Mone Wellness

Terms of Use for Mone Wellness

Please read these Terms of Use (the “Terms of Use,” the “Terms,” or the “Agreement”) carefully. If you have any questions, then you can contact us at hello@monewellnessapp.com.

These Terms of Use help define Mone’s relationship with you (the “User”) as you interact with our Services (defined below). These Terms of Use include and incorporate by reference the Mone Privacy Policy. We encourage you to read the Privacy Policy to better understand how you can update, manage, export, and delete your information.

Understanding these terms is important, and you must accept these Terms of Use to use our Services.

Purpose of the App

Mone Wellness Inc. (“Mone,” “we,” “us,” or the “Company”) is a corporation incorporated in the State of Delaware, United States of America, with a principal office in the State of California, United States of America. Mone Wellness Inc. provides an educational and community-based platform focused on women’s wellness that includes the Mone mobile app (the “App”), websites including monewellnessapp.com, and related products, features, and services (each individually a “Service” and collectively the “Services”). We provide educational materials, community discussions, and guidance (the “Content”) to help users learn about health, fitness, mental wellness, and lifestyle. You must be at 18 years of age, reside in the United States, and access the Services from the United States to use the App and access Mone’s Content.

The App is for informational and educational purposes only and should not be considered medical advice.

Health and Medical Disclaimer

You acknowledge that:

  • Mone does not provide medical, psychological, or therapeutic services.
  • The information provided is not a substitute for professional medical advice.
  • You should always consult a licensed healthcare professional before making decisions about your health or wellness.
  • If you are experiencing a medical emergency, call 911 or your local emergency number immediately.

HIPAA Notice

Mone is not a “covered entity” or “business associate” as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While we respect your privacy and protect your data under applicable privacy laws, HIPAA privacy and security rules do not apply to any information you submit through the App. Please review our Privacy Policy for more information and details on how we handle personal information.

1. Introduction

1.1. Please read these Terms carefully. This Agreement is a legally binding contract between you and Mone. Access to and use of Mone’s Services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, then you must not access the App, Mone products, or the Services.

1.2. PLEASE CAREFULLY READ THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 24. IT AFFECTS HOW DISPUTES ARE RESOLVED BETWEEN YOU AND MONE AND INFORMS YOU OF YOUR OPT-OUT RIGHTS.

1.3. By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT ACCESS OR USE THE APP, MONE PRODUCTS, OR THE SERVICES.

1.4. In addition to these Terms, the following terms apply and form part of your contract with us: the Mone Privacy Policy and any additional terms referenced on the applicable app, product, or Service.

1.5. By accepting this agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; and (b) have reviewed and consent to the Privacy Policy; (c) agree not to use the respective Service or Content in violation of these Terms.

2. App, features, and Content are not intended to provide medical advice

2.1. THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT, OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

2.2. WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS.

3. Registration and eligibility

3.1. To use the App, you may be required to create or update an account (“Account”) and asked to provide certain personal information, which may include your name and e-mail address.

3.2. All information provided during Account creation must be accurate. You must update all Account information promptly after it changes.

3.3. Account information will be held and used in accordance with the Privacy Policy.

3.4. Mone reserves the right to deny the creation of any Account or limit the availability of Content to users for any reason, in its sole discretion.

4. Use of the App

4.1. Any content you submit through the App is governed by the Privacy Policy. You are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement.

4.2. You agree that you SHALL NOT:

  • Resell, rent, lease, loan, sublicense, distribute, or otherwise transfer your rights to use or access the Services
  • Modify, reverse engineer, decompile or disassemble the App or any of the Services
  • Copy, adapt, alter, modify, translate, or create derivative works of any Services without the written authorization of the Company
  • Permit other individuals to use the Services, including but not limited to shared use via a network connection
  • Use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone
  • Use your Account to engage in any illegal conduct
  • Upload or transmit any communications that infringe or violate the rights of any other party
  • Upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit material, or any material that could give rise to any civil or criminal liability
  • Use data, Content, or features from the Services to diagnose, treat, or mitigate any health conditions
  • Impersonate or attempt to impersonate Mone employees, another user, or any other person or entity
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose

5. Limited License to the App

5.1. We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the Services and Content for personal and non-commercial purposes in accordance with the terms of this Agreement. You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos, or other information, software, or code obtained from the Services without prior express written permission from the Company.

5.2. All rights, title, and interest in and to the Services and Content not expressly granted in this Agreement are reserved by the Company. Permission requests may be sent to hello@monewellnessapp.com.

5.3. The Company owns all the Content, all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, excluding User Content.

6. License to User Content

6.1. The Services enable you to input personal notes, post, or upload content, submit content (including to Community Forum) and log certain information into the App (“User Content”). You retain all rights to such User Content that you post, share, or log in the Services.

By providing your User Content to the App, you: (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate into other works, and distribute User Content in connection with providing and operating the Services; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees from any claims and expenses, including attorneys’ fees, arising from the User Content.

6.2. The Company reserves the right to review all User Content prior to submission to the App, and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.

