Terms of Use

TrueWellness.org
Effective Date: August 19, 2026

Welcome to True Wellness. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and True Wellness, Inc. ("True Wellness," "Company," "we," "us," or "our"), governing your access to and use of services provided by True Wellness, including the True Wellness website located at www.truewellness.org, and all True Wellness web and/or mobile applications, including all content, features, functionality, and services offered through such website or applications (collectively, the "Services"). True Wellness provides resources designed to help users build healthy habits, lifestyles, and connections in their communities. Please read these Terms carefully before creating an account or using our Services. These Terms contain important information about your legal rights, remedies, and obligations.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION (SECTION 15) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY CREATING AND ACCOUNT OR USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

1. Introduction and Acceptance of Terms

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICIES FOR OUR WEBSITE AND APPLICATION, WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. Our Privacy Policies can be found at https://truewellness.org/privacy-policy

We reserve the right to modify these Terms at any time in accordance with Section 17 below. Your continued use of the Services following any such modification constitutes your acceptance of the modified Terms.

2. Definitions

As used in these Terms, the following terms have the meanings set forth below:

(a) "Account" means the registered user account you create to access and use the Services.

(b) "Application" or "App" means a True Wellness web or mobile application, including all updates, upgrades, and modifications thereto.

(c) "Content" means all text, graphics, images, data, information, audio, video, and other materials made available through the Services by True Wellness, including educational materials, tracking tools, and wellness resources.

(d) "De-Identified Data" means data that has been processed such that it cannot reasonably be used to identify, relate to, describe, or be associated with a particular individual, in accordance with applicable de-identification standards.

(e) "Membership" means your paid subscription to access the Services, subject to the terms set forth in Section 5.

(f) "Membership Fee" means the recurring annual fee charged for access to the Services.

(g) "Services" means all services provided by True Wellness, including the True Wellness website located at www.truewellness.org, and all True Wellness web/mobile applications, including all content, features, functionality, and services offered through such website or applications.

(h) "User-Generated Content" or "UGC" means any content, materials, information, communications, or data that you create, upload, submit, post, or transmit through the Services.

3. Eligibility

3.1 Age Requirement. The Services are intended for use only by individuals who are at least eighteen (18) years of age. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years of age. If you are under the age of eighteen (18), you may not access or use the Services.

3.2 Capacity. By agreeing to these Terms, you represent and warrant that you have the legal capacity to enter into a binding agreement.

3.3 Prior Suspension. You may not use the Services if you have been previously suspended or removed from the Services by True Wellness.

3.4 Geographic Restrictions. The Services are intended for use only by residents of the United States. By accessing or using the Services, you represent and warrant that you are located in the United States. The Services may not be available or appropriate for use in other locations. True Wellness makes no representation that the Services are appropriate or available for use outside the United States.

3.5 Compliance with Laws. Your use of the Services must comply with all applicable federal, state, and local laws and regulations.

4. Account Registration and Security

4.1 Account Creation. You must create an Account to access and use certain Services. When creating your Account, you agree to provide true, accurate, current, and complete information as prompted by the registration process. You further agree to update such information as necessary to maintain its accuracy and completeness.

4.2 Account Credentials. You are responsible for maintaining the confidentiality of all Account credentials, including your username, password, biometric authentication settings, and any third-party single sign-on credentials used to access your Account (if any). You may not share your Account credentials with any other person or allow any other person to access your Account.

4.3 Account Responsibility. You are solely responsible for all activity that occurs under your Account, whether or not authorized by you. True Wellness is not responsible for verifying the identity of any person who accesses your Account using valid credentials. You agree to notify True Wellness immediately at the contact information provided in Section 25 if you believe your Account credentials have been lost, stolen, or compromised, or if you become aware of any unauthorized use of your Account or any other breach of security.

4.4 Account Security. True Wellness reserves the right to require you to change your password, disable or revoke any Account credentials, or take other steps to secure your Account at any time if we reasonably believe that your Account or credentials have been compromised or are being used in violation of these Terms. We may do so without prior notice to you and may investigate any perceived misuse of your Account.

4.5 One Account Per User. Each individual may maintain only one (1) Account. True Wellness reserves the right to suspend or terminate duplicate accounts.

