LYTE Terms of Service
These Terms of Service for the LYTE application (the “Terms”) are made between FitSloth Co., Ltd. (the “Company”), of the one part, and users of the LYTE application (the “Application”), including users whether or not they have registered as members of the Application (each, a “User”), of the other part, in order to explain and clarify to Users the terms and conditions applicable to the use of the services.
Scope of Application
These Terms apply to all stages and all types of services operated by the Company, unless otherwise specified for certain specific services of the Company. The User acknowledges that, in addition to these Terms, the Company may need to process the User’s personal data in order to provide the services to the User, and the Company has published a Privacy Policy separately from these Terms, which governs such processing of personal data.
Acceptance of the Terms
By registering for the services, the User shall be deemed to have agreed to comply with these Terms. If the User does not agree to comply with these Terms or any amended version thereof, the Company reserves the right to refuse to provide the services to such User. A User’s continued use of the LYTE services after any amendment to these Terms shall always be deemed acceptance of, and agreement to comply with, the latest version of the Terms.
1. The Company’s Services
1.1 Behavioral Guidance Services
The Company’s core service is the provision of information, guidance, personalized nutritional design and calculation, and advice on the User’s individual eating behavior, subject to the limitations specified in this clause. In providing health analysis services, the Company will base its analysis on two (2) main categories of data collected from the User, namely:
A. Data on eating behavior and daily lifestyle, collected from questionnaires completed by the User and from information provided by the User through the Application by way of messaging, typing, sending images or sending voice recordings, from which transcripts may be made of the information the User provides to LYTE, or by linking health data from the User’s wearable device via Apple Health or Google Health Connect. Please note that the Company has no duty to verify or confirm any of the information provided by the User to the Company.
B. Data from guidance provided by Advisors, which dietitians and/or physicians (collectively, the “Advisors”) may additionally record during consultations while providing guidance on behavior and dietary modification, based on behavioral information provided by the User during the consultation period, including notifications and follow-ups. The User may adjust or turn off each type of notification via the Application settings.
Service Limitations The behavioral guidance services provided through the Application are subject to the following limitations:
No guarantee of results. The Company cannot guarantee that the User will achieve the expected results or the goals set, even if the User strictly follows the guidance received from the Application and/or the Company’s Advisors, as the final outcome may depend on many factors beyond the Company’s control, such as each User’s physical condition and health, consistency and commitment in following the guidance, individual genetic and biological factors, and environmental and psychological factors.
No guarantee that the Company’s data analysis covers all factors. The User acknowledges and accepts that the Company’s services are intended only as a preliminary data analysis, based on testing of large groups of individuals with similar health and nutritional factors, and the Company cannot guarantee that each individual User will fall within the same risk trends or should make exactly the same behavioral changes. This is because, in addition to the factors relating to the data incorporated into the Application’s operating mechanisms, there are other individual factors that affect each person’s health differently, and the Company is unable to control or verify all such factors.
The Company’s right to modify or amend its reference methods. The User acknowledges that the information and guidance used by the Company in the operation of the Application are based on information currently available in medical and scientific research databases, which may change from time to time. Where there is new and/or changed information that the Company considers appropriate to apply to the services, the Company shall have the right, at its sole discretion, to update or amend the services insofar as they relate to the User’s data, on the condition that the User acknowledges and accepts such right of the Company and that such amendments form part of the services the Company will provide. To the maximum extent permitted by law, the User waives the right to complain about, or claim any damages arising from, the Company’s exercise of its discretion to amend such data analysis.
Information provided by the Company and guidance provided by dietitians are not a diagnosis and do not constitute medical advice. The User accepts and agrees that information provided by the Company and by dietitians does not constitute a diagnosis of any disease or health risk of the User (non-diagnostic test) and does not constitute professional medical advice. Accordingly, the User understands and accepts that the User must not use or rely on such test results of the Company for any other purpose not specified by the Company, and that, for actual treatment planning, the User must obtain a complete medical assessment from a physician or other qualified professional. The Company shall not be responsible where the User uses the information received from the Company for any other purpose.
Health scores and projected weight-change ranges are not a guarantee of results. The User acknowledges that the health scores, domain-specific assessment results, nutritional targets and weight-change ranges displayed by the Application are results calculated automatically by the system solely from the information provided by the User. They are not a medical diagnosis, nor a representation or promise that the results shown will be achieved, and they may change when the data or the models used for the calculation change.
User’s own responsibility for disclosure to third parties. The User must exercise discretion in disseminating and using the Company’s information in communications with third parties. The User acknowledges and understands that the Company gives no warranty, whether direct or indirect, in respect of any disclosure or use of information with such third parties, which shall be at the User’s own risk.
Notifications are not medical supervision. Notifications through the Application are merely a reminder tool and do not constitute symptom monitoring or medical supervision. The Company does not guarantee that notifications will be delivered to the User completely and on time in every case, as this depends on the User’s device settings and network. The User therefore remains responsible for following the care plan they have received.
1.2 Telemedicine Consultation Services
The Company provides telemedicine consultation services through the Application by physicians holding a license to practice medicine, who provide the services under the Company’s license and in accordance with the telemedicine service standards prescribed by law and by the relevant professional bodies. The User acknowledges and agrees that the scope of the telemedicine consultation services provided through the Application under these Terms is limited solely to health care and modification of eating behavior for the purposes of fat reduction and weight control. Such services cover the following: (a) history taking and assessment of nutritional status, eating behavior and daily lifestyle, including review of the information provided by the User under Clause 1.1, solely to support guidance on behavior modification, excluding medical examination and treatment and any information outside the Application; and (b) providing guidance, follow-up and adjustment of the eating behavior modification plan, including consideration of prescribing medicines or Products as specified in Clause 1.3 (if any), through communication via the channels designated by the Company in the Application, whether in the form of text, images, audio or video.
Service Limitations The telemedicine consultation services provided through the Application are subject to the following limitations:
Limited service. The telemedicine consultation services under this clause do not cover the diagnosis, treatment or consultation of any other disease or condition outside the above scope, including but not limited to medical emergencies, accidents, psychiatric conditions, chronic underlying diseases, pregnancy and breastfeeding, or any other complications. The Company and the Advisors shall have the right, at their sole discretion, to refuse, suspend or terminate the services and/or to recommend that the User obtain an assessment at a healthcare facility if they consider that the User’s symptoms or circumstances fall outside the scope of the services or are not suitable for service via telemedicine.
For the avoidance of doubt, this service is not an emergency medical service and does not replace treatment at a healthcare facility. The User understands and accepts that the User must not use the services under this clause in place of medical treatment in an emergency or in place of ongoing treatment the User is receiving from their treating physician, and that the User must not change, stop or reduce any medicine or treatment currently being received without first consulting their treating physician. In case of an emergency, the User must immediately contact emergency medical services or seek treatment at a healthcare facility.
Limitations of remote service. The Company does not guarantee the completeness of assessments conducted via telemedicine. The User acknowledges and accepts that the services under this clause are provided without a physical examination, laboratory tests or any other direct examination at a healthcare facility. Accordingly, the accuracy and appropriateness of the guidance depend on the accuracy, completeness and currency of the information provided by the User to the Company and the Advisors. The User agrees to be solely responsible for the accuracy of such information, agrees that the Company has no duty to verify or confirm such information, and further agrees that the Company shall not be liable for any damage arising from the User providing false or incomplete information or concealing material information.
System and communication channel disruptions. The User acknowledges that the services under this clause rely on the internet network and the User’s device, which may experience delays, disruptions or interruptions. To the maximum extent permitted by law, the Company shall not be liable for any damage arising from such disruptions, including damage arising from the User’s failure to follow the guidance, incomplete adherence to the guidance, or use of the guidance for purposes other than those specified by the Company. However, the limitation of liability under this clause shall not apply to damage arising from the willful misconduct or gross negligence of the Company or the Advisors.
1.3 Sale and Delivery of Medicines and Other Weight-Loss Products
In providing the services under Clause 1.2, the Advisors may, at their discretion, prescribe medicines and/or recommend, and arrange delivery of, products related to fat reduction and weight control (“Products”). Where prescription medicines are dispensed, this shall be carried out by the relevant licensed professionals under licenses issued pursuant to the law on drugs. In connection with such services, the User acknowledges and agrees that:
All Products belong to Partners, which may include manufacturers, pharmacies or distributors that are partners of the Company (“Partners”). The Company acts solely as a channel for coordinating, forwarding prescriptions and facilitating orders between the User and the Partners. The Company is not the manufacturer or seller of such Products, unless the Company expressly states otherwise.
