Mode Wellness End User License Agreement

Last Updated: September 29, 2025

This End User License Agreement ("Agreement") is between you ("you" or "User") and Whiteboard Labs LLC ("Mode," "we," or "us"). It governs your access to and use of the Mode Wellness mobile applications, companion watch applications, web portals, background services, and any related content or documentation (collectively, the "App"). By installing, registering for, or using the App, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree, do not install or use the App.

1. Eligibility and Accounts

• You must be at least 16 years old (or the age of digital consent in your jurisdiction). Users under 18 must have a parent or legal guardian review and accept this Agreement.
• You agree to provide accurate registration information, keep your credentials secure, and promptly update any changes. You are responsible for all activity on your account and for safeguarding devices, passcodes, and cloud backups that could expose App data.
• We may refuse, reclaim, suspend, or terminate accounts that violate this Agreement or applicable laws.

2. License Grant and Restrictions

• Mode grants you a limited, revocable, non-exclusive, non-transferable license to install and use the App on devices you own or control for your personal, non-commercial wellness use.
• You must not copy, modify, reverse engineer, decompile, disassemble, translate, rent, lease, sell, sublicense, export, or otherwise transfer the App, except where non-waivable law allows.
• You must not interfere with or disrupt the App, servers, or networks; bypass security; use automated tools to harvest data; upload malicious code; or use the App in violation of any law or third-party right.

3. Feature-Specific Disclosures

3.1 AI Nutrition Logging

• Photo, text, and voice logging may upload images or audio for AI analysis. Portion estimates and nutrient breakdowns are generated automatically and may be inaccurate or incomplete. Always review and correct entries before relying on them.
• Packaged food information may be out of date or regionally inconsistent. Verify with product labels or a qualified professional.

3.2 Meal Planning, Goals, and Habits

• Meal plans, recipe suggestions, and goal targets rely on your inputs plus general nutrition guidelines. They are not individualized medical or dietitian advice.
• Calorie and macro targets are estimates and may not suit your health status. Consult a qualified professional before following any program generated by the App.

3.3 AI Coaching and Behavioral Support

• Conversational coaching uses artificial intelligence to generate suggestions, educational content, and motivational prompts. Responses may be inaccurate, incomplete, or inappropriate for your situation. They are provided for educational support only.

3.4 Workout Generation and Tracking

• Workout routines, timers, suggested weights, and form guidance are automated recommendations. They may not reflect your abilities, limitations, or safety requirements. Obtain medical clearance before starting or modifying exercise habits.
• Activity data relies on your manual input, please review and correct workout entries and metrics before acting on them or sharing with others.

3.5 Reminders and Notifications

• Reminders may involve push notifications, voice-to-text extraction, or smart scheduling. Delivery can be delayed, prevented, or duplicated by platform behavior. Always verify time-sensitive reminders and keep backup systems for critical tasks.
• When recording audio for reminders or notes, you are responsible for complying with local consent and privacy laws.

3.6 Health Data Integrations

• On supported platforms you may allow the App to read and write health metrics. You control which data categories are shared and can revoke access at any time.
• Mode is not responsible for the accuracy of health data retrieved from third-party services or for how other apps interpret data written by Mode.

3.7 Visit Summaries and Health Reminders

• Visit summary tools allow you to transcribe audio during appointments for personal organization. Audio recordings are processed in real-time to extract text and generate summaries, then immediately discarded. We do not store the recordings themselves.
• Summaries are generated from transcriptions for your convenience and may be inaccurate. Always rely on official medical documentation and professional advice when making health decisions.
• You may set custom health metric reminders (e.g., medication times, check-up dates). These reminders are stored as simple notifications without medical context. We do not process, analyze, or interpret any health metrics you choose to track via reminders.
• We do not collect medical records, lab results, prescriptions, or health data provided by medical professionals. Any health-related data you manually enter for reminder purposes remains unprocessed and is deleted when you delete your account or remove individual reminders.
• Recording clinical encounters may require consent from providers and locations. You are solely responsible for obtaining all required permissions and for complying with local recording laws.

3.8 Beta and Experimental Features

• Certain features may be labeled beta, preview, or experimental and could be disabled, unstable, or inaccurate. We may add, modify, or remove experimental functionality at any time.

4. User Content and Responsibilities

• You retain ownership of content you submit (photos, audio, documents, notes, logs). You grant Mode a worldwide, royalty-free, sublicensable license to host, process, analyze, reproduce, and display your content as required to operate, improve, and provide the App, and to create de-identified or aggregated insights.
• You are responsible for backing up any information you wish to keep. Mode is not a long-term archive and may delete data from inactive accounts or to enforce storage limits.
• You represent that you have the rights to upload all content and that it does not violate laws or the rights of others. Do not upload illegal, defamatory, obscene, hateful, discriminatory, or infringing content.
• You must not use the App to stalk, harass, or surveil individuals; to capture others without consent; or to store personal data where prohibited.

5. Health and Safety Disclaimer

• THE APP IS FOR WELLNESS, NUTRITION TRACKING, FITNESS ORGANIZATION, AND BEHAVIORAL SUPPORT. IT IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, DIETITIAN, OR FITNESS PROFESSIONAL ADVICE.
• Mode does not diagnose, treat, cure, or prevent diseases. All outputs—including AI insights, nutrient breakdowns, workouts, reminders, and health reports—are educational aids and may be inaccurate.
• Always seek guidance from qualified healthcare professionals before starting or modifying any diet, exercise, medication, or medical treatment. Never disregard professional advice because of content provided by the App.
• If you experience symptoms or an emergency, contact local emergency services. The App is not suitable for urgent communications.

6. Data Accuracy and Limitations

• All information in the App is provided "as is." Logs, analytics, and reports depend on user input, algorithmic estimates, and third-party data that may contain errors, delays, omissions, or outages.
• You are solely responsible for validating data before using it or sharing it with healthcare providers, coaches, or any third party.

7. Payments, Free Trials, and Subscriptions

• Certain features require a paid subscription after any stated free trial period. Prices, billing cycles, and auto-renew terms are disclosed at purchase.
• Free trials automatically convert to paid subscriptions unless canceled before the trial ends.
• Purchases made through app stores are billed by those stores and subject to their refund policies. Mode cannot refund store-managed transactions.
• We may adjust pricing, introduce new plans, or retire features with notice where required by law.

8. Third-Party Services

• The App integrates with third-party services such as cloud hosting and AI providers. Each service has its own terms and privacy practices.
• When you enable integrations or request features that involve external services, we may send the minimum necessary data to deliver that functionality. Mode is not responsible for third-party availability or accuracy.
• If a third-party service becomes unavailable, related features may be modified or discontinued without liability.

9. Privacy and Data Protection

• Our Privacy Policy explains what data we collect, how we use it, and how we share it with service providers. By using the App you consent to that processing, including transfer to the United States or other jurisdictions where we or our vendors operate.
• We implement reasonable security measures but cannot guarantee absolute protection. You acknowledge the inherent risks of storing or transmitting personal and health-related information through the internet.
• Do not upload information that you are legally required to store in regulated systems unless you are comfortable with the consumer-grade protections offered by the App.

10. Monitoring, Analytics, and Feedback

• We may log usage events to troubleshoot issues, improve features, detect misuse, or comply with legal obligations. Some logs may include device metadata or truncated snippets of activity.
• If you submit feedback or ideas, Mode may use them without restriction or obligation to you. Submitting feedback does not transfer any ownership to you.

11. Termination

• You may stop using the App at any time and request account deletion through in-app settings or by contacting [email protected]. Deleting the App from your device does not automatically cancel subscriptions.
• We may suspend or terminate your access immediately if you breach this Agreement, fail to pay fees, present a security risk, or if we discontinue the App.
• Sections that are meant to survive termination—including ownership, disclaimers, limitations, indemnities, and dispute provisions—remain in effect.

12. Disclaimers

• THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." MODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
• MODE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• FEATURES SUCH AS AI COACHING, VISIT SUMMARIES, SMART REMINDERS, OR WORKOUT ANALYTICS MAY BE UNAVAILABLE, INACCURATE, OR DELAYED. YOU USE THEM AT YOUR OWN RISK.

13. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY.
• MODE'S TOTAL LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU PAID MODE (IF ANY) FOR THE APP IN THE SIX (6) MONTHS BEFORE THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
• SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS; IN THOSE PLACES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

14. Indemnification

You agree to defend, indemnify, and hold harmless Mode, its affiliates, directors, officers, employees, agents, licensors, and partners from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from: (a) your use or misuse of the App; (b) your violation of this Agreement or applicable law; (c) your infringement of any third-party right; or (d) content you upload, record, or transmit through the App.

15. Export and Legal Compliance

You may not use or export the App in violation of U.S. export laws, trade sanctions, or the laws of your jurisdiction. You are responsible for complying with all local rules regarding online conduct and content, privacy, and data protection.

16. Governing Law and Dispute Resolution

• This Agreement is governed by the laws of the State of Tennessee, USA, without regard to conflict-of-law principles.
• You agree to first contact Mode at [email protected] and attempt to resolve disputes informally. If unresolved after 30 days, disputes shall be finally settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in Nashville, Tennessee, unless the law requires a different venue.
• YOU AND MODE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The arbitrator may award the same remedies as a court, including attorney's fees where permitted.
• Either party may seek injunctive or equitable relief in court to prevent misuse of intellectual property or unauthorized access to data.

17. Changes to the App and Agreement

• We may modify, suspend, or discontinue any feature of the App without liability. If we discontinue the App entirely, we will provide reasonable notice where required by law.
• We may update this Agreement by posting a revised version with a new "Last Updated" date. Continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the App.

18. Miscellaneous

• This Agreement, together with the Privacy Policy and any feature-specific terms, constitutes the entire agreement between you and Mode regarding the App and supersedes prior agreements.
• If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
• We may assign this Agreement in connection with a merger, acquisition, or sale of assets. You may not assign it without our written consent.
• Failure to enforce any provision is not a waiver. Section headings are for convenience only.

19. Contact Information

Whiteboard Labs LLC

5659 Myrtlewood Dr

Nashville TN 37211 USA

Email: [email protected]

By installing or using the App, you acknowledge that you have read, understood, and agree to this Agreement.