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Terms of Service (Hite)

Effective Date: October 14, 2026
Contact: support@usehite.com

These Terms of Service ("Terms") are an agreement between you and Novaire Capital Corporation ("Hite," "we," "us," or "our") and govern your access to and use of the Hite mobile application and related services (collectively, the "Service"). Our Privacy Policy, Data Privacy Policy, and Refund Policy form part of these Terms. Our Delete Your Data page explains how to exercise deletion choices. These supplements explain the same Service; they do not limit non-waivable consumer or privacy rights. By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 13). THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT. PLEASE READ THEM CAREFULLY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 13F. NOTHING IN THESE TERMS LIMITS ANY NON-WAIVABLE RIGHTS YOU HAVE UNDER APPLICABLE CONSUMER PROTECTION LAW.

1. Eligibility and Accounts

1.1 Age

You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf, supervises your use of the Service, and accepts responsibility for it. We do not permit use of the Service by anyone under 13, and if we learn that a user is under 13 we will terminate the account and delete the associated data. The Service also supports Apple's age-rating, age-assurance, and parental-control features; your use must be consistent with them.

1.2 Account Registration and Security

You may need an account to access certain features. You agree to provide accurate information and keep it updated. You are responsible for all activity under your account. Keep your credentials confidential and notify us immediately at support@usehite.com if you suspect unauthorized access.

2. Health & Wellness Disclaimer (Important)

HITE IS A HABIT-TRACKING AND EDUCATIONAL TOOL — NOT A MEDICAL SERVICE, MEDICAL DEVICE, OR SOURCE OF MEDICAL ADVICE. It is not intended to diagnose, treat, cure, or prevent any disease, condition, or growth disorder.

  • Height predictions are estimates only. They are generated by statistical and mathematical models (such as the Khamis-Roche method) from the values you enter. They are not clinical assessments, and actual outcomes depend on genetics, health, nutrition, and many factors outside the Service. Hite does not promise, guarantee, or warrant that you will grow taller, reach any predicted height, or achieve any other physical outcome from using the Service.
  • AI content may be wrong. Responses from the in-app AI coach ("Hite Bot"), food-scanner results, insights, and other AI-generated content are general educational information, may be inaccurate or incomplete, and are not medical, dietary, or professional advice. Nutrition estimates are approximate and must not be relied on to manage allergies, diabetes, eating disorders, or any condition that depends on precise intake.
  • Exercise at your own risk. The daily workouts and posture exercises are general wellness content. Stop immediately if you feel pain, and consult a qualified professional before starting any exercise program, especially if you have injuries or medical conditions. You are solely responsible for performing exercises safely.
  • No professional relationship. Your use of the Service does not create a doctor–patient, dietitian–client, or any other professional relationship between you and Hite or its personnel.
  • You are responsible for your decisions. Any decision you make about your diet, sleep, exercise, supplements, or health based on information from the Service is made at your own risk. Always seek the advice of a qualified healthcare professional for medical questions, growth concerns, dietary needs, allergies, injuries, or conditions — and if you are under 18, involve your parent or guardian in those decisions.

Not for emergencies. If you are experiencing a medical emergency, stop using the Service and contact emergency services immediately.

3. The Service and Your Content

3.1 Your Inputs

You may enter profile information and logs (e.g., birthdate, gender, height, weight, parent heights, sleep, meals, exercise). You are responsible for the accuracy of what you submit; predictions and insights are only as reliable as the values you provide.

3.2 Photos

If you upload images (meal photos for the food scanner, an optional avatar photo, or any other photo a feature requests), you represent that you have the right to upload them and that they do not violate these Terms or any law. AI may be used to process images (for example, to identify foods and estimate portions), and AI output may be inaccurate.

3.3 AI Coach (Hite Bot) and AI Features

The Service includes an in-app AI coach and other AI-powered features. Your inputs (and, for the coach, a snapshot of your in-app growth profile) are sent to a third-party AI provider — routed via OpenRouter to model providers such as OpenAI — to generate results. You are responsible for the content you submit. AI use requires the in-app AI data consent, which you may withdraw in Settings (AI features will stop working). All AI output is subject to Section 2.

3.4 License to Operate the Service

You retain ownership of your content. You grant Hite a limited, worldwide, non-exclusive license to host, process, and use your content solely as necessary to provide, secure, and improve the Service (e.g., to calculate scores, sync your data, and generate insights).

4. Acceptable Use

You agree not to: use the Service for unlawful purposes; attempt to access another user's data; reverse engineer, tamper with, or interfere with the Service, its security features, or rate limits; upload malicious code, scrape endpoints, or abuse AI features; harass, threaten, or impersonate others; misuse referral codes or promotions (including self-referrals or automated redemption); or use the Service in a way that could cause harm or injury (e.g., unsafe exercise). We may suspend or terminate accounts that violate these Terms and may revoke referral rewards obtained through abuse.

5. Subscriptions, Billing, and Trials

Some or all features require a paid subscription ("Hite Premium"), available on the terms and prices shown in the app.

  • Billing through Apple. Purchases are processed by Apple through the App Store and charged to your Apple ID. Renewals, cancellations, and refunds are handled exclusively by Apple according to its terms; Hite does not itself issue refunds. Manage or cancel in your App Store account settings at least 24 hours before the end of the current period; otherwise the subscription renews automatically.
  • Trials and promotions. If a free trial or promotional price is offered, its conditions are shown at purchase; after a trial ends you will be charged unless you cancel before it ends.
  • Purchase before account creation. You may purchase before creating an account. The purchase is tied to your Apple ID at that moment; creating an account afterwards links the existing purchase and does not charge you again. You can restore it anytime with "Restore Purchases" using the same Apple ID. Deleting your account does not cancel an active subscription — cancel it separately through your Apple ID.

6. Intellectual Property

The Service — including its design, text, graphics, logos, software, algorithms, and models — is owned by Hite or its licensors and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, or create derivative works from the Service except as permitted by law or with our written permission.

7. Third-Party Services

The Service relies on third-party services: Supabase (database, authentication, storage, server functions), OpenRouter / OpenAI (AI processing for the food scanner, insights, recommendations, and Hite Bot), RevenueCat (subscription management), Sentry (crash and error reporting), PostHog (product analytics), Singular and Apple's SKAdNetwork (install and marketing attribution), a public nutrition database (such as USDA FoodData Central), Apple (App Store, Sign in with Apple), and Google (Sign in with Google, if you choose it). Your use of those services may be governed by their own terms and policies, and we are not responsible for third-party services outside our control.

8. Termination

We may suspend, restrict, or terminate your access to the Service at any time, with or without notice, with or without cause, at our sole discretion — including if you violate these Terms, your use creates risk or potential legal exposure for us, we are required to by law, or the Service is discontinued. We will have no liability to you or any third party for any suspension, restriction, or termination, or for any resulting loss of data, except where prohibited by applicable law. You may stop using the Service at any time and may delete your account in Settings. Sections 2, 3.4, and 6 through 15 survive termination.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS OR BUGS WILL BE CORRECTED; (b) ANY DATA YOU STORE IN THE SERVICE WILL NOT BE LOST, CORRUPTED, OR ALTERED — YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN RECORDS OF ANY INFORMATION YOU CONSIDER IMPORTANT; (c) ANY PREDICTION, SCORE, INSIGHT, AI RESPONSE, OR NUTRITION ESTIMATE WILL BE ACCURATE, COMPLETE, OR ACHIEVE ANY PARTICULAR OUTCOME (INCLUDING ANY CHANGE IN HEIGHT); OR (d) ANY THIRD-PARTY SERVICE THE SERVICE DEPENDS ON WILL BE AVAILABLE OR ERROR-FREE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA (INCLUDING LOSS, CORRUPTION, OR UNAUTHORIZED ACCESS OF DATA), SERVICE INTERRUPTION, DEVICE DAMAGE, COST OF SUBSTITUTE SERVICES, BODILY INJURY, OR HEALTH OUTCOMES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE — INCLUDING ANY PREDICTION, AI OUTPUT, EXERCISE, NUTRITION ESTIMATE, BUG, ERROR, INTERRUPTION, DELETION, DEFECT, DELAY, SECURITY INCIDENT, OR FAILURE OF ANY THIRD-PARTY SERVICE — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID TO HITE (IF ANY) FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) FIFTY U.S. DOLLARS (US $50).

THESE EXCLUSIONS AND LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND HITE AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hite and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your content, including any claim that content you submitted is defamatory, infringing, unlawful, or harmful; (c) your violation of these Terms or applicable law; or (d) your violation of any rights of a third party. We reserve the right, at your expense, to assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with our defense. If you are a minor, your parent or guardian accepts these obligations on your behalf.

12. Governing Law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer in a jurisdiction whose law grants you non-waivable rights or protections (including under the Ontario Consumer Protection Act, the Quebec Consumer Protection Act, or similar laws), nothing in these Terms deprives you of those rights.

13. Dispute Resolution; Arbitration; Class Action Waiver

13A. Informal Resolution First

Before filing any claim, you and Hite each agree to first try to resolve the dispute informally. Send a written notice describing the dispute to support@usehite.com. If the dispute is not resolved within sixty (60) days, either party may commence arbitration as set out below.

13B. Binding Arbitration

Except as provided in Sections 13D and 13E, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules in effect at the time. The arbitration will be conducted by a single arbitrator, in English, seated in Toronto, Ontario, and may proceed by videoconference, telephone, or written submissions unless the parties agree otherwise. Judgment on the award may be entered in any court of competent jurisdiction. If twenty-five (25) or more similar demands are filed by the same or coordinated counsel, the parties agree the demands shall be resolved in staged batches, and applicable limitation periods are tolled while a demand awaits its batch.

13C. Class Action and Jury Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HITE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. All claims must be brought in the parties' individual capacity only. If a court finds this waiver unenforceable as to a particular claim, the arbitration agreement in Section 13B shall not apply to that claim, which shall proceed in court under Section 13G — but this waiver remains enforceable as to all other claims.

13D. Consumer Rights Carve-Out

Sections 13B and 13C do not apply to the extent applicable consumer protection law makes them unenforceable against you — including claims under the Ontario Consumer Protection Act or the Quebec Consumer Protection Act, which may entitle you to bring such claims in court (including through a class proceeding) notwithstanding these Terms.

13E. Exceptions

Either party may (a) bring an individual claim in small claims court (including the Ontario Small Claims Court) if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or prevent abuse of the Service.

13F. Your Right to Opt Out

You may opt out of Sections 13B and 13C by emailing support@usehite.com within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and the name and email associated with your account. Opting out does not affect any other provision.

13G. Venue for Non-Arbitrable Disputes

For any dispute not subject to arbitration, you and Hite consent to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada, unless applicable law requires otherwise.

13H. Time Limit on Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, it is permanently barred. This limit does not apply where a longer, non-waivable limitation period is mandated by applicable law.

14. Apple App Store Terms

These Terms are between you and Hite only — not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content and has no obligation to furnish maintenance or support. If the Service fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for any claims by you or a third party relating to the Service, including product liability, regulatory, consumer protection, or intellectual property claims. Your use of the Service must comply with the Apple Media Services Terms and Conditions. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.

15. General Provisions

  • Severability. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary (or severed), and the remaining provisions remain in full force.
  • Entire agreement. These Terms and the Privacy Policy form the entire agreement between you and Hite regarding the Service and supersede prior agreements on that subject.
  • No waiver. Failure to enforce a provision is not a waiver. Any waiver must be in writing.
  • Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
  • Force majeure. Hite is not liable for delay or failure to perform due to causes beyond its reasonable control, including natural disasters, war, labor disputes, internet or infrastructure failures, or failures of third-party services.

16. Changes to These Terms

We may modify these Terms from time to time. If changes are material, we will provide notice through the Service or on our website (https://usehite.com/terms) and update the Effective Date above. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree, stop using the Service.

17. Contact

Novaire Capital Corporation — support@usehite.com

18. Website and Support

Our website describes Hite and links to its App Store listing. It does not provide a web version of the app, process subscription payments, or offer medical consultations. Example screens illustrate the product; their measurements, projections and logged values are not promises of your results. Selected App Store reviews are individual opinions. Any published rating identifies its storefront and retrieval date.

For app assistance, contact support@usehite.com or visit Help & FAQ. Do not send passwords, authentication codes, payment-card details or unnecessary sensitive health information.