INNER SPACE APPLICATIONS LLC

TERMS OF SERVICE

Last Updated: February 19, 2026

These Terms of Service, and any terms and policies expressly incorporated herein (these “Terms”) constitute a binding contract by and between Inner Space Applications LLC, a North Carolina limited liability company (the “Company”, “Inner Space”, “we”, “us”, or “our”) and you (“you”, “your”, “yours”, or “user”), and it governs your use of, access to, and interaction with us and the Inner Space Wellness  mobile application form, available for download as ‘Inner Space Wellness’ via the Apple App Store and Google Play Store (the “Application”), which provides a suite of integrated tools and services designed to aid in a user’s mental wellness journey through tracking various wellness measures and prompting activities to help fulfill a user’s wellness goals, and to provide certain other related services and resources, pursuant to either an active Free Plan, Paid Plan, or any other Subscription Plan (each as defined below) that we may offer from time to time (collectively, the “Services”). Throughout these Terms, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.”

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS, AND AGREE TO BE BOUND THEREBY.

 

 

IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO IT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE APPLICATION. ACCESSING OR USING THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Your access to and use of our Application or Services is also subject to our Privacy Policy, as amended from time to time (the “Privacy Policy”), and which is incorporated herein by reference. By accessing or using the Application or Services, you consent to the terms of the Privacy Policy.

 

We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Application or Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments/updates thereto) each time that you sign into your Account (as defined below), or otherwise access or use the Application. Therefore, we encourage you to review these Terms regularly.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES OF AMERICA: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Modification to Agreement.

We may modify these Terms by providing notice through the Application or by updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop accessing and using the Application and the Services. We encourage you to frequently review these Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Application and the Services.

2. Inner Space Services Overview.

The Company provides users, via its Application, with certain access to and use of its mental and emotional wellness check-in and activity tools and services via the currently available offerings listed below which are designed to aid users in tracking their self-reported moods, wellness, and emotional responses to prompted wellness-related activities. Specifically, the Application enables users to respond to and review results from mental wellness surveys, plan for increased or stable personal wellness, and interact with articles and other resources to aid in the user’s wellness journey, as available. The Company offers its Services to users on a subscription basis (each, a “Subscription Plan”) as follows, subject to any use or access limitations set forth herein or via the Services:

 

(i) Free Plan. A free account to access the Application, intended for an individual user seeking to engage with the Application for a limited period of time to trial the Services prior to purchase (the, “Free Plan”).

 

(ii) Paid Plan. A paid account to access the Application, intended for an individual user who seeks to access the Application and Services longer than the allotted Free Plan timing or subsequent to completing a Free Plan subscription (the “Paid Plan”).

3. User Account.

3.1 Account Registration.

In order to access and use the Services, you must provide all information that we reasonably request to establish, register, and confirm your account (an “Account”). You will have the ability to create and manage your Account via the Application; whereby you will:  (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of your Account or any other breach of security, and (e) exit from your Account at the end of each use.

3.2 Account Information.

As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Application access and such accompanying Services or to perform under (or to exercise our rights under) these Terms. We have the right to refuse your registration or suspend or terminate your use of the Application and the Services if you fail to provide the requested information and to keep it current, complete, truthful, and accurate at all times.  

3.3 Account Responsibility.

You are responsible for keeping your Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Account. You should use particular caution when accessing your Account so as not to provide third parties with your Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3.4 Access and Devices.

You are responsible for obtaining the access necessary to use the Application, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application, its Services, and any updates thereto. We do not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. Further, we neither represent nor warrant that the Application and Services will be accessible through all versions of smartphone and tablets. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

3.5 Disabling Accounts.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Application or infringe or violate any third-party rights, or violate any applicable laws or regulations.

4. Services.

4.1 Application License Grant.

Subject to the terms and conditions of these Terms, and based on your selected Subscription Plan and solely for the duration which you maintain such active Subscription Plan, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Application and such accompanying Services as such Services may be modified, revised, and updated in accordance with these Terms (the “License”). The foregoing License, specifically your continued access to the Application and use of its Services, will terminate immediately upon your election to terminate the License, i.e., your election to delete your Account, as well as upon the non-renewal of your Subscription Plan.

4.2 Maintenance.

You acknowledge that certain maintenance activities regarding the Application may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new tools. In most instances, our infrastructure is designed to support updates by our engineering and support teams without the need to interrupt the Services. Where such maintenance activities are not reasonably anticipated to materially impact your use of the Services, we will have no obligation to provide notice to you regarding such maintenance activities. We will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours.

4.3 Modifications to Services.

We may update, add, modify, or discontinue any aspect, feature, functionality or any other tool, within the Application, at our own discretion and without further notice; however, if we make any material adverse change to the Application or the Services, including to the core functionality of the Application, then we will notify you by posting/sending an announcement via the Application or by sending you an email. You expressly acknowledge and understand that the Application or various aspects of the Services may occasionally be unavailable due to upgrades, modifications, maintenance, or other work required or necessary, as determined by the Company in its sole and absolute discretion, with respect to Application’s functionality. You further expressly acknowledge and understand that access to the Application may be delayed or slowed due to Internet traffic and other issues beyond the Company’s reasonable control.

4.4 Beta Features.

We may, at our sole discretion, make certain features and/or services available to the you on a test basis which will be clearly designated as beta, pilot, limited release, non-production or by similar description (“Beta Feature”). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that a Beta Feature is provided on an “as is” and “as available” basis without any liability and indemnity obligations, warranty, support, maintenance, or service level obligations of any kind. We do not guarantee that future versions of a Beta Feature will be released or that if such Beta Feature is made generally available, it will be substantially similar to the current Beta Feature. We may terminate your right to use any Beta Feature at any time for any reason.

4.5 Third-Party Content.

The Application may contain links to third party websites, advertisers, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

4.6 Free Trial (Free Plan).

Any access to or use of the Application and Services through a Free Plan, as may be offered from time to time, is furnished solely for the user’s limited evaluation of the Application’s features and functionality. The Free Plan shall continue for seven (7) days from the date of activation, or for such other period of time as expressly set forth at the time the user registers for access to the Free Plan. The Free Plan is provided strictly “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and the Company expressly disclaims, to the maximum extent permitted by law, all representations, conditions, and warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge and agree that: (i) the Free Plan may be modified, suspended, or terminated by the Company at any time, with or without notice, and without liability of any kind; (ii) the Free Plan may be subject to limitations on features, functionality, data storage, and/or duration, and the Company makes no commitment to retain or migrate any user data, content, or configurations entered, uploaded, or generated during the Free Plan period; and (iii) you assume all risks arising out of your use of the Free Plan subscription, and the Company shall have no liability for any direct, indirect, incidental, consequential, special, or exemplary damages of any kind, even if advised of the possibility of such damages; and; (iv) continued access to the Application following expiration or termination of the Free Plan requires your payment for and compliance with a Paid Plan or other binding contract with the Company. UPON EXPIRATION OF A FREE PLAN, I.E., EXPIRATION OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN, A USER WILL BE AUTOMATICALLY REGISTERED AND CHARGED/BILLED FOR THE PAID PLAN, USING THE USER’S PAYMENT CARD (AS DEFINED BELOW) ON FILE WITH THE COMPANY AND AT THE THEN-CURRENT ‘MONTHLY’ PRICE LISTING (AS DEFINED BELOW), UNLESS THE USER CANCELS THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLICATION OR, AS APPLICABLE, BY CANCELLING THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLE APP STORE OR GOOGLE PLAY STORE AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN. Your subscription to a Free Plan constitutes your acceptance of this disclaimer and these Terms. Please review Section 9 below which contain additional terms related to a Free Plan.

5. User Restrictions and Obligations; Disclaimers.

5.1 Restrictions on Use.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Except as otherwise expressly permitted in these Terms, you shall not, at any time, directly or indirectly:

 

License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Application available to any third party in any way;

 

(ii) Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Services, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Application in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Application;

 

(iii) Modify, remove, or obstruct any proprietary rights statement or notice contained within the Application;

 

(iv) “Crawl,” “scrape,” or “spider” any data or portion of the Application (through use of manual or automated means);

 

(v) Send or store on the Application (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

 

(vi) Attempt to gain unauthorized access to the Application or its related systems or networks;

 

(vii) Access the Application if you are a direct competitor of the Company unless the Company agrees in writing before you access the Application;

 

(viii) Share passwords or provide false identity information to access or use the Services;

 

(ix) Remove, delete, add to, alter, or obscure any part or aspect of the Application or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Application;

 

(x) Challenge, or cause, induce, authorize, or assist any person/entity to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights (as defined below) in and to the Application and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;

 

(xi) Under or in connection with any part of these Terms or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;

 

(xii) Use the Application in a way prohibited by applicable law;

 

(xiii) Use the Application in a way that could materially harm the functionality or performance of the Services;

 

(xiv) Permit unauthorized third parties to obtain access to the Application;

 

(xv) Use or access the Services in a manner that fails to comply with these Terms, or any related documentation provided by the Company;

 

(xvi) Hack or break any security mechanism on the Application;

 

(xvii) Use the Services or any data obtained through the Services in a false or misleading manner, or in any manner inconsistent with these Terms; or

 

(xviii) Attempt to access the Application by any means other than through the interface that is provided by the Company.

5.2 No Medical Advice.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY IS NOT A LICENSED MEDICAL PROFESSIONAL, HEALTHCARE PROVIDER, OR PHYSICIAN, AND USE OF THE SERVICES DOES NOT CREATE A DOCTOR–PATIENT OR HEALTHCARE PROVIDER–PATIENT RELATIONSHIP. THE INFORMATION MADE AVAILABLE THROUGH THE APPLICATION IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.

5.3 AI-Powered Functionalities.

The Services may incorporate artificial intelligence (“AI”) as part of its functionality, including, without limitation, to automate certain processes, generate recommendations, analyze data, create content, or enhance user experience (collectively, the “AI Features”). By accessing or using the Services, you acknowledge and agree that the Company may use such AI Features in connection with the provision of the Services. While the Company strives to ensure that its AI Features operate accurately and effectively, the AI outputs may not always be complete, current, or free from error. AI-generated recommendations, information, or content should not be relied upon as the sole basis for decision-making. Users are responsible for exercising independent judgment when reviewing or acting on any AI-generated output. The AI Features are provided “as is” and “as available.” The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or legality of any AI-generated content. To the fullest extent permitted by law, the Company disclaims all liability arising from any reliance placed on AI outputs or recommendations.

6. User Content

6.1 Acknowledgements.

The Services are designed to present users only with predefined, enumerated response options in connection with surveys, questionnaires, or other prompts. Users are not provided with the ability to enter free-form text, upload content, or otherwise submit custom responses through the Application’s intended functionality. Notwithstanding the foregoing, to the extent any user content, data, text, or other material is submitted, transmitted, or made available through the Application by any means, whether intentionally, unintentionally, through misuse of the Application, technical error, circumvention of safeguards, or otherwise, such content shall be deemed “User Content” under these Terms. The Company does not control, endorse, verify, or assume responsibility for any User Content, and expressly disclaims all liability arising from or related to such User Content to the fullest extent permitted by law. Users remain solely responsible for any User Content they submit or cause to be submitted, including compliance with applicable laws and regulations.

6.2 User Content License.

For the period which you maintain an active Subscription Plan, you expressly grant to the Company a worldwide, non-exclusive, non-transferable, non-assignable (except as set forth in Section 17.6), royalty free license to access and use User Content, to provide and monitor the Services.

6.3 User Usage Data.

You acknowledge and agree that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Application, the Services, and about equipment on which the Application is installed or through which it otherwise is accessed and used (the “User Usage Data”). The Company may compile, use, reproduce, and disclose the User Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with these Terms and the Company’s Privacy Policy, provided that such User Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any user. The Company retains all rights, title, and interest in and to such User Usage Data and the Company’s right to use such User Usage Data will survive termination of these Terms.

6.4 Third Party Use.

The Company may access, use, and provide third parties with access and use to the User Usage Data for the following enumerated purposes: (i) making the Services functional and usable for its users; (ii) improving the performance of the Services; (iii) developing updates, new versions, and new Services’ offerings; and/or (iv) verifying a user’s compliance with these Terms and enforcing the Company’s rights, including all Intellectual Property Rights in and to the Application and Services.

7. Personal Data

(a) You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals in connection with these Terms or the Services and pursuant to our Privacy Policy. Accordingly, you represent and warrant that your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.

 

(b) The Services are intended solely for general wellness, self-reflection, and informational purposes. The Services do not provide medical, clinical, diagnostic, or therapeutic services, and are not designed to collect, store, process, or require “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or comparable state or international health privacy laws. Users are not required or encouraged to submit medical information, health records, diagnoses, treatment information, biometric identifiers, insurance information, or any other information that would constitute PHI. Any inputs provided through the Services (including, for example, subjective wellness or mood indicators such as numerical self-ratings) are voluntarily submitted, non-clinical, and self-reported, and are not reviewed, monitored, or validated by medical professionals. To the extent a user voluntarily submits information that could be deemed PHI or sensitive health information, such submission is at the user’s sole discretion and risk. The Company disclaims all responsibility and liability arising from any such submission and shall have no obligations under HIPAA or similar laws with respect to such information, as the Company is not acting as a covered entity, healthcare provider, or business associate, as those terms are defined under HIPAA. By using the Services, the user acknowledges and agrees that the Company does not assume any duty of care associated with the handling of PHI and that the user is solely responsible for determining whether to share any personal or health-related information through the Services.

8. Intellectual Property Rights.

You hereby acknowledge and agree as follows:(i) These Terms are not a sale and do not give you any rights of ownership in, or related to, the Application, the Services, or the Company’s Intellectual Property Rights (as defined below);

 

(ii) You agree to not assert or cause any other party to assert any right, title, or interest in or to the Application, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights;

 

(iii) The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Application, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Application, including all Intellectual Property Rights associated with the foregoing; and

 

(iv) If you provide the Company with any feedback or suggestions about the Application, the Services, or otherwise (the “Feedback”), the Company may use the Feedback without obligation to you, and you irrevocably assign to the Company all right, title, and interest in and to the Feedback

 

For purposes of these Terms, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.

9. Subscription Pricing and Payment.

9.1 Subscription Plan Payment Terms.

Unless otherwise expressly stipulated by us in a separate and duly executed agreement with you, the Application and all Services are licensed (but not sold) to you and are offered on a recurring subscription basis via a Subscription Plan. By electing to license and use the Services under one of our Subscription Plans, you agree to pay the Subscription Fees (as defined below) pursuant to the Subscription Plan that you select and be subject to any limitations of such selected Subscription Plan set forth herein or via the Services.

9.2 Subscription Fees.

You agree to pay us all fees (the “Subscription Fees”) for your access to, and use of, the Services associated with the Subscription Plan that you select and purchase from us, in accordance with the payment terms set forth in this Section 9. Our current fees are available to view via the Apple App Store or Google Play Store listing (the “Price Listing”). To the extent we provide other features or services for which we charge additional/separate Subscription Fees or other fees, generally, that are not listed in the pricing terms set forth in the Price Listing, we will provide you with notice of such additional additional/separate Subscription Fees or other fees prior to providing you with such feature or service (for example, by displaying the additional Subscription Fees to you, for your review and acceptance, within your designated Account or through your account registered with the Apple App Store or Google Play Store.

9.3 Subscription Period.

Each Subscription Plan that we offer shall be subject to a specific term for which such Subscription Plan will be in effect (the “Subscription Period”). The Subscription Period for your Subscription Plan begins on the date on which we provide you with access to the Services via a paid (or free trial) Subscription Plan (the “Subscription Start Date”). Upon conclusion of your Subscription Period then in effect, your paid Subscription Plan shall automatically renew for a subsequent Subscription Period equal in duration to the concluded Subscription Period, unless you elect to terminate or not renew your Subscription Plan, as provided in these Terms. We will automatically charge you the applicable Subscription Fee for the next Subscription Period upon each renewal, pursuant to the payment terms of your Subscription Plan.

9.4 Payment of Subscription Fees.

Unless otherwise expressly stipulated by us on the Price Listing or in a separate and duly-executed agreement with you, the Subscription Fees will be based upon the Subscription Plan that you select and shall be due and payable on a monthly basis, or on any other basis which we may offer from time to time. Each monthly Subscription Fees payment shall be due in advance, initially on the Subscription Start Date, and subsequently on the same date each subsequent month while your Subscription Plan is in effect. We reserve the right to amend or cancel the month-to-month option, or any other option which we may provide from time to time, for our Subscription Plans at any time, in our sole discretion, provided that the foregoing changes will not take effect during your current Subscription Period.

9.5 Payment Card.

To use our Services, you must provide to us and maintain at all times a valid, current credit or debit card (a “Payment Card”) and related billing information as a condition to using the Services, and we will automatically charge your Payment Card for any Subscription Fees due, without the requirement of your signature or any additional action on your part. You expressly authorize us to charge automatically your Payment Card for all Subscription Fees owed and due to us in connection with the Services and the Subscription Plan selected. Payments of Subscription Fees are processed by third-party platform providers, including the Apple App Store and the Google Play Store, as applicable, or as selected by us from time to time. Such payments are processed directly by the applicable platform provider (i.e., Apple or Google) and are governed by that provider’s terms of service and privacy policy (see below). For the avoidance of doubt, the Company does not receive, store, or process users’ credit card or other payment card information, and such information is never stored on the Company’s systems or servers.

9.5.1 Apple App Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our iOS mobile application, as available, on the Apple App Store, Subscription Fees will be charged to the user's Apple ID Account at confirmation of purchase in compliance with Apple's terms and conditions and privacy policy. We recommend that you familiarize yourself with Apple’s terms of payment for Apple’s in-app subscriptions. If a purchase is made from our iOS mobile application, a refund is only possible in compliance with the App Store policy. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plan in the App Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.5.2 Google Play Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our Android mobile application, if available, on the Google Play Store, Subscription Fees will be charged to the user’s Google Play Account at confirmation of purchase in compliance with Google Play’s terms of use, privacy policy and any applicable payment terms, in particular the response on Google Play refunds. We recommend that you familiarize yourself with the terms of payment for Google Play in-app subscriptions. If a purchase is made from our Android mobile application, a refund is only possible in compliance with Google Play policies. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plans in the Google Play Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.6 Additional Payment Terms.

Payment of all Subscription Fees are due in advance, unless otherwise noted in the applicable Price Listing. We have no obligation to perform under these Terms during any period in which all applicable Subscription Fees due have not been paid in full.

9.7 Price Changes.

The Company may, in its sole discretion, amend its Subscription Fees and pricing structure for payment of Subscription Fees in connection with the Services and its Subscription Plans. All changes in Subscription Fees shall be communicated by the Company to you, as a user with an active Account, no less than ten (10) days prior to the effective date of such change. Notwithstanding anything to the contrary herein, changes to Subscription Fees due will take effect only upon the renewal of a Subscription Period under a specific Subscription Plan.

9.8 Taxes Excluded.

Our Subscription Fees do not include, and we are not responsible for, (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the Services, including, without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the Subscription Fees or your use of Services. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

9.9 No Refunds.

No refunds of Subscription Fees will be provided for any reason, unless provided herein or specifically authorized by the Company on a case by case basis and in its sole discretion. ALL AMOUNTS PAID BY YOU FOR SERVICES ARE FINAL AND NON-REFUNDABLE.

10. Termination; Effect of Termination; Suspension. 

These Terms become effective on the date on which you purchase a Subscription Plan to, register for, login to, access, use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.

10.1 Termination by Non-Renewal.

You may elect to not renew your Subscription Plan to the Services by providing notice to us by deleting your Account or by cancelling your Subscription through the Application or, as applicable, the Apple App Store or Google Play Store, at least twenty-four (24) hours prior to the conclusion of the Subscription Period then in effect (a “Non-Renewal Termination”), whereby, immediately thereafter, the Terms shall automatically terminate, subject to Section 10.4.

10.2 Termination or Suspension by Us.

Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you (including failure to make any payment when due); (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof) or with any other user’s use of the Services (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive, or abusive use of the Services, our systems, or resources; or (iii) the Company electing to dissolve it’s company for any reason or the Company seeking to no longer provide certain offerings for any reason. Except for our termination of these Terms under Section 10.2(iii), neither termination of these Terms nor suspension of your use of the Service relieves you of your obligation to pay amounts due to us.

10.3 Effect of Termination.

Termination of these Terms for any reason also terminates all of your rights to access and use any and all Services and the Application. If you cancel your Subscription Plan for convenience before the end of the current Subscription Period, the Subscription Fees for that Subscription Period are non-refundable and remain due.

10.4 SURVIVAL.

ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION), INCLUDING WITHOUT LIMITATION, SECTIONS 5, 7-9, AND 12-16, WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.

11. Security Breach.

If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at info@innerspacewellness.app and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

12. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT, EXCEPT AS SPECIFICALLY STATED IN THESE TERMS, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND NOT SPECIFICALLY STATED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION 12 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES SUFFICIENT FOR THE FOR YOUR PURPOSES.

13. Disclaimer of Damages.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION OR SERVICES, OR ANY OTHER PRODUCT, SERVICE, CONTENT, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, ANY NEGLIGENCE OF OURS), INCLUDING THE FAILURE OF ESSENTIAL PURPOSE AND WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.13. Disclaimer of Damages.

14. Limitation of Liability.

THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS UNDER, IN CONNECTION WITH, OR ARISING OUT OF THIS TERMS OR THE APPLICATION OR SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE SUBSCRIPTION FEES RECEIVED BY THE COMPANY FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnity.

You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents, to the fullest extent permissible under law, from and against any and all third party claims and resulting costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your: (i) misuse or unlawful use of the Application or Services, (ii) breach of Section 3 (User Account), (iii) breach of Section 5.1 (Restrictions on Use), (iv) breach of Section 7(a) (Personal Data), or (v) breach of Section 8 (Intellectual Property Rights).

16. Dispute Resolution.

16.1 Binding Arbitration.

Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Asheville, North Carolina and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under these Terms, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the principles of North Carolina law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of these Terms, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.

16.2 Arbitration Opt-out.

You can opt out of this provision within thirty (30) days of the date that you initially agreed to these Terms. To opt out, you must send your username and email address that you use for your Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to:  Inner Space Applications LLC, ATTN: Inner Space Arbitration Opt-out, info@innerspacewellness.app

16.3 Enforcement of Company’s Intellectual Property.

You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 16, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.

16.4 Arbitration Agreement Survival.

THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.

17. Miscellaneous.

17.1 Governing Law.

The interpretation and enforcement of these Terms, and any dispute related to these Terms, will be governed by and construed and enforced in accordance with the laws of State of North Carolina (US), without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17.2 Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.3 Severability.

If any provision set forth in these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

17.4 Notices.

We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Account on the Application or (ii) via electronic mail to your contact information on record with us in connection with Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Application (for example, changes to your Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:

 

Inner Space Applications LLC

Attn: Terms of Service Notices

Email: info@innerspacewellness.app

17.5 Waiver.

The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.

17.6 Assignment.

These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of your rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate these Terms and our obligations hereunder at any time, in our sole discretion.

17.7 Entire Agreement.

The current and present version of these Terms constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.[End of Terms of Service]

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INNER SPACE APPLICATIONS LLC

TERMS OF SERVICE

Last Updated: February 19, 2026

These Terms of Service, and any terms and policies expressly incorporated herein (these “Terms”) constitute a binding contract by and between Inner Space Applications LLC, a North Carolina limited liability company (the “Company”, “Inner Space”, “we”, “us”, or “our”) and you (“you”, “your”, “yours”, or “user”), and it governs your use of, access to, and interaction with us and the Inner Space Wellness  mobile application form, available for download as ‘Inner Space Wellness’ via the Apple App Store and Google Play Store (the “Application”), which provides a suite of integrated tools and services designed to aid in a user’s mental wellness journey through tracking various wellness measures and prompting activities to help fulfill a user’s wellness goals, and to provide certain other related services and resources, pursuant to either an active Free Plan, Paid Plan, or any other Subscription Plan (each as defined below) that we may offer from time to time (collectively, the “Services”). Throughout these Terms, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.”

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS, AND AGREE TO BE BOUND THEREBY.

 

 

IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO IT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE APPLICATION. ACCESSING OR USING THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Your access to and use of our Application or Services is also subject to our Privacy Policy, as amended from time to time (the “Privacy Policy”), and which is incorporated herein by reference. By accessing or using the Application or Services, you consent to the terms of the Privacy Policy.

 

We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Application or Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments/updates thereto) each time that you sign into your Account (as defined below), or otherwise access or use the Application. Therefore, we encourage you to review these Terms regularly.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES OF AMERICA: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Modification to Agreement.

We may modify these Terms by providing notice through the Application or by updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop accessing and using the Application and the Services. We encourage you to frequently review these Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Application and the Services.

