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Terms of Service

Effective Date: 21 November 2025
Last Updated: 21 November 2025

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” “user”) and Embrace Health, Ltd. (“Poez,” “we,” “our,” or “us”) regarding your access to and use of the Poez mobile application, related websites, software, content, and services (collectively, the “Services”). By creating an account, downloading the App, or otherwise accessing or using the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

 

1. About the Services
1.1 Purpose of the Services

Poez provides a digital platform designed for teens and parents, offering tools for tracking behaviors and routines, educational resources, and supportive engagement. The Services may include software features, assessments, messaging tools, content libraries, analytics, or dashboards intended to promote healthier habits.

1.2 NOT A MEDICAL DEVICE

The Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition and have not been reviewed or approved by the U.S. Food and Drug Administration (FDA) or equivalent global regulators. The Services should not be used to replace professional medical advice, mental health care, emergency intervention, healthcare evaluation, or clinical services of any kind.

1.3 Emergency Situations

The Services are not designed for crisis management or urgent response.
If you or someone else is in immediate danger or experiencing a medical or mental health emergency, call your local emergency number (e.g., 911) or contact qualified professionals immediately.

 

2. Eligibility & Accounts
2.1 Age Requirements

  • Users 13–17 may use the Services only with parental or legal guardian consent.

  • Users under 13 may use the Services only when verifiable parental consent is provided, consistent with the Children’s Online Privacy Protection Act (COPPA).
    We reserve the right to require additional proof of age or parental authority at any time.

2.2 Account Registration

You must provide accurate, complete registration information. You are responsible for safeguarding your login credentials and for all activities occurring under your account.

2.3 Parent & Guardian Responsibilities

If you are a parent or guardian, by providing consent for your child to use the Services:

  • You agree to all terms on behalf of your minor child

  • You remain fully responsible for your child’s use of the Services

  • You may request access, review, or deletion of your child’s data at any time

 

3. Privacy, Data Practices & HIPAA
3.1 Privacy Policy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and share personal information. By using the Services, you agree to the practices described therein.

3.2 HIPAA Compliance (If Applicable)

If Poez is determined to be a HIPAA Covered Entity or Business Associate, we will comply fully with all HIPAA obligations related to Protected Health Information (PHI), including:

  • Implementing required administrative, technical, and physical safeguards

  • Limiting uses/disclosures to those permitted under HIPAA

  • Executing Business Associate Agreements with downstream service partners

  • Providing individual rights (access, amendment, accounting, revocation)

  • Issuing required breach notifications

Regardless of the applicability of HIPAA, we will still treat health information as sensitive and protect it accordingly.

3.3 Data Accuracy

You are solely responsible for the accuracy of any data you enter. Poez does not verify or validate health metrics, self-reported information, or entries provided by users.

 

4. Third-Party Platforms & App Store Disclaimers
4.1 App Store Providers

The Services are distributed through third-party app stores such as the Apple App Store and Google Play Store (“App Platforms”). You acknowledge and agree that:

  • These App Platforms have their own terms, policies, and privacy practices

  • We do not control or influence App Platform operations or data processing

  • Poez is not liable for platform outages, data incidents, or service limitations imposed by App Platforms

4.2 Platform Permissions & Updates

Your device or App Platform may require periodic updates, permissions, or compatibility changes. We do not guarantee the Services will function on all versions or hardware configurations.

4.3 Third-Party Services & Integrations

The Services may rely on or link to third-party content, analytics, hosting, cloud services, or optional integrations. These third parties operate independently from Poez, and you agree that:

  • Their terms apply separately

  • Poez is not responsible for their actions or omissions

  • You access them at your own risk

 

5. License & Intellectual Property
5.1 Limited License

Subject to these Terms, Poez grants you a personal, non-exclusive, non-transferable, revocable license to use the Services for lawful, personal, non-commercial use.

5.2 Ownership

All intellectual property related to the Services—including trademarks, software, interfaces, graphics, content, and data workflows—is owned by Poez or its licensors. No transfer of rights occurs.

5.3 Prohibited Acts

You may not:

  • Copy, reproduce, or distribute the Services

  • Reverse engineer, decompile, or derive source code

  • Use automated tools (bots, scrapers, crawlers)

  • Circumvent access or security controls

  • Exploit or misuse features

 

6. User Content & Conduct
6.1 User Content

You retain ownership of any content you submit, including text entries, wellness logs, preferences, or communications. You grant Poez a non-exclusive, worldwide license to store, process, modify, anonymize, and use such content solely to operate, improve, and enhance the Services.

6.2 Prohibited Behavior

You agree not to:

  • Impersonate others

  • Upload harmful, obscene, or unlawful content

  • Attempt to access others’ accounts

  • Interfere with system integrity or performance

  • Use the Services to bully, harass, or harm others

6.3 Monitoring

We reserve the right to monitor user activity for safety, compliance, and service improvement, and to remove content or restrict access at our discretion.

