Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Better Balance fall prevention platform and related services (collectively, the "Services") provided by Better Balance, Inc. ("Better Balance," "we," "us," or "our"), a Delaware C Corporation.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Better Balance, Inc.

If you are using our Services on behalf of an organization (such as a healthcare practice or clinic), you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Better Balance provides a digital health platform designed to help healthcare providers assess, monitor, and treat patients at risk of falling. Our Services include:

• Automated gait analysis and mobility tracking using smartphone sensors
• AI-powered exercise program generation and balance training
• Fall risk assessment and analytics dashboards
• Home safety assessment using computer vision
• Remote Therapeutic Monitoring (RTM) compliance tracking and billing support
• Patient engagement tools and progress tracking

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.

3. Eligibility and User Accounts

3.1 Healthcare Provider Accounts

To create a healthcare provider account, you must:

• Be a licensed healthcare professional or authorized representative of a healthcare organization
• Provide accurate, complete, and current registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Be at least 18 years of age

3.2 Patient Accounts

Patient accounts are created by or at the direction of authorized healthcare providers. Patients must be at least 18 years of age or have parental/guardian consent to use the Services.

3.3 Account Security

You are responsible for all activity that occurs under your account. You agree to:

• Use a strong, unique password and enable multi-factor authentication
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with others
• Log out of your account at the end of each session on shared devices

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Services for any unauthorized or illegal purpose
• Access or attempt to access accounts, data, or systems without authorization
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Introduce viruses, malware, or other malicious code
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use automated systems (bots, scrapers) to access the Services without permission
• Transmit spam, chain letters, or other unsolicited communications
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services in any manner that could harm patients or interfere with medical care

5. Healthcare Provider Responsibilities

If you are a healthcare provider using our Services, you acknowledge and agree that:

• You are solely responsible for all clinical decisions and patient care
• Our Services are clinical decision support tools and do not replace professional judgment
• You must verify the accuracy of all data and recommendations before relying on them
• You will obtain appropriate patient consent before using our Services
• You will comply with all applicable healthcare regulations, including HIPAA, HITECH, and state medical board requirements
• You will maintain appropriate professional liability insurance
• You are responsible for ensuring proper billing and coding practices

6. Medical Disclaimer

• Always seek the advice of your physician or qualified healthcare provider with questions about medical conditions
• Never disregard professional medical advice or delay seeking it because of information obtained through our Services
• If you think you may have a medical emergency, call your doctor or emergency services immediately
• The data, analytics, and recommendations provided by our Services are for informational purposes and clinical decision support only
• Healthcare providers must exercise independent clinical judgment when using our Services

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services, including all content, features, functionality, software, algorithms, designs, graphics, logos, and trademarks, are owned by Better Balance, Inc. and are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. This license does not include the right to:

• Copy, modify, or create derivative works of the Services
• Distribute, sell, rent, lease, or sublicense the Services
• Remove or alter any copyright, trademark, or other proprietary notices

7.2 User Data and Feedback

You retain all rights to your patient data and content. By using our Services, you grant us a limited license to use, process, and store your data solely to provide and improve our Services as described in our Privacy Policy.

If you provide feedback, suggestions, or ideas about our Services, we may use them without any obligation to compensate you.

8. Payment and Billing

If you subscribe to paid features of our Services:

• You agree to pay all fees according to the pricing and payment terms presented to you
• Fees are non-refundable except as required by law or as expressly stated in your agreement
• We may change our fees with 30 days' prior notice
• You are responsible for all taxes associated with your use of the Services
• Failure to pay fees may result in suspension or termination of your account

9. Term and Termination

9.1 Term

These Terms commence when you first access or use the Services and continue until terminated by either party.

9.2 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, you will lose access to the Services, and your data will be handled according to our Privacy Policy and data retention obligations.

9.3 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if you:

• Violate these Terms or our policies
• Fail to pay applicable fees
• Engage in fraudulent, abusive, or illegal activities
• Pose a security risk to our Services or other users

9.4 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We will retain your data according to our Privacy Policy and legal obligations
• You may request export of your patient data within 30 days of termination
• Sections of these Terms that by their nature should survive termination will survive

10. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, Better Balance disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, reliability, or completeness of data or content
• Warranties that defects will be corrected

We do not warrant that our Services will meet your specific requirements or that any clinical outcomes will be achieved.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BETTER BALANCE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Medical malpractice or patient care decisions
• Unauthorized access to or alteration of your data
• Statements or conduct of third parties using the Services

Our total liability for any claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) $100 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Better Balance, Inc., its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Medical malpractice or patient care decisions you make
• Any content or data you submit to the Services

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a claim, you agree to contact us at contact@betterbalance.co to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 60 days.

13.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, USA, and shall be conducted in English.

13.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Better Balance individually. To the fullest extent permitted by law, you waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification to registered users
• Displaying a prominent notice within our Services

Your continued use of the Services after such notification constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Better Balance regarding the Services.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, internet failures, or government actions.

17. Contact Information

If you have questions about these Terms, please contact us: