HMW METHOD APP TERMS OF SERVICE & USER AGREEMENT

I hereby acknowledge and agree that I am voluntarily using the HMW Method App (the “App” or “We”) and participating in its health, fitness, nutrition, and wellness programs (the “Program”). I understand that the App provides guidance on exercise, training, nutrition, and general wellness but is not a substitute for professional medical advice, diagnosis, or treatment. In consideration for being granted access to the App and the Program, I acknowledge and agree to the following:

1. Medical Disclaimer

The App is designed to support individuals in their health and wellness journey, with a focus on obesity medicine, weight management, and metabolic health. It provides educational resources, tracking tools, and personalized insights to assist users in making informed health decisions.

However, the App does not independently provide medical care. Medical services, including telehealth and in-office visits, are delivered exclusively through our affiliated medical practices, Health Meets Wellness and Bucks Health and Wellness.

For non-premium users, the App is for informational and educational purposes only and does not provide medical diagnosis, treatment, or direct healthcare services. You should always consult a qualified healthcare provider regarding any medical condition or concerns. No doctor-patient relationship is established through this app alone for non-premium users.

If you are experiencing a medical emergency, call 911 or seek immediate medical attention.

2. Acknowledgment of Risk

I understand that participating in physical exercise, dietary changes, and other wellness activities through the App involves inherent risks, including but not limited to:

● Physical injury, strain, illness, or exacerbation of pre-existing medical conditions;

● Short-term or long-term health effects due to exercise, diet, or lifestyle changes;

● Unintended consequences of engaging in activities without in-person supervision.

I voluntarily assume all risks associated with my use of the App and participation in the Program.

3. Medical Clearance

I understand that it is strongly recommended that I obtain medical clearance from a physician before beginning any exercise, nutrition, or wellness program. By using the App, I confirm that:

● I have obtained such medical clearance, or

● I have knowingly decided not to obtain medical clearance, assuming all risks associated with that decision.

4. Release and Waiver of Liability

To the fullest extent permitted by law, I hereby release, waive, and discharge HMW Method, its affiliates, licensors, owners, employees, contractors, and agents (the "Released Parties") from any and all claims, liabilities, and actions of any kind arising from my use of the App or participation in the Program, including but not limited to:

● Any physical or mental injury, illness, disability, or death resulting from my participation;

● Any adverse effects related to my use of workout, training, nutrition, or wellness recommendations;

● Any alleged negligence, omission, or fault of the Released Parties. I accept full personal responsibility for any consequences resulting from my use of the App and the Program.

5. Privacy and Use of Personal Data

HMW Method respects your privacy. This section explains how HMW Method collects and protects certain information it receives from you. This section, and these Terms of Services, DO NOT apply to information that: (1) any employee, agent or consultant of HMW Method may collect offline or on any other apps or websites, including websites you may access through this App; or (2) you provide to or is collected by any third party (see Third-Party Information Collection, below). Other websites, apps, and third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

COLLECTION OF YOUR PERSONAL INFORMATION We collect information from and about you (i) directly from you when you provide it to us, and (ii) automatically when you use the App.

● Information You Provide to Us When you download, register with, or use this App, we may ask you to provide information by which you may be personally identified, such as name, postal address, email address, telephone number, age, gender assigned at birth ("personal information").

● Information We Collect Through Automatic Data Collection Technologies When you download, access, and use the App, it may use technology to automatically collect:

o Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.

o Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

o Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

● Third-Party Information Collection When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

o Analytics companies.

o Your mobile device manufacturer.

o Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use this app. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We use CometChat to administer our in-app communication functions, which means that CometChat collects information about you when you utilize the communication functions built on the CometChat platform as described in the CometChat privacy policy (https://www.cometchat.com/legal-privacy-policy).

Additionally, the App may connect directly with certain body composition analyzer tools or other third party devices. Such tools or devices may collect information about you, and you should refer to the privacy policy of any third party tool or device used to understand what data is collected and how it is used

USE OF YOUR PERSONAL INFORMATION We use information that we collect about you or that you provide to us, including any personal information, to do the following: (i) Provide you with the App and its contents, and any other information, products, or services that you request from us; (ii) Fulfill any other purpose for which you provide it; (iii) Notify you when App updates are available, and of changes to any products or services we offer or provide though it. The usage information we collect helps us to improve our App and to deliver a better and more personalized experience.

● Disclosure of Your Information We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide:

o To our subsidiaries and affiliates.

o To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

o To fulfill the purpose for which you provide it.

o For any other purpose disclosed by us when you provide the information.

o With your consent.

o To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

DATA SECURITY We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Specifically: (i) We use technical controls and safeguards to protect the privacy, security, integrity, and availability of your personal information; (ii) We use encryption for secure communication between servers; (iii) We maintain internal policies and processes that limit access to your information to our staff who need to know the information to perform their jobs; (iv) We maintain internal data retention and deletion policies to help us ensure we only store information about your use of our mobile apps as we describe in this policy. The safety and security of your information also depends on you.

There are steps you can take to further protect your information, including: (i) Do not share the username and password you use with the App; (ii) Change your password immediately if you believe any unauthorized access has occurred; (iii) Use the security tools on devices you use with the App; (iv) Do not root or jailbreak devices you use with the App. Doing so can create security risks by removing your devices’ built-in security measures and exposing sensitive information on your device.

The transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

For Premium Users we are committed to protecting your personal health information in accordance with HIPAA (for U.S. users) and other applicable privacy regulations. While we implement industry-standard security measures, we cannot guarantee complete protection against unauthorized access.

DATA DELETION To cancel your App subscription (“Subscription”) please refer to the cancellation policy in the [Subscription Agreement]. Please bear in mind that after your Account is canceled, your information is not deleted permanently. We store your information to allow you to reopen your Account at any time. However, we provide no guarantee, and shall have no liability or obligation to ensure, that all such information will be available or accessible through the App or all personalization features will be able to be recovered or resumed. Upon cancellation of your Account or execution of a deletion request (as explained below), anonymized information about you may nonetheless persist internally in our backup, archive files or similar databases, and may still be used anonymized, for our internal support, administrative, and record-keeping purposes including, but not limited to, allowing us to improve the services we provide through research, evaluation, and analytics as permissible by applicable law and for other purposes specifically outlined in this policy.

We may also keep certain information in backup or archive records if required by law or for legitimate business purposes when permitted by applicable law. All retained data will continue to be subject to policy, as in effect at that time Following cancellation of your account, to reactivate your account and potentially recover previous information you will need to make a request to us using the email address associated with your Account.

Any data deletion requests will be executed within the term provided by applicable law. Please keep in mind that a request to delete information may lead to cancellation of your Account or the inability to use certain services and features.

STATE PRIVACY RIGHTS State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

CHANGES TO PRIVACY POLICY We may update our privacy policy from time to time. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this privacy policy to check for any changes.

CONTACT INFORMATION To ask questions or comment about this privacy policy and our privacy practices, or to register a complaint or concern, please email us at: support@healthmeetswellness.com

6. Use of Artificial Intelligence (“AI”)

Certain content in the App – including exercise and nutrition recommendations – may be generated with the assistance of AI and may not always be accurate, complete, or appropriate for every user. Please use your own judgment, common sense, and consult with relevant experts before making decisions based on this information.

7. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS APP AT ANY TIME. ADVICE RECEIVED VIA THIS APP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS APP, WITH THE DELAY OR INABILITY TO USE THIS APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS APP, OR OTHERWISE ARISING OUT OF THE USE OF THIS APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS APP.

PREMIUM USERS OF THE APP FURTHER AGREE THAT THE DEVELOPERS, PROVIDERS, AND AFFILIATES ARE NOT LIABLE FOR ANY HARM, DAMAGES, OR ADVERSE OUTCOMES RESULTING FROM THE USE, MISUES, OR INABILITY TO USE THE APP. THIS INCLUDES BUT IS NOT LIMITED TO:

● HEALTH COMPLICATOINS DUE TO DELAYED OR MISSED CARE

● MISINTERPRETATION OF HEALTH DATA OR RECCOMENDATIONS

● UNAUTHORIZED ACCESS OR BREACHES OF YOUR PERSONAL INFORMATION

8. Copyright and Trademark Notices

All contents of this app and trademarks are the property of their respective owners.

9. Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

10. Governing Law and Dispute Resolution

This agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles. The parties agree to resolve any controversy, dispute or claim arising out of this Agreement or breach thereof (each, a “Dispute”) through good faith confidential negotiation. To the extent any Dispute cannot be resolved by good faith confidential negotiation, the parties agree to submit to binding confidential arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or a successor organization, located in New York City, New York by a single arbitrator pursuant to its Streamlined Arbitration Rules and Procedures then in effect (https://www.jamsadr.com/rules-streamlined-arbitration/). The foregoing sentence shall not apply to any claim that is expressly excluded from arbitration by statute or other applicable law that is not preempted by the Federal Arbitration Act. Except as otherwise authorized by applicable law, all awards of the arbitrator shall be binding and non-appealable. The arbitrator’s final award shall be made in writing and delivered to the parties within thirty (30) calendar days following the close of the hearing and shall provide a reasoned basis for the resolution of any Dispute and any relief provided. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction. The arbitrator may grant injunctions or other relief. Notwithstanding anything else set forth herein, neither party shall be precluded from applying to a proper court for injunctive relief by reason of the prior or subsequent commencement of an arbitration proceeding as herein provided. The parties waive the right to (i) join or consolidate claims by other individuals or entities against the other party (including, but not limited to, by becoming a member of a class in a class action); or (ii) bring, maintain, participate in, receive money from, or arbitrate any claim as part of a class, representative, multi-plaintiff, or collective action. If, despite the parties’ express intent to proceed only in individual arbitration, a court nonetheless orders that a class, representative, multi-plaintiff, or collective action should proceed, it may proceed only in court. Any issue concerning the validity or enforceability of this waiver must be decided only by a court and an arbitrator shall have no authority to determine the validity or enforceability of this waiver. The parties agree that this “Arbitration” section shall be governed by the Federal Arbitration Act, and that the arbitrator shall apply New York law to the merits of any Dispute, without regard to conflicts of law principles.

11. Severability

If any portion of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full legal force and effect.

12. Doctor-Patient Relationship

Premium Users (Patients of Our Medical Practices): If you are an established patient of Health Meets Wellness or Bucks Health and Wellness, you may receive medical care through telehealth and in-office visits provided by licensed healthcare professionals at our medical practices. The app may serve as a supplement to your care by offering tracking tools, reminders, and communication features, but it does not replace direct medical consultations.

Non-Premium Users: No doctor-patient relationship is established through this app alone. Any information provided within the app is general in nature and should not be considered medical advice or a substitute for professional healthcare services.

13. Scope of Medical Services

Premium Users of the App may have access to tools to enhance your care experience, such as symptom tracking, lifestyle recommendations, and educational resources. However, all medical evaluations, diagnoses, and treatments occur through direct interactions with our providers at Health Meets Wellness or Bucks Health and Wellness, not through this app itself.

Certain conditions may require in-person evaluation, and our healthcare providers will inform you if an in-office visit is necessary.

Non-Premium Users of the App may access general wellness resources, health tracking, and educational content without direct access to licensed medical professionals.

14. Accuracy of Information

While we strive to provide accurate and up-to-date health information, we do not guarantee that all content is free of errors, omissions, or outdated information. Medical guidelines evolve, and the information within this app may not always reflect the latest standards of care. Always consult with a qualified healthcare provider before making medical decisions.

15. User Responsibilities

By using this app, you agree to:

● Provide truthful and accurate health information when required.

● For Premium Users, follow medical advice provided through Health Meets Wellness or Bucks Health and Wellness, if applicable.

● Use the app in compliance with all relevant laws and regulations.

● Avoid misusing the app for fraudulent or harmful purposes

16. Updates to Terms of Service

These Terms of Service may change from time to time. If we make material changes to how, we will notify you through a notice on the App. Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

If you have any questions regarding these terms of service, please contact us at: info@healthmeetswellness.com

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