MyWayv Global Terms of Service
End User License Agreement (for individuals)
Initial Effective Date: August June 1, 2026 (ET)
Latest Revised Date: August 21, 2026 (ET)
Version: 1.0.1
What these terms do
This End User License Agreement (“EULA” or “Terms”) is between you and MyWayv Holding, Inc., a Delaware corporation (“MyWayv”). The MyWayv group is made up of different legal entities, details of which can be found mywayv.com/legal-entities. This EULA is issued on behalf of the MyWayv group, so when we mention “MyWayv”, “we”, “us” or “our” in these Terms, we are referring to the relevant MyWayv company in the country where you are accessing the Software (being the United States).
The EULA applies to your use of our website and software (including, but not limited to, software as a service via a website, mobile applications, or linked to any hardware) that has been developed and/or provided by us or on our behalf (such as via the relevant app store) (the “Software”).
This EULA creates binding legal obligations on you as an individual, so it must be read carefully prior to your use of the Software. You agree to be bound by the terms of these Terms by clicking “accept” on any Software or by continuing to use any such Software.
Where provided by your Organization, your use of the Software is also subject to the overarching supply agreement (“Main Agreement”) between us and the employer, agency, institution or other organization that is permitted to grant you access to the Software (together and each, “Organization”). If there is any conflict between any of the provisions in the Main Agreement and these Terms, the provisions in the Main Agreement will prevail, except that no Main Agreement may override the commitments in these Terms and our Privacy Policy that your Organization does not receive your individual conversations, the content of your individual conversations, your individual questionnaire responses, or the specific experiences delivered to you. Those commitments prevail over any inconsistent term in any Main Agreement.
In consideration of you agreeing to abide by the terms of these Terms, we hereby grant you a non-exclusive, non-transferable, revocable license to use the Software on the terms of these Terms during the term of the Main Agreement (where applicable), until terminated in accordance with the Main Agreement and/or these Terms. We do not sell the Software to you, and we (or our third-party partners and suppliers) remain the owners of the Software (and any copy of it), any intellectual property within it and any intellectual property arising under or in relation to these Terms, at all times. Any attempt by you to transfer any of the rights, duties or obligations under these Terms, except as expressly provided for in these Terms, is void. MyWayv reserves all rights not expressly granted under these Terms.
We provide multiple services through our Software. Accordingly, you may not have access to certain services in your region and/or as permitted by the Main Agreement.
Intended use of and disclaimers in relation to the Software
MyWayv is not a medical or mental health service. MyWayv is a wellness platform designed to support relaxation, reflection, perspective, everyday resilience and overall wellbeing. It does not diagnose, treat, cure or prevent any medical or psychological condition, does not provide medical, psychological, clinical or therapeutic advice, and is not a substitute for care from a qualified health professional. MyWayv is not intended for use in crisis situations and is not suitable for use as a response to acute distress, self-harm risk or emergency. MyWayv is not a trauma treatment, PTSD therapy, or crisis intervention service. It is not a substitute for evidence-based trauma treatment, clinical mental health care, or Veterans Affairs or military health services. If you are experiencing trauma-related symptoms or mental health distress, please seek support from a qualified mental health professional.
If you are experiencing a medical or mental health emergency, contact your local emergency services immediately. In the United States, you can call or text 988 to reach the Suicide and Crisis Lifeline, or dial 911.
The MyWayv Software covered under these Terms consists of the following:
MyWayv App and Platform (“MyWayv App”)
The MyWayv App is a personalized wellness experience delivered through conversation. Rather than asking you to choose from predefined wellness categories, MyWayv begins with a short conversation, understands the emotional direction you are moving toward, and assembles an experience for you. The experience is built around four connected stages:
Connect. A brief guided conversation with our conversational AI to understand where you are and where you would like to go.
Immerse. A personalized selection of music and sound matched to the direction of that conversation.
Perspective. A personalized narrative, story or reflection offered to support a shift in perspective.
Integrate. A closing reflection intended to help you carry the experience back into your day.
The MyWayv App is intended for use as an everyday wellbeing and relaxation tool by individuals aged 18 and over. You may not use the MyWayv App if you are under 18. MyWayv is not responsible if someone misrepresents their age in order to access the Software.
