Terms of Service for Your Best Week Yet

1. ACCEPTANCE OF TERMS

These Terms of Service (“Terms”) constitute a legal agreement between you (“User,” “you,” or “your”) and Mohawk Valley Wellness, Inc. (“Company,” “we,” “us,” or “our”) regarding your use of the Your Best Week Yet mobile application (the “App”). The App is developed and maintained by Skyforged Software.

By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the App.

2. ELIGIBILITY

2.1 Age Requirement

You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.

2.2 Geographic Restriction

The App is intended for use within the United States only. Use of the App from other locations is prohibited.

2.3 Account Requirement

An active user account is required to access any features of the App. You may not use the App without creating an account.

3. USER ACCOUNTS

3.1 Account Creation

To create an account, you must provide accurate and complete information, including your name, email address, and organization affiliation. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Organization Participation

Your use of the App is typically facilitated through participation in a wellness program offered by your employer, gym, or other organization (“Organization”). Your Organization may have access to your fitness data and progress as described in Section 7.

3.3 Account Security

You are solely responsible for maintaining the security of your account and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

4. ACCEPTABLE USE

4.1 Permitted Use

You may use the App solely for personal fitness and wellness tracking as intended by the App’s features.

4.2 Prohibited Activities

You agree not to:

• Provide false, inaccurate, or misleading information
• Attempt to gain unauthorized access to other users’ accounts or data
• Use the App for any unlawful purpose or in violation of these Terms
• Interfere with or disrupt the App’s functionality or security
• Reverse engineer, decompile, or attempt to extract source code from the App
• Use automated systems or bots to access the App

5. HEALTH AND FITNESS DISCLAIMERS

5.1 Not Medical Advice

THE APP IS FOR FITNESS AND WELLNESS TRACKING PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The App does not replace professional medical consultation, examination, or treatment.

5.2 Consult Healthcare Professionals

Before beginning any fitness program or making changes to your diet, exercise routine, or lifestyle based on App recommendations, you should consult with qualified healthcare professionals.

5.3 User Responsibility

You are solely responsible for:

• The accuracy of all health and fitness data you enter into the App
• Your decisions regarding diet, exercise, and lifestyle choices
• Any risks associated with your fitness activities
• Monitoring your own health and seeking appropriate medical care when needed

5.4 No Guaranteed Results

We make no representations or warranties regarding any fitness, health, or weight loss results from using the App. Individual results may vary.

6. INTELLECTUAL PROPERTY

6.1 App Ownership

The App, including all content, features, functionality, graphics, and design, is owned by Mohawk Valley Wellness, Inc. and Skyforged Software and is protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the App solely for your personal, non-commercial use in accordance with these Terms.

6.3 User Data

You retain ownership of the personal fitness and health data you input into the App. By using the App, you grant us a license to use this data as described in our Privacy Policy.

7. DATA SHARING AND ORGANIZATIONS

7.1 Organization Access

Your Organization may have access to your fitness data, progress metrics, and leaderboard information as part of their wellness program. This access enables:

• Program administration and management
• Progress monitoring and support
• Group challenges and leaderboards
• Program effectiveness analysis

7.2 Anonymous Option

You may choose to appear as “Anonymous” on leaderboards, though your Organization’s program administrators may still have access to your identified data for program management purposes.

7.3 Employer Relationships

If you access the App through an employer-sponsored program:

• Your employer is not responsible for the App’s functionality or your use of it
• Your employment status does not affect these Terms
• We are not responsible for any employment-related decisions based on your App usage

8. PRIVACY

Your privacy is important to us. Please review our Privacy Policy at yourbestweekyet.com/privacy, which explains how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference.

9. TERMINATION

9.1 Termination by You

You may terminate your account at any time by contacting us or through the App’s settings.

9.2 Termination by Us

We may suspend or terminate your account at any time for violation of these Terms, illegal activity, or other reasons we deem appropriate.

9.3 Effect of Termination

Upon termination, your right to use the App will cease immediately. Data retention following termination is governed by our Privacy Policy.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

10.1 Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

IN NO EVENT SHALL MOHAWK VALLEY WELLNESS, INC., SKYFORGED SOFTWARE, OR THEIR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP.

10.3 Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED $100.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mohawk Valley Wellness, Inc., Skyforged Software, and their officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the App or violation of these Terms.

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

12.2 Mediation

Any disputes arising from these Terms or your use of the App shall be resolved through binding mediation in Oneida County, New York, before resorting to litigation.

12.3 Jurisdiction

If mediation fails, any legal action must be brought in the state or federal courts located in Oneida County, New York.

13. CHANGES TO TERMS

We may modify these Terms at any time. We will notify you of significant changes through the App and via email. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

The most current version of these Terms is available at: yourbestweekyet.com/terms

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15. CONTACT INFORMATION

For questions about these Terms, contact us: