Introduction

Welcome to The Wellness Company.

These Terms of Service ("Terms") govern your use of our products and services and provide important information about how those products and services work. These Terms apply to all of our consumer applications, websites, and related services (collectively, the "Services"), including:

• Tempo — personalized healthspan and AI health coaching (jointempo.app)

• GoPolar — cold plunge and sauna tracker (gopolar.app)

• SunSeek — sun exposure and circadian rhythm guidance (sunseek.app)

• Posture AI — camera-based posture analysis and improvement (postureai.app)

Each individual app may also publish its own product-specific terms that supplement these corporate Terms. Where there is any inconsistency, the product-specific terms control for that app.

By creating an account or using any of our Services, you agree to these Terms.

Service Provider

The Services are built and operated by The Wellness Company, Inc., a corporation incorporated under the Ontario Business Corporations Act and located at 183 Dovercourt Road, Unit 414, Toronto, Ontario, M6J 3C1, Canada.

Using the Services

A. Age Requirements

You must be at least 13 years old to use the Services.

By agreeing to these Terms, you represent and warrant that:

(a) you are at least 13 years old; (b) you have not previously been suspended or removed from any of the Services; and (c) your registration and use of the Services comply with all applicable laws and regulations.

B. Accounts

Your account grants you access to the features we may offer and update from time to time at our sole discretion.

You may not use another user's account without permission.

You are responsible for maintaining the security of your account and notifying us immediately of any unauthorized use.

C. User Content

You retain all rights to the content you submit, post, or display through the Services (including health data, photos, session logs, and similar information).

However, by submitting content through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, transmit, display, and distribute that content in any media or distribution methods, now known or later developed.

This license exists solely to operate, improve, and provide the Services. We do not use your identifiable personal or health data to train artificial-intelligence or machine-learning models.

Restrictions

You agree not to engage in any of the following prohibited activities:

(i) Copying, distributing, or disclosing any part of the Services in any medium, including via automated or non-automated "scraping";

(ii) Using any automated system — such as "robots," "spiders," or "offline readers" — that sends more requests to our servers than a human could reasonably generate using a standard web browser in the same period;

(iii) Transmitting spam, chain letters, promotional messages, or unsolicited communications through the Services;

(iv) Attempting to interfere with, compromise, or bypass the system integrity or security of the Services, or attempting to decipher any transmissions to or from our servers;

(v) Uploading malicious code, viruses, or any content intended to disrupt or damage the Services;

(vi) Using the Services to harass, abuse, or harm another person, or to upload content that infringes the rights of others;

(vii) Using the Services in violation of any applicable laws or regulations.

Intellectual Property

The Services, their features, functionality, and all original content (excluding user-submitted content) are and will remain the exclusive property of The Wellness Company, Inc. and its licensors.

"The Wellness Company," "Tempo," "GoPolar," "SunSeek," "Posture AI," and the related logos, marks, graphics, and product names are trademarks or registered trademarks of The Wellness Company, Inc. or its licensors. Nothing in these Terms grants you the right to use our trademarks without prior written permission.

Health & Safety Disclaimer

Our Services provide general wellness insights and health-related suggestions based on wearable data, self-reported information, photographs, and AI analysis.

The Services do not provide medical advice, diagnosis, or treatment. Outputs from our Services — including healthspan scores, posture reports, sun-exposure recommendations, cold-plunge and sauna session insights, AI coaching messages, and any other guidance — are informational only and are not a substitute for the professional judgment of a qualified healthcare provider.

Always consult a qualified healthcare professional before making changes to your health regimen, especially if you have an existing medical condition, are pregnant, are taking medication, or have any symptoms that concern you. Do not delay seeking medical care because of something you read or saw in the Services. If you think you may have a medical emergency, contact your doctor or emergency services immediately.

In addition, you acknowledge and agree that:

• Activities such as cold-water immersion, sauna use, and sun exposure can carry health risks. You are responsible for your own safety and for using these activities only as appropriate for your individual health condition and your local environment.

• Camera-based posture measurements are estimates, not clinical assessments, and the exercise suggestions are general fitness recommendations rather than physiotherapy or treatment for a diagnosed condition.

Payments & Subscriptions

If we offer paid plans or subscriptions for a Service:

• All purchases are processed through the Apple App Store under Apple's terms.

• Subscription renewals and cancellations must be managed through your App Store account settings.

• We do not issue refunds directly, except where required by law.

Third-Party Services

The Services may connect to or rely on third-party platforms, including Apple App Store, Apple HealthKit, Garmin Connect, and others. Your use of those third-party platforms is governed by their own terms and privacy policies. We are not responsible for the practices of third parties.

Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the maximum extent permitted by law, in no event will The Wellness Company, Inc., its directors, officers, employees, contractors, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, data, goodwill, or other intangible losses — arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

In jurisdictions that do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, our liability shall be limited to the maximum extent permitted by law.

Termination

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms or that your use of the Services creates risk or possible legal exposure for us, our users, or third parties. You may stop using the Services and delete your account at any time.

Changes to the Services

We reserve the right to modify, update, or discontinue any part of the Services at any time, with or without notice.

Changes to These Terms

We may update these Terms from time to time. If a revision is material, we will make reasonable efforts to provide notice at least 30 days before the new Terms take effect (for example, by in-app notice or by email). Your continued use of the Services after the new Terms take effect constitutes acceptance of the updated Terms.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, except that we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

Nothing in this section limits any mandatory consumer-protection rights you have under the laws of your country or place of residence that cannot be waived by contract.