Balanse™ Terms of Service

Last revised on July 24, 2025

1. Introduction

Welcome to Balanse™ (“Balanse,” “we,” “us,” or “our”). Balanse™ is a balance training application designed to help you improve your stability and posture through guided exercises and related content. By accessing or using our application (the “App”), website, or any services provided in connection with the App (collectively, the “Services”), you agree to comply with and be bound by the terms and conditions described in this Terms of Service Agreement (“Agreement”). If you do not agree with these terms, you should not use our Services.

2. Acceptance of Agreement

This Agreement constitutes the entire and only agreement between you and Balanse™ regarding your use of our Services, superseding all prior or contemporaneous agreements, representations, warranties, and understandings. Balanse reserves the right to modify this Agreement at any time. We will post the most recent version of the Agreement within the App or on our website, and the revised terms will be effective immediately upon posting. It is your responsibility to review the Agreement periodically. Your continued use of the Services after any modifications indicates your acceptance of the revised Agreement.

3. Eligibility and User Accounts

• Age Requirement: You must be at least 13 years old (or the age of majority in your jurisdiction, if higher) to access or use the Services. If you are under 18, you represent that you have your parent or guardian's permission to use the Services. Special provisions apply to users based on age:
  • Ages 13-17: Require parental consent and supervision during exercises
  • Ages 65-79: Strongly recommended to have safety support nearby
  • Ages 80-84: Required to have safety support available during exercises
  • Ages 85+: Required to obtain medical clearance before use and exercise with supervision
• Account Information: You agree to provide accurate, current, and complete information about yourself as prompted by our registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Account Security: You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
• Responsibility for Others: If you allow others to use your account, you are responsible for ensuring they comply with this Agreement and any applicable laws or regulations.

4. License to Use the App

Balanse™ grants you a limited, non-exclusive, non-transferable, revocable license to use our App for your personal, non-commercial purposes. You may not resell, distribute, or otherwise use the App for any commercial purpose without our express written consent. Any software or content that we provide you is licensed, not sold, and may be subject to additional terms and conditions. All rights not expressly granted in this Agreement are reserved by Balanse.

5. User Conduct

• Lawful Use: You agree to use the Services only for lawful purposes and in accordance with this Agreement. You may not use the App in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use of the Services.
• Prohibited Actions: You agree that you will not engage in any activity that violates any third-party rights, including intellectual property rights, or that is fraudulent, abusive, or otherwise illegal. You also agree not to upload or transmit any malware, viruses, or harmful code that may damage the App or its users.
• Security Measures: You may not circumvent or attempt to circumvent any security feature or access control of the App or the Services. Unauthorized access to our systems is strictly prohibited.

6. Medical Disclaimer and Wellness Product Notice

IMPORTANT: Please read this section carefully as it relates to your health and safety.

The Balanse™ App is designed as a general wellness product to help users improve balance through guided exercises. The content provided in the App (including text, graphics, videos, exercises, or other materials) is for informational and general wellness purposes only.

THIS APP IS NOT:

• A medical device or medical treatment
• Physical therapy or rehabilitation
• FDA-approved for any medical condition
• A substitute for professional medical care
• Designed to diagnose, treat, cure, or prevent any disease

MEDICAL CLEARANCE REQUIRED:
You should consult with a qualified healthcare provider before using this App if you:

• Are 85 years of age or older
• Have fallen in the past 12 months
• Use a mobility aid (cane, walker, wheelchair)
• Take medications affecting balance (including but not limited to benzodiazepines, opioids, muscle relaxants, or multiple blood pressure medications)
• Have been diagnosed with vertigo, Parkinson's disease, stroke, heart disease, severe arthritis, neuropathy, or cognitive impairment
• Have any condition that affects your balance or mobility

By using this App, you acknowledge that you have reviewed our safety guidelines and meet the criteria for safe use, or have obtained appropriate medical clearance.

Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition or exercise regimen. Never disregard professional medical advice or delay seeking it because of information provided by Balanse.

7. Assumption of Risk and Release

PLEASE READ CAREFULLY: By using Balanse™, you expressly acknowledge and agree:

a) INHERENT RISKS: You understand that participation in balance exercises, even when performed correctly and with all safety precautions, carries inherent risks including but not limited to:

• Risk of falls, even with safety measures in place
• Muscle strains or other soft tissue injuries
• Cardiovascular stress
• Dizziness or loss of balance
• Aggravation of pre-existing conditions

b) VOLUNTARY PARTICIPATION: Your use of the App and participation in exercises is entirely voluntary. You acknowledge that you have been advised to consult with healthcare providers and to follow all safety guidelines.

c) SAFETY RESPONSIBILITIES: You agree to:

• Maintain a safe exercise environment (clear space, proper lighting, stable support)
• Use appropriate footwear or bare feet
• Have assistance or support nearby when recommended
• Stop immediately if you experience any discomfort or warning signs
• Follow all safety protocols and exercise modifications

d) FITNESS ATTESTATION: By using the App, you attest that you have completed our safety screening honestly and accurately. False attestation voids any protections under this Agreement.

e) RELEASE OF LIABILITY: You assume all risks, known and unknown, associated with using the Services and release Balanse Inc., its officers, directors, employees, and affiliates from any and all claims, demands, or causes of action arising from your use of the App, including those arising from the negligence of Balanse Inc.

f) NO WARRANTIES: You acknowledge that Balanse Inc. makes no warranties or representations regarding the safety or effectiveness of the exercises for your particular situation.

7a. Safety Compliance and Ongoing Obligations

As a condition of using the Balanse™ App, you agree to:

a) INITIAL SAFETY SCREENING: Complete our safety screening questionnaire honestly and accurately. False or misleading responses void all protections under this Agreement and may result in immediate termination of access.

b) ONGOING HEALTH MONITORING: Continuously monitor your health status and immediately discontinue use if:

• Your health condition changes
• You begin new medications affecting balance
• You experience falls or near-falls
• Your healthcare provider advises against continued use

c) AGE-SPECIFIC REQUIREMENTS:

• Users 65-79: Recommended to have safety support nearby
• Users 80-84: Required to have safety support available
• Users 85+: Required to obtain medical clearance before use

d) SAFETY PROTOCOL COMPLIANCE: Follow all safety instructions, including but not limited to:

• Maintaining clear exercise space (minimum 6 feet in all directions)
• Using stable support when indicated
• Exercising only when alert and well-rested
• Avoiding exercises beyond your demonstrated capability

e) REPORTING OBLIGATIONS: You agree to promptly report any injuries, falls, or adverse events to support@balanse.app to help us improve safety protocols.

f) CAPACITY ACKNOWLEDGMENT: You represent that you have the mental capacity to understand and follow safety instructions. If you have any cognitive impairment, you agree to use the App only with appropriate supervision.

8. Third-Party Services and Content

Our App may contain links or references to third-party websites, services, or content that are not owned or controlled by Balanse. We do not endorse or assume responsibility for any such third-party offerings. If you access any third-party services or content, you do so at your own risk, and you may be subject to additional terms and conditions imposed by the third party.

9. Intellectual Property Rights

• Ownership: All software, code, text, images, trademarks, logos, and other materials provided through the App are the property of Balanse or its licensors. Nothing in this Agreement grants you any right or license to use any Balanse trademark, logo, or other proprietary information except as expressly permitted by this Agreement.
• User Content: If you submit or post any content (e.g., feedback, suggestions, images, or comments) through the App or otherwise provide it to Balanse, you grant Balanse a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, display, and create derivative works of such content for the purpose of providing and improving the Services.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Balanse™ PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Balanse™, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO Balanse FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) FIFTY U.S. DOLLARS (US $50).

12. Indemnification

You agree to defend, indemnify, and hold harmless Balanse™ Inc., its affiliates, and their respective officers, directors, employees, agents, successors, assigns, and insurers from and against all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees and emergency response costs) arising out of or related to:

• (a) your use or misuse of the Services, including any injuries sustained during proper use of the App;
• (b) your breach or alleged breach of this Agreement, including false attestation regarding safety criteria;
• (c) your violation of any applicable law, rule, or regulation;
• (d) your infringement or alleged infringement of the rights of any third party;
• (e) your failure to maintain a safe exercise environment or follow safety protocols;
• (f) any claims by your family members, heirs, or estate arising from your use of the App;
• (g) any emergency services or medical treatment required as a result of your use of the App;
• (h) your failure to obtain recommended medical clearance or to discontinue use when advised.

This indemnification obligation survives termination of this Agreement and your use of the Services.

13. Modification and Termination

• Modification of Services: We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice to you. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
• Termination by You: You may terminate this Agreement and close your account at any time by discontinuing use of the Services and removing the App from your device(s).
• Termination by Us: We may terminate your access to the Services at our sole discretion for any reason, including but not limited to a violation of this Agreement.
• Effect of Termination: Upon termination, all rights granted to you under this Agreement will cease immediately. The terms of this Agreement relating to intellectual property, indemnification, disclaimers, limitations of liability, and any other provisions intended by their nature to survive termination shall continue in effect following termination.

14. Dispute Resolution and Arbitration

Please read this section carefully, as it affects your legal rights.

• Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (“Dispute”), you agree to first attempt to resolve the Dispute informally by contacting us at contact@balanse.app. If the Dispute cannot be resolved informally within a reasonable timeframe (not to exceed 60 days), you or Balanse may seek relief as set forth below.
• Agreement to Arbitrate: Except for Disputes that qualify for small claims court, you and Balanse agree to resolve any Dispute by binding arbitration rather than in court. By agreeing to these terms, you and Balanse each waive the right to a trial by jury.
• Arbitration Procedures: The arbitration will be conducted by a neutral arbitrator in the county where you reside or in another mutually agreed location. The arbitration shall be administered by a reputable arbitration organization (such as the American Arbitration Association) under its applicable rules. Each party will bear its own costs and attorney’s fees unless otherwise required by law or the arbitrator’s rules.
• Class Action Waiver: You and Balanse™ agree that any arbitration shall be conducted in your individual capacities only, and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.
• Exceptions: Notwithstanding the above, either party may seek injunctive or equitable relief in a court of proper jurisdiction in order to prevent or stop any actual or threatened infringement or misappropriation of intellectual property rights.
• Opt-Out: You may opt out of this arbitration provision by sending written notice of your decision to opt out to contact@balanse.app within 30 days of first using the Services. If you opt out of arbitration, all other parts of this Agreement remain in effect.

15. Governing Law

This Agreement and any Dispute will be governed by and construed in accordance with the laws of the state in which Balanse Inc. is headquartered, without regard to its conflict of law principles. If the arbitration provision is found not to apply to you or your Dispute, you agree to submit to the personal jurisdiction of the state and federal courts located in the jurisdiction where Balanse Inc. is headquartered.

16. Children and Parental Controls

If you are a parent or guardian permitting a minor to use the Services, you agree to supervise such use and bear all responsibility for any consequences of the minor’s use of the Services. The App and its content are not directed at children under the age of 13, and we do not knowingly collect personal information from children under 13 without parental consent. If you believe we may have any information from or about a child under 13 without such consent, please contact us.

17. Changes to This Agreement

We may update or modify this Agreement from time to time, at our sole discretion. If we make material changes, we will notify you via the email address associated with your account (if any) and/or by prominently posting notice of the changes within the App. Your continued use of the Services after the posting of changes constitutes your acceptance of such changes.

18. Miscellaneous

• Severability: If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
• Waiver: The failure of Balanse™ to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
• Entire Agreement: This Agreement, including any policies or guidelines incorporated by reference, constitutes the entire agreement between you and Balanse regarding your use of the Services.
• Assignment: Balanse™ may assign its rights or delegate its obligations under this Agreement, in whole or in part, at any time and without notice to you. You may not assign this Agreement or transfer any rights to use the Services unless Balanse grants you written permission to do so.
• Headings: Section headings in this Agreement are for convenience only and have no legal or contractual effect.

19. Contact Information

If you have any questions regarding this Agreement, or if you have any concerns or complaints, please contact us at:
Email: contact@balanse.app

By accessing or using the Balanse™ App or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.