Additional terms. The purchase and sale, payment, delivery, warranty, and exchange or return of Products shall be subject to the terms and conditions of the relevant Partner, which the User is responsible for reviewing and agreeing to directly with that Partner.
Service Limitations The sale and delivery of Products through the Application are subject to the following limitations:
No warranty for Partners’ Products. To the maximum extent permitted by law, the Company gives no warranty, whether express or implied, as to the quality, properties, efficacy, safety, origin, quantity, availability, delivery time or fitness for the User’s particular purpose of any Products manufactured, supplied or sold by the Partners. Liability for such Products shall rest with the relevant Partner as prescribed by law, and nothing in this clause affects the User’s right to bring claims directly against the Partner that manufactured or sold the Products.
No guarantee of results from use of Products. The User acknowledges and accepts that the prescription or recommendation of Products is only one part of a behavior-modification approach to fat reduction. The Company does not guarantee that the User will achieve the expected results, nor that each individual User will respond to the Products in the same way, since the response to Products depends on physical condition, genetics, behavior and other individual factors which the Company is unable to fully control or verify.
User’s duty to disclose information and use Products with care. Before receiving any Products, the User has a duty to fully disclose to the Advisors information on underlying diseases, history of drug or food allergies, medicines and dietary supplements currently being used, pregnancy or breastfeeding status, and any other material health information. The User must not share the use of Products with, or share, sell or pass on Products to, any other person. To the maximum extent permitted by law, the Company shall not be liable for any damage arising from the User’s concealment or incomplete disclosure of information, use of Products contrary to the guidance, label or package insert, or passing on of Products to any third party.
Adverse reactions. If the User experiences any abnormal symptoms or adverse reactions from using the Products, the User must stop using the Products immediately, seek assessment from a physician or healthcare facility without delay, and notify the Company as soon as possible via the channels designated by the Company, so that the Company and the Advisors can review the appropriateness of the services and report the adverse event to the marketing authorization holder and the relevant authorities as required by law. However, the limitation of liability under this clause shall not apply to damage arising from the willful misconduct or gross negligence of the Company or the Advisors.
2. Registration and User Eligibility
2.1 Age and legal capacity
The Company’s services are available only to persons aged twenty (20) years or older. The User represents that they have reached the required age and have the legal capacity to be bound by these Terms. If the Company finds that a User has provided a false age or is under the required age, the Company shall have the right to immediately suspend or close such User’s account.
2.2 Identity verification and personal use of accounts
Registration must be made using the User’s own mobile phone number and must pass identity verification in accordance with the methods prescribed by the Company. A User account is personal to the User. The User must not register for or use the services on behalf of any other person and must not allow any other person to use their account, since the information, guidance and prescription of Products under the services are personalized, and the use of an account by another person may be hazardous to health.
2.3 Duty to provide health information before and during the services
The User has a duty to provide complete and up-to-date material health information, including underlying diseases, history of drug or food allergies, medicines and dietary supplements currently being used, pregnancy or breastfeeding status and relevant treatment history, both before commencing the services and throughout the period of use, and must notify the Company or the Advisors without delay of any material change to such information. For the purposes of using the Company’s services, the User warrants that all information submitted is true and accurate in all respects, and the User has the right and the duty to keep all such information correct and up to date at all times. The User accepts and understands that the Company will rely on all information provided by the User and has no duty to verify such information.
3. Free Trial, Service Packages, Payment and Renewal
3.1 Free trial period
The Company may offer a free trial period for the duration and scope of functions announced by the Company in the Application. Upon expiry of the trial period, the User will not be able to use the functions reserved for package purchasers until a service package has been purchased. The trial period will not automatically convert into a paid package unless the User expressly indicates an intention to purchase a package.
3.2 Service packages and payment
The User may purchase service packages as offered by the Company in the Application. Before each payment, the Company will clearly display the terms of the package to the User. Payment shall be made through the payment service provider designated by the Company.
3.3 Automatic renewal
Where any package is subject to automatic renewal, the Company will expressly inform the User of such terms before the first payment and will send a reminder at least seven (7) days before each renewal date. The User may cancel automatic renewal at any time via the Application settings. Cancellation will take effect from the next renewal cycle, and the User will remain entitled to use the services until the end of the cycle already paid for.
3.4 Changes to prices and fees
The Company may change package prices or service fees by giving the User at least thirty (30) days’ prior notice via the contact channels provided by the User. Price changes shall not apply to any package already paid for by the User for the entire duration of that package.
3.5 Package cancellation, refunds and Credits
If the User wishes to cancel a package before its expiry, the Company will calculate the value of the unused services pro rata to the remaining period, less any discounts or benefits the User has already received from purchasing a long-term package, and will refund such amount to the User in the form of credits for use with the Company’s services (“Credits”), except where the cancellation results from the Company’s inability to provide the services, a material breach of these Terms by the Company, or any other case in which the law requires a cash refund, in which case the Company will refund the money via the channel through which the User made payment. Credits shall be valid for the period announced by the Company.
4. Booking, Rescheduling and Cancellation of Appointments
4.1 Booking and confirmation of appointments
The User may select an Advisor (dietitian or physician) and an appointment time slot through the Application. An appointment will be confirmed once the User has paid the deposit or the amount prescribed by the Company (which may include payment of part of the package fee) and the Company has received such payment in full.
4.2 Rescheduling and cancellation by the User
If the User reschedules or cancels an appointment at least three (3) hours before the appointment time, the User will receive a full refund of the deposit in the form of Credits for use in a subsequent appointment. If notice is given after that time, or if the User fails to attend the appointment without prior notice, the Company shall have the right to forfeit the deposit to compensate for the service time reserved for the User. However, if the rescheduling or cancellation is due to force majeure, a medical emergency or any other reasonable necessity for which the User provides reasonable evidence, the Company will consider refunding the deposit in the form of Credits as appropriate.
4.3 Cancellation by the Company or the Advisor
If an Advisor is unable to provide the service as scheduled for any reason, the User will receive a full refund of the deposit and may choose to receive it as Credits or as money via the channel through which payment was made, and the Company will give the User priority in booking a new appointment.
5. Use of the Services by the User
5.1 User account and password
The User must keep the username and password for the Company’s Application confidential and must not disclose them to anyone. The Company shall not be responsible for any damage whatsoever arising from the unauthorized use of the username or password by a third party. Should such a problem occur, the User must notify the Company immediately, and the Company will suspend transactions and/or use of the services as soon as the User has verified their identity in accordance with the procedures and methods prescribed by the Company. The User accepts that any transaction or use of the services made with the Company using the User’s username and password before the Company suspends transactions shall be binding on the User, and the User agrees to be fully responsible for all such transactions and use of the services.
5.2 Conditions of use
The User must comply with these Terms and/or any specific terms and conditions applicable to each service (if any). All such agreements, terms and conditions shall be deemed material obligations with which the User must comply, and if the Company finds that the User has failed to comply, the Company shall have the right to immediately suspend such User’s transactions or use of the services.
5.3 Prohibited conduct
The User agrees to use the Company’s services only for lawful purposes and in accordance with the service purposes specified in these Terms. In particular, the User is subject to the following prohibitions, including but not limited to:
A. using the services in a manner that is unlawful or contrary to public order or good morals and/or infringes the rights of others, or engaging in any unlawful activity or any activity that supports an unlawful act;
B. forging or impersonating, or taking any action that represents to third parties that the User is a person other than themselves, for any purpose whatsoever;
C. taking any action that would infringe the intellectual property rights or any other rights of the Company or of others;
D. disassembling, decompiling, reverse engineering or attempting to access any other components of the Company’s services (including but not limited to the models for calculating health scores and nutritional targets and the Application’s data-processing mechanisms), in whole or in part, and/or using the services for any other purpose, including but not limited to renting, leasing, licensing, sublicensing, distributing or providing the services, in whole or in part, to any other person;
E. printing, downloading, reproducing, transmitting, publishing or using any information that may identify any other User, for any reason whatsoever, unless written consent has been obtained from the data subject;
F. using the Company’s services in any other manner that may cause damage to the Company, whether directly or indirectly, including but not limited to providing false or untrue information in bad faith in order to test the system or to wrongfully obtain medicines or Products.
6. Protection of Intellectual Property
6.1 All content displayed as part of the services and/or the Company’s Application, including but not limited to information, text, graphics, images, layouts, designs, articles, logos, the languages used to create the homepage, HTML content, other elements displayed in the Application, and the mechanisms and methods of the Company’s services, is the intellectual property of the Company. The Company reserves all rights to enforce all of its intellectual property rights, including but not limited to enforcement against any infringement of its rights or breach of the terms of use of its intellectual property by the User.
6.2 The User shall not, and shall not cause any third party to, infringe the Company’s intellectual property rights by copying, reproducing, transmitting, publishing, distributing, disseminating, storing (in any form or by any means), modifying, selling or transferring, offering for sale or transfer, or exploiting in any manner whatsoever the Company’s intellectual property, in whole or in part.
7. Limitation of the Company’s Liability
7.1 To the maximum extent permitted by applicable law, the Company and its affiliates, officers, directors, employees and agents shall not be liable for any damages claimed by the User other than direct damages arising from willful misconduct or gross negligence on the part of the Company, and shall not be liable for any indirect or other consequential damages. The Company’s liability in providing services through this Application shall be limited to the amount of service fees received by the Company from the User, whether directly or indirectly.
7.2 The Company’s Application services are provided on an “as is” basis only. Accordingly, to the maximum extent permitted by law, the Company disclaims all representations and warranties, and disclaims all liability in any case whatsoever, arising in connection with the provision of the Company’s Application services, other than the warranties or undertakings expressly set out in these Terms. In particular, the Company does not warrant that its services through the Application will meet the User’s requirements and expectations in every respect, nor that all features and functions of the Application will fulfil the particular intended purposes of every User.
7.3 The User agrees and accepts that the Company shall not be responsible for any error, defect or disruption in the use of the Application resulting from the User’s use of the Company’s services in a manner inconsistent with the terms prescribed by the Company, or from force majeure or any other cause beyond the Company’s control.
8. Miscellaneous
8.1 Termination by the User
The User may cancel the services and close their user account at any time, without giving any reason, via the channels designated by the Company in the Application. The User’s remaining Credits will remain valid for the validity period prescribed by the Company, except where the Company terminates the services due to the User’s material breach of these Terms.
8.2 Termination by the Company
The Company may terminate its service relationship with the User in the following cases: (1) the User breaches these Terms of Service; (2) the Company is subject to a legal requirement to terminate the services; or (3) the Company considers that the provision of services under these Terms is not commercially or technically feasible and intends to discontinue all of its services, for whatever reason. In the case of termination in accordance with this clause, the User waives the right to claim any damages from the Company.
8.3 Assignment
The User shall not assign their rights and obligations under these Terms of Service to any third party under any circumstances, whereas the Company shall have the absolute right, at its sole discretion, to assign its rights and obligations under these Terms of Service to any third party.
8.4 Governing law and disputes
These Terms shall be governed by and construed in accordance with the laws of Thailand, and any dispute arising in connection herewith may be resolved by the courts of Thailand.
8.5 Amendments
The Company shall have the sole right to add to or amend the provisions of these Terms by announcement through the Application. However, where such changes materially affect the rights or obligations of the User, including changes to service fees or other costs to be borne by the User, the Company will notify the User at least thirty (30) days in advance via the contact channels provided by the User.
8.6 Severability
Each provision of these Terms is severable. If any provision or part thereof is or becomes unlawful, void or unenforceable, the remaining provisions and the other terms and conditions shall remain in full force and effect and enforceable.
8.7 Company’s reserved rights
The Company shall have the right to use information submitted by the User for the use of the Application for the purposes of studying, analyzing, developing, improving, changing, adapting and amending the Company’s nutritional knowledge and services, free of charge and on a worldwide basis, provided that the Company shall do so only with data that has been anonymized so that no individual can be identified, and the Company shall not attempt, or permit any person to attempt, to re-identify any individual from such data. Any use of data for research, the generation of real-world evidence (RWE), or reporting to sponsors or third parties in a form in which individuals can still be identified will be undertaken by the Company only with the User’s explicit consent on a case-by-case basis, as set out in the Privacy Policy. All works developed, improved, changed, adapted or amended by the Company from the use of such information shall constitute the rights, ownership and intellectual property of the Company.
8.8 Contact
The User may make inquiries, report problems or lodge complaints regarding the services with FitSloth Co., Ltd., 1114 Soi Sukhumvit 101/1, Bang Chak Subdistrict, Phra Khanong District, Bangkok 10260, or by email at communication.fitsloth@fitsloth.co.th. The Company will acknowledge receipt and provide a preliminary response within seven (7) days and will complete its handling of the matter within thirty (30) days from the date of receipt, except in complex cases, in which event the Company will inform the User of the reasons and the expected timeframe for completion. Complaints or requests to exercise rights relating to personal data shall be submitted via the channels specified in the Privacy Policy.