4.6 Alternative Authentication Methods. True Wellness may permit you to access your Account using alternative authentication methods, including biometric identifiers (such as fingerprint recognition or facial recognition technology), third-party single sign-on (“SSO”) services (such as Sign in with Apple or Sign in with Google), or passwordless authentication methods (such as passkeys). If such methods are available, your use of them is subject to the terms of this Section 4.

4.7 Biometric Authentication. If you choose to enable biometric authentication (such as fingerprint recognition, facial recognition, or similar technology) to access the Services, you understand and acknowledge the following:

(a) You understand that if you enable biometric authentication, anyone who is able to obtain or replicate the relevant biometric identifier stored on your device may have access to your Account and may be able to use the Services as if they were you. True Wellness is not responsible for any unauthorized access to your Account resulting from the misuse of biometric-based authentication.

(b) You are solely responsible for controlling access to any device on which biometric authentication is enabled for the Services. If you share your device with others or allow others to register their biometric identifiers on your device, you assume all risk of unauthorized access to your Account.

(c) Biometric authentication is not stored by True Wellness, and is processed locally on your device using the device manufacturer’s technology (such as Apple’s Touch ID or Face ID, or similar Android features). You should review your device manufacturer’s privacy policies for information about how such biometric authentication data is collected, stored, and used.

4.8 Third-Party Single Sign-On Services. If you choose to access the Services using a third-party single sign-on (SSO) service or passwordless authentication method, you understand and acknowledge the following:

(a) IF YOU ACCESS THE SERVICES USING THIRD-PARTY SINGLE SIGN-ON SERVICES (SUCH AS SIGN IN WITH APPLE OR SIGN IN WITH GOOGLE) OR PASSWORDLESS AUTHENTICATION METHODS (SUCH AS PASSKEYS), YOU UNDERSTAND THAT THE SECURITY OF THOSE CREDENTIALS IS GOVERNED BY THE THIRD-PARTY PROVIDER’S TERMS AND SECURITY PRACTICES, NOT OURS. TRUE WELLNESS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM A COMPROMISE OF YOUR THIRD-PARTY AUTHENTICATION CREDENTIALS, INCLUDING ANY BREACH OR VULNERABILITY IN THE THIRD-PARTY PROVIDER’S SYSTEMS OR YOUR FAILURE TO SECURE YOUR THIRD-PARTY ACCOUNT.

(b) You are solely responsible for maintaining the security of any third-party accounts you use to access the Services, including enabling multi-factor authentication where available and using strong, unique passwords for such accounts.

(c) Your use of any third-party SSO service is subject to that provider’s terms of service and privacy policies. True Wellness is not responsible for the practices of any third-party SSO provider.

5. Membership, Fees, and Billing

5.1 Membership Required. Our website is public, but access to a True Wellness web or mobile application requires an active, paid Membership.

5.2 Annual Membership Fee and Auto-Renewal

(a) Membership fees are billed on an annual basis. Certain members may have access to the Services through their employers, professional affiliations, church, or other organizations, and as a result, a membership fee may not be payable directly to True Wellness by such members, or a reduced membership fee may apply. Unless a third party has already paid your membership fee in full, by subscribing to the Services, you authorize True Wellness to charge your designated payment method the applicable balance of your annual Membership Fee at the time of initial enrollment and on each annual renewal date thereafter.

(b) YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR SUCCESSIVE ONE-YEAR PERIODS UNLESS YOU CANCEL YOUR MEMBERSHIP PRIOR TO THE RENEWAL DATE IN ACCORDANCE WITH SECTION 5.4 BELOW. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT ANNUAL MEMBERSHIP FEE ON EACH RENEWAL DATE UNTIL YOU CANCEL, SUBJECT TO THE TERMS OF SECTION 5.4 BELOW.

(c) True Wellness reserves the right to change the Membership Fee at any time. If we increase the Membership Fee, we will provide you with at least thirty (30) days' prior written notice before your next renewal transaction. If, after such notice, you do not cancel your membership before your next renewal date, you will be charged the new Membership Fee.

5.3 Billing

(a) You agree to provide True Wellness with a valid payment method and to keep your payment information current and accurate. You authorize True Wellness to charge your payment method for all fees incurred in connection with your Membership.

(b) If your payment method is declined or payment is otherwise unsuccessful, True Wellness reserves the right to suspend or terminate your access to all applications until payment is successfully processed. You remain responsible for any uncollected amounts.