2. Inner Space Services Overview.

The Company provides users, via its Application, with certain access to and use of its mental and emotional wellness check-in and activity tools and services via the currently available offerings listed below which are designed to aid users in tracking their self-reported moods, wellness, and emotional responses to prompted wellness-related activities. Specifically, the Application enables users to respond to and review results from mental wellness surveys, plan for increased or stable personal wellness, and interact with articles and other resources to aid in the user’s wellness journey, as available. The Company offers its Services to users on a subscription basis (each, a “Subscription Plan”) as follows, subject to any use or access limitations set forth herein or via the Services:

 

(i) Free Plan. A free account to access the Application, intended for an individual user seeking to engage with the Application for a limited period of time to trial the Services prior to purchase (the, “Free Plan”).

 

(ii) Paid Plan. A paid account to access the Application, intended for an individual user who seeks to access the Application and Services longer than the allotted Free Plan timing or subsequent to completing a Free Plan subscription (the “Paid Plan”).

3. User Account.

3.1 Account Registration.

In order to access and use the Services, you must provide all information that we reasonably request to establish, register, and confirm your account (an “Account”). You will have the ability to create and manage your Account via the Application; whereby you will:  (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of your Account or any other breach of security, and (e) exit from your Account at the end of each use.

3.2 Account Information.

As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Application access and such accompanying Services or to perform under (or to exercise our rights under) these Terms. We have the right to refuse your registration or suspend or terminate your use of the Application and the Services if you fail to provide the requested information and to keep it current, complete, truthful, and accurate at all times.  

3.3 Account Responsibility.

You are responsible for keeping your Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Account. You should use particular caution when accessing your Account so as not to provide third parties with your Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3.4 Access and Devices.

You are responsible for obtaining the access necessary to use the Application, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application, its Services, and any updates thereto. We do not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. Further, we neither represent nor warrant that the Application and Services will be accessible through all versions of smartphone and tablets. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

3.5 Disabling Accounts.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Application or infringe or violate any third-party rights, or violate any applicable laws or regulations.

4. Services.

4.1 Application License Grant.

Subject to the terms and conditions of these Terms, and based on your selected Subscription Plan and solely for the duration which you maintain such active Subscription Plan, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Application and such accompanying Services as such Services may be modified, revised, and updated in accordance with these Terms (the “License”). The foregoing License, specifically your continued access to the Application and use of its Services, will terminate immediately upon your election to terminate the License, i.e., your election to delete your Account, as well as upon the non-renewal of your Subscription Plan.

4.2 Maintenance.

You acknowledge that certain maintenance activities regarding the Application may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new tools. In most instances, our infrastructure is designed to support updates by our engineering and support teams without the need to interrupt the Services. Where such maintenance activities are not reasonably anticipated to materially impact your use of the Services, we will have no obligation to provide notice to you regarding such maintenance activities. We will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours.

4.3 Modifications to Services.

We may update, add, modify, or discontinue any aspect, feature, functionality or any other tool, within the Application, at our own discretion and without further notice; however, if we make any material adverse change to the Application or the Services, including to the core functionality of the Application, then we will notify you by posting/sending an announcement via the Application or by sending you an email. You expressly acknowledge and understand that the Application or various aspects of the Services may occasionally be unavailable due to upgrades, modifications, maintenance, or other work required or necessary, as determined by the Company in its sole and absolute discretion, with respect to Application’s functionality. You further expressly acknowledge and understand that access to the Application may be delayed or slowed due to Internet traffic and other issues beyond the Company’s reasonable control.

4.4 Beta Features.

We may, at our sole discretion, make certain features and/or services available to the you on a test basis which will be clearly designated as beta, pilot, limited release, non-production or by similar description (“Beta Feature”). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that a Beta Feature is provided on an “as is” and “as available” basis without any liability and indemnity obligations, warranty, support, maintenance, or service level obligations of any kind. We do not guarantee that future versions of a Beta Feature will be released or that if such Beta Feature is made generally available, it will be substantially similar to the current Beta Feature. We may terminate your right to use any Beta Feature at any time for any reason.

4.5 Third-Party Content.

The Application may contain links to third party websites, advertisers, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

4.6 Free Trial (Free Plan).

Any access to or use of the Application and Services through a Free Plan, as may be offered from time to time, is furnished solely for the user’s limited evaluation of the Application’s features and functionality. The Free Plan shall continue for seven (7) days from the date of activation, or for such other period of time as expressly set forth at the time the user registers for access to the Free Plan. The Free Plan is provided strictly “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and the Company expressly disclaims, to the maximum extent permitted by law, all representations, conditions, and warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge and agree that: (i) the Free Plan may be modified, suspended, or terminated by the Company at any time, with or without notice, and without liability of any kind; (ii) the Free Plan may be subject to limitations on features, functionality, data storage, and/or duration, and the Company makes no commitment to retain or migrate any user data, content, or configurations entered, uploaded, or generated during the Free Plan period; and (iii) you assume all risks arising out of your use of the Free Plan subscription, and the Company shall have no liability for any direct, indirect, incidental, consequential, special, or exemplary damages of any kind, even if advised of the possibility of such damages; and; (iv) continued access to the Application following expiration or termination of the Free Plan requires your payment for and compliance with a Paid Plan or other binding contract with the Company. UPON EXPIRATION OF A FREE PLAN, I.E., EXPIRATION OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN, A USER WILL BE AUTOMATICALLY REGISTERED AND CHARGED/BILLED FOR THE PAID PLAN, USING THE USER’S PAYMENT CARD (AS DEFINED BELOW) ON FILE WITH THE COMPANY AND AT THE THEN-CURRENT ‘MONTHLY’ PRICE LISTING (AS DEFINED BELOW), UNLESS THE USER CANCELS THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLICATION OR, AS APPLICABLE, BY CANCELLING THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLE APP STORE OR GOOGLE PLAY STORE AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN. Your subscription to a Free Plan constitutes your acceptance of this disclaimer and these Terms. Please review Section 9 below which contain additional terms related to a Free Plan.

5. User Restrictions and Obligations; Disclaimers.

5.1 Restrictions on Use.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Except as otherwise expressly permitted in these Terms, you shall not, at any time, directly or indirectly:

 

License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Application available to any third party in any way;

 

(ii) Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Services, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Application in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Application;

 

(iii) Modify, remove, or obstruct any proprietary rights statement or notice contained within the Application;

 

(iv) “Crawl,” “scrape,” or “spider” any data or portion of the Application (through use of manual or automated means);

 

(v) Send or store on the Application (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

 

(vi) Attempt to gain unauthorized access to the Application or its related systems or networks;

 

(vii) Access the Application if you are a direct competitor of the Company unless the Company agrees in writing before you access the Application;

 

(viii) Share passwords or provide false identity information to access or use the Services;

 

(ix) Remove, delete, add to, alter, or obscure any part or aspect of the Application or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Application;

 

(x) Challenge, or cause, induce, authorize, or assist any person/entity to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights (as defined below) in and to the Application and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;

 

(xi) Under or in connection with any part of these Terms or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;

 

(xii) Use the Application in a way prohibited by applicable law;

 

(xiii) Use the Application in a way that could materially harm the functionality or performance of the Services;

 

(xiv) Permit unauthorized third parties to obtain access to the Application;

 

(xv) Use or access the Services in a manner that fails to comply with these Terms, or any related documentation provided by the Company;

 

(xvi) Hack or break any security mechanism on the Application;

 

(xvii) Use the Services or any data obtained through the Services in a false or misleading manner, or in any manner inconsistent with these Terms; or

 

(xviii) Attempt to access the Application by any means other than through the interface that is provided by the Company.

5.2 No Medical Advice.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY IS NOT A LICENSED MEDICAL PROFESSIONAL, HEALTHCARE PROVIDER, OR PHYSICIAN, AND USE OF THE SERVICES DOES NOT CREATE A DOCTOR–PATIENT OR HEALTHCARE PROVIDER–PATIENT RELATIONSHIP. THE INFORMATION MADE AVAILABLE THROUGH THE APPLICATION IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.

5.3 AI-Powered Functionalities.

The Services may incorporate artificial intelligence (“AI”) as part of its functionality, including, without limitation, to automate certain processes, generate recommendations, analyze data, create content, or enhance user experience (collectively, the “AI Features”). By accessing or using the Services, you acknowledge and agree that the Company may use such AI Features in connection with the provision of the Services. While the Company strives to ensure that its AI Features operate accurately and effectively, the AI outputs may not always be complete, current, or free from error. AI-generated recommendations, information, or content should not be relied upon as the sole basis for decision-making. Users are responsible for exercising independent judgment when reviewing or acting on any AI-generated output. The AI Features are provided “as is” and “as available.” The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or legality of any AI-generated content. To the fullest extent permitted by law, the Company disclaims all liability arising from any reliance placed on AI outputs or recommendations.

6. User Content

6.1 Acknowledgements.

The Services are designed to present users only with predefined, enumerated response options in connection with surveys, questionnaires, or other prompts. Users are not provided with the ability to enter free-form text, upload content, or otherwise submit custom responses through the Application’s intended functionality. Notwithstanding the foregoing, to the extent any user content, data, text, or other material is submitted, transmitted, or made available through the Application by any means, whether intentionally, unintentionally, through misuse of the Application, technical error, circumvention of safeguards, or otherwise, such content shall be deemed “User Content” under these Terms. The Company does not control, endorse, verify, or assume responsibility for any User Content, and expressly disclaims all liability arising from or related to such User Content to the fullest extent permitted by law. Users remain solely responsible for any User Content they submit or cause to be submitted, including compliance with applicable laws and regulations.

6.2 User Content License.

For the period which you maintain an active Subscription Plan, you expressly grant to the Company a worldwide, non-exclusive, non-transferable, non-assignable (except as set forth in Section 17.6), royalty free license to access and use User Content, to provide and monitor the Services.

6.3 User Usage Data.

You acknowledge and agree that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Application, the Services, and about equipment on which the Application is installed or through which it otherwise is accessed and used (the “User Usage Data”). The Company may compile, use, reproduce, and disclose the User Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with these Terms and the Company’s Privacy Policy, provided that such User Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any user. The Company retains all rights, title, and interest in and to such User Usage Data and the Company’s right to use such User Usage Data will survive termination of these Terms.

6.4 Third Party Use.

The Company may access, use, and provide third parties with access and use to the User Usage Data for the following enumerated purposes: (i) making the Services functional and usable for its users; (ii) improving the performance of the Services; (iii) developing updates, new versions, and new Services’ offerings; and/or (iv) verifying a user’s compliance with these Terms and enforcing the Company’s rights, including all Intellectual Property Rights in and to the Application and Services.

7. Personal Data

(a) You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals in connection with these Terms or the Services and pursuant to our Privacy Policy. Accordingly, you represent and warrant that your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.

 

(b) The Services are intended solely for general wellness, self-reflection, and informational purposes. The Services do not provide medical, clinical, diagnostic, or therapeutic services, and are not designed to collect, store, process, or require “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or comparable state or international health privacy laws. Users are not required or encouraged to submit medical information, health records, diagnoses, treatment information, biometric identifiers, insurance information, or any other information that would constitute PHI. Any inputs provided through the Services (including, for example, subjective wellness or mood indicators such as numerical self-ratings) are voluntarily submitted, non-clinical, and self-reported, and are not reviewed, monitored, or validated by medical professionals. To the extent a user voluntarily submits information that could be deemed PHI or sensitive health information, such submission is at the user’s sole discretion and risk. The Company disclaims all responsibility and liability arising from any such submission and shall have no obligations under HIPAA or similar laws with respect to such information, as the Company is not acting as a covered entity, healthcare provider, or business associate, as those terms are defined under HIPAA. By using the Services, the user acknowledges and agrees that the Company does not assume any duty of care associated with the handling of PHI and that the user is solely responsible for determining whether to share any personal or health-related information through the Services.

8. Intellectual Property Rights.

You hereby acknowledge and agree as follows:(i) These Terms are not a sale and do not give you any rights of ownership in, or related to, the Application, the Services, or the Company’s Intellectual Property Rights (as defined below);

 

(ii) You agree to not assert or cause any other party to assert any right, title, or interest in or to the Application, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights;

 

(iii) The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Application, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Application, including all Intellectual Property Rights associated with the foregoing; and

 

(iv) If you provide the Company with any feedback or suggestions about the Application, the Services, or otherwise (the “Feedback”), the Company may use the Feedback without obligation to you, and you irrevocably assign to the Company all right, title, and interest in and to the Feedback

 

For purposes of these Terms, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.