Conversational AI and LLM-enabled features
Our conversational experience is powered by proprietary logic together with a carefully curated and constrained use of third-party large language model (“LLM”) inferences. It is not intended to operate as a general-purpose generative AI assistant, and it is not designed to answer general questions, provide factual research, give advice or perform tasks outside of the MyWayv wellness experience. Prompts, guardrails and content libraries are designed, reviewed and maintained by MyWayv, and all experience content is drawn from our own curated library.
You understand and agree to the following:
You must be aged 18 or over in order to use the LLM-enabled features. MyWayv is not responsible if someone misrepresents their age.
LLM-enabled features will not be available when:
a. your messages do not pass our safety guardrails;
b. the model output does not pass our safety checks; or
c. the underlying service is unavailable or not working.
LLM-enabled features may not always work perfectly because of limitations inherent in AI technology. In particular, please note the following:
a. do not share your own or other people’s personal data, unless you are expressly asked to submit it;
b. the AI might misunderstand what you say and draw incorrect inferences; and
c. you might receive an experience, sound selection or narrative that does not suit you if the AI does not understand your message.
You can take the following safeguards:
a. do not share sensitive information about yourself or others;
b. do not input meaningless text; and
c. do not type anything that could be harmful or unsafe.
MyWayv’s governance and responsible AI practices guide our use of AI while protecting your rights.
Where you access the Software through an Organization, your access to the service will end if our Main Agreement with your Organization ends.
Sound, music and narrative content
The MyWayv experience includes music, soundscapes, spoken narrative and other audio and written content (together, “Experience Content”). Experience Content is provided for relaxation, reflection and general wellbeing purposes only. It is not therapeutic, clinical or medical content, and it is not a form of music therapy, sound therapy or any other regulated treatment.
You understand and agree to the following when using Experience Content:
Do not listen to Experience Content while driving, operating machinery, or performing any other activity that requires your full attention. Doing so may be dangerous.
Listen at a safe and comfortable volume. Prolonged exposure to loud audio may damage your hearing.
If you have epilepsy, a seizure disorder, a vestibular condition, tinnitus, hyperacusis, a heart condition, or any other condition that may be affected by audio, rhythmic sound or immersive media, consult a qualified health professional before using the Software.
Some Experience Content invites reflection on personal or emotionally meaningful themes. If at any point content feels uncomfortable or distressing, stop the experience. You may exit any experience at any time.
Experience Content is licensed to you for personal, non-commercial listening within the Software only. You may not download, record, capture, redistribute, publicly perform, synchronize or otherwise exploit Experience Content outside of the Software.
Experience Content and the way it is assembled may change over time. We do not guarantee that any particular piece of content, sound, or narrative will remain available.
Voice input (where available)
Where a voice input feature is made available, you may choose to speak rather than type during the Connect conversation. If you enable it, you understand and agree to the following:
You must grant microphone permission on your device before any audio is captured. You can withdraw that permission at any time in your device settings, and the Software will continue to work using text input.
Audio you speak is processed in order to convert it to text so that the conversational experience can respond. Audio is not retained after transcription is complete, except where retention is necessary to investigate a technical fault or safety issue.
We do not use your voice to identify you, and we do not create voiceprints or other biometric identifiers.
Speech recognition is imperfect. The Software may mis-transcribe what you say, particularly in noisy environments or where you use unusual terms, and this may affect the experience you receive.
You are responsible for your surroundings when using voice input. Do not use voice input where you would not want your words to be overheard, and do not use it in a way that captures the speech of other people without their knowledge.
Organizational deployments and pilot programs
Where MyWayv is made available to you by your Organization, whether as part of a structured pilot program or an ongoing deployment, you understand and agree to the following:
Your Organization determines who is eligible to access the Software, for how long, and under what conditions.
Your Organization receives aggregated, program-level information only. Your Organization does not receive access to your individual conversations, the content of your conversations, or the specific experiences delivered to you.
Aggregated program-level information may include participation rates, engagement patterns, and summarized feedback across the participant population. Where a participant group is small enough that aggregated reporting could reasonably identify an individual, we apply minimum reporting thresholds as described in our Privacy Policy mywayv.com/privacy.
Participation in any voluntary questionnaire, survey or feedback request is your choice, and declining does not affect your access to the Software.
Your access to the Software will end if our Main Agreement with your Organization ends or if your Organization removes your access.
Voluntary questionnaires and evaluation
The Software may invite you to complete brief voluntary questionnaires about your experience, your engagement, your self-reported sense of relaxation, rest, perspective, focus, energy and overall wellbeing, and your satisfaction with the program. These questionnaires are for program evaluation purposes only. They are not clinical assessments, they are not diagnostic instruments, and they are not used to screen, triage, or evaluate you individually. Participation is voluntary.
General acknowledgements about the Software
When you use any of our Software, you understand and agree to the following:
you are interacting with AI software when using our AI-enabled services, and not a person. The Software cannot replace care from a qualified health professional. AI does not replace human judgment and is intended solely as a supportive wellness tool;
the Software does not provide therapy, counseling, coaching or any face-to-face service, and does not diagnose or offer medical advice;
the Software is not for emergencies. For any emergency, contact local emergency services immediately;
our system may detect indications of safety risk in your messages and, where it does, may respond with pre-defined safe content and contact details for urgent care support. This is an automated safety feature and not a monitoring, escalation or intervention service. You should never rely on the Software to detect or respond to a crisis; and
you are responsible for what you submit when you use the Software.
Please always consult a professional if you require medical assistance, especially, but not limited to, if you are thinking about hurting yourself or others, or have a serious physical or mental health emergency.
About Mobile Software
Some of the Software is made available via a mobile application (“Mobile Software”). To use such Mobile Software, you must have a mobile device that is compatible with the Mobile Software. MyWayv does not warrant that the Mobile Software will be compatible with your mobile device. MyWayv hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one MyWayv account owned or leased solely by you, for your personal use. You acknowledge that MyWayv may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.
Your use of the Software
You can use our Software for your personal purposes only, or where your Organization has a valid Main Agreement in place, and in the case of the MyWayv App, via the Google Play Store or the Apple App Store.
You must keep the Software up to date so that you receive the latest features and safety improvements. Always exit the Software properly before updating.
You cannot use the Software for research or studies unless MyWayv gives written permission.
We do not handle any information about crimes or offenses. Please do not share any such information when using our Software.
MyWayv can refuse your access to the Software at its discretion and without giving a reason. The Software is not available to those who have previously been removed by MyWayv, without MyWayv’s prior written permission.
Our Software might contain links to other websites or services. MyWayv does not control these links and is not responsible for their content, products or services. We are not liable for any damages or losses arising from your use of those third-party sites. We recommend that you review their terms of service and privacy practices before use.
While MyWayv has put in place reasonable safety and data protection controls, you understand and acknowledge that AI, including LLM technology, is a developing technology. The potential risks inherent to this technology may not be fully understood and safeguards may not be fully developed. Due to the nature of the technology, you may sometimes receive incorrect or inappropriate responses that do not accurately reflect the action required.
While MyWayv has put in place reasonable safety and data protection controls, you understand that using technology carries risks, and you accept these risks. Protect your device and your sessions with good security practices. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. If you fail to comply with such security measures, MyWayv will not be responsible if someone else accesses your sessions or data.
You agree not to knowingly or recklessly engage in any of the following prohibited activities, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under these Terms:
do not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any portion of the Software in any form or media or by any means, including using any computer programs or methods such as “scraping”;
do not use any automated tools such as “robots,” “spiders” or “offline readers” to access the Software in a way that sends more requests to our servers than a person could reasonably send using a normal web browser;
do not send spam, chain letters or other junk messages;
do not attempt to tamper with or break the Software’s security;
do not collect or harvest any information or data from the Software or our systems, or attempt to decipher any transmissions to or from the servers running the Software;
do not do anything that places a heavy load on our systems, beyond what is fair or manageable as determined by us;
do not introduce or permit the introduction of corrupt data, viruses, worms or other harmful software through your use of the Software;
do not collect or share any personal information, such as account names, from the Software;
do not use the Software to solicit people for money or business;
do not impersonate any person, misrepresent who you are, or conceal your identity;
do not interfere with the proper working of the Software, nor use it in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users;
do not access any content on the Software using methods or technology that we have not approved;
do not attempt to remove, circumvent, disable, damage or otherwise interfere with the measures or security-related features we use to prevent or limit access to the Software, including measures that prevent copying of content or enforce rules on how the Software is used;
do not delete the copyright and other proprietary rights notices in the Software;
do not attempt to decompile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software;
do not access all or any part of the Software in order to build a product or service that competes with the Software;
do not use the Software to provide services to third parties;
do not license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the Software available to any third party;
do not use the Software to provide time sharing, to conduct independent research studies without our explicit written permission, or to provide similar services to any third party;
do not record, screen-capture, re-transmit, sample or otherwise reproduce any Experience Content outside of the Software;
do not use the Software, or any output of the Software, to train, fine-tune or develop any machine learning or artificial intelligence model;
do not attempt to obtain, or assist third parties in obtaining, unauthorized access to the Software; and
do not breach any applicable technology control or export laws and regulations that apply to the technology used or supported by the Software.
Fees, subscriptions and cancellation
Where MyWayv is provided to you by your Organization, you do not pay MyWayv any fee, and this section does not apply to you.
Where you obtain access to the Software directly rather than through an Organization, the following applies:
Some features of the Software may be offered free of charge and others on a paid basis. The price, billing frequency and included features of any paid plan will be presented to you before you purchase.
Where you purchase through the Apple App Store or the Google Play Store, the purchase, billing, renewal and refund of your subscription are handled by that app store under its own terms, and you must manage or cancel your subscription through your app store account. MyWayv does not process or store your payment card details.
Unless you cancel before the end of the then-current billing period, paid subscriptions renew automatically at the price and interval disclosed at the time of purchase. Cancellation takes effect at the end of the current billing period, and you retain access to paid features until that point.
We may change our prices or the composition of our plans. We will give you reasonable advance notice of any price increase that would apply to your subscription, and you may cancel before it takes effect.
Except where required by applicable law or by the terms of the app store through which you purchased, fees already paid are non-refundable, and we do not provide partial refunds for unused portions of a billing period.
If a payment fails or a subscription lapses, we may suspend or downgrade your access to paid features. This does not by itself delete your data.
User Content
Some areas of the Software may, either now or later, allow you to submit content such as conversation content, profile information, reflections, comments, questions, questionnaire responses and any other materials a user submits, posts, displays or otherwise makes available on the Software (“User Content”). We claim no ownership rights over User Content created by you; the User Content you create remains yours. However, by sharing User Content through the Software, you agree to allow us, and the service providers we engage to operate the Software, to process your User Content for the purposes described in these Terms and our Privacy Policy mywayv.com/privacy. This does not permit disclosure of your individual User Content to your Organization. MyWayv has the right, but not the obligation, in its sole discretion, to remove any User Content that is shared via the Software.
For clarity, and consistent with the section on organizational deployments above, MyWayv does not provide your Organization with access to the content of your individual conversations.
You agree not to submit or transmit User Content that:
may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
may create a risk of any other loss or damage to any person or property;
seeks to harm or exploit children by exposing them to inappropriate content, requesting personally identifiable details, or otherwise;
may constitute or contribute to a crime or tort;
contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people whether publicly or otherwise, libelous, threatening, profane, or otherwise objectionable;
contains any information or content that is illegal, including without limitation the disclosure of insider information under securities law or of another party’s trade secrets;
copies, shares or uses personal identifying or business contact information about other users or people without their express permission;
contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
contains any information or content that you know is not correct and current;
violates any employer, Organization or other applicable policy;
interferes with other users of the Software; or
except where expressly permitted, posts or transmits charity requests, petitions for signatures, franchise arrangements, distributorship arrangements, sales representative agency arrangements or other business opportunities including offers of employment or contracting arrangements, club memberships, chain letters or letters relating to pyramid schemes, any advertising or promotional materials, solicitations, or any other solicitation of other users to use goods or services.
You may choose to, or we may invite you to, submit comments, feedback or ideas about the Software, including without limitation about how to improve the Software or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place MyWayv under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting your submission, MyWayv does not waive any rights to use similar or related ideas previously known to MyWayv, or developed by its employees, or obtained from sources other than you.
User Content License Grant
By submitting any User Content on the Software, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to MyWayv a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive and worldwide license to use, reproduce, copy and modify such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purpose of providing you the Software and as further set out in our Privacy Policy mywayv.com/privacy.
Intellectual Property
The Software, the MyWayv experience framework, the Experience Content, and all associated names, logos, product and service names, designs, sound recordings, compositions, narratives, text, graphics, interfaces and slogans are owned by MyWayv or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms transfers any ownership interest to you. Where Experience Content is licensed to MyWayv by third parties, your use of that content is additionally subject to the terms of the applicable third-party license, and those third-party licensors are intended third-party beneficiaries of the relevant restrictions in these Terms.
Data Protection
We collect minimal personal data in order to provide you with our services. We do not ask for personal identifiers unless we are asked to collect them by your Organization or they are necessary to provide the service. We care deeply about the integrity and security of your personal data and maintain security measures as required under applicable data protection laws to ensure its authorized use.
Please read our Privacy Policy mywayv.com/privacy to see how we protect and handle your data.
If you have any questions or complaints, email us at info@mywayv.com. MyWayv may ask for more information in order to handle your request properly. We may also need to verify your identity before responding to your request.
MyWayv conducts evaluation and research. Where we use data, including User Content, for internal evaluation and research directed at improving our Software and services, that data is anonymized or aggregated before use, except where you have expressly consented to participate in a study on an identifiable basis, in which case we process your data as described in our Privacy Policy mywayv.com/privacy. This work examines how different aspects of the experience relate to self-reported wellbeing measures at a population level. MyWayv may use User Content and other data collected from you in accordance with these Terms for these purposes.
We may collaborate with your Organization or may conduct evaluation studies of our own. Joining any such study is your choice. Details about the study will be shared with you, and you will be asked for your consent at the start. Agreeing to join does not guarantee that you will be included in the study; you must meet the applicable criteria to be selected as a participant. Your data will be used in accordance with our Privacy Policy mywayv.com/privacy. Generally, you will not receive any payment or benefit for participating in these studies.
Term and Termination
This EULA takes effect when you first accept it or first use the Software, and continues until terminated.
You may terminate these Terms at any time by ceasing all use of the Software and deleting the Mobile Software from your devices. You may delete your data at any time using the data reset option in the app settings, or by contacting us at info@mywayv.com.
We may terminate these Terms immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy, if remediable, within 14 days after service of a written notice requiring you to do so.
Upon termination for any reason, including in the case of expiry or termination of the Main Agreement:
all rights granted to you under these Terms shall cease;
you must cease all activities authorized by these Terms; and
you must immediately delete or remove the Software from all computer equipment and/or devices in your possession, and immediately destroy or return to us, at our option, all copies of the Software then in your possession, custody or control.
The following sections survive termination: User Content License Grant, Intellectual Property, Indemnity, Warranty and Liability, Governing Law and Dispute Resolution, and Other important terms.
Changes to these Terms and updates to the Software
We may need to change these Terms to reflect changes in law or best practice, or to address additional features that we introduce.
We will give you at least 30 days’ notice of any material change by sending you an email with details of the change, or by notifying you of the change when you next use the relevant Software. If you do not accept the notified changes, we will let you know whether you may continue to use the relevant Software in accordance with the existing terms, in which case certain new features may not be available to you, or whether you will not be permitted to continue to use the Software.
From time to time, we may also automatically update the Software and change the underlying service to improve performance, enhance functionality, reflect changes to the operating system, or address security issues. Alternatively, we may ask you to update the Software for these reasons.
If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the Software and the underlying services.
A record of past versions of these Terms is available mywayv.com/changelog.
Indemnity, Warranty and Liability
Indemnity
You agree to defend, indemnify and hold harmless MyWayv and its subsidiaries, employees, officers and directors, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, injury, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorneys’ fees, arising from: (i) your use of and access to the Software, including any data or content transmitted or received by you, and any claims or damages arising as a result of it; (ii) your violation of any term of these Terms, including without limitation breach of any representations or warranties; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access to and use of the Software with your unique username, PIN, password or other appropriate security code.
You are solely responsible for your interactions with other Software users. MyWayv shall have no liability for your interactions with other users, or for any user’s action or inaction.
