Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Do Good Data LLC, a Delaware limited liability company doing business as Hoam ("Hoam," "we," "us," or "our"). They govern your use of the Hoam mobile application, including Hoamie, our AI health coach, our website at hoamhealth.com, and our related services (together, the "Services").

By creating an account, accessing, or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. Section 27 contains a binding arbitration agreement and class action waiver that affect your legal rights. Please read it carefully.

1. The Services

The Services let you connect Apple Health, wearables, laboratory results, and other third-party sources ("Connected Sources") and log your own information, so that Hoam can generate health scores, insights, and suggestions and help you track which changes work for you. The Services are for general wellness and informational purposes only.

We may add, change, or remove features at any time. Some features require a paid subscription.

2. Hoamie and Artificial Intelligence Features

Hoamie is an optional feature, available only to Members 18 and older, that uses artificial intelligence, including large language models provided by third parties, to generate responses, insights, and suggestions ("AI Output"). Hoamie's AI features are off until you turn them on in the app. When you turn them on, you agree that your messages, images you choose to share, and the minimum health context needed for a reply will be sent to our AI providers, Anthropic and OpenAI, to generate AI Output. We do not attach your name, email address, or account identifiers to what we send. You can turn Hoamie's AI features off at any time in the app's settings.

You understand and agree that:

• AI Output is generated automatically and may be inaccurate, incomplete, outdated, or inconsistent;

• AI Output is not medical advice, diagnosis, or treatment, and is not a substitute for a qualified healthcare provider;

• you are responsible for evaluating AI Output before relying on it, and you use it at your own risk; and

• we do not guarantee any particular result from using Hoamie or following AI Output.

3. Health Disclaimers

THE SERVICES ARE NOT MEDICAL CARE. By using the Services, you acknowledge and agree that:

• Hoam is not a healthcare provider, and the Services are not a medical device. They are not intended to diagnose, treat, cure, monitor, mitigate, or prevent any disease or condition.

• Hoam is not a "covered entity" or "business associate" under HIPAA. Information you provide to Hoam, including laboratory results, is not protected by HIPAA. It is protected as described in our Privacy Policy.

• Hoam scores are estimates calculated from your Connected Sources and the information you provide, using the methodology described in the app. They are not clinically validated measurements, and they, along with insights and AI Output, may be inaccurate.

• You should consult a qualified healthcare provider before starting, stopping, or changing any medication, supplement, diet, exercise, or treatment, and before making any medical decision.

• You should never disregard professional medical advice or delay seeking it because of something you read or received through the Services.

• If you think you may have a medical emergency, call 911 or your local emergency number immediately. The Services are not monitored for emergencies.

4. General

You are responsible for your use of the Services and for any information you submit. You agree to use the Services only as permitted by these Terms and applicable law.

5. Privacy

Our Privacy Policy explains how we collect, use, and share your information, and is incorporated into these Terms. By using the Services, you agree to the Privacy Policy. Privacy questions and requests can be sent to [email protected].

6. Cookies and Tracking Technologies

Our website uses cookies and similar technologies that are necessary for it to function, and, with your consent where required, to understand how the website is used. You can change your preferences through your browser settings or any cookie controls on our website. The Hoam app does not track you across apps and websites owned by other companies.

7. Accounts

To use most features, you must create an account. You agree to provide accurate, current, and complete information, to keep it up to date, and to keep your login credentials confidential. You are responsible for all activity under your account. Notify us immediately at [email protected] if you believe your account has been compromised.

8. Eligibility

By creating an account, you represent and warrant that:

• you are at least 13 years old;

• if you are between 13 and 17 years old, your parent or legal guardian has reviewed and agreed to these Terms on your behalf;

• you have not previously been suspended or removed from the Services; and

• your use of the Services complies with all applicable laws.

Members between 13 and 17 years old may use only free features that are not Age-Restricted Features (Section 9). We may use age information provided by Apple to apply these rules. If we learn that you do not meet these requirements, or that you misrepresented your age, we may suspend or terminate your account immediately.

9. Age-Restricted Features

The following features ("Age-Restricted Features") are available only to Members who are 18 years of age or older:

• laboratory results and lab biomarkers;

• reproductive health data;

• Hoamie's AI features;

• subscriptions, in-app purchases, and other financial transactions; and

• any other feature we designate as age-restricted by notice in the app.

The Services are not directed to children under 13. We do not knowingly collect Personal Information from children under 13 and will promptly delete any such information we learn we have collected, consistent with the Children's Online Privacy Protection Act.

10. Your Content

"Your Content" means the information, logs, messages, photos, and other material you submit through the Services. You keep ownership of Your Content. You are responsible for Your Content and represent that you have the right to submit it. You may not submit content that is unlawful, infringing, harassing, or harmful, or that contains malicious code.

11. Compliance with Laws

You agree not to use the Services for any fraudulent, unlawful, or harmful purpose, and to comply with all laws that apply to your use of the Services.

12. Fees

Some features require payment. Prices are shown in the app before you buy and may vary by region. We may change prices for future billing periods with advance notice as described in Section 13. We may set reasonable usage limits on certain features, including Hoamie, and will describe them in the app.

13. Subscriptions

13.1 Automatic Renewal

Subscriptions renew automatically at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the end of the current period. By starting a subscription, you authorize recurring charges until you cancel. If a free trial is offered, you will be charged when the trial ends unless you cancel at least 24 hours before it ends.

13.2 App Store Purchases

Subscriptions purchased through the Apple App Store are billed by Apple to your Apple Account and are governed by Apple's terms. Apple, not Hoam, processes those payments and refunds.

13.3 How to Cancel

To cancel a subscription purchased through the App Store, open iPhone Settings, tap your name, then Subscriptions, select Hoam, and tap Cancel Subscription. Deleting the app or your Hoam account does not cancel your subscription. When you cancel, you keep access until the end of the current billing period. Except where required by law or Apple's refund policies, payments are non-refundable.

13.4 Renewal and Price Change Notices

Where required by law, including the automatic renewal laws of California, New York, Illinois, Delaware, Oregon, Texas, Utah, and other states, we or Apple will give you the required notices before a renewal, before a free trial converts to a paid subscription, and before any material change to the terms of your subscription, including a price increase.

13.5 Billing Disputes

If you believe you were charged in error, contact Apple for App Store purchases, or contact us at [email protected] within 30 days of the charge. A chargeback or payment reversal may result in suspension of paid features while the dispute is resolved.

14. Your License to the Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the Services on Apple-branded products you own or control, for your personal, non-commercial use, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with the purchaser through Family Sharing. All rights not expressly granted are reserved by Hoam. The Services, including all software, designs, scores, content, and trademarks, are owned by Hoam or its licensors.

15. Restrictions on Use

You agree not to:

• copy, modify, distribute, sell, or lease any part of the Services;

• reverse engineer, decompile, or attempt to extract the source code of the Services, except as permitted by law;

• access the Services through automated means, or scrape, harvest, or mine data from the Services;

• probe, scan, or test the vulnerability of the Services, or bypass any security or usage limits;

• use the Services to build a competing product, or use AI Output to train or improve another AI model;

• use the Services for anyone else, or share your account;

• interfere with or disrupt the Services or their infrastructure;

• impersonate any person or misrepresent your identity or age; or

• use the Services in violation of any law or these Terms.

16. License Grant to Your Content

You grant Hoam a worldwide, non-exclusive, royalty-free license to host, store, process, and use Your Content only to operate, provide, and improve the Services for you, and as described in our Privacy Policy. This license ends when you delete Your Content or your account, except for copies kept in backups for the periods described in the Privacy Policy or as required by law. We do not sell Your Content.

17. Suspension of Services

We may suspend or limit access to the Services, or cancel a transaction, if we reasonably believe it is necessary to prevent fraud, protect the security of the Services or other Members, or comply with law.

18. Third-Party Services and Connected Sources

The Services connect to third-party products and services, including Apple Health, wearables, laboratory partners, and AI providers. Your use of a Connected Source is governed by that third party's own terms and privacy policy. We are not responsible for third-party products, services, or content, or for the accuracy of data they provide.

19. Feedback

If you send us suggestions or feedback, you agree that we may use it for any purpose without obligation or compensation to you.

20. Beta Features

We may offer features labeled as beta, preview, or experimental. Beta features are provided "as is," may change or be discontinued at any time, and may not work as expected.