 

7. No Medical Or Professional Advice
7.1 Informational Purposes Only

Any content, notifications, habit suggestions, or wellness reflections offered through the Services are for informational and educational purposes only and are not medical or clinical guidance.

7.2 No Provider-Patient Relationship

Use of the Services does not create a therapist-patient, doctor-patient, or provider-patient relationship.

7.3 Professional Care

You are solely responsible for seeking appropriate medical, psychological, or professional help when needed.

 

8. Changes, Updates & Availability
8.1 Service Modifications

We may modify, update, suspend, or discontinue the Services, in whole or in part, at any time without prior notice.

8.2 Updates & Beta Features

We may provide updates or experimental features which may not be fully tested. You use such features at your own risk.

8.3 Availability

The Services may be unavailable due to maintenance, upgrades, network issues, or third-party failures.

 

9. Termination
9.1 By You

You may stop using the Services at any time and may request account deletion.

9.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms

  • Misuse the Services

  • Provide inaccurate information

  • Present security or legal risks

  • Fail to provide required parental verification

9.3 Effect of Termination

Upon termination, your license ends immediately. Certain data may be retained as required by law or for legitimate business purposes.

 

10. Security
10.1 Safeguards

We strive to implement industry-standard administrative, technical, and physical safeguards to protect your data.

10.2 Limitations

No system is perfectly secure. By using the Services, you acknowledge inherent risks associated with digital data storage and transmission.

 

11. Disclaimer Of Warranties

The Services Are Provided “As Is,” “As Available,” And “With All Faults.”
Poez Disclaims All Warranties, Whether Express, Implied, Or Statutory, Including:

  • Merchantability

  • Fitness For A Particular Purpose

  • Non-Infringement

  • Accuracy Or Reliability

  • Continuous Or Error-Free Operation

You assume full responsibility for your use of the Services.

Poez Does Not Make Any Warranties That The App Or Any Data Or Reports Provided By Us, Will Meet Your Requirements, Be Retrievable, Uninterrupted, Timely, Secure, Or Error-Free Or That All Errors Will Be Corrected.

Poez Does Not Make Any Warranty As To The Results That May Be Obtained From The Use Of The App.

Poez Does Not Warrant Any Third-Party Device, Smart Device, Software, Service Or Data That You May Use In Connection With The App, Whether Or Not Such Third Party Item Is Described In, Or Available Or Can Be Connected To Through The App.

Poez Does Not Warrant The Accuracy Of Any User Device, And The Licensee Data Uploaded From Any Licensee Device And Received By Poez Is Provided To The Licensee “As-Is.” Poez Does Not Assume Any Obligation To, And Does Not Warrant That It Will, Create Or Include Additional Features Or Functionality For The App.

Except As Included In Any Poez Product Labeling, And Without Limiting Your Rights Under Applicable Law, If You Are Dissatisfied With Any Portion Of The Poez App, Your Sole And Exclusive Remedy Is To Discontinue Its Use.

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12. Limitation Of Liability

To The Maximum Extent Permitted By Law, Poez And Its Officers, Employees, Suppliers, And Partners Shall Not Be Liable For Any Indirect, Incidental, Special, Consequential, Exemplary, Or Punitive Damages, Including:

  • Loss Of Data

  • Loss Of Profits

  • Personal Injury

  • Emotional Distress

  • Service Interruption

  • Failure Of App Store Or Third-Party Services

  • Unauthorized Access Or Use

In jurisdictions that limit liability restrictions, our liability shall not exceed $100 USD or the amount you paid to Poez in the past 12 months, whichever is greater.

 

13. Indemnification

You agree to indemnify and hold harmless Poez from any claims, damages, liabilities, losses, or expenses (including attorneys’ fees) arising from:

  • Your use or misuse of the Services

  • Your breach of these Terms

  • Any content you provide

  • Violation of third-party rights

  • Misconduct related to your account

 

14. Governing Law & Dispute Resolution
14.1 Governing Law

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

14.2 Informal Resolution

You agree to attempt to resolve disputes informally before pursuing arbitration or litigation.

14.3 Arbitration Agreement

Except where prohibited by law, disputes shall be resolved through binding arbitration on an individual basis. Class actions, class arbitrations, and representative actions are waived.

 

15. Severability & Waiver

If any provision of these Terms is found invalid, the remaining provisions shall remain in full force. Failure to enforce a provision does not constitute a waiver.

 

16. Changes To These Terms

We may update or revise these Terms at any time. Material changes will be communicated through the App or via email. Continued use of the Services after revisions constitutes acceptance of the updated Terms.

 

17. Contact Information

For questions about these Terms, please contact us:

Embrace Health, Ltd.
56 Broad Street STE 14167
Boston, MA 02109
Email: admin@poez.me

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