7. Use at your own risk

7.1. Our goal is to help make certain health-related information more readily available and useful. However, the App cannot and does not guarantee health-related improvements or outcomes.

7.2. Your use of the App and any information, predictions, or suggestions provided in the Services is at your sole risk.

8. Subscriptions and billing

8.1. Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to the Content or the Services for a specified period of time. Subscriptions continue indefinitely. We charge you ongoing fees automatically on a regular basis until cancelled.

8.2. Certain Content, products, or Services included in subscription may change from time to time.

8.3. The Mone App is available via third-party platform operators such as the Apple App Store and the Google Play Store. When you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider.

8.4. Billing. You may purchase the subscription on a recurring basis directly from Mone or through a third party by paying a subscription fee plus applicable taxes in advance.

8.5. Trial. Engagement with the App starts with a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period.

8.6. Price and tax changes. Mone may from time to time make changes to subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period.

8.7. Renewal. Your payment will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period.

8.8. Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through the Mone app you can cancel the renewal of your subscription at any time in the app.

9. Community Forum

9.1. Mone Community Forum (“Community Forum”) is a feature of the App that allows users to post comments and questions. If you delete your account, then your comments will remain visible to other users of Community Forum.

9.2. Mone allows users to post or comment on the Content in the Community Forum. Private messaging or interpersonal communication between a finite number of persons is not available. Contact hello@monewellnessapp.com for all inquiries raised in connection with Community Forum.

9.3. As a user of Community Forum, you shall not:

  • Leave rude, harassing, insulting, provocative, discriminating, non-tolerant, religious, racist, political, homophobic, libelous, defamatory, unlawful, threatening, or offensive comments and statements
  • Post abusive, offensive, obscene, pornographic, infringing, sexually explicit images or any other materials prohibited under applicable law
  • Provide any medical advice or claim to be a healthcare professional
  • Advertise any product or service

9.4. Any information posted in Community Forum shall not be considered as advice, drug prescription, or treatment suggestion. If in doubt about your health, consult a licensed healthcare professional.

10. Passwords

10.1. You are responsible for taking all reasonable steps to ensure that no person other than you shall have access to your App or Service passwords, Account, or Account information. You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your Account information in connection with the operation of the App.

11. Warranty disclaimer

11.1. THE APP AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE,” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of liability

12.1. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES IN THE PAST YEAR OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Use of mobile devices

13.1. Please note that your carrier’s normal rates and fees, such as text messaging and data charges, may still apply if you are using the App on a mobile device.

14. Third-Party Services and links

14.1. The App may provide access to third-party websites, apps, or other products or services (“Third-Party Services”). The Company does not control Third-Party Services in any manner and, accordingly, the Company is not responsible for the privacy practices, operations, or other practices of such Third-Party Services, and does not assume any liability associated with such Third-Party Services. Your use of any Third-Party Services other than the Services offered by Mone is at your own risk.

15. Your feedback

15.1. We welcome your feedback about the App. Unless otherwise expressly declared, any communication you send to us is User Content and deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such User Content at our own discretion.

16. Enforcement rights

16.1. We are not obligated to monitor access or use of the Services. However, we reserve the right to monitor access or use of the Services for purposes of operating and maintaining the Services, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities.

16.2. We reserve the right to remove or disable any content posted to the Services or remove or disable access to the Services at any time, in each case without notice and at our sole discretion.

17. Maintenance and updates

17.1. It may become necessary in Mone’s sole discretion to change, expand, upgrade and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the Services.

17.2. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

18. Indemnity

18.1. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

19.1. ARBITRATION: To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement (collectively, “Disputes”) shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.

20. Governing Law

20.1. To the fullest extent permitted pursuant to applicable law, this Agreement shall be governed by the laws of the State of California, U.S.A. (to the exclusion of its conflict of law rules).

21. Notice and takedown procedures

21.1. If you believe any materials accessible on or from the Services infringe your copyright, then you may request removal of those materials from the Services by contacting the Company at hello@monewellness.com and submitting a written DMCA takedown notification compliant with 17 U.S.C. § 512.

22. Other provisions

22.1. We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the Services). If we materially change the Agreement, then we will make the updated Agreement available online and make reasonable efforts to tell you about it in advance.

22.2. Once we change the Agreement, then it will become legally binding on you on the date specified in the updated Agreement or in any notice of changes sent to you.

22.3. If you don’t agree to the updated Agreement, then you must stop using the Services. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

22.4. Successors and Assigns. This Agreement inures the benefit of the parties, including any successors in interest. We have the right to assign our rights and obligations under this Agreement to any affiliates. You may not assign your rights under this Agreement to any third party other than an heir or intestate successor.

22.5. Severability. If for any reason an arbitrator, a court of competent jurisdiction, or any other tribunal finds any provision of this Agreement, or any portion thereof, to be unenforceable, then that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

22.6. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition.

22.7. Upon termination of this Agreement, all provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.

23. Questions, complaints, and comments

23.1. If you have any comments or questions about the Services or any part of these Terms of Use, require support, or have any claims, then please contact us at hello@monewellnessapp.com.

For residents of California, in accordance with California Civil Code §1789.3, you may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.