21. Assumption of Risk and Release

You understand that changing your sleep, diet, exercise, supplements, or other habits involves risk, and you voluntarily assume all risks of your use of the Services and of any action you take based on the Services. To the fullest extent permitted by law, you release Hoam and its members, managers, officers, employees, and agents from claims arising from your use of the Services, except for claims arising from our gross negligence or willful misconduct.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

22. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Hoam and its members, managers, officers, employees, and agents from any claims, losses, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your misuse of the Services, or Your Content.

23. Disclaimers and Limitation of Liability

23.1 No Warranties

THE SERVICES, AI OUTPUT, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or secure.

23.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOAM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

HOAM'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID HOAM IN THE SIX MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100). Any claim must be brought within one year after it arises.

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

24. Term and Termination

These Terms apply while you use the Services. You may stop using the Services and delete your account at any time in the app (Settings > Account > Delete Account). We may suspend or terminate your account if you violate these Terms, if required by law, or if we discontinue the Services, with notice where reasonably possible.

When your account ends, your right to use the Services ends, and we will delete your information as described in our Privacy Policy. Sections that by their nature should survive termination, including Sections 2, 3, 10, 13.5, 15, and 19 through 37, will survive.

25. Separate Agreements

If you and Hoam sign a separate written agreement covering the Services, that agreement controls to the extent it conflicts with these Terms.

26. Notices

We may send you notices in the app, by email, or by posting them on our website. Notices are effective when sent or posted. You may send notices to us at [email protected] or by mail to Do Good Data LLC (d/b/a Hoam), 281 NW 52nd Street, Miami, FL 33127.

27. Binding Arbitration and Class Action Waiver

27.1 Informal Resolution

Before starting arbitration, you and Hoam agree to try to resolve any dispute informally for at least 30 days. To begin, send a written notice describing the dispute, the relief sought, and your contact information to [email protected].

27.2 Arbitration

Except as provided below, any dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Arbitration will take place in Miami-Dade County, Florida, or by video conference, and the arbitrator may award the same individual relief a court could.

27.3 Class Action and Jury Trial Waiver

YOU AND HOAM AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND HOAM WAIVE THE RIGHT TO A JURY TRIAL.

27.4 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek relief in court for infringement or misuse of intellectual property.

27.5 Opt Out

You may opt out of this arbitration agreement by emailing [email protected] within 30 days after you first accept these Terms, with your name, account email, and a clear statement that you opt out of arbitration.

27.6 Changes

If we make a material change to this Section 27, you may reject the change by notifying us within 30 days, and the prior version will continue to apply to you.

28. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act. For any matter not subject to arbitration, you and Hoam agree to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

29. Interpretation

Headings are for convenience only. "Including" means "including without limitation."

30. Entire Agreement

These Terms, together with our Privacy Policy and any terms presented to you in the app for specific features, are the entire agreement between you and Hoam regarding the Services.

31. Amendments and Waiver

We may update these Terms from time to time. We will post the updated Terms and change the "Last Updated" date above, and we will notify you in the app or by email before material changes take effect. Your continued use of the Services after changes take effect means you accept them. Our failure to enforce any provision is not a waiver.

32. Severability

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

33. Successors

These Terms bind and benefit you, Hoam, and our respective successors and permitted assigns.

34. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate, with notice to you.

35. Apple App Store Terms

If you downloaded the Hoam app from the Apple App Store, the following terms also apply:

• These Terms are between you and Hoam only, not Apple. Hoam, not Apple, is solely responsible for the app and its content.

• Your license to use the app is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing.

• Apple has no obligation to provide any maintenance or support for the app.

• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.

• Hoam, not Apple, is responsible for addressing any claims by you or any third party relating to the app, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws, including in connection with the app's use of the HealthKit framework.

• If a third party claims that the app or your use of it infringes that third party's intellectual property rights, Hoam, not Apple, is solely responsible for investigating, defending, settling, and discharging that claim.

• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

• You must comply with applicable third-party terms of agreement when using the app.

• Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Questions, complaints, or claims about the app should be directed to Hoam using the contact information in Section 37.

36. Jurisdictional Limitations

The Services are operated from the United States and are intended for use in the United States. If you use the Services from another location, you are responsible for complying with local laws.

37. Contact and Support

Questions about these Terms or the Services can be sent to:

• Email: [email protected]

• Phone: +1 (415) 715-7945

• Mail: Do Good Data LLC (d/b/a Hoam), 281 NW 52nd Street, Miami, FL 33127