Warranty
The service is provided on an “as is” and “as available” basis. Use of the Software is at your own risk. To the maximum extent permitted by applicable law, the Software is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from MyWayv or through the Software will create any warranty not expressly stated in these Terms. Without limiting the foregoing, MyWayv, its subsidiaries, its affiliates, and its third-party partners or suppliers do not warrant that: (i) the information provided by the Software is accurate, reliable or correct; (ii) the Software will meet your requirements; (iii) the Software will be available at any particular time or location, uninterrupted or error-free; (iv) any defects or errors will be corrected; (v) the Software is free of viruses or other harmful components; or (vi) any particular outcome, result, improvement in wellbeing, or state of relaxation will be achieved through use of the Software.
MyWayv is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Software may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
MyWayv does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Software or any hyperlinked website or service, and MyWayv will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.
Limitation of Liability
As an individual end user, please note the following:
to the maximum extent permitted by applicable law, neither MyWayv nor its affiliates, licensors, suppliers or service providers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or relating to these Terms or your use of the Software, whether based in contract, tort including negligence, strict liability or any other theory, and whether or not we were advised of the possibility of such damages;
we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation;
we are not responsible for damage to your device or to your data that you could have avoided by applying an update we offered you free of charge, or that was caused by your failure to follow installation instructions or to meet the minimum system requirements we advised;
the Software is intended for personal use. If you use the Software for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
we recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software;
you acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the relevant documentation meet your requirements;
if the Software provides any information, including MyWayv content, narratives, reflections or suggested practices such as breathing, movement or relaxation exercises, such information is for informational or educational purposes only and should not be construed as professional advice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software. Although we make reasonable efforts to update the information provided by the Software, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date;
other than the losses set out above, for which we are not liable, our maximum aggregate liability under or in connection with these Terms, whether in contract, tort including negligence, or otherwise, shall in all circumstances be limited to the greater of (a) a sum equal to 100% of the fees paid to MyWayv in respect of the Software you are using on the terms of these Terms during the 12 months immediately preceding the date on which the claim arose, and (b) $1000; and
these Terms sets out the full extent of our obligations and liabilities in respect of the supply of the Software. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you, and you may have additional rights.
You are responsible for compliance with all applicable laws and regulations of the jurisdiction from which you are accessing the Software, including but not limited to export and import regulations. The Software is controlled and operated from facilities in the United States. We make no representation that the information contained in the Software is appropriate or available for use in other locations. You understand and agree that the Software may not meet licensing or other regulatory requirements in other locations. You agree that those who access or use the Software from other jurisdictions do so at their own risk. You may not use the Software if you are a resident of an embargoed country, or are a foreign person or entity blocked or denied, as identified by embargo and sanctions lists maintained by the U.S. Office of Foreign Assets Control (OFAC) and the U.S. Bureau of Industry and Security (BIS).
Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES BETWEEN YOU AND MYWAYV TO BE RESOLVED BY INDIVIDUAL, BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW WITHOUT AFFECTING YOUR USE OF THE SOFTWARE.
Governing law
This EULA, its subject matter and its formation, including any non-contractual disputes or claims, shall be governed by and construed in accordance with the governing law set out in the Main Agreement or, where no Main Agreement applies, in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Nothing in this section deprives you of the protection of any mandatory consumer protection law of the country or state in which you reside.
This “Governing Law and Dispute Resolution” section evidences a transaction involving interstate commerce, and the agreement to arbitrate set out below is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., including its provisions concerning the enforcement, interpretation and limited judicial review of arbitration agreements and awards.
Precedence of the Main Agreement
Where you access the Software through an Organization and the Main Agreement between us and your Organization contains its own governing law, dispute resolution or arbitration provisions, those provisions control disputes falling within their scope, and the arbitration provisions below do not apply to the extent of any conflict. The remainder of this section continues to apply.
Informal resolution first
Before commencing arbitration or filing any claim, the party raising the dispute must give the other party written notice of the dispute (a “Notice of Dispute”). Your Notice of Dispute must be sent to info@mywayv.com or to the postal address in the “Communications between us” section below, and must describe the nature and basis of the claim and the specific relief sought. Our Notice of Dispute will be sent to the email or postal address you have most recently provided to us.
For thirty (30) days after a Notice of Dispute is received, you and MyWayv will attempt in good faith to resolve the dispute through negotiation and discussion. Neither party may commence arbitration until that thirty (30) day period has expired. Any applicable limitation period is tolled while the parties engage in this process. If the dispute is not resolved within that period, either party may proceed as set out below.
Agreement to arbitrate
Except for the claims described under “Claims not subject to arbitration” below, any dispute, claim or controversy arising out of or relating to these Terms, the Software, or your relationship with MyWayv, including questions of its formation, breach, termination, enforceability, scope or validity, and including any additional agreements you enter into with MyWayv in connection with the Software, that is not resolved through the informal resolution process shall be finally settled by binding arbitration administered by JAMS (the “Administrator”), and not in court.
Questions of arbitrability, and the scope and enforceability of this agreement to arbitrate, are for a court of competent jurisdiction to decide, except that the arbitrator shall decide all other threshold questions, including questions of formation, timeliness and waiver.
Claims not subject to arbitration
Notwithstanding the agreement to arbitrate:
either party may bring an individual claim in a small claims court of competent jurisdiction, so long as the claim remains in that court, is brought on an individual basis, and is within that court’s jurisdictional limits;
either party may seek temporary or preliminary injunctive or other equitable relief from any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of that party’s intellectual property rights, confidential information, or security, without first complying with the informal resolution process, and doing so is not a waiver of the right to arbitrate any other claim;
either party may bring an action to compel arbitration, to stay proceedings pending arbitration, or to confirm, correct, vacate or enforce an arbitration award; and
nothing in this section prevents you from bringing an issue to the attention of any federal, state or local governmental agency, or from participating in any proceeding that agency brings on your own behalf or on behalf of the public.
Applicable rules and the arbitrator
Where you are an individual using the Software for personal, family or household purposes, the arbitration shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures then in effect, together with the JAMS Consumer Arbitration Minimum Standards. Where you use the Software other than for personal, family or household purposes, the arbitration shall be conducted under the JAMS Comprehensive Arbitration Rules and Procedures then in effect. In each case, if the Administrator’s rules conflict with this section, the Administrator’s rules govern, and if the Administrator declines to administer the arbitration, the parties will agree on a substitute administrator or, failing agreement within thirty (30) days, either party may petition a court under the “Court proceedings” paragraph below to appoint one.
The arbitration shall be conducted in the English language before a single, neutral arbitrator (the “Arbitrator”) selected in accordance with the Administrator’s rules. The Arbitrator shall apply the governing law identified above and shall honor the limitations of liability and other terms of these Terms to the extent enforceable under applicable law.
Location and format of the arbitration
Arbitration shall be seated in Boca Raton, Florida, provided that your access to arbitration will not be limited by that location. At your election, the arbitration may instead be conducted:
entirely on the basis of documents submitted to the Arbitrator, with no in-person or telephonic hearing;
by telephone or videoconference; or
in person in the county or judicial district of your residence, or at another mutually agreed location.
We will not object to any such election. Any hearing you attend in person may be attended remotely on request.
Fees and costs
Where you are an individual using the Software for personal, family or household purposes, you are required to pay only the initial case management or filing fee specified by the Administrator’s consumer fee schedule, currently $250. MyWayv will pay all remaining fees and costs of the Administrator and the Arbitrator. If the Administrator’s consumer fee schedule would require you to pay more than the equivalent of the filing fee to commence an action in the local court of general jurisdiction, MyWayv will pay the excess on your behalf upon your request.
You will not be required to pay MyWayv’s fees, costs or attorneys’ fees in the event you do not prevail. Each party shall otherwise bear its own attorneys’ fees and costs, except that the Arbitrator may award attorneys’ fees and costs to a party where authorized by an applicable statute or by law, and may allocate fees and costs against a party whose claim or defense the Arbitrator determines was frivolous or brought for an improper purpose under the standard of Federal Rule of Civil Procedure 11(b).
Where you use the Software other than for personal, family or household purposes, the parties shall bear the fees, costs and expenses of the Administrator, the Arbitrator and the arbitration proceedings equally, each party shall bear its own attorneys’ fees, and the Arbitrator may exercise discretion to award costs, including reasonable and necessary attorneys’ fees, to the prevailing party.
The award
The Arbitrator shall, within thirty (30) calendar days after the conclusion of the arbitration hearing or the closing of the record, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The Arbitrator may award any relief, including declaratory, injunctive or monetary relief, that a court could award to that individual party under applicable law and under these Terms, but may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
The award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. Review of the award is limited to the grounds available under the Federal Arbitration Act or other applicable law, and each party waives any right of appeal or review beyond those grounds to the fullest extent permitted by law. Neither party will dispute or question the validity of the award before any regulatory or other authority in any jurisdiction in which the prevailing party takes enforcement action, except on those grounds.
Confidentiality of the proceeding
The arbitration proceeding and all related documents will be kept confidential by the parties, except that a party may disclose them: as required by law, regulation or court order; to that party’s legal counsel, accountants, insurers and other professional advisors under a duty of confidence; to the extent necessary to commence, prosecute, defend or enforce the arbitration or the award; and, in your case, to any governmental agency as described above. Nothing in this paragraph restricts you from discussing your own experience with the Software or the underlying facts of your dispute.
Class action and jury trial waiver
You and MyWayv each agree that any dispute will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, private attorney general or other representative proceeding. The Arbitrator may not consolidate the claims of more than one person, and may not otherwise preside over any form of a representative or class proceeding, unless both you and MyWayv agree in writing.
You and MyWayv each waive any right to a trial by jury for any dispute subject to arbitration under this section.
If a court decides that applicable law precludes enforcement of any part of this “Class action and jury trial waiver” paragraph as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, shall be severed from the arbitration and brought in a court of competent jurisdiction as described below, and all other claims shall proceed in arbitration. If the entire class action waiver is found unenforceable, then this entire agreement to arbitrate shall be null and void as to the affected claims, and those claims shall proceed in court. Nothing in this agreement to arbitrate prevents you from seeking public injunctive relief in a court of competent jurisdiction to the extent you are entitled to do so under applicable law.
Your right to opt out of arbitration
You may opt out of this agreement to arbitrate and the class action waiver. To opt out, send written notice to info@mywayv.com with the subject line “Arbitration Opt-Out”, or by post to the address in the “Communications between us” section below, within thirty (30) days after the date you first accept these Terms. Your notice must include your name, the email address or account identifier associated with your use of the Software, and a clear statement that you wish to opt out of arbitration.
Opting out will not affect your access to the Software or any other part of these Terms, and we will not treat you differently for having done so. If you opt out, disputes will be resolved in the courts identified below.
Court proceedings
For any claim not subject to arbitration, any claim severed from arbitration under this section, any action to compel arbitration or to enforce, confirm, correct or vacate an award, and any dispute where you have validly opted out, you and MyWayv consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, and each party waives any objection to that venue on grounds of inconvenient forum. This does not limit either party’s right to seek injunctive relief in any court of competent jurisdiction as described under “Claims not subject to arbitration” above, nor does it override any mandatory venue to which you are entitled under the consumer protection law of your place of residence.
Changes to this section
If we make a material change to this “Governing Law and Dispute Resolution” section, we will notify you in accordance with the “Changes to these Terms and updates to the Software” section, and you may reject the change by sending us written notice within thirty (30) days of the notice of change, in which case the version of this section in effect immediately before the change will continue to apply to you. A change to this section does not apply to any dispute for which a Notice of Dispute was given before the change took effect.
Severability of this section
If any portion of this “Governing Law and Dispute Resolution” section is found to be unenforceable, that portion shall be severed and the remainder shall continue in full force and effect, except as expressly provided in the “Class action and jury trial waiver” paragraph above.
Other important terms
Events beyond our reasonable control
If our provision of, or support for, the Software or the underlying services is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event.
Transfer of rights and obligations
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens, and we will ensure that the transfer does not affect your rights under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. Any attempted transfer or assignment in violation of this section shall be null and void.
Third party rights
Except as expressly stated in these Terms, these Terms does not give rise to any rights for any third party to enforce any term of these Terms.
Entire Agreement
This EULA, together with the Main Agreement where applicable and any additional agreements you may enter into with MyWayv in connection with the Software and underlying service, constitutes the entire agreement between us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into these Terms you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty, whether made innocently or negligently, that is not set out in these Terms.
Severance
Each of the conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
No Waiver
A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
A delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
Communications between us
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email at info@mywayv.com or by pre-paid post to:
MyWayv
21301 Powerline Rd, Suite 206
Boca Raton, FL 33433
United States
Details of the relevant MyWayv company in the country where you are accessing the Software can be found mywayv.com/legal-entities. We will confirm receipt by contacting you in writing, normally by email.
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us, or through a notice posted within our Software.