia.com

Whatsapp: +1 (555) 971-3663

For customer support and general inquiries, please visit us.hilo.com/pages/contact-us or contact us at support@hilo.com or +1 (555) 971-3663.

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