Imperfect Wellness, inc.
TERMS OF USE
AI-Powered Coaching. Imperfect Coach provides personalized wellness recommendations based on your data, goals, and preferences.
Wearable Integration. The App integrates with third-party wearable devices and platforms (e.g., Apple Watch, Garmin, Whoop, Oura) to collect wellness metrics such as heart rate, heart rate variability, respiratory rate, sleep data, workout data, and recovery metrics.
Data Integration. The App may also integrate with your calendar, weather services, and other third-party data sources to provide contextual recommendations.
Personal Profiles. Users maintain personal profiles containing wellness goals, habits, dietary preferences, and other information to personalize the coaching experience.
3.2 Service Limitations
The Service is available exclusively through the Imperfect mobile application on iOS and Android. While Imperfect maintains a website at imperfect.co, the website does not provide access to the Service or support user login. Imperfect does not manufacture, sell, or distribute wearable devices or any other hardware.
3.3 Modifications to the Service
Imperfect reserves the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make commercially reasonable efforts to notify you of material changes to the Service that adversely affect your use. Imperfect shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
3.4 System Requirements
The Service requires a compatible mobile device, an active internet connection, and a supported operating system. You are solely responsible for obtaining and maintaining the equipment and internet access necessary to use the Service.
4. Account registration and security
4.1 Account Creation
To access the Service, you must create an account using one of the following authentication methods:
Sign in with Google — using your Google account credentials;
Sign in with Apple — using your Apple Account credentials; or
Passwordless Email Authentication — using a verification link sent to your email address.
Your use of Sign in with Google or Sign in with Apple is also subject to the applicable terms and privacy policies of Google and Apple, respectively. Imperfect is not responsible for the practices of these third-party authentication providers.
4.2 Account Responsibilities
You are responsible for:
Maintaining the security of your account and any associated authentication methods;
All activities that occur under your account, whether or not authorized by you;
Notifying Imperfect immediately at info@imperfect.co of any unauthorized access to or use of your account; and
Ensuring that your account information remains accurate and up to date.
Imperfect will not be liable for any loss or damage arising from your failure to comply with these obligations. You may not share your account credentials or otherwise permit any third party to access your account.
4.3 One Account Per User
Each User may maintain only one active account. Creating multiple accounts may result in the suspension or termination of all associated accounts without notice.
User Data and Privacy
5.1 Data Collection
In connection with the Service, we collect and process the following categories of data:
User-Provided Data: Profile information (e.g., name, email address, age, gender, weight, height, fitness level), wellness goals, habits, dietary preferences, and conversation inputs to Imperfect Coach.
Automatically Collected Data: Wellness metrics from connected wearable devices (e.g., heart rate, heart rate variability, respiratory rate, sleep data, workout data, strain and recovery scores), calendar data, weather data, device information, and geolocation data (with your permission).
Usage Data: Information about how you interact with the Service, including access times, features used, and session duration.
5.2 Use of Data
Your data is used to:
Provide, personalize, and improve the Service;
B. Generate AI-powered wellness recommendations through Imperfect Coach;
C. Train and improve Imperfect’s internal AI models;
D. Share data in de-identified form with our third-party AI partners (currently Anthropic and Google) to process and generate personalized recommendations for you; and
E. Create aggregated, de-identified analytics as described in Section 6.7.
We contractually require our AI partners to not use your data for their own model training purposes. For the avoidance of doubt, “de-identified” means data that has been processed to remove or obscure personally identifiable information such that it cannot reasonably be used to identify you.
5.3 Data Hosting
User data is hosted on Render and MongoDB Atlas, which operate on Google Cloud infrastructure located in the United States.
5.4 Consumer Health Data
The Service processes health-related and wellness data that may constitute “Consumer Health Data” under applicable U.S. state laws, including the Washington My Health My Data Act and similar legislation. Our collection, use, and sharing of such data is described in detail in our Privacy Policy. To the extent required by applicable law, we will obtain your consent before collecting or sharing Consumer Health Data and will honor any opt-out requests.