5.4 Cancellation

(a) You may cancel your Membership at any time by accessing your Account settings or by contacting True Wellness at the contact information provided in Section 25.

(b) Upon cancellation, you will continue to have access to the Services through the end of your then-current paid Membership period. No prorated refunds will be issued for any unused portion of your current Membership period.

5.5 Refund Policy

(a) All Membership Fees are non-refundable except as required by applicable law or expressly approved by True Wellness.

(b) True Wellness reserves the right to issue refunds or credits at its sole discretion. Refunds, if any, will be credited to your original payment method within a commercially reasonable time.

6. Description of Services

6.1 Overview. True Wellness provides resources designed to help users build healthy habits, lifestyles, and connections in their communities, organized around six “pillars” of health: a nutritional whole food diet, physical activity and movement, stress management, avoidance of risky substances, restorative sleep, and social connections.

6.2 Nature of Services. The Services are intended solely for general informational purposes. True Wellness does not provide clinical care, medical advice, diagnosis, or treatment. The Services are designed to support and encourage healthy living but are not a substitute for professional medical care.

6.3 Modifications to Services. True Wellness reserves the right to modify, suspend, or discontinue the Services or any part thereof at any time, with or without notice. True Wellness shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

6.4 Assumption of Risk for Physical Activity. YOU UNDERSTAND AND AGREE THAT PHYSICAL EXERCISE AND MOVEMENT INVOLVE INHERENT RISKS, INCLUDING BUT NOT LIMITED TO INJURY, ILLNESS, DISABILITY, OR DEATH. BY USING THE SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH ANY PHYSICAL ACTIVITY YOU UNDERTAKE IN CONNECTION WITH OR BASED ON INFORMATION, CONTENT, OR RESOURCES PROVIDED THROUGH THE SERVICES. YOU REPRESENT THAT YOU ARE IN ADEQUATE PHYSICAL CONDITION TO ENGAGE IN PHYSICAL ACTIVITY, OR THAT YOU HAVE OBTAINED CLEARANCE FROM A QUALIFIED HEALTHCARE PROVIDER BEFORE BEGINNING ANY EXERCISE PROGRAM. TRUE WELLNESS IS NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, OR OTHER HARM THAT MAY RESULT FROM YOUR PARTICIPATION IN ANY PHYSICAL ACTIVITY.

6.5 Use of AI Technology. The Services may leverage new and emerging technology, which may include technology powered by machine learning algorithms, large language model processing, or other artificial intelligence technologies, to provide personalized and timely functionality.

YOU UNDERSTAND THAT AI-POWERED FEATURES MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE CONTENT OR RECOMMENDATIONS. AI TECHNOLOGY IS CONSTANTLY EVOLVING AND MAY HAVE LIMITATIONS. YOU SHOULD NOT RELY SOLELY ON AI-GENERATED CONTENT OR RECOMMENDATIONS FOR ANY HEALTH, FITNESS, WELLNESS, OR MEDICAL DECISIONS. ALWAYS USE YOUR OWN JUDGMENT AND CONSULT WITH QUALIFIED PROFESSIONALS BEFORE MAKING DECISIONS THAT COULD AFFECT YOUR HEALTH OR SAFETY. TRUE WELLNESS DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT OR RECOMMENDATIONS.

7. No Medical Advice Disclaimer

IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.

7.1 No Medical Advice, Diagnosis, or Treatment. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND NONE OF THE SERVICES IS A MEDICAL DEVICE. TRUE WELLNESS IS NOT A LICENSED HEALTHCARE PROVIDER, MEDICAL PRACTICE, CLINIC, HOSPITAL, OR HEALTHCARE FACILITY. NOTHING CONTAINED IN THE SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE OR A SUBSTITUTE FOR CONSULTATION WITH A QUALIFIED HEALTHCARE PROFESSIONAL.

7.2 Consult a Healthcare Professional. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, TREATMENT, OR HEALTH CONCERN. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE ACCESSED THROUGH THE SERVICES.

7.3 No Guarantee of Results. TRUE WELLNESS DOES NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOMES, RESULTS, OR BENEFITS FROM YOUR USE OF THE SERVICES. INDIVIDUAL RESULTS MAY VARY. THE EFFECTIVENESS OF THE INFORMATIONAL CONTENT, TRACKING TOOLS, AND RESOURCES PROVIDED THROUGH THE SERVICES DEPENDS ON NUMEROUS FACTORS THAT ARE BEYOND THE CONTROL OF TRUE WELLNESS, INCLUDING BUT NOT LIMITED TO YOUR INDIVIDUAL HEALTH STATUS, ADHERENCE TO HEALTHY PRACTICES, GENETIC FACTORS, AND OTHER LIFESTYLE CHOICES.

7.4 Emergency Situations. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. DO NOT RELY ON THE SERVICES FOR EMERGENCY MEDICAL ASSISTANCE. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES.

7.5 No Provider-Patient Relationship. YOUR USE OF THE SERVICES DOES NOT CREATE A PHYSICIAN-PATIENT, THERAPIST-CLIENT, OR ANY OTHER HEALTHCARE PROVIDER-PATIENT RELATIONSHIP BETWEEN YOU AND TRUE WELLNESS OR ANY OF ITS EMPLOYEES, CONTRACTORS, OR AFFILIATES.

7.6 Regulatory Disclaimer. The Food and Drug Administration ("FDA") has not evaluated any statements or information provided through the Services. The Services are not intended to diagnose, treat, cure, or prevent any disease.

8. Privacy and Data Practices

8.1 Privacy Commitment. True Wellness is committed to protecting the privacy and confidentiality of your personal information. We maintain your data as confidential and have implemented comprehensive data protection practices.

8.2 Voluntary HIPAA Alignment

(a) True Wellness is not a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), so HIPAA does not technically apply to the Services.

(b) Nonetheless, True Wellness has voluntarily elected to implement administrative, physical and technical safeguards and other protections consistent with HIPAA requirements for the protection of user health and wellness information. This voluntary alignment with HIPAA reflects our dedication to data privacy and security for our users.

8.3 Confidentiality of User Data

(a) All personal information and health-related data you provide through the Services is maintained as confidential by True Wellness and its personnel, who are subject to strict confidentiality standards.

(b) True Wellness will not share, sell, rent, or otherwise disclose your personal information to any third party without your explicit, affirmative consent, except as set forth in Sections 8.4 and 8.5 below or as required by law.

8.4 Third-Party Research Studies

(a) True Wellness may, from time to time, invite you to communicate with third-party research organizations regarding research studies related to health, wellness, or related fields that are seeking participants. Your personal information will not be shared with third party research organizations without your consent. More information about individual research studies, and any related informed consent forms, will be provided by third party research organizations if you decide to communicate with them.

(c) Your decision whether to communicate with third party research organizations, whether to receive communications from third party research organizations, and whether to participate in any research study is voluntary and will not affect your access to or use of the Services.

8.5 De-Identified Data

(a) Notwithstanding any other provision of these Terms, True Wellness may use, disclose, and share De-Identified Data for any lawful purpose, including but not limited to research, analytics, product improvement, and publication of aggregate findings.

(b) De-Identified Data is data that has been processed in accordance with HIPAA’s de-identification standards such that it cannot reasonably be used to identify, relate to, describe, or be associated with any individual user.

8.6 Data Collection, Use, and Storage

(a) True Wellness collects, uses, and stores personal information as described in our Privacy Policies, which are incorporated herein by reference. You consent to the collection, use, and storage of your information as described in these Terms and our Privacy Policies.

(b) True Wellness employs commercially reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and True Wellness cannot guarantee absolute security.

(c) True Wellness retains your personal information for as long as your Account is active or as needed to provide you the Services, comply with legal obligations, resolve disputes, and enforce our agreements.

9. User-Generated Content and Messaging

9.1 User-Generated Content

The Services may allow you to create, upload, submit, post, share, or transmit content, including but not limited to text, messages, comments, wellness data, progress notes, goals, and other information (collectively, "User-Generated Content" or "UGC"). The Services may also allow you to communicate with other users through messaging features within the platform.

9.2 Ownership and License

(a) You retain ownership of any intellectual property rights that you hold in your UGC.

(b) By submitting UGC to the Services, you grant True Wellness a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, and display your UGC in connection with operating, providing, improving, and promoting the Services. This license continues even if you stop using the Services, but only to the extent necessary for True Wellness to continue operating and improving the Services.

