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Legal Document — Terms of Use

MyBest24 Terms of Use

Effective Date: April 29, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE SERVICE AND INCLUDE PROVISIONS THAT LIMIT OUR LIABILITY (SECTION 11), DISCLAIM WARRANTIES (SECTION 10), AND REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVE PARTICIPATION IN CLASS ACTIONS (SECTION 13). YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF FIRST ACCEPTANCE OF THESE TERMS, AS DESCRIBED IN SECTION 13.

These Terms of Use ("Terms") form a binding agreement between you and MyBest24 ("we," "us," or "our") regarding your use of the MyBest24 service, including the website at mybest24.com and the MyBest24 application (collectively, the "Service"). The MyBest24 Privacy Policy is incorporated into these Terms by reference.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree, you may not use the Service. You represent that you are at least eighteen (18) years of age and that you have the legal capacity to enter into a binding contract. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

2. The Service

The Service is a wellness self-tracking and goal-setting tool. The Service is not intended to provide medical advice, mental-health treatment, diagnosis, or therapy. We may modify, suspend, or discontinue features at our discretion. For material removal of paid features, we will provide reasonable advance notice.

3. Medical and Wellness Disclaimer

The Service is provided for general wellness and informational purposes only. The Service is not medical advice, mental-health treatment, diagnosis, or therapy and is not a substitute for professional care. Information and features provided through the Service, including mood logs, reflections, weight entries, food entries, fitness entries, scoring, and any tips, suggestions, or insights generated within the Service or by the "Cally" feature, are for informational and self-awareness purposes only. The Service is not intended to diagnose, treat, cure, or prevent any disease, mental-health condition, or eating disorder.

Always consult a qualified healthcare or mental-health provider before making decisions about your health, including changes to diet, exercise, medication, or treatment plans. Never disregard, avoid, or delay seeking professional medical or mental-health advice because of something you read or did within the Service.

The Health Team feature permits you to share data with a coach or therapist whom you select. Use of the Health Team feature does not create a doctor-patient, therapist-patient, or other professional relationship between you and MyBest24, or between you and any provider through MyBest24. Any professional relationship is between you and your provider directly and is governed by your provider's licensure and any separate agreements between you and your provider. We act solely as a conduit for the data you choose to share.

If you are experiencing a mental-health crisis or medical emergency, do not rely on the Service. In the United States, contact the Suicide and Crisis Lifeline by calling or texting 988, contact emergency services by calling 911, or go to the nearest emergency room. The Crisis Text Line may be reached by texting HOME to 741741. The National Alliance for Eating Disorders helpline may be reached at 1-866-662-1235.

[LAWYER REVIEW REQUIRED] — Conservative wellness-app boilerplate. A licensed attorney should review and adapt for California-specific duty-of-care language and confirm crisis-resource accuracy at time of publication.

4. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. One person per account. You must provide accurate information at registration, including a current email address through which we may contact you. You must promptly notify us at hello@mybest24.com of any unauthorized access. We may suspend or terminate accounts in accordance with Section 15.

5. Acceptable Use

You agree that you will not, and will not permit any third party to:

  1. reverse-engineer, decompile, disassemble, or scrape the Service;
  2. use the Service to harass, harm, surveil, or coerce another person, including misuse of the Health Team feature to monitor a person without that person's full informed consent;
  3. upload or transmit any unlawful, infringing, harmful, or malicious content, or any content designed to harm our systems or other users;
  4. probe, scan, or attempt to compromise our infrastructure;
  5. impersonate another user, person, or entity;
  6. use the Service to provide healthcare, therapy, or any other licensed service to others without holding the appropriate license;
  7. use the Service to develop a competing product or to create a derivative dataset of MyBest24 content;
  8. circumvent any technical or security measures we implement.

Violations may result in suspension or termination of your account and may give rise to civil or criminal liability.

6. Health Team Feature

6.1 Your Control. You and only you determine who receives a Health Team share link and which categories of your data are visible. You may revoke access at any time. Tokens automatically expire ninety (90) days after issuance.

6.2 Conduit Status. When you share data via Health Team, MyBest24 acts as a conduit and is not a party to the relationship between you and the recipient. We are not responsible for the recipient's use of data once disclosed. Your relationship with the recipient is governed by their professional and legal obligations and any agreement you have with them.

6.3 Recipient Acknowledgment. Recipients accessing data through Health Team must accept a separate "Health Team Recipient" notice prior to viewing data. That notice addresses acceptable use, confidentiality, and the recipient's obligation to comply with their own professional and legal requirements (including HIPAA where applicable).

6.4 HIPAA. MyBest24 is not currently a HIPAA-covered entity and does not currently execute Business Associate Agreements. Licensed providers should consult their own compliance advisors.

6.5 Beta Status. Health Team and the Pro features for coaches and therapists are currently in beta. Functionality may change. We may modify or discontinue beta features with reasonable notice.

7. Your Content

You retain ownership of all data and content you create within the Service ("Your Content"). You grant us a limited, worldwide, royalty-free license to host, store, transmit, display, and process Your Content solely as necessary to operate the Service for you and to fulfill the sharing choices you make through Health Team. This license terminates when you delete Your Content or your account, except for backup copies that age out in accordance with our Privacy Policy. We do not use Your Content to train any artificial intelligence or machine learning model.

8. Our Content

The Service, including the application, brand, source code, design, the "Cally" character, the scoring system, the Health Team feature, and all related text, graphics, logos, and other intellectual property ("Our Content"), is owned by MyBest24 and its licensors. All rights are reserved. We grant you a limited, personal, non-transferable, non-sublicensable, revocable license to use the Service for your own personal wellness tracking. You may not copy, redistribute, modify, reverse-engineer, or create derivative works of Our Content.

9. MyBest24 Pro

MyBest24 Pro is currently in beta and is provided without charge to invited users. Paid subscription terms, including pricing, billing cadence, automatic-renewal disclosures, cancellation procedures, and refund policy, will be set forth in this Section 9 prior to the commencement of billing. Acceptance of these Terms does not constitute acceptance of any future paid terms, which will require separate acceptance.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available," without warranty of any kind, express or implied. To the maximum extent permitted by applicable law, MyBest24 disclaims all warranties, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure against unauthorized access, or free of viruses or other harmful components, or that any defects will be corrected. We do not warrant that the Service will produce specific outcomes, including, without limitation, any health, wellness, fitness, or mental-health outcomes. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

[LAWYER REVIEW REQUIRED] — Conservative "AS IS" boilerplate. A licensed attorney should confirm California-compliant magic-word phrasing and any consumer-protection carve-outs.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will MyBest24 or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including, without limitation, damages for loss of profits, loss of data, loss of goodwill, or any other intangible losses, arising out of or relating to your use of or inability to use the Service, even if MyBest24 has been advised of the possibility of such damages.

In no event will MyBest24's total cumulative liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the total amount you paid to MyBest24 in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (US $100).

The foregoing limitations do not apply to liability arising from: (i) gross negligence or intentional misconduct; (ii) fraud; (iii) death or bodily injury caused by our negligence to the extent applicable law does not permit such limitation; or (iv) any other liability that cannot be limited under applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

[LAWYER REVIEW REQUIRED] — Conservative cap structure. A licensed attorney should set the appropriate cap amount and confirm compliance with California Civil Code section 1668.

12. Indemnification

You agree to defend, indemnify, and hold harmless MyBest24 and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms or applicable law; (b) Your Content; (c) your misuse of the Health Team feature, including unauthorized surveillance or coercion of another person; or (d) your violation of any third-party right, including any intellectual-property or privacy right. We may, at our sole discretion, assume the defense of any matter for which you owe us indemnification, in which case you will cooperate with us in such defense. You may not settle any matter for which we owe indemnification without our prior written consent.

[LAWYER REVIEW REQUIRED] — Standard structure. A licensed attorney should confirm scope and any required California consumer carve-outs.

13. Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to a jury trial and your right to participate in a class action.

13.1 Informal Resolution. Before initiating arbitration, you agree to send a written description of your dispute to hello@mybest24.com, including the relief you seek. We agree to do the same with respect to any dispute we have against you. Many disputes can be resolved within thirty (30) days of such notice.

13.2 Binding Arbitration. Except as set forth in Section 13.4, any dispute, claim, or controversy between you and MyBest24 arising out of or relating to these Terms, the Service, or your relationship with MyBest24 will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in the federal judicial district of your residence. For claims under twenty-five thousand United States dollars (US $25,000), arbitration may be conducted by phone or video at your election. The arbitrator's decision will be final and binding.

13.3 Class Action Waiver. You and MyBest24 each agree that disputes will be resolved only on an individual basis and not on a class, consolidated, or representative basis. Neither you nor MyBest24 may bring a claim as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable as to a particular claim or remedy, that claim or remedy must be severed and brought in a court of competent jurisdiction, while all other claims continue in arbitration.

13.4 Exceptions. Either party may bring a qualifying claim in small-claims court in lieu of arbitration, provided the claim qualifies under that court's rules. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction with respect to actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

13.5 Right to Opt Out. You may opt out of the arbitration agreement and class-action waiver in this Section 13 by sending written notice to hello@mybest24.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first acceptance of these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement of your election to opt out. If you opt out, neither party will be bound by the arbitration agreement or class-action waiver, but all other provisions of these Terms continue to apply.

13.6 Federal Arbitration Act. The arbitration agreement in this Section 13 is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

[LAWYER REVIEW REQUIRED — HIGH PRIORITY] — Widely-litigated consumer-app boilerplate. A licensed attorney must confirm: (i) AAA versus JAMS choice; (ii) opt-out address and procedure; (iii) any California-specific carve-outs (e.g., PAGA enforceability post-Viking River); (iv) mass-arbitration protections.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding its conflict-of-laws principles. For any dispute not subject to arbitration under Section 13, exclusive jurisdiction and venue lie in the state and federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.

[LAWYER REVIEW REQUIRED] — Confirm county and venue language.

15. Termination

15.1 By You. You may discontinue use of the Service and delete your account at any time. To delete your account, contact hello@mybest24.com.

15.2 By Us. We may suspend or terminate your account if you violate these Terms, if your activity creates risk or potential legal exposure for MyBest24, or for an extended period of inactivity. We will provide notice where reasonable.

15.3 Effect. Upon termination, your right to access the Service ceases. Your data is removed in accordance with the schedule set forth in our Privacy Policy.

15.4 Survival. The following Sections survive termination of these Terms: 7 (Your Content, license to retain backups), 8 (Our Content), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), 14 (Governing Law and Venue), and any other provision that by its nature should survive.

16. Modifications to These Terms

We may update these Terms from time to time. When we do, we will update the "Effective Date" at the top of this document. For material changes, we will provide notice within the Service or by email to the address associated with your account at least fourteen (14) days before the changes take effect, where reasonable. Your continued use of the Service after the effective date of material changes constitutes acceptance of the updated Terms. If you do not agree, your remedy is to discontinue use and delete your account.

17. Miscellaneous

17.1 Entire Agreement. These Terms, together with the Privacy Policy and any feature-specific notices presented within the Service, constitute the entire agreement between you and MyBest24 regarding the Service and supersede all prior agreements.

17.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be reformed only to the extent necessary to make it enforceable.

17.3 No Waiver. Our failure to enforce any provision is not a waiver of our right to do so subsequently.

17.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

17.5 Notices to You. We may send notices to the email address associated with your account, post them within the Service, or both.

17.6 Notices to Us. Notices to us should be sent to hello@mybest24.com. Where these Terms require written notice, email is sufficient unless we specify otherwise.

17.7 Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

18. Contact

Questions regarding these Terms may be directed to hello@mybest24.com.

Last updated: April 29, 2026.

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