5.5 Your Privacy Rights
Depending on your jurisdiction, you may have certain rights regarding your personal data, including the right to access, correct, delete, or port your data, and the right to opt out of certain data uses. For residents of California, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). For full details about your rights and how to exercise them, please refer to our Privacy Policy at imperfect.co/privacy-policy.
5.6 Data Deletion
You may delete your Imperfect Coach conversation history at any time through the App. You may also request deletion of your account and associated personal data by contacting us at info@imperfect.co. Please note that certain data may be retained as required by law or for legitimate business purposes (e.g., to comply with legal obligations, resolve disputes, or enforce our agreements), and de-identified data that has already been incorporated into aggregated datasets or AI training data may not be recoverable or deletable.
5.7 Prohibited Data Inputs
You should not input the following types of information into conversations with Imperfect Coach or elsewhere in the Service:
Social Security numbers or government-issued identification numbers;
Financial account numbers, credit card numbers, or banking information;
Passwords or authentication credentials for third-party services; or
Other highly sensitive personal information not necessary for the wellness coaching Service.
Imperfect is not responsible for any consequences arising from your decision to input prohibited data types into the Service. We also advise you not to include identifying information (such as your full legal name) in conversations with Imperfect Coach.
5.8 Analytics Data
Imperfect reserves the right to create and use aggregated and de-identified analytics data derived from your use of the Service, including data relating to service uptime, latency, usage patterns, and performance metrics. Such aggregated data will not reasonably identify you personally and may be used by Imperfect for any lawful business purpose.
AI-Powered Features and Disclaimers
6.1 Imperfect Coach
Imperfect Coach is a generative AI feature that provides personalized wellness coaching by analyzing your wellness metrics, goals, and preferences using AI technology. Imperfect Coach leverages third-party AI technology provided by Anthropic (Claude) and Google (Gemini). The AI models used by the Service may be updated, modified, or replaced from time to time without notice.
6.2 AI Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT:
Not Medical Advice. The Service, including Imperfect Coach, provides information for general wellness and educational purposes only. The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. Nothing provided through the Service should be construed as medical advice, and you should always consult with a qualified healthcare professional before making any health-related decisions or before starting any new exercise, nutrition, or wellness program.
Not Professional Advice. The Service does not provide legal, financial, nutritional, psychological, or other professional advice. Any recommendations provided by the Service are for informational purposes only and should not be relied upon as a substitute for professional consultation.
AI Limitations. AI-generated content may be inaccurate, incomplete, outdated, or inappropriate. AI models are subject to inherent limitations, including potential biases in training data and the possibility of generating incorrect or misleading information (“hallucinations”). You should independently verify any information or recommendations provided by the Service before acting on them.
No Guarantee of Results. Imperfect does not guarantee that the Service will produce any specific health, wellness, or fitness outcomes. Individual results will vary based on numerous factors outside of Imperfect’s control.
Non-Unique Output. AI-generated output is not guaranteed to be unique. Other users of the Service may receive similar or identical recommendations or content.
User Responsibility. You are solely responsible for any decisions you make and actions you take based on information or recommendations provided through the Service. Imperfect shall not be liable for any injury, harm, or damage resulting from your reliance on AI-generated content.
6.3 Third-Party AI Technology
The Service integrates pre-built, pre-trained AI models from Anthropic and Google. Your use of the Service is also subject to any applicable terms, policies, or usage guidelines imposed by these third-party AI providers to the extent such terms are incorporated herein or communicated to you. Imperfect is not responsible for the performance, availability, output, or content generated by third-party AI models.
Acceptable Use and Restrictions
7.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of the Service.
7.2 Prohibited Conduct
Without limiting the foregoing, you agree not to:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, data models, or structure of the Service;
Use automated tools, bots, scrapers, crawlers, or similar technology to access, collect, or extract data from the Service;
Copy, reproduce, modify, adapt, translate, distribute, sell, lease, sublicense, or create derivative works of any part of the Service;
Use the Service, or any data obtained from the Service, to develop a competing product or service;
Circumvent, disable, or otherwise interfere with any security-related, access-control, or digital rights management features of the Service;
Transmit any viruses, worms, malware, trojans, or other harmful or disruptive code through the Service;
Impersonate any person or entity, or falsely state or misrepresent your identity or affiliation with any person or entity;
Use the Service to send unsolicited communications, spam, or advertisements;
Share, transfer, or otherwise make available your account credentials to any third party;
Use the Service in any manner that could endanger minors or any other individual;
Use the Service in violation of any applicable law, regulation, or third-party rights, including intellectual property, privacy, or publicity rights; or
Attempt to gain unauthorized access to the Service, other user accounts, or any systems or networks connected to the Service.
7.3 Acceptable Use Policy
Imperfect may publish and update an Acceptable Use Policy from time to time, which shall be incorporated into these Terms by reference. Violations of these Terms or any applicable Acceptable Use Policy may result in the immediate suspension or termination of your account.
Intellectual Property
8.1 Imperfect’s Intellectual Property
The Service, including all software, algorithms, AI models, designs, text, graphics, logos, trademarks (including Imperfect™ and Imperfect Coach™), and other content and materials, is the exclusive property of Imperfect Wellness, Inc. or its licensors and is protected by applicable intellectual property laws, including copyright, trademark, patent, and trade secret laws. Nothing in these Terms grants you any right, title, or interest in the Service or its content, except for the limited license expressly set forth in Section 9.2.
8.2 Limited License
Subject to your compliance with these Terms and payment of all applicable fees, Imperfect grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service on your personal mobile device(s) for your personal, non-commercial wellness purposes. This license does not include the right to modify, distribute, or create derivative works based on the Service.
8.3 User Content
You retain ownership of the data and content you provide to the Service (“User Content”), including profile information, wellness goals, and conversation inputs. By providing User Content, you grant Imperfect a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, process, and analyze your User Content solely for the purposes of: (a) providing, operating, and improving the Service; (b) generating personalized recommendations for you; and (c) training and improving Imperfect’s internal AI models using de-identified data as described in Section 6. This license survives termination of your account to the extent User Content has already been incorporated into de-identified datasets or AI model training.
8.4 AI-Generated Output
AI-generated recommendations and content produced by the Service (“Output”) are provided for your personal use. You may use Output for your own personal wellness purposes. As between you and Imperfect, Imperfect retains all right, title, and interest in and to the underlying AI models, algorithms, and technology used to generate Output. Output is provided without any representation or warranty of accuracy, completeness, or fitness for any purpose.
8.5 Feedback
If you provide Imperfect with any suggestions, ideas, enhancement requests, feedback, or recommendations regarding the Service (“Feedback”), you hereby assign to Imperfect all right, title, and interest in and to such Feedback. Imperfect shall be free to use, disclose, reproduce, license, and otherwise exploit Feedback without restriction or obligation to you.
Copyright Infringement (DMCA)
Imperfect respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to valid notices of alleged copyright infringement.
9.1 DMCA Notices
If you believe that your copyrighted work has been used or displayed on or through the Service in a manner that constitutes copyright infringement, please submit a written notification to our designated copyright agent containing the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Imperfect to locate the material;
Your contact information, including address, telephone number, and email address;
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to: info@imperfect.co or to the mailing address in Section 21.
9.2 Counter-Notification
If you believe that material removed or disabled as a result of a DMCA notice was not infringing, or that you have authorization from the copyright owner or the law to use the material, you may submit a counter-notification to our designated agent containing the information required under the DMCA.
9.3 Repeat Infringers
Imperfect reserves the right to terminate the accounts of users who are determined, in our sole discretion, to be repeat infringers.
Third-Party Services and Integrations
10.1 Third-Party Integrations
The Service integrates with third-party services, devices, and platforms, including but not limited to wearable devices and fitness trackers, calendar applications, weather services, and AI technology providers. Your use of any third-party service is governed by the respective third party’s terms of service and privacy policy. Imperfect is not responsible for the availability, accuracy, security, or content of third-party services and does not endorse any third-party product or service.
10.2 Third-Party AI Providers
The Service uses AI technology from Anthropic (Claude) and Google (Gemini) to power Imperfect Coach and other features. Your use of these features is subject to any applicable usage policies of these providers. Imperfect is not responsible for the performance, availability, or output quality of third-party AI models.
10.3 Wearable Device Data
The accuracy of data received from third-party wearable devices and fitness trackers depends on the capabilities and limitations of those devices. Imperfect does not guarantee the accuracy, completeness, or reliability of any data received from third-party devices and is not responsible for any errors, inaccuracies, or omissions in such data.
10.4 Community Features
Imperfect may offer optional community features, including WhatsApp groups for user feedback and community interaction. Participation in these communities is voluntary and subject to the applicable platform’s terms of service. Imperfect is not responsible for content posted by other users in community channels and does not endorse any views expressed therein.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, IMPERFECT DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR APPROPRIATE FOR ANY PURPOSE; (E) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (F) THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM, OR THIRD-PARTY SERVICE.
THE SERVICE IS A WELLNESS TOOL AND IS NOT A MEDICAL DEVICE. IT HAS NOT BEEN EVALUATED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY AUTHORITY. THE SERVICE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF INFORMATION PROVIDED THROUGH THE SERVICE.
THE SERVICE REQUIRES AN ACTIVE INTERNET CONNECTION AND A COMPATIBLE MOBILE DEVICE. IMPERFECT IS NOT RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SERVICE DUE TO CONNECTIVITY ISSUES, DEVICE INCOMPATIBILITY, OR THIRD-PARTY SERVICE OUTAGES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPERFECT, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “IMPERFECT PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, EVEN IF ANY IMPERFECT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE IMPERFECT PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO IMPERFECT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations in this section shall apply to the fullest extent permitted by applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Imperfect Parties from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:
Your access to or use of the Service;
Your violation of these Terms or any applicable law, regulation, or third-party right;
Any User Content you provide through the Service;
Your negligence or willful misconduct; or
Any dispute between you and a third party arising from your use of the Service.
Imperfect reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Imperfect.
14. Termination
14.1 Termination by You
You may terminate your account at any time by: (a) canceling your subscription through your device’s app store subscription settings; and (b) requesting account deletion through the App or by contacting us at info@imperfect.co. Cancellation of your subscription does not automatically delete your account or personal data; you must separately request data deletion if desired.
14.2 Termination by Imperfect
Imperfect may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:
Violation of these Terms or any applicable Acceptable Use Policy;
Fraudulent, abusive, or unlawful activity;
Non-payment of Subscription Fees;
Extended periods of inactivity;
Conduct that threatens the safety, security, integrity, or availability of the Service or other users; or
As required by applicable law or regulation.
Imperfect will make commercially reasonable efforts to provide notice of termination, except where immediate action is necessary to protect the Service, other users, or to comply with legal obligations.
14.3 Effect of Termination
Upon termination of your account for any reason:
Your license to access and use the Service will immediately cease;
You must cease all use of the Service and delete any copies of Service content in your possession;
Any outstanding Subscription Fees owed will become immediately due and payable;
Imperfect may delete your account data in accordance with our Privacy Policy and applicable data retention requirements; and
The following provisions shall survive termination: Sections 6 (User Data and Privacy), 7.2 (AI Disclaimers), 9 (Intellectual Property), 10 (Copyright Infringement), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Dispute Resolution), 17 (Governing Law), and 20 (General Provisions).
15. Dispute resolution and Arbitration
IMPORTANT: THIS SECTION CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION / JURY TRIAL WAIVER THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
15.1 Informal Resolution
Before initiating any formal dispute resolution proceedings, you agree to first contact Imperfect at info@imperfect.co and attempt to resolve the dispute informally. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to binding arbitration as set forth below.
15.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be conducted by a single arbitrator and shall take place in San Mateo County, California, or at another mutually agreed location (or remotely, by video or telephone, at the election of either party). The language of the arbitration shall be English. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3 Class Action and Jury Trial Waiver
YOU AND IMPERFECT EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Imperfect agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. YOU AND IMPERFECT EACH WAIVE ANY RIGHT TO A JURY TRIAL.
15.4 Exceptions
Notwithstanding the foregoing: (a) either party may bring an individual action in small claims court for disputes within the court’s jurisdictional limits; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
15.5 Opt-Out
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accept these Terms by sending written notice of your decision to opt out to info@imperfect.co or to the mailing address provided in Section 21. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, you and Imperfect will resolve any disputes through the courts as specified in Section 17.
15.6 Mass Arbitration
If twenty-five (25) or more similar arbitration demands are filed against Imperfect within a sixty (60) day period, JAMS’ applicable mass arbitration rules and procedures shall apply. The parties agree to cooperate in good faith to implement procedures that promote the efficient resolution of such claims, including the use of bellwether arbitrations.
15.7 Arbitration Fees
Payment of arbitration fees will be governed by JAMS’ fee schedule then in effect. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Imperfect will pay as much of the filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
16. Governing Law and Jurisdiction
These Terms and any disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, you and Imperfect consent to the exclusive personal jurisdiction and venue of the state and federal courts located in San Mateo County, California.
17. Apple and Google App Store Terms
The following additional terms apply when you download or use the App through the Apple App Store or Google Play Store (each, an “App Store Provider”):
17.1 Acknowledgment
You acknowledge that these Terms are between you and Imperfect only, and not with any App Store Provider. Imperfect, not the App Store Provider, is solely responsible for the App and the content thereof.
17.2 Scope of License
The license granted to you for the App is limited to a non-transferable license to use the App on a device that you own or control, as permitted by the usage rules set forth in the applicable App Store Provider’s terms of service.
17.3 Maintenance and Support
Imperfect is solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You acknowledge that no App Store Provider has any obligation to furnish any maintenance and support services with respect to the App.
17.4 Warranty
In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Store Provider, and the App Store Provider may refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation with respect to the App.
17.5 Claims
Imperfect, not the App Store Provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
17.6 Intellectual Property Claims
In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Imperfect, not the App Store Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
17.7 Third-Party Beneficiary
You acknowledge and agree that each App Store Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to this Section 18 and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
18. Changes to These Terms
Imperfect reserves the right to modify, amend, or update these Terms at any time. The most current version of these Terms will be posted at imperfect.co/terms with an updated “Last Updated” date. If we make material changes to these Terms, we will provide you with at least thirty (30) days’ notice through the App, by email, or by other reasonable means before the changes take effect.
Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and terminate your account before the changes take effect.
General Provisions
19.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies, guidelines, or agreements expressly referenced herein, constitute the entire agreement between you and Imperfect regarding the Service and supersede all prior agreements, understandings, representations, and warranties, whether written or oral, with respect to the Service.
19.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent to the maximum extent possible.
19.3 Waiver
The failure of Imperfect to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Imperfect.
19.4 Assignment
You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without the prior written consent of Imperfect, and any attempted assignment without such consent shall be null and void. Imperfect may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
19.5 Force Majeure
Imperfect shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, government actions or restrictions, failures of third-party services, internet or telecommunications outages, or power failures.
19.6 Notices
Imperfect may provide notices to you through the App, by email to the address associated with your account, or by other commercially reasonable means. You may provide notices to Imperfect at the contact information specified in Section 21. Notices are deemed received when sent by Imperfect (for electronic notices) or three (3) business days after deposit in the mail (for mailed notices).
19.7 No Third-Party Beneficiaries
Except as expressly provided in Section 18 (Apple and Google App Store Terms), these Terms are intended solely for the benefit of the parties hereto and do not confer any rights or remedies on any third party.
19.8 Relationship of the Parties
Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and Imperfect. Neither party has the authority to bind or obligate the other party in any manner.
19.9 Electronic Communications
By using the Service, you consent to receiving electronic communications from Imperfect, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
19.9.1 Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.
19.9.2 Export Compliance
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations in your use of the Service.
20. Contact Information
If you have any questions, concerns, or notices regarding these Terms, please contact us at:
Imperfect Wellness, Inc.
1325 Howard Ave #265
Burlingame, CA 94010
United States
Email: info@imperfect.co
Website: imperfect.co