(c) You represent and warrant that: (i) you own or have the necessary rights to submit your UGC and to grant the license set forth above; (ii) your UGC does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other rights of any third party; and (iii) your UGC complies with these Terms and all applicable laws.

9.3 Prohibited Content

You agree not to submit, post, or transmit any UGC that:

(a) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;

(b) Promotes self-harm, violence, discrimination, or hatred against any individual or group;

(d) Impersonates any person or entity or misrepresents your affiliation with any person or entity;

(e) Contains any viruses, malware, or other harmful computer code;

(f) Violates any applicable law, regulation, or third-party rights;

(g) Constitutes medical advice, diagnosis, or treatment recommendations;

(h) Contains personally identifiable information of another person without their consent; or

(i) Is otherwise inappropriate for the health and wellness community fostered by the Services, as determined by True Wellness in its sole discretion.

9.4 Moderation and Removal Rights

(a) True Wellness reserves the right, but is not obligated, to review, monitor, moderate, edit, or remove any UGC at any time and for any reason, without prior notice to you.

(b) True Wellness may, in its sole discretion, suspend or terminate your Account or restrict your ability to submit UGC if you violate this Section 9 or any other provision of these Terms.

9.5 Disclaimers Regarding UGC and User Communications

(a) True Wellness does not endorse, verify, or guarantee the accuracy, completeness, or reliability of any UGC submitted by users.

(b) True Wellness is not liable for any UGC or communications exchanged between users through the Services. You acknowledge that you may be exposed to UGC that is inaccurate, offensive, or otherwise objectionable, and you agree that True Wellness shall not be liable for any such content.

(c) Any reliance you place on UGC or communications from other users is at your own risk. You should independently verify any information obtained through UGC before acting upon it.

(d) True Wellness does not monitor or screen users for qualifications, credentials, or expertise. Communications from other users do not constitute professional advice of any kind.

10. Intellectual Property

10.1 True Wellness Intellectual Property. The Services and all Content, including but not limited to the text, graphics, images, logos, trademarks, service marks, trade names, button icons, audio, video, software, data compilations, page layouts, underlying code, and design elements (collectively, "True Wellness IP"), are the exclusive property of True Wellness or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited License to Users. Subject to your compliance with these Terms, True Wellness grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial purposes. This license does not include the right to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or True Wellness IP; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) download any portion of the Services or Content, except as expressly permitted; or (d) use the Services or Content for any purpose competitive with True Wellness.

10.3 Reservation of Rights. All rights not expressly granted to you in these Terms are reserved by True Wellness and its licensors. No implied licenses are granted under these Terms.

10.4 Feedback. If you provide True Wellness with any suggestions, ideas, improvements, or feedback regarding the Services ("Feedback"), you hereby assign to True Wellness all right, title, and interest in and to such Feedback, and True Wellness shall be free to use, disclose, reproduce, and otherwise exploit such Feedback without restriction or obligation to you.

11. Third-Party Links and Resources

11.1 Third-Party Content. The Services may contain links to third-party websites, applications, services, or resources ("Third-Party Resources") that are not owned or controlled by True Wellness. Such links are provided solely for your convenience and reference.

11.2 No Endorsement. The inclusion of any link to a Third-Party Resource does not imply endorsement, sponsorship, or recommendation by True Wellness of the Third-Party Resource or its content, products, or services. True Wellness does not control, and is not responsible for, the content, privacy practices, security, or availability of any Third-Party Resources.

11.3 User Responsibility. Your access to and use of any Third-Party Resources is at your own risk and subject to the terms and conditions and privacy policies of such third parties. True Wellness disclaims all liability arising from or related to your use of any Third-Party Resources.

11.4 No Liability. True Wellness shall not be liable for any loss or damage arising from your reliance on information, products, or services obtained through any Third-Party Resources.

12. Disclaimers of Warranties

12.1 AS-IS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 DISCLAIMER OF IMPLIED WARRANTIES. TRUE WELLNESS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRUE WELLNESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.3 NO WARRANTY REGARDING RESULTS. WITHOUT LIMITING THE FOREGOING, TRUE WELLNESS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES. TRUE WELLNESS DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT ANY PARTICULAR HEALTH OUTCOME OR RESULT WILL BE ACHIEVED THROUGH USE OF THE SERVICES.

12.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

13. Limitation of Liability

13.1 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE WELLNESS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUE WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES AND CANCEL YOUR MEMBERSHIP.

13.2 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TRUE WELLNESS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY YOU TO TRUE WELLNESS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.3 BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT TRUE WELLNESS HAS OFFERED THE SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE SAME REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TRUE WELLNESS, AND THAT THESE FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRUE WELLNESS. TRUE WELLNESS WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

13.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TRUE WELLNESS'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

14.1 Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless True Wellness and its affiliates, officers, directors, employees, agents, licensors, suppliers, and their respective successors and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

(a) Your access to or use of the Services;

(b) Your violation of any provision of these Terms;

(d) Your violation of any third-party right, including any intellectual property right, privacy right, or publicity right;

(e) Any UGC you submit, post, or transmit through the Services;

(f) Any physical injury, illness, disability, death, or property damage arising from your participation in any physical activity in connection with the Services; or

(g) Any misrepresentation made by you.

14.2 Procedure. True Wellness reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of True Wellness.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact True Wellness and make a good-faith effort to resolve any dispute informally. You may initiate the informal dispute resolution process by sending a written description of your claim to the contact information provided in Section 25. The parties shall attempt to resolve the dispute informally for at least thirty (30) days from the date of receipt of the written notice before initiating arbitration.

15.2 Binding Arbitration

(a) Agreement to Arbitrate. Except as expressly provided in this Section 15, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between you and True Wellness (collectively, "Disputes") shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this arbitration agreement.

(b) Arbitration Administration. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this Section 15. The AAA Rules are available at www.adr.org.

(c) Arbitration Procedures. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules. The arbitration shall take place in Dane County, Wisconsin, unless the parties mutually agree to a different location or to conduct the arbitration by telephone or videoconference. The arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

(d) Arbitrator's Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including the scope and enforceability of this arbitration agreement. The arbitrator may grant any remedy that would be available in a court of competent jurisdiction, provided that the arbitrator's authority is limited to Disputes between you and True Wellness individually.

(e) Arbitration Fees. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Rules. If your claim does not exceed $10,000, True Wellness will pay all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds that the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

(f) Arbitration Award. The arbitrator's decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND TRUE WELLNESS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION AGREEMENT SHALL BE NULL AND VOID.

15.4 Jury Trial Waiver

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TRUE WELLNESS EACH WAIVE ANY RIGHT TO A JURY TRIAL.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations. Additionally, either party may bring an individual action in small claims court for Disputes within the jurisdiction of such court.

16. Governing Law and Venue

16.1 Governing Law. These Terms and any Dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles, except to the extent preempted by the Federal Arbitration Act.

16.2 Venue. For any Dispute not subject to arbitration, or where the arbitration agreement is found unenforceable, you agree to submit to the exclusive jurisdiction of the federal and state courts located in Dane County, Wisconsin. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Modifications to Terms

17.1 Right to Modify. True Wellness reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time.

17.2 Notice of Material Changes. If we make material changes to these Terms, we will notify you by posting the revised Terms on the Services and updating the "Effective Date" at the top of these Terms. For material changes, we will also provide notice through the email address associated with your Account or through a prominent notice within the Services at least thirty (30) days prior to the effective date of such changes.

17.3 Acceptance of Modified Terms. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services and cancel your Membership.

18. Termination and Suspension

18.1 Termination by You. You may terminate your Account and these Terms at any time by canceling your Membership in accordance with Section 5.4 and ceasing all use of the Services.

18.2 Termination or Suspension by True Wellness. True Wellness may, in its sole discretion and without prior notice or liability, suspend or terminate your Account and access to the Services, in whole or in part, for any reason, including but not limited to: (a) your breach of any provision of these Terms; (b) your engagement in fraudulent, abusive, or unlawful activity; (c) your failure to pay any fees when due; or (d) as required by law.

18.3 Effects of Termination. Upon termination of your Account: (a) your right to access and use the Services shall immediately cease; (b) True Wellness may delete or archive your Account information and UGC; (c) you will not be entitled to any refund of Membership Fees, except as provided in Section 5.5; and (d) all provisions of these Terms that by their nature should survive termination shall survive in accordance with Section 24.5.

18.4 No Liability for Termination. True Wellness shall not be liable to you or any third party for any termination or suspension of your Account or access to the Services.

19. Electronic Communications Consent

19.1 Consent. By creating an Account and using the Services, you consent to receive electronic communications from True Wellness, including but not limited to emails, push notifications, and in-app messages, regarding the Services, your Account, billing matters, and other matters related to these Terms.

19.2 Legal Equivalence. You agree that all agreements, notices, disclosures, and other communications that True Wellness provides to you electronically satisfy any legal requirement that such communications be in writing.

19.3 Opt-Out. You may opt out of receiving non-essential promotional communications by following the unsubscribe instructions in such communications or by adjusting your Account notification settings. You may not opt out of receiving transactional or administrative communications related to your Account or the Services.

20. Force Majeure

True Wellness shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or orders, war, terrorism, civil disturbance, fire, flood, earthquake, power failure, internet or telecommunications failure, equipment failure, labor disputes, supplier failures, or any other cause beyond the reasonable control of True Wellness. In the event of any such delay or failure, True Wellness's obligations under these Terms shall be suspended for the duration of such event.

21. Export Laws

You agree that you will not directly or indirectly export or re-export the Services and/or other information or materials provided by us under these Terms, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.

22. Digital Millennium Copyright Act (DMCA)

22.1 Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe on a copyright, the copyright holder (or their authorized agent) may send us a written notice requesting that we remove such material or block access to it.

22.2 Counter-Notices. If a copyright holder believes in good faith that someone has wrongly submitted a notice of copyright infringement to us involving content that they made available through the Services, the DMCA permits that copyright holder to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

22.3 Designated Agent. Notices and counter-notices must be sent in writing by mail to True Wellness, LLC, Attn: DMCA Agent, Lori Zahrbock, Community Programs Director, 130 S Barstow St Ste 1C, Eau Claire, WI, 54701. Notices or counter-notices may also be sent via email to support@truewellness.org. Please be aware that individuals who submit notices or counter-notices who make material misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including court costs and attorneys’ fees.

22.4 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, True Wellness has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. True Wellness 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.

23. Account and Data Deletion

23.1 Right to Request Deletion. You may request deletion of your Account and associated personal data at any time by contacting us at the contact information provided in Section 25 or through the Account settings in the Services, if available.

23.2 Deletion Process. Upon receiving your request, we will delete or anonymize your personal data within a reasonable time, except to the extent we are required to retain certain information by law, for legitimate business purposes, or to complete any pending transactions. Please note that some information may persist in backup copies for a reasonable period of time and that we may retain certain information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

23.3 Effects of Deletion. Deletion of your Account will result in permanent loss of access to your Account and any associated data, including your UGC. This action cannot be undone. If you wish to use the Services again after Account deletion, you will need to create a new Account.

24. General Provisions

24.1 Entire Agreement. These Terms, together with the Privacy Policies and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and True Wellness concerning the Services and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between the parties regarding the subject matter hereof.

24.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

24.3 Assignment. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of True Wellness. True Wellness may freely assign, transfer, or sublicense its rights and obligations under these Terms without restriction. Any attempted assignment in violation of this Section shall be null and void.

24.4 No Waiver. The failure of True Wellness to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

24.5 Survival. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Sections 7 (No Medical Advice Disclaimer), 9.2 (Ownership and License), 10 (Intellectual Property), 12 (Disclaimers of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Dispute Resolution), 16 (Governing Law and Venue), and this Section 24 (General Provisions).

24.6 Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

24.7 Relationship of the Parties. Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and True Wellness. Neither party has the authority to bind the other or incur obligations on the other's behalf.

24.8 Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights. No person or entity other than the parties hereto shall have any rights under these Terms.

24.9 Notices. All notices required or permitted under these Terms shall be in writing and shall be deemed delivered when sent by email to the email address associated with your Account (for notices to you) or to the contact information in Section 25 (for notices to True Wellness).

Contact Information

If you have any questions, concerns, or complaints about these Terms or the Services, or if you wish to exercise any rights described in these terms and conditions, please contact us at:

True Wellness LLC

130 S Barstow Street
Eau Claire, WI 54701

Email: customersupport@truewellness.org
Phone: 715-322-0295