9. Subscription Pricing and Payment.

9.1 Subscription Plan Payment Terms.

Unless otherwise expressly stipulated by us in a separate and duly executed agreement with you, the Application and all Services are licensed (but not sold) to you and are offered on a recurring subscription basis via a Subscription Plan. By electing to license and use the Services under one of our Subscription Plans, you agree to pay the Subscription Fees (as defined below) pursuant to the Subscription Plan that you select and be subject to any limitations of such selected Subscription Plan set forth herein or via the Services.

9.2 Subscription Fees.

You agree to pay us all fees (the “Subscription Fees”) for your access to, and use of, the Services associated with the Subscription Plan that you select and purchase from us, in accordance with the payment terms set forth in this Section 9. Our current fees are available to view via the Apple App Store or Google Play Store listing (the “Price Listing”). To the extent we provide other features or services for which we charge additional/separate Subscription Fees or other fees, generally, that are not listed in the pricing terms set forth in the Price Listing, we will provide you with notice of such additional additional/separate Subscription Fees or other fees prior to providing you with such feature or service (for example, by displaying the additional Subscription Fees to you, for your review and acceptance, within your designated Account or through your account registered with the Apple App Store or Google Play Store.

9.3 Subscription Period.

Each Subscription Plan that we offer shall be subject to a specific term for which such Subscription Plan will be in effect (the “Subscription Period”). The Subscription Period for your Subscription Plan begins on the date on which we provide you with access to the Services via a paid (or free trial) Subscription Plan (the “Subscription Start Date”). Upon conclusion of your Subscription Period then in effect, your paid Subscription Plan shall automatically renew for a subsequent Subscription Period equal in duration to the concluded Subscription Period, unless you elect to terminate or not renew your Subscription Plan, as provided in these Terms. We will automatically charge you the applicable Subscription Fee for the next Subscription Period upon each renewal, pursuant to the payment terms of your Subscription Plan.

9.4 Payment of Subscription Fees.

Unless otherwise expressly stipulated by us on the Price Listing or in a separate and duly-executed agreement with you, the Subscription Fees will be based upon the Subscription Plan that you select and shall be due and payable on a monthly basis, or on any other basis which we may offer from time to time. Each monthly Subscription Fees payment shall be due in advance, initially on the Subscription Start Date, and subsequently on the same date each subsequent month while your Subscription Plan is in effect. We reserve the right to amend or cancel the month-to-month option, or any other option which we may provide from time to time, for our Subscription Plans at any time, in our sole discretion, provided that the foregoing changes will not take effect during your current Subscription Period.

9.5 Payment Card.

To use our Services, you must provide to us and maintain at all times a valid, current credit or debit card (a “Payment Card”) and related billing information as a condition to using the Services, and we will automatically charge your Payment Card for any Subscription Fees due, without the requirement of your signature or any additional action on your part. You expressly authorize us to charge automatically your Payment Card for all Subscription Fees owed and due to us in connection with the Services and the Subscription Plan selected. Payments of Subscription Fees are processed by third-party platform providers, including the Apple App Store and the Google Play Store, as applicable, or as selected by us from time to time. Such payments are processed directly by the applicable platform provider (i.e., Apple or Google) and are governed by that provider’s terms of service and privacy policy (see below). For the avoidance of doubt, the Company does not receive, store, or process users’ credit card or other payment card information, and such information is never stored on the Company’s systems or servers.

9.5.1 Apple App Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our iOS mobile application, as available, on the Apple App Store, Subscription Fees will be charged to the user's Apple ID Account at confirmation of purchase in compliance with Apple's terms and conditions and privacy policy. We recommend that you familiarize yourself with Apple’s terms of payment for Apple’s in-app subscriptions. If a purchase is made from our iOS mobile application, a refund is only possible in compliance with the App Store policy. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plan in the App Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.5.2 Google Play Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our Android mobile application, if available, on the Google Play Store, Subscription Fees will be charged to the user’s Google Play Account at confirmation of purchase in compliance with Google Play’s terms of useprivacy policy and any applicable payment terms, in particular the response on Google Play refunds. We recommend that you familiarize yourself with the terms of payment for Google Play in-app subscriptions. If a purchase is made from our Android mobile application, a refund is only possible in compliance with Google Play policies. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plans in the Google Play Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.6 Additional Payment Terms.

Payment of all Subscription Fees are due in advance, unless otherwise noted in the applicable Price Listing. We have no obligation to perform under these Terms during any period in which all applicable Subscription Fees due have not been paid in full.

9.7 Price Changes.

The Company may, in its sole discretion, amend its Subscription Fees and pricing structure for payment of Subscription Fees in connection with the Services and its Subscription Plans. All changes in Subscription Fees shall be communicated by the Company to you, as a user with an active Account, no less than ten (10) days prior to the effective date of such change. Notwithstanding anything to the contrary herein, changes to Subscription Fees due will take effect only upon the renewal of a Subscription Period under a specific Subscription Plan.

9.8 Taxes Excluded.

Our Subscription Fees do not include, and we are not responsible for, (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the Services, including, without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the Subscription Fees or your use of Services. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

9.9 No Refunds.

No refunds of Subscription Fees will be provided for any reason, unless provided herein or specifically authorized by the Company on a case by case basis and in its sole discretion. ALL AMOUNTS PAID BY YOU FOR SERVICES ARE FINAL AND NON-REFUNDABLE.

10. Termination; Effect of Termination; Suspension. 

These Terms become effective on the date on which you purchase a Subscription Plan to, register for, login to, access, use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.

10.1 Termination by Non-Renewal.

You may elect to not renew your Subscription Plan to the Services by providing notice to us by deleting your Account or by cancelling your Subscription through the Application or, as applicable, the Apple App Store or Google Play Store, at least twenty-four (24) hours prior to the conclusion of the Subscription Period then in effect (a “Non-Renewal Termination”), whereby, immediately thereafter, the Terms shall automatically terminate, subject to Section 10.4.

10.2 Termination or Suspension by Us.

Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you (including failure to make any payment when due); (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof) or with any other user’s use of the Services (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive, or abusive use of the Services, our systems, or resources; or (iii) the Company electing to dissolve it’s company for any reason or the Company seeking to no longer provide certain offerings for any reason. Except for our termination of these Terms under Section 10.2(iii), neither termination of these Terms nor suspension of your use of the Service relieves you of your obligation to pay amounts due to us.

10.3 Effect of Termination.

Termination of these Terms for any reason also terminates all of your rights to access and use any and all Services and the Application. If you cancel your Subscription Plan for convenience before the end of the current Subscription Period, the Subscription Fees for that Subscription Period are non-refundable and remain due.

10.4 SURVIVAL.

ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION), INCLUDING WITHOUT LIMITATION, SECTIONS 5, 7-9, AND 12-16, WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.

11. Security Breach.

If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at info@innerspacewellness.app and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

12. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT, EXCEPT AS SPECIFICALLY STATED IN THESE TERMS, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND NOT SPECIFICALLY STATED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION 12 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES SUFFICIENT FOR THE FOR YOUR PURPOSES.

13. Disclaimer of Damages.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION OR SERVICES, OR ANY OTHER PRODUCT, SERVICE, CONTENT, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, ANY NEGLIGENCE OF OURS), INCLUDING THE FAILURE OF ESSENTIAL PURPOSE AND WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.13. Disclaimer of Damages.

14. Limitation of Liability.

THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS UNDER, IN CONNECTION WITH, OR ARISING OUT OF THIS TERMS OR THE APPLICATION OR SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE SUBSCRIPTION FEES RECEIVED BY THE COMPANY FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnity.

You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents, to the fullest extent permissible under law, from and against any and all third party claims and resulting costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your: (i) misuse or unlawful use of the Application or Services, (ii) breach of Section 3 (User Account), (iii) breach of Section 5.1 (Restrictions on Use), (iv) breach of Section 7(a) (Personal Data), or (v) breach of Section 8 (Intellectual Property Rights).

16. Dispute Resolution.

16.1 Binding Arbitration.

Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Asheville, North Carolina and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under these Terms, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the principles of North Carolina law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of these Terms, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.

16.2 Arbitration Opt-out.

You can opt out of this provision within thirty (30) days of the date that you initially agreed to these Terms. To opt out, you must send your username and email address that you use for your Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to:  Inner Space Applications LLC, ATTN: Inner Space Arbitration Opt-out, info@innerspacewellness.app

16.3 Enforcement of Company’s Intellectual Property.

You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 16, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.

16.4 Arbitration Agreement Survival.

THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.

17. Miscellaneous.

17.1 Governing Law.

The interpretation and enforcement of these Terms, and any dispute related to these Terms, will be governed by and construed and enforced in accordance with the laws of State of North Carolina (US), without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17.2 Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.3 Severability.

If any provision set forth in these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

17.4 Notices.

We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Account on the Application or (ii) via electronic mail to your contact information on record with us in connection with Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Application (for example, changes to your Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:

 

Inner Space Applications LLC

Attn: Terms of Service Notices

Email: info@innerspacewellness.app

17.5 Waiver.

The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.

17.6 Assignment.

These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of your rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate these Terms and our obligations hereunder at any time, in our sole discretion.

17.7 Entire Agreement.

The current and present version of these Terms constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.[End of Terms of Service]

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INNER SPACE APPLICATIONS LLC

TERMS OF SERVICE

Last Updated: February 19, 2026

These Terms of Service, and any terms and policies expressly incorporated herein (these “Terms”) constitute a binding contract by and between Inner Space Applications LLC, a North Carolina limited liability company (the “Company”, “Inner Space”, “we”, “us”, or “our”) and you (“you”, “your”, “yours”, or “user”), and it governs your use of, access to, and interaction with us and the Inner Space Wellness  mobile application form, available for download as ‘Inner Space Wellness’ via the Apple App Store and Google Play Store (the “Application”), which provides a suite of integrated tools and services designed to aid in a user’s mental wellness journey through tracking various wellness measures and prompting activities to help fulfill a user’s wellness goals, and to provide certain other related services and resources, pursuant to either an active Free Plan, Paid Plan, or any other Subscription Plan (each as defined below) that we may offer from time to time (collectively, the “Services”). Throughout these Terms, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.”

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS, AND AGREE TO BE BOUND THEREBY.

 

 

IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO IT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE APPLICATION. ACCESSING OR USING THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Your access to and use of our Application or Services is also subject to our Privacy Policy, as amended from time to time (the “Privacy Policy”), and which is incorporated herein by reference. By accessing or using the Application or Services, you consent to the terms of the Privacy Policy.

 

We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Application or Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments/updates thereto) each time that you sign into your Account (as defined below), or otherwise access or use the Application. Therefore, we encourage you to review these Terms regularly.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES OF AMERICA: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Modification to Agreement.

We may modify these Terms by providing notice through the Application or by updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop accessing and using the Application and the Services. We encourage you to frequently review these Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Application and the Services.

2. Inner Space Services Overview.

The Company provides users, via its Application, with certain access to and use of its mental and emotional wellness check-in and activity tools and services via the currently available offerings listed below which are designed to aid users in tracking their self-reported moods, wellness, and emotional responses to prompted wellness-related activities. Specifically, the Application enables users to respond to and review results from mental wellness surveys, plan for increased or stable personal wellness, and interact with articles and other resources to aid in the user’s wellness journey, as available. The Company offers its Services to users on a subscription basis (each, a “Subscription Plan”) as follows, subject to any use or access limitations set forth herein or via the Services:

 

(i) Free Plan. A free account to access the Application, intended for an individual user seeking to engage with the Application for a limited period of time to trial the Services prior to purchase (the, “Free Plan”).

 

(ii) Paid Plan. A paid account to access the Application, intended for an individual user who seeks to access the Application and Services longer than the allotted Free Plan timing or subsequent to completing a Free Plan subscription (the “Paid Plan”).

3. User Account.

3.1 Account Registration.

In order to access and use the Services, you must provide all information that we reasonably request to establish, register, and confirm your account (an “Account”). You will have the ability to create and manage your Account via the Application; whereby you will:  (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of your Account or any other breach of security, and (e) exit from your Account at the end of each use.

3.2 Account Information.

As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Application access and such accompanying Services or to perform under (or to exercise our rights under) these Terms. We have the right to refuse your registration or suspend or terminate your use of the Application and the Services if you fail to provide the requested information and to keep it current, complete, truthful, and accurate at all times.  

3.3 Account Responsibility.

You are responsible for keeping your Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Account. You should use particular caution when accessing your Account so as not to provide third parties with your Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3.4 Access and Devices.

You are responsible for obtaining the access necessary to use the Application, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application, its Services, and any updates thereto. We do not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. Further, we neither represent nor warrant that the Application and Services will be accessible through all versions of smartphone and tablets. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

3.5 Disabling Accounts.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Application or infringe or violate any third-party rights, or violate any applicable laws or regulations.

4. Services.

4.1 Application License Grant.

Subject to the terms and conditions of these Terms, and based on your selected Subscription Plan and solely for the duration which you maintain such active Subscription Plan, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Application and such accompanying Services as such Services may be modified, revised, and updated in accordance with these Terms (the “License”). The foregoing License, specifically your continued access to the Application and use of its Services, will terminate immediately upon your election to terminate the License, i.e., your election to delete your Account, as well as upon the non-renewal of your Subscription Plan.

4.2 Maintenance.

You acknowledge that certain maintenance activities regarding the Application may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new tools. In most instances, our infrastructure is designed to support updates by our engineering and support teams without the need to interrupt the Services. Where such maintenance activities are not reasonably anticipated to materially impact your use of the Services, we will have no obligation to provide notice to you regarding such maintenance activities. We will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours.

4.3 Modifications to Services.

We may update, add, modify, or discontinue any aspect, feature, functionality or any other tool, within the Application, at our own discretion and without further notice; however, if we make any material adverse change to the Application or the Services, including to the core functionality of the Application, then we will notify you by posting/sending an announcement via the Application or by sending you an email. You expressly acknowledge and understand that the Application or various aspects of the Services may occasionally be unavailable due to upgrades, modifications, maintenance, or other work required or necessary, as determined by the Company in its sole and absolute discretion, with respect to Application’s functionality. You further expressly acknowledge and understand that access to the Application may be delayed or slowed due to Internet traffic and other issues beyond the Company’s reasonable control.

4.4 Beta Features.

We may, at our sole discretion, make certain features and/or services available to the you on a test basis which will be clearly designated as beta, pilot, limited release, non-production or by similar description (“Beta Feature”). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that a Beta Feature is provided on an “as is” and “as available” basis without any liability and indemnity obligations, warranty, support, maintenance, or service level obligations of any kind. We do not guarantee that future versions of a Beta Feature will be released or that if such Beta Feature is made generally available, it will be substantially similar to the current Beta Feature. We may terminate your right to use any Beta Feature at any time for any reason.

4.5 Third-Party Content.

The Application may contain links to third party websites, advertisers, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

4.6 Free Trial (Free Plan).

Any access to or use of the Application and Services through a Free Plan, as may be offered from time to time, is furnished solely for the user’s limited evaluation of the Application’s features and functionality. The Free Plan shall continue for seven (7) days from the date of activation, or for such other period of time as expressly set forth at the time the user registers for access to the Free Plan. The Free Plan is provided strictly “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and the Company expressly disclaims, to the maximum extent permitted by law, all representations, conditions, and warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge and agree that: (i) the Free Plan may be modified, suspended, or terminated by the Company at any time, with or without notice, and without liability of any kind; (ii) the Free Plan may be subject to limitations on features, functionality, data storage, and/or duration, and the Company makes no commitment to retain or migrate any user data, content, or configurations entered, uploaded, or generated during the Free Plan period; and (iii) you assume all risks arising out of your use of the Free Plan subscription, and the Company shall have no liability for any direct, indirect, incidental, consequential, special, or exemplary damages of any kind, even if advised of the possibility of such damages; and; (iv) continued access to the Application following expiration or termination of the Free Plan requires your payment for and compliance with a Paid Plan or other binding contract with the Company. UPON EXPIRATION OF A FREE PLAN, I.E., EXPIRATION OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN, A USER WILL BE AUTOMATICALLY REGISTERED AND CHARGED/BILLED FOR THE PAID PLAN, USING THE USER’S PAYMENT CARD (AS DEFINED BELOW) ON FILE WITH THE COMPANY AND AT THE THEN-CURRENT ‘MONTHLY’ PRICE LISTING (AS DEFINED BELOW), UNLESS THE USER CANCELS THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLICATION OR, AS APPLICABLE, BY CANCELLING THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLE APP STORE OR GOOGLE PLAY STORE AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN. Your subscription to a Free Plan constitutes your acceptance of this disclaimer and these Terms. Please review Section 9 below which contain additional terms related to a Free Plan.

5. User Restrictions and Obligations; Disclaimers.

5.1 Restrictions on Use.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Except as otherwise expressly permitted in these Terms, you shall not, at any time, directly or indirectly:

 

License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Application available to any third party in any way;

 

(ii) Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Services, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Application in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Application;

 

(iii) Modify, remove, or obstruct any proprietary rights statement or notice contained within the Application;

 

(iv) “Crawl,” “scrape,” or “spider” any data or portion of the Application (through use of manual or automated means);

 

(v) Send or store on the Application (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

 

(vi) Attempt to gain unauthorized access to the Application or its related systems or networks;

 

(vii) Access the Application if you are a direct competitor of the Company unless the Company agrees in writing before you access the Application;

 

(viii) Share passwords or provide false identity information to access or use the Services;

 

(ix) Remove, delete, add to, alter, or obscure any part or aspect of the Application or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Application;

 

(x) Challenge, or cause, induce, authorize, or assist any person/entity to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights (as defined below) in and to the Application and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;

 

(xi) Under or in connection with any part of these Terms or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;

 

(xii) Use the Application in a way prohibited by applicable law;

 

(xiii) Use the Application in a way that could materially harm the functionality or performance of the Services;

 

(xiv) Permit unauthorized third parties to obtain access to the Application;

 

(xv) Use or access the Services in a manner that fails to comply with these Terms, or any related documentation provided by the Company;

 

(xvi) Hack or break any security mechanism on the Application;

 

(xvii) Use the Services or any data obtained through the Services in a false or misleading manner, or in any manner inconsistent with these Terms; or

 

(xviii) Attempt to access the Application by any means other than through the interface that is provided by the Company.

5.2 No Medical Advice.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY IS NOT A LICENSED MEDICAL PROFESSIONAL, HEALTHCARE PROVIDER, OR PHYSICIAN, AND USE OF THE SERVICES DOES NOT CREATE A DOCTOR–PATIENT OR HEALTHCARE PROVIDER–PATIENT RELATIONSHIP. THE INFORMATION MADE AVAILABLE THROUGH THE APPLICATION IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.

5.3 AI-Powered Functionalities.

The Services may incorporate artificial intelligence (“AI”) as part of its functionality, including, without limitation, to automate certain processes, generate recommendations, analyze data, create content, or enhance user experience (collectively, the “AI Features”). By accessing or using the Services, you acknowledge and agree that the Company may use such AI Features in connection with the provision of the Services. While the Company strives to ensure that its AI Features operate accurately and effectively, the AI outputs may not always be complete, current, or free from error. AI-generated recommendations, information, or content should not be relied upon as the sole basis for decision-making. Users are responsible for exercising independent judgment when reviewing or acting on any AI-generated output. The AI Features are provided “as is” and “as available.” The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or legality of any AI-generated content. To the fullest extent permitted by law, the Company disclaims all liability arising from any reliance placed on AI outputs or recommendations.

6. User Content

6.1 Acknowledgements.

The Services are designed to present users only with predefined, enumerated response options in connection with surveys, questionnaires, or other prompts. Users are not provided with the ability to enter free-form text, upload content, or otherwise submit custom responses through the Application’s intended functionality. Notwithstanding the foregoing, to the extent any user content, data, text, or other material is submitted, transmitted, or made available through the Application by any means, whether intentionally, unintentionally, through misuse of the Application, technical error, circumvention of safeguards, or otherwise, such content shall be deemed “User Content” under these Terms. The Company does not control, endorse, verify, or assume responsibility for any User Content, and expressly disclaims all liability arising from or related to such User Content to the fullest extent permitted by law. Users remain solely responsible for any User Content they submit or cause to be submitted, including compliance with applicable laws and regulations.

6.2 User Content License.

For the period which you maintain an active Subscription Plan, you expressly grant to the Company a worldwide, non-exclusive, non-transferable, non-assignable (except as set forth in Section 17.6), royalty free license to access and use User Content, to provide and monitor the Services.

6.3 User Usage Data.

You acknowledge and agree that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Application, the Services, and about equipment on which the Application is installed or through which it otherwise is accessed and used (the “User Usage Data”). The Company may compile, use, reproduce, and disclose the User Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with these Terms and the Company’s Privacy Policy, provided that such User Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any user. The Company retains all rights, title, and interest in and to such User Usage Data and the Company’s right to use such User Usage Data will survive termination of these Terms.

6.4 Third Party Use.

The Company may access, use, and provide third parties with access and use to the User Usage Data for the following enumerated purposes: (i) making the Services functional and usable for its users; (ii) improving the performance of the Services; (iii) developing updates, new versions, and new Services’ offerings; and/or (iv) verifying a user’s compliance with these Terms and enforcing the Company’s rights, including all Intellectual Property Rights in and to the Application and Services.

7. Personal Data

(a) You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals in connection with these Terms or the Services and pursuant to our Privacy Policy. Accordingly, you represent and warrant that your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.

 

(b) The Services are intended solely for general wellness, self-reflection, and informational purposes. The Services do not provide medical, clinical, diagnostic, or therapeutic services, and are not designed to collect, store, process, or require “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or comparable state or international health privacy laws. Users are not required or encouraged to submit medical information, health records, diagnoses, treatment information, biometric identifiers, insurance information, or any other information that would constitute PHI. Any inputs provided through the Services (including, for example, subjective wellness or mood indicators such as numerical self-ratings) are voluntarily submitted, non-clinical, and self-reported, and are not reviewed, monitored, or validated by medical professionals. To the extent a user voluntarily submits information that could be deemed PHI or sensitive health information, such submission is at the user’s sole discretion and risk. The Company disclaims all responsibility and liability arising from any such submission and shall have no obligations under HIPAA or similar laws with respect to such information, as the Company is not acting as a covered entity, healthcare provider, or business associate, as those terms are defined under HIPAA. By using the Services, the user acknowledges and agrees that the Company does not assume any duty of care associated with the handling of PHI and that the user is solely responsible for determining whether to share any personal or health-related information through the Services.

8. Intellectual Property Rights.

You hereby acknowledge and agree as follows:(i) These Terms are not a sale and do not give you any rights of ownership in, or related to, the Application, the Services, or the Company’s Intellectual Property Rights (as defined below);

 

(ii) You agree to not assert or cause any other party to assert any right, title, or interest in or to the Application, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights;

 

(iii) The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Application, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Application, including all Intellectual Property Rights associated with the foregoing; and

 

(iv) If you provide the Company with any feedback or suggestions about the Application, the Services, or otherwise (the “Feedback”), the Company may use the Feedback without obligation to you, and you irrevocably assign to the Company all right, title, and interest in and to the Feedback

 

For purposes of these Terms, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.

9. Subscription Pricing and Payment.

9.1 Subscription Plan Payment Terms.

Unless otherwise expressly stipulated by us in a separate and duly executed agreement with you, the Application and all Services are licensed (but not sold) to you and are offered on a recurring subscription basis via a Subscription Plan. By electing to license and use the Services under one of our Subscription Plans, you agree to pay the Subscription Fees (as defined below) pursuant to the Subscription Plan that you select and be subject to any limitations of such selected Subscription Plan set forth herein or via the Services.

9.2 Subscription Fees.

You agree to pay us all fees (the “Subscription Fees”) for your access to, and use of, the Services associated with the Subscription Plan that you select and purchase from us, in accordance with the payment terms set forth in this Section 9. Our current fees are available to view via the Apple App Store or Google Play Store listing (the “Price Listing”). To the extent we provide other features or services for which we charge additional/separate Subscription Fees or other fees, generally, that are not listed in the pricing terms set forth in the Price Listing, we will provide you with notice of such additional additional/separate Subscription Fees or other fees prior to providing you with such feature or service (for example, by displaying the additional Subscription Fees to you, for your review and acceptance, within your designated Account or through your account registered with the Apple App Store or Google Play Store.

9.3 Subscription Period.

Each Subscription Plan that we offer shall be subject to a specific term for which such Subscription Plan will be in effect (the “Subscription Period”). The Subscription Period for your Subscription Plan begins on the date on which we provide you with access to the Services via a paid (or free trial) Subscription Plan (the “Subscription Start Date”). Upon conclusion of your Subscription Period then in effect, your paid Subscription Plan shall automatically renew for a subsequent Subscription Period equal in duration to the concluded Subscription Period, unless you elect to terminate or not renew your Subscription Plan, as provided in these Terms. We will automatically charge you the applicable Subscription Fee for the next Subscription Period upon each renewal, pursuant to the payment terms of your Subscription Plan.

9.4 Payment of Subscription Fees.

Unless otherwise expressly stipulated by us on the Price Listing or in a separate and duly-executed agreement with you, the Subscription Fees will be based upon the Subscription Plan that you select and shall be due and payable on a monthly basis, or on any other basis which we may offer from time to time. Each monthly Subscription Fees payment shall be due in advance, initially on the Subscription Start Date, and subsequently on the same date each subsequent month while your Subscription Plan is in effect. We reserve the right to amend or cancel the month-to-month option, or any other option which we may provide from time to time, for our Subscription Plans at any time, in our sole discretion, provided that the foregoing changes will not take effect during your current Subscription Period.

9.5 Payment Card.

To use our Services, you must provide to us and maintain at all times a valid, current credit or debit card (a “Payment Card”) and related billing information as a condition to using the Services, and we will automatically charge your Payment Card for any Subscription Fees due, without the requirement of your signature or any additional action on your part. You expressly authorize us to charge automatically your Payment Card for all Subscription Fees owed and due to us in connection with the Services and the Subscription Plan selected. Payments of Subscription Fees are processed by third-party platform providers, including the Apple App Store and the Google Play Store, as applicable, or as selected by us from time to time. Such payments are processed directly by the applicable platform provider (i.e., Apple or Google) and are governed by that provider’s terms of service and privacy policy (see below). For the avoidance of doubt, the Company does not receive, store, or process users’ credit card or other payment card information, and such information is never stored on the Company’s systems or servers.

9.5.1 Apple App Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our iOS mobile application, as available, on the Apple App Store, Subscription Fees will be charged to the user's Apple ID Account at confirmation of purchase in compliance with Apple's terms and conditions and privacy policy. We recommend that you familiarize yourself with Apple’s terms of payment for Apple’s in-app subscriptions. If a purchase is made from our iOS mobile application, a refund is only possible in compliance with the App Store policy. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plan in the App Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.5.2 Google Play Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our Android mobile application, if available, on the Google Play Store, Subscription Fees will be charged to the user’s Google Play Account at confirmation of purchase in compliance with Google Play’s terms of useprivacy policy and any applicable payment terms, in particular the response on Google Play refunds. We recommend that you familiarize yourself with the terms of payment for Google Play in-app subscriptions. If a purchase is made from our Android mobile application, a refund is only possible in compliance with Google Play policies. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plans in the Google Play Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.6 Additional Payment Terms.

Payment of all Subscription Fees are due in advance, unless otherwise noted in the applicable Price Listing. We have no obligation to perform under these Terms during any period in which all applicable Subscription Fees due have not been paid in full.

9.7 Price Changes.

The Company may, in its sole discretion, amend its Subscription Fees and pricing structure for payment of Subscription Fees in connection with the Services and its Subscription Plans. All changes in Subscription Fees shall be communicated by the Company to you, as a user with an active Account, no less than ten (10) days prior to the effective date of such change. Notwithstanding anything to the contrary herein, changes to Subscription Fees due will take effect only upon the renewal of a Subscription Period under a specific Subscription Plan.

9.8 Taxes Excluded.

Our Subscription Fees do not include, and we are not responsible for, (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the Services, including, without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the Subscription Fees or your use of Services. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

9.9 No Refunds.

No refunds of Subscription Fees will be provided for any reason, unless provided herein or specifically authorized by the Company on a case by case basis and in its sole discretion. ALL AMOUNTS PAID BY YOU FOR SERVICES ARE FINAL AND NON-REFUNDABLE.

10. Termination; Effect of Termination; Suspension. 

These Terms become effective on the date on which you purchase a Subscription Plan to, register for, login to, access, use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.

10.1 Termination by Non-Renewal.

You may elect to not renew your Subscription Plan to the Services by providing notice to us by deleting your Account or by cancelling your Subscription through the Application or, as applicable, the Apple App Store or Google Play Store, at least twenty-four (24) hours prior to the conclusion of the Subscription Period then in effect (a “Non-Renewal Termination”), whereby, immediately thereafter, the Terms shall automatically terminate, subject to Section 10.4.

10.2 Termination or Suspension by Us.

Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you (including failure to make any payment when due); (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof) or with any other user’s use of the Services (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive, or abusive use of the Services, our systems, or resources; or (iii) the Company electing to dissolve it’s company for any reason or the Company seeking to no longer provide certain offerings for any reason. Except for our termination of these Terms under Section 10.2(iii), neither termination of these Terms nor suspension of your use of the Service relieves you of your obligation to pay amounts due to us.

10.3 Effect of Termination.

Termination of these Terms for any reason also terminates all of your rights to access and use any and all Services and the Application. If you cancel your Subscription Plan for convenience before the end of the current Subscription Period, the Subscription Fees for that Subscription Period are non-refundable and remain due.

10.4 SURVIVAL.

ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION), INCLUDING WITHOUT LIMITATION, SECTIONS 5, 7-9, AND 12-16, WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.

11. Security Breach.

If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at info@innerspacewellness.app and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

12. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT, EXCEPT AS SPECIFICALLY STATED IN THESE TERMS, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND NOT SPECIFICALLY STATED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION 12 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES SUFFICIENT FOR THE FOR YOUR PURPOSES.

13. Disclaimer of Damages.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION OR SERVICES, OR ANY OTHER PRODUCT, SERVICE, CONTENT, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, ANY NEGLIGENCE OF OURS), INCLUDING THE FAILURE OF ESSENTIAL PURPOSE AND WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.13. Disclaimer of Damages.

14. Limitation of Liability.

THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS UNDER, IN CONNECTION WITH, OR ARISING OUT OF THIS TERMS OR THE APPLICATION OR SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE SUBSCRIPTION FEES RECEIVED BY THE COMPANY FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnity.

You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents, to the fullest extent permissible under law, from and against any and all third party claims and resulting costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your: (i) misuse or unlawful use of the Application or Services, (ii) breach of Section 3 (User Account), (iii) breach of Section 5.1 (Restrictions on Use), (iv) breach of Section 7(a) (Personal Data), or (v) breach of Section 8 (Intellectual Property Rights).

16. Dispute Resolution.

16.1 Binding Arbitration.

Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Asheville, North Carolina and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under these Terms, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the principles of North Carolina law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of these Terms, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.

16.2 Arbitration Opt-out.

You can opt out of this provision within thirty (30) days of the date that you initially agreed to these Terms. To opt out, you must send your username and email address that you use for your Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to:  Inner Space Applications LLC, ATTN: Inner Space Arbitration Opt-out, info@innerspacewellness.app

16.3 Enforcement of Company’s Intellectual Property.

You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 16, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.

16.4 Arbitration Agreement Survival.

THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.

17. Miscellaneous.

17.1 Governing Law.

The interpretation and enforcement of these Terms, and any dispute related to these Terms, will be governed by and construed and enforced in accordance with the laws of State of North Carolina (US), without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17.2 Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.3 Severability.

If any provision set forth in these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

17.4 Notices.

We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Account on the Application or (ii) via electronic mail to your contact information on record with us in connection with Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Application (for example, changes to your Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:

 

Inner Space Applications LLC

Attn: Terms of Service Notices

Email: info@innerspacewellness.app

17.5 Waiver.

The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.

17.6 Assignment.

These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of your rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate these Terms and our obligations hereunder at any time, in our sole discretion.

17.7 Entire Agreement.

The current and present version of these Terms constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.[End of Terms of Service]

Inner Space Logo

INNER SPACE APPLICATIONS LLC

TERMS OF SERVICE

Last Updated: February 19, 2026

These Terms of Service, and any terms and policies expressly incorporated herein (these “Terms”) constitute a binding contract by and between Inner Space Applications LLC, a North Carolina limited liability company (the “Company”, “Inner Space”, “we”, “us”, or “our”) and you (“you”, “your”, “yours”, or “user”), and it governs your use of, access to, and interaction with us and the Inner Space Wellness  mobile application form, available for download as ‘Inner Space Wellness’ via the Apple App Store and Google Play Store (the “Application”), which provides a suite of integrated tools and services designed to aid in a user’s mental wellness journey through tracking various wellness measures and prompting activities to help fulfill a user’s wellness goals, and to provide certain other related services and resources, pursuant to either an active Free Plan, Paid Plan, or any other Subscription Plan (each as defined below) that we may offer from time to time (collectively, the “Services”). Throughout these Terms, you and the Company may each be referred to as a “Party” or collectively, as the “Parties.”

BY CLICKING THE “ACCEPT” BUTTON OR CHECKING THE APPROPRIATE BOX TO ACCEPT THESE TERMS (WHENEVER PRESENTED TO YOU), OR BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT YOU (A) HAVE READ THESE TERMS AND THAT YOU UNDERSTAND THE TERMS HEREOF; (B) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER; AND (C) ACCEPT THE TERMS AND CONDITIONS OF THESE TERMS, AND AGREE TO BE BOUND THEREBY.

 

 

IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO IT, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT IT, AND YOU MUST NOT ACCESS, OR USE THE APPLICATION. ACCESSING OR USING THE APPLICATION CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.

Your access to and use of our Application or Services is also subject to our Privacy Policy, as amended from time to time (the “Privacy Policy”), and which is incorporated herein by reference. By accessing or using the Application or Services, you consent to the terms of the Privacy Policy.

 

We retain the exclusive right, in our sole discretion, to make changes to these Terms, from time to time. Your continued access to and use of the Application or Services constitutes your agreement to be bound by, and your acceptance of, the Terms posted at such time. You acknowledge and agree that you accept these Terms (and any amendments/updates thereto) each time that you sign into your Account (as defined below), or otherwise access or use the Application. Therefore, we encourage you to review these Terms regularly.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES OF AMERICA: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THE COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Modification to Agreement.

We may modify these Terms by providing notice through the Application or by updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Application, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop accessing and using the Application and the Services. We encourage you to frequently review these Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Application and the Services.

2. Inner Space Services Overview.

The Company provides users, via its Application, with certain access to and use of its mental and emotional wellness check-in and activity tools and services via the currently available offerings listed below which are designed to aid users in tracking their self-reported moods, wellness, and emotional responses to prompted wellness-related activities. Specifically, the Application enables users to respond to and review results from mental wellness surveys, plan for increased or stable personal wellness, and interact with articles and other resources to aid in the user’s wellness journey, as available. The Company offers its Services to users on a subscription basis (each, a “Subscription Plan”) as follows, subject to any use or access limitations set forth herein or via the Services:

 

(i) Free Plan. A free account to access the Application, intended for an individual user seeking to engage with the Application for a limited period of time to trial the Services prior to purchase (the, “Free Plan”).

 

(ii) Paid Plan. A paid account to access the Application, intended for an individual user who seeks to access the Application and Services longer than the allotted Free Plan timing or subsequent to completing a Free Plan subscription (the “Paid Plan”).

3. User Account.

3.1 Account Registration.

In order to access and use the Services, you must provide all information that we reasonably request to establish, register, and confirm your account (an “Account”). You will have the ability to create and manage your Account via the Application; whereby you will:  (a) create a unique password, (b) provide true, accurate, current, and complete information as prompted by the registration form, (c) maintain and promptly update the information with which you registered to ensure the information is always true, accurate, current, and complete, (d) immediately inform the Company of any unauthorized use of your Account or any other breach of security, and (e) exit from your Account at the end of each use.

3.2 Account Information.

As part of your registration, we may require you to verify your email address. In addition, we may require you to provide or validate other information about yourself in the future, if we have a reasonable need for the information to provide you with Application access and such accompanying Services or to perform under (or to exercise our rights under) these Terms. We have the right to refuse your registration or suspend or terminate your use of the Application and the Services if you fail to provide the requested information and to keep it current, complete, truthful, and accurate at all times.  

3.3 Account Responsibility.

You are responsible for keeping your Account and your password secure. You agree to notify us immediately of any unauthorized access to or use of your Account, username, or password or any other breach of security. You are responsible for all activity occurring under your Account. You should use particular caution when accessing your Account so as not to provide third parties with your Account credentials. We will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

3.4 Access and Devices.

You are responsible for obtaining the access necessary to use the Application, which may include network access. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application, its Services, and any updates thereto. We do not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. Further, we neither represent nor warrant that the Application and Services will be accessible through all versions of smartphone and tablets. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 

3.5 Disabling Accounts.

We reserve the right to disable your Account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which, in our sole discretion, would or might cause damage to or impair the Application or infringe or violate any third-party rights, or violate any applicable laws or regulations.

4. Services.

4.1 Application License Grant.

Subject to the terms and conditions of these Terms, and based on your selected Subscription Plan and solely for the duration which you maintain such active Subscription Plan, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Application and such accompanying Services as such Services may be modified, revised, and updated in accordance with these Terms (the “License”). The foregoing License, specifically your continued access to the Application and use of its Services, will terminate immediately upon your election to terminate the License, i.e., your election to delete your Account, as well as upon the non-renewal of your Subscription Plan.

4.2 Maintenance.

You acknowledge that certain maintenance activities regarding the Application may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new tools. In most instances, our infrastructure is designed to support updates by our engineering and support teams without the need to interrupt the Services. Where such maintenance activities are not reasonably anticipated to materially impact your use of the Services, we will have no obligation to provide notice to you regarding such maintenance activities. We will use commercially reasonable efforts to perform routine scheduled maintenance during non-business hours.

4.3 Modifications to Services.

We may update, add, modify, or discontinue any aspect, feature, functionality or any other tool, within the Application, at our own discretion and without further notice; however, if we make any material adverse change to the Application or the Services, including to the core functionality of the Application, then we will notify you by posting/sending an announcement via the Application or by sending you an email. You expressly acknowledge and understand that the Application or various aspects of the Services may occasionally be unavailable due to upgrades, modifications, maintenance, or other work required or necessary, as determined by the Company in its sole and absolute discretion, with respect to Application’s functionality. You further expressly acknowledge and understand that access to the Application may be delayed or slowed due to Internet traffic and other issues beyond the Company’s reasonable control.

4.4 Beta Features.

We may, at our sole discretion, make certain features and/or services available to the you on a test basis which will be clearly designated as beta, pilot, limited release, non-production or by similar description (“Beta Feature”). Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that a Beta Feature is provided on an “as is” and “as available” basis without any liability and indemnity obligations, warranty, support, maintenance, or service level obligations of any kind. We do not guarantee that future versions of a Beta Feature will be released or that if such Beta Feature is made generally available, it will be substantially similar to the current Beta Feature. We may terminate your right to use any Beta Feature at any time for any reason.

4.5 Third-Party Content.

The Application may contain links to third party websites, advertisers, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

4.6 Free Trial (Free Plan).

Any access to or use of the Application and Services through a Free Plan, as may be offered from time to time, is furnished solely for the user’s limited evaluation of the Application’s features and functionality. The Free Plan shall continue for seven (7) days from the date of activation, or for such other period of time as expressly set forth at the time the user registers for access to the Free Plan. The Free Plan is provided strictly “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS,” and the Company expressly disclaims, to the maximum extent permitted by law, all representations, conditions, and warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. You acknowledge and agree that: (i) the Free Plan may be modified, suspended, or terminated by the Company at any time, with or without notice, and without liability of any kind; (ii) the Free Plan may be subject to limitations on features, functionality, data storage, and/or duration, and the Company makes no commitment to retain or migrate any user data, content, or configurations entered, uploaded, or generated during the Free Plan period; and (iii) you assume all risks arising out of your use of the Free Plan subscription, and the Company shall have no liability for any direct, indirect, incidental, consequential, special, or exemplary damages of any kind, even if advised of the possibility of such damages; and; (iv) continued access to the Application following expiration or termination of the Free Plan requires your payment for and compliance with a Paid Plan or other binding contract with the Company. UPON EXPIRATION OF A FREE PLAN, I.E., EXPIRATION OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN, A USER WILL BE AUTOMATICALLY REGISTERED AND CHARGED/BILLED FOR THE PAID PLAN, USING THE USER’S PAYMENT CARD (AS DEFINED BELOW) ON FILE WITH THE COMPANY AND AT THE THEN-CURRENT ‘MONTHLY’ PRICE LISTING (AS DEFINED BELOW), UNLESS THE USER CANCELS THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLICATION OR, AS APPLICABLE, BY CANCELLING THEIR FREE PLAN SUBSCRIPTION THROUGH THE APPLE APP STORE OR GOOGLE PLAY STORE AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE SUBSCRIPTION PERIOD ASSOCIATED WITH SUCH FREE PLAN. Your subscription to a Free Plan constitutes your acceptance of this disclaimer and these Terms. Please review Section 9 below which contain additional terms related to a Free Plan.

5. User Restrictions and Obligations; Disclaimers.

5.1 Restrictions on Use.

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Except as otherwise expressly permitted in these Terms, you shall not, at any time, directly or indirectly:

 

License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Application available to any third party in any way;

 

(ii) Disassemble, decompile, reverse engineer, or otherwise attempt to derive source code or other trade secrets from the Services, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Application in order to (a) build a competitive product or service or (b) build a product using similar features, functions, or graphics of the Application;

 

(iii) Modify, remove, or obstruct any proprietary rights statement or notice contained within the Application;

 

(iv) “Crawl,” “scrape,” or “spider” any data or portion of the Application (through use of manual or automated means);

 

(v) Send or store on the Application (a) infringing, unlawful, or tortious material, including material which violates third party privacy rights; or (b) materials containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents, or programs;

 

(vi) Attempt to gain unauthorized access to the Application or its related systems or networks;

 

(vii) Access the Application if you are a direct competitor of the Company unless the Company agrees in writing before you access the Application;

 

(viii) Share passwords or provide false identity information to access or use the Services;

 

(ix) Remove, delete, add to, alter, or obscure any part or aspect of the Application or any warranties, disclaimers, or other notices, or any marks, symbols, or serial numbers, including any of the Company’s service marks, trademarks, trade names, and logo (the “Marks”) that appear on or in connection with the Application;

 

(x) Challenge, or cause, induce, authorize, or assist any person/entity to challenge, the validity, ownership, use, or registration of any Intellectual Property Rights (as defined below) in and to the Application and any of the Company’s Marks, or take any action in derogation of the Company’s Marks, including by using, licensing, or applying to register any mark that is identical or substantially similar to any of the Company’s Marks;

 

(xi) Under or in connection with any part of these Terms or its subject matter, perform any act that, or fail to perform any act the omission of which infringes, misappropriates, or otherwise violates any Intellectual Property Right (as defined below) of the Company or other right of any person/entity, or violates any applicable law, including, but not limited to data protection and privacy laws;

 

(xii) Use the Application in a way prohibited by applicable law;

 

(xiii) Use the Application in a way that could materially harm the functionality or performance of the Services;

 

(xiv) Permit unauthorized third parties to obtain access to the Application;

 

(xv) Use or access the Services in a manner that fails to comply with these Terms, or any related documentation provided by the Company;

 

(xvi) Hack or break any security mechanism on the Application;

 

(xvii) Use the Services or any data obtained through the Services in a false or misleading manner, or in any manner inconsistent with these Terms; or

 

(xviii) Attempt to access the Application by any means other than through the interface that is provided by the Company.

5.2 No Medical Advice.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND GENERAL EDUCATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE COMPANY IS NOT A LICENSED MEDICAL PROFESSIONAL, HEALTHCARE PROVIDER, OR PHYSICIAN, AND USE OF THE SERVICES DOES NOT CREATE A DOCTOR–PATIENT OR HEALTHCARE PROVIDER–PATIENT RELATIONSHIP. THE INFORMATION MADE AVAILABLE THROUGH THE APPLICATION IS NOT INTENDED TO BE, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. USERS SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION OBTAINED THROUGH THE SERVICES.

5.3 AI-Powered Functionalities.

The Services may incorporate artificial intelligence (“AI”) as part of its functionality, including, without limitation, to automate certain processes, generate recommendations, analyze data, create content, or enhance user experience (collectively, the “AI Features”). By accessing or using the Services, you acknowledge and agree that the Company may use such AI Features in connection with the provision of the Services. While the Company strives to ensure that its AI Features operate accurately and effectively, the AI outputs may not always be complete, current, or free from error. AI-generated recommendations, information, or content should not be relied upon as the sole basis for decision-making. Users are responsible for exercising independent judgment when reviewing or acting on any AI-generated output. The AI Features are provided “as is” and “as available.” The Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or legality of any AI-generated content. To the fullest extent permitted by law, the Company disclaims all liability arising from any reliance placed on AI outputs or recommendations.

6. User Content

6.1 Acknowledgements.

The Services are designed to present users only with predefined, enumerated response options in connection with surveys, questionnaires, or other prompts. Users are not provided with the ability to enter free-form text, upload content, or otherwise submit custom responses through the Application’s intended functionality. Notwithstanding the foregoing, to the extent any user content, data, text, or other material is submitted, transmitted, or made available through the Application by any means, whether intentionally, unintentionally, through misuse of the Application, technical error, circumvention of safeguards, or otherwise, such content shall be deemed “User Content” under these Terms. The Company does not control, endorse, verify, or assume responsibility for any User Content, and expressly disclaims all liability arising from or related to such User Content to the fullest extent permitted by law. Users remain solely responsible for any User Content they submit or cause to be submitted, including compliance with applicable laws and regulations.

6.2 User Content License.

For the period which you maintain an active Subscription Plan, you expressly grant to the Company a worldwide, non-exclusive, non-transferable, non-assignable (except as set forth in Section 17.6), royalty free license to access and use User Content, to provide and monitor the Services.

6.3 User Usage Data.

You acknowledge and agree that the Company may, directly or indirectly, including through the services of third parties, collect and store information and data in connection with your use of the Application, the Services, and about equipment on which the Application is installed or through which it otherwise is accessed and used (the “User Usage Data”). The Company may compile, use, reproduce, and disclose the User Usage Data for product or service improvement, industry analysis, benchmarking, analytics, and other purposes consistent with these Terms and the Company’s Privacy Policy, provided that such User Usage Data is aggregated, anonymized, de-identified, or is otherwise not reasonably associated or linked to any user. The Company retains all rights, title, and interest in and to such User Usage Data and the Company’s right to use such User Usage Data will survive termination of these Terms.

6.4 Third Party Use.

The Company may access, use, and provide third parties with access and use to the User Usage Data for the following enumerated purposes: (i) making the Services functional and usable for its users; (ii) improving the performance of the Services; (iii) developing updates, new versions, and new Services’ offerings; and/or (iv) verifying a user’s compliance with these Terms and enforcing the Company’s rights, including all Intellectual Property Rights in and to the Application and Services.

7. Personal Data

(a) You acknowledge that we may process information that can be used to identify a person (“Personal Data”) in relation to you, and Personal Data that you have provided or in the future provide to us in relation to other associated individuals in connection with these Terms or the Services and pursuant to our Privacy Policy. Accordingly, you represent and warrant that your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, including, as required, the need to obtain such individual’s consent prior to providing us with such individual’s Personal Data.

 

(b) The Services are intended solely for general wellness, self-reflection, and informational purposes. The Services do not provide medical, clinical, diagnostic, or therapeutic services, and are not designed to collect, store, process, or require “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or comparable state or international health privacy laws. Users are not required or encouraged to submit medical information, health records, diagnoses, treatment information, biometric identifiers, insurance information, or any other information that would constitute PHI. Any inputs provided through the Services (including, for example, subjective wellness or mood indicators such as numerical self-ratings) are voluntarily submitted, non-clinical, and self-reported, and are not reviewed, monitored, or validated by medical professionals. To the extent a user voluntarily submits information that could be deemed PHI or sensitive health information, such submission is at the user’s sole discretion and risk. The Company disclaims all responsibility and liability arising from any such submission and shall have no obligations under HIPAA or similar laws with respect to such information, as the Company is not acting as a covered entity, healthcare provider, or business associate, as those terms are defined under HIPAA. By using the Services, the user acknowledges and agrees that the Company does not assume any duty of care associated with the handling of PHI and that the user is solely responsible for determining whether to share any personal or health-related information through the Services.

8. Intellectual Property Rights.

You hereby acknowledge and agree as follows:(i) These Terms are not a sale and do not give you any rights of ownership in, or related to, the Application, the Services, or the Company’s Intellectual Property Rights (as defined below);

 

(ii) You agree to not assert or cause any other party to assert any right, title, or interest in or to the Application, the Services, and any content created or provided by the Company, or any other portion of the Company’s Intellectual Property Rights;

 

(iii) The Company, or its licensors, as the case may be, has and will retain any and all right, title, and interest in and to the Application, the accompanying Services provided therethrough, and any underlying software, as well as all derivative works made by any person or entity based upon the Application, including all Intellectual Property Rights associated with the foregoing; and

 

(iv) If you provide the Company with any feedback or suggestions about the Application, the Services, or otherwise (the “Feedback”), the Company may use the Feedback without obligation to you, and you irrevocably assign to the Company all right, title, and interest in and to the Feedback

 

For purposes of these Terms, “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trademarks; (c) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, these rights or forms of protection under the laws of any jurisdiction throughout in any part of the world.

9. Subscription Pricing and Payment.

9.1 Subscription Plan Payment Terms.

Unless otherwise expressly stipulated by us in a separate and duly executed agreement with you, the Application and all Services are licensed (but not sold) to you and are offered on a recurring subscription basis via a Subscription Plan. By electing to license and use the Services under one of our Subscription Plans, you agree to pay the Subscription Fees (as defined below) pursuant to the Subscription Plan that you select and be subject to any limitations of such selected Subscription Plan set forth herein or via the Services.

9.2 Subscription Fees.

You agree to pay us all fees (the “Subscription Fees”) for your access to, and use of, the Services associated with the Subscription Plan that you select and purchase from us, in accordance with the payment terms set forth in this Section 9. Our current fees are available to view via the Apple App Store or Google Play Store listing (the “Price Listing”). To the extent we provide other features or services for which we charge additional/separate Subscription Fees or other fees, generally, that are not listed in the pricing terms set forth in the Price Listing, we will provide you with notice of such additional additional/separate Subscription Fees or other fees prior to providing you with such feature or service (for example, by displaying the additional Subscription Fees to you, for your review and acceptance, within your designated Account or through your account registered with the Apple App Store or Google Play Store.

9.3 Subscription Period.

Each Subscription Plan that we offer shall be subject to a specific term for which such Subscription Plan will be in effect (the “Subscription Period”). The Subscription Period for your Subscription Plan begins on the date on which we provide you with access to the Services via a paid (or free trial) Subscription Plan (the “Subscription Start Date”). Upon conclusion of your Subscription Period then in effect, your paid Subscription Plan shall automatically renew for a subsequent Subscription Period equal in duration to the concluded Subscription Period, unless you elect to terminate or not renew your Subscription Plan, as provided in these Terms. We will automatically charge you the applicable Subscription Fee for the next Subscription Period upon each renewal, pursuant to the payment terms of your Subscription Plan.

9.4 Payment of Subscription Fees.

Unless otherwise expressly stipulated by us on the Price Listing or in a separate and duly-executed agreement with you, the Subscription Fees will be based upon the Subscription Plan that you select and shall be due and payable on a monthly basis, or on any other basis which we may offer from time to time. Each monthly Subscription Fees payment shall be due in advance, initially on the Subscription Start Date, and subsequently on the same date each subsequent month while your Subscription Plan is in effect. We reserve the right to amend or cancel the month-to-month option, or any other option which we may provide from time to time, for our Subscription Plans at any time, in our sole discretion, provided that the foregoing changes will not take effect during your current Subscription Period.

9.5 Payment Card.

To use our Services, you must provide to us and maintain at all times a valid, current credit or debit card (a “Payment Card”) and related billing information as a condition to using the Services, and we will automatically charge your Payment Card for any Subscription Fees due, without the requirement of your signature or any additional action on your part. You expressly authorize us to charge automatically your Payment Card for all Subscription Fees owed and due to us in connection with the Services and the Subscription Plan selected. Payments of Subscription Fees are processed by third-party platform providers, including the Apple App Store and the Google Play Store, as applicable, or as selected by us from time to time. Such payments are processed directly by the applicable platform provider (i.e., Apple or Google) and are governed by that provider’s terms of service and privacy policy (see below). For the avoidance of doubt, the Company does not receive, store, or process users’ credit card or other payment card information, and such information is never stored on the Company’s systems or servers.

9.5.1 Apple App Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our iOS mobile application, as available, on the Apple App Store, Subscription Fees will be charged to the user's Apple ID Account at confirmation of purchase in compliance with Apple's terms and conditions and privacy policy. We recommend that you familiarize yourself with Apple’s terms of payment for Apple’s in-app subscriptions. If a purchase is made from our iOS mobile application, a refund is only possible in compliance with the App Store policy. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plan in the App Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.5.2 Google Play Store Subscriptions.

Notwithstanding the foregoing, if you subscribe to our Services via our Android mobile application, if available, on the Google Play Store, Subscription Fees will be charged to the user’s Google Play Account at confirmation of purchase in compliance with Google Play’s terms of useprivacy policy and any applicable payment terms, in particular the response on Google Play refunds. We recommend that you familiarize yourself with the terms of payment for Google Play in-app subscriptions. If a purchase is made from our Android mobile application, a refund is only possible in compliance with Google Play policies. All Subscription Plans are renewed automatically. You must cancel the renewal of the Subscription Plans in the Google Play Store at least twenty-four (24) hours before the end of your current Subscription Period. The cancellation of such Subscription Plan will then come into effect at the end of the current Subscription Period. At the same time, you retain access to the Services from the cancellation moment until the end of the current Subscription Period. Your Account may be charged for renewal of your Subscription Plan up to twenty-four (24) hours before the end of the current Subscription Period.

9.6 Additional Payment Terms.

Payment of all Subscription Fees are due in advance, unless otherwise noted in the applicable Price Listing. We have no obligation to perform under these Terms during any period in which all applicable Subscription Fees due have not been paid in full.

9.7 Price Changes.

The Company may, in its sole discretion, amend its Subscription Fees and pricing structure for payment of Subscription Fees in connection with the Services and its Subscription Plans. All changes in Subscription Fees shall be communicated by the Company to you, as a user with an active Account, no less than ten (10) days prior to the effective date of such change. Notwithstanding anything to the contrary herein, changes to Subscription Fees due will take effect only upon the renewal of a Subscription Period under a specific Subscription Plan.

9.8 Taxes Excluded.

Our Subscription Fees do not include, and we are not responsible for, (i) any additional fees, charges, or duties imposed on you by any third party due to your use of the Services, including, without limitation, any financial institution fees or processor or intermediary fees; or (ii) any taxes, levies, or duties or similar amounts related to the Subscription Fees or your use of Services. You are responsible for paying all of the foregoing. YOUR OBLIGATIONS TO PAY AMOUNTS DUE WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.

9.9 No Refunds.

No refunds of Subscription Fees will be provided for any reason, unless provided herein or specifically authorized by the Company on a case by case basis and in its sole discretion. ALL AMOUNTS PAID BY YOU FOR SERVICES ARE FINAL AND NON-REFUNDABLE.

10. Termination; Effect of Termination; Suspension. 

These Terms become effective on the date on which you purchase a Subscription Plan to, register for, login to, access, use the Services, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.

10.1 Termination by Non-Renewal.

You may elect to not renew your Subscription Plan to the Services by providing notice to us by deleting your Account or by cancelling your Subscription through the Application or, as applicable, the Apple App Store or Google Play Store, at least twenty-four (24) hours prior to the conclusion of the Subscription Period then in effect (a “Non-Renewal Termination”), whereby, immediately thereafter, the Terms shall automatically terminate, subject to Section 10.4.

10.2 Termination or Suspension by Us.

Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of Services, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you (including failure to make any payment when due); (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Services (or the security thereof) or with any other user’s use of the Services (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive, or abusive use of the Services, our systems, or resources; or (iii) the Company electing to dissolve it’s company for any reason or the Company seeking to no longer provide certain offerings for any reason. Except for our termination of these Terms under Section 10.2(iii), neither termination of these Terms nor suspension of your use of the Service relieves you of your obligation to pay amounts due to us.

10.3 Effect of Termination.

Termination of these Terms for any reason also terminates all of your rights to access and use any and all Services and the Application. If you cancel your Subscription Plan for convenience before the end of the current Subscription Period, the Subscription Fees for that Subscription Period are non-refundable and remain due.

10.4 SURVIVAL.

ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION), INCLUDING WITHOUT LIMITATION, SECTIONS 5, 7-9, AND 12-16, WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.

11. Security Breach.

If you suspect that your Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or the Company (together, a “Security Breach”), you must notify the Company as soon as possible by emailing us at info@innerspacewellness.app and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage, or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

12. Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT, EXCEPT AS SPECIFICALLY STATED IN THESE TERMS, WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND NOT SPECIFICALLY STATED IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION 12 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON. IF YOU ACCESS OR USE THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, RULES AND REGULATIONS. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICES SUFFICIENT FOR THE FOR YOUR PURPOSES.

13. Disclaimer of Damages.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION OR SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE APPLICATION OR SERVICES, OR ANY OTHER PRODUCT, SERVICE, CONTENT, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, ANY NEGLIGENCE OF OURS), INCLUDING THE FAILURE OF ESSENTIAL PURPOSE AND WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.13. Disclaimer of Damages.

14. Limitation of Liability.

THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS UNDER, IN CONNECTION WITH, OR ARISING OUT OF THIS TERMS OR THE APPLICATION OR SERVICES (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE) WILL NOT EXCEED THE SUBSCRIPTION FEES RECEIVED BY THE COMPANY FROM YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Indemnity.

You shall promptly indemnify, defend, and hold harmless the Company and its respective directors, officers, managers, shareholders, members, employees, licensors, representatives, and agents, to the fullest extent permissible under law, from and against any and all third party claims and resulting costs, liabilities, losses, expenses, and damages (including reasonable attorney's fees) arising out of or resulting from your: (i) misuse or unlawful use of the Application or Services, (ii) breach of Section 3 (User Account), (iii) breach of Section 5.1 (Restrictions on Use), (iv) breach of Section 7(a) (Personal Data), or (v) breach of Section 8 (Intellectual Property Rights).

16. Dispute Resolution.

16.1 Binding Arbitration.

Except for claims arising from your violation of the Company’s Intellectual Property Rights, to which traditional court remedies will apply, any controversy or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be determined exclusively by final and binding arbitration, as administered in accordance with the Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”) by an Arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Asheville, North Carolina and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The arbitration shall be conducted in the English language. The Parties agree that all of the rights and obligations of the Parties under these Terms, including the enforcement thereof, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the principles of North Carolina law relating to the conflict or choice of laws. The arbitration shall be conducted by one (1) neutral and impartial arbitrator (the “Arbitrator”). The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, to the extent that it is necessary to prevent irreparable harm that may be caused to a Party by a breach of these Terms, that Party will be entitled to equitable relief (including an injunction or preservation of evidence) in any court of law having proper jurisdiction, in addition to all other available remedies. The Parties agree that the prevailing Party in any arbitration action hereunder shall be entitled to receive, in addition to all other damages and awards, the costs incurred by such Party in conducting the arbitration, including reasonable attorneys' fees and expenses, and arbitration costs.

16.2 Arbitration Opt-out.

You can opt out of this provision within thirty (30) days of the date that you initially agreed to these Terms. To opt out, you must send your username and email address that you use for your Account, and a clear statement that you want to opt out of this arbitration agreement, and you must send such opt-out notification to:  Inner Space Applications LLC, ATTN: Inner Space Arbitration Opt-out, info@innerspacewellness.app

16.3 Enforcement of Company’s Intellectual Property.

You acknowledge and agree that, in addition to or in lieu of arbitration pursuant to this Section 16, we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court of law or other forum having jurisdiction.

16.4 Arbitration Agreement Survival.

THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF THESE TERMS.

17. Miscellaneous.

17.1 Governing Law.

The interpretation and enforcement of these Terms, and any dispute related to these Terms, will be governed by and construed and enforced in accordance with the laws of State of North Carolina (US), without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17.2 Limitation of Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION AND THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17.3 Severability.

If any provision set forth in these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions set forth in these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.

17.4 Notices.

We may deliver any notice required or permitted hereunder (i) via a notice appearing in your Account on the Application or (ii) via electronic mail to your contact information on record with us in connection with Account, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Application (for example, changes to your Account information), you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be sent/delivered by email to the email address set forth below. Our current address is:

 

Inner Space Applications LLC

Attn: Terms of Service Notices

Email: info@innerspacewellness.app

17.5 Waiver.

The failure of either Party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either Party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving Party.

17.6 Assignment.

These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each Party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of your rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate these Terms and our obligations hereunder at any time, in our sole discretion.

17.7 Entire Agreement.

The current and present version of these Terms constitutes the sole and entire agreement between you and the Company with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.[End of Terms of Service]

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