Welcome to Innovative Wellness. These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and Innovative Wellness ("we," "us," or "our") and govern your access to and use of the Innovative Wellness mobile application, the Provider Portal, our static web pages, and any related services (collectively, the "Service"). By creating an account, signing in, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
By creating an account or accessing the Service, you represent and warrant that:
If you use the Service on behalf of an organization (such as a clinic), you represent that you have authority to bind that organization, and "you" refers to both you and that organization.
Innovative Wellness provides a wellness-tracking platform that may include, without limitation:
Features may be added, modified, or removed at our discretion. We will use reasonable efforts to notify you of material changes that affect your use of the Service.
IMPORTANT — READ CAREFULLY. The Service is not a medical device. It is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. The Wellness Score, tier classifications, AI insights, program suggestions, and any other content provided through the Service are for general informational, educational, and self-management purposes only.
You acknowledge that:
EMERGENCIES. If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately. Do not use the Service for emergency communication; it is not monitored in real time.
You may create an account using email and password, "Sign in with Apple," or "Sign in with Google." When you use Apple's hide-my-email relay, we will associate your account with the relay address provided by Apple; you remain identifiable to us only via Apple's anonymized identifier.
You are solely responsible for safeguarding your credentials, including any biometric unlocks you enable on your device. You must notify us immediately at support@innovativewellness.app of any suspected unauthorized access. We are not liable for losses arising from your failure to maintain credential security.
Accounts are for individual use. You may not share your account with another person, or maintain more than one account, except for legitimate provider/practitioner roles authorized in writing by us.
You retain ownership of all health, fitness, and personal data you input into the Service ("Your Data"). By using the Service, you grant us a limited, worldwide, royalty-free license to host, process, transmit, display, and back up Your Data solely for the purpose of providing and improving the Service to you.
Specifically:
How we collect, store, secure, and disclose Your Data is described in detail in our Privacy Policy, which is incorporated into these Terms by reference.
We retain different categories of data for different periods. The schedule below summarizes our default retention practices. Where local law requires shorter or longer retention, the legal requirement controls.
| Category | Retention | Notes |
|---|---|---|
| Account profile | While active + 30 days | Deleted within 30 days of account deletion request |
| Wellness logs (weight, sleep, vitals, etc.) | While active + 30 days | Soft-deleted on request; hard-deleted within 30 days |
| Provider visit notes | While active + 30 days | Removed when the patient account is deleted |
| HIPAA audit log | 6 years from event date | Retained per 45 CFR §164.530(j) regardless of account status |
| Authentication logs (sign-in, password reset) | 13 months | Security incident response and abuse detection |
| Error reports (Sentry, where enabled) | 90 days | Stripped of personal data before storage |
| Product analytics (PostHog, where enabled) | 13 months | Anonymized; you may opt out via Profile settings |
When you delete your account from Profile → Delete Account, we initiate deletion of your account and personal data from production systems within 30 days. Backups are overwritten on a rolling basis and the data is unrecoverable from backup within an additional 60 days.
Depending on where you live, you may have additional rights regarding your personal information. We honor the rights below for all U.S. users regardless of state of residence; legal residents of the states named have the additional, legally enforceable rights described.
If you are a California resident, the California Consumer Privacy Act as amended ("CCPA") gives you the right to (a) know what categories of personal information we collect and the purposes; (b) request access to and a copy of your personal information; (c) request deletion of your personal information; (d) correct inaccurate personal information; (e) opt out of any "sale" or "sharing" for cross-context behavioral advertising; (f) limit use of sensitive personal information; and (g) not be discriminated against for exercising any of these rights.
We do not sell your personal information within the meaning of the CCPA, and we do not share it for cross-context behavioral advertising. To exercise any CCPA right, email privacy@innovativewellness.app with the subject line "CCPA Request." We may need to verify your identity before fulfilling the request. You may also authorize an agent to make a request on your behalf in accordance with CCPA rules.
Residents of Virginia, Colorado, Connecticut, Utah, Texas, and other states with similar consumer-privacy statutes have rights substantially similar to the CCPA rights above, including access, deletion, correction, and (where applicable) opt-out of targeted advertising or profiling that has a legal effect. Submit requests to privacy@innovativewellness.app with the subject "State Privacy Request" and your state of residence. We will respond within the timeframe required by the applicable statute (typically 45 days).
If we deny your request, you may appeal by replying to our denial with the subject "Privacy Appeal." If the appeal is denied, residents of certain states may contact their state attorney general's office to file a complaint.
The Service is not directed to children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not create an account or submit any information to the Service.
For users between 13 and the age of majority (typically 18), a parent or legal guardian must read these Terms and consent to your use of the Service on your behalf, and remains responsible for that use.
If you are a parent or guardian and you believe a child under 13 has provided personal information to the Service, please contact us immediately at privacy@innovativewellness.app. We will take prompt steps to delete the account and any associated information from our systems, consistent with the Children's Online Privacy Protection Act ("COPPA") and FTC guidance.
If we become aware that we have inadvertently collected personal information from a child under 13 without verified parental consent, we will delete that information as soon as practicable.
The Service includes a Provider Portal, a role-gated interface available to clinic staff whose accounts have been designated as a provider or admin in our backend. Provider designation is performed by an authorized clinic administrator and is not available through self-service signup.
Providers see only patients within their own clinic, enforced by Postgres row-level security. For each patient, the provider can view: the patient's profile (name, email, age, sex, height, stated goal), their recent wellness-log entries (weight, sleep, vitals, etc.), and the history of clinical visit notes written for that patient by any provider in the same clinic.
Providers may create new clinical visit notes through the Add Visit Note screen. Each note records the patient, the authoring provider, a visit date, a visit type, and a free-text note body. Providers cannot edit or delete data the patient entered themselves.
Visit notes are visible to the patient. By default, every visit note a provider writes appears in the patient's app under "Notes From Your Provider" on the Insights screen. Providers should write notes in patient-friendly language. If a note must remain clinic-internal, it should be recorded in the clinic's primary electronic health record instead, not in this app.
Every time a provider opens a patient's record, and every time a provider creates or modifies a visit note, the action is recorded in our immutable audit log with the acting provider's identity, the patient's identity, the action type, the resource type and identifier, and a timestamp. Audit-log records are retained per Section 6 and may be inspected by clinic administrators.
If your clinic has entered into a written Business Associate Agreement ("BAA") with us, the Service operates as a Business Associate under HIPAA with respect to patient data created or stored in the clinic's instance, and we comply with the HIPAA Security Rule and applicable Privacy Rule provisions. If your clinic has not entered into a BAA, the Service is a consumer wellness product and the data you input is not classified as Protected Health Information ("PHI") under HIPAA. We nonetheless apply HIPAA-conscious design — row-level security, audit logs, soft deletes on clinical records, and encrypted transit and storage — for all users.
If you do not want any provider notes to appear in your app, you may delete your account at any time from Profile → Delete Account; this removes all provider notes addressed to you. You may also contact your clinic directly to be removed from the Provider Portal roster.
You agree not to:
The Service may permit you to post content (comments, community posts, profile information). You retain ownership of your content, but grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, and distribute such content in connection with operating and providing the Service.
You represent and warrant that you have all rights necessary to grant the license above and that your content does not violate the rights of any third party. We may, but are not obligated to, review, remove, or refuse content that we believe violates these Terms.
The Service, including all software, designs, interfaces, the Wellness Score algorithm, the Tier system, models, text, graphics, logos, marks, and other content (excluding Your Data and your user-generated content), is owned by Innovative Wellness or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use, subject to these Terms.
"Innovative Wellness," the gold-and-purple shield logo, "Wellness Score," and "The 5 Pillars" are trademarks of Innovative Wellness. All rights not expressly granted are reserved.
If you obtained the Service through the Apple App Store, the following terms apply and prevail over any conflicting term in these Terms only with respect to your Apple-sourced installation:
The Service relies on or interoperates with third-party services, including (without limitation):
Your use of those third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, accuracy, or content of any third-party service. Linking to or interoperating with a third-party service does not imply our endorsement of it.
The iOS app does not use cookies. Authentication tokens for the mobile app are stored locally in iOS Keychain via expo-secure-store; cached app state is stored in AsyncStorage. Neither is shared with third parties.
However, our static web pages (this Terms page and the Privacy Policy at innovative-wellness-xw7i.vercel.app) are hosted on Vercel. Vercel may set strictly-necessary cookies for its CDN and security-monitoring functions; these are not used for advertising or cross-site tracking, and you cannot disable them without breaking the site. We do not set any analytics or marketing cookies on the static legal pages.
If we later launch a full web application, we will update this section and present a cookie banner consistent with applicable law before any non-strictly-necessary cookies are set.
The Service is currently offered at no cost. There are no subscriptions, in-app purchases, or paid tiers, and we have no current plan to introduce any. If we were ever to change this, we would update these Terms and present specific pricing, billing, renewal, and cancellation terms in-app before you incurred any charge — and your continued use after acceptance would be required.
By you. You may stop using the Service at any time. You may permanently delete your account and all associated cloud data from Profile → Delete Account; this action is irreversible and removes your data from our servers within the timeframes specified in Section 6 (other than information we are required to retain by law, such as the HIPAA audit log).
By us. We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, created risk or possible legal exposure for us, or if we discontinue the Service. We will use reasonable efforts to give you notice before terminating an account in good standing.
Sections 3, 5, 6, 7, 8, 11, 12, 15, and 18–23 survive any termination of these Terms.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INNOVATIVE WELLNESS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. To the extent such exclusions or limitations are not permitted in your jurisdiction, the foregoing applies to the maximum extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Innovative Wellness and its affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Service, (b) your violation of these Terms, (c) your violation of any applicable law or any rights of a third party (including intellectual property or privacy rights), or (d) any content you submit through the Service.
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 21.2.
Except for claims that may be brought in small-claims court and claims for injunctive relief related to intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by final, binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Delaware, in English, by a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND WE EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes must be brought on an individual basis only. If a court decides that this waiver is unenforceable, then this entire Section 21.2 (Binding Arbitration) is null and void with respect to that dispute.
You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to legal@innovativewellness.app with the subject line "Arbitration Opt-Out" and your full name and account email. Opting out does not affect any other portion of these Terms.
We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will provide notice through the Service or by email at least 14 days before the changes take effect, unless the change is required for legal or security reasons. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service and may delete your account.