Holistagenix Terms of Service
Holistagenix Terms of Service
Version 3.1 · Effective date: October 18, 2026 · Holistagenix LLC
Important: Section 11 contains a binding arbitration clause and a class action waiver that affect how disputes are resolved. Please read it carefully. These Terms of Service ("Terms") are an agreement between you and Holistagenix
LLC ("Holistagenix, " "we," "us"). They govern your use of the Holistagenix mobile app, website and related services (the "Service"). By creating an account or using the Service, you agree to these terms and to our Privacy Policy . If you don't agree, don't use the Service. Holistagenix is a general wellness app, not a medical device. It has not been evaluated,
cleared or approved by the U.S. Food and Drug Administration or any other regulator . It is not intended to diagnose, treat, cure, monitor or prevent any disease or medical condition.
1. Eligibility:
You must be at least 18 years old to create an account or use the Service. By using the Service, you confirm that you are 18 or older and able to enter into a binding agreement. If we learn that an account belongs to someone under 18, we will close it and delete its data. You may use the Service only where it is lawful to do so, and only for yourself unless you have a practitioner account (Section 5).
2. Health and wellness disclaimer:
2.1 General wellness only. Everything in the Service, including Vitality Check readings, the Wellness Picture, practice suggestions, Guide content and companion messages, is for general wellness, lifestyle and educational purposes only. It is not medical advice.
2.2 No doctor-patient relationship. Using the Service does not create a doctor-patient or other healthcare relationship with Holistagenix or anyone working for us. Information from the Service should never replace advice, diagnosis or treatment from a qualified healthcare professional. Never ignore professional advice or delay seeking it because of
something you saw in the Service.
2.3 Emergencies. The Service is not for emergencies. If you have chest pain, trouble breathing, fainting, a racing or irregular heartbeat, sudden severe symptoms, or thoughts of harming yourself , stop using the Service and call 911 (in the U.S.) or your local emergency number , or go to the nearest emergency department. In the U.S., you can also
call or text 988 for the Suicide and Crisis Lifeline.
2.4 Talk to your doctor first. Check with a healthcare professional before starting a new exercise, breathing, eating or
fasting routine, especially if you are pregnant, have a heart, lung or metabolic condition, or take medication. Stop any practice that causes pain, dizziness or discomfort.
3. What the Service does:
The Service helps you notice how you feel and keep track of simple daily practices, compared only with your own past entries and readings. Feature What it is What it is not Feel · Choose · Act Daily check-in, an optional intention and an optional practice Vitality Check (iPhone only) An estimate of pulse, heart rate variability and breathing rate from your fingertip on the phone's rear camera and flash Wellness Picture and Snapshot A summary of your own check-ins, practices and readings over time Guide Practices, food ideas and general education Companion Set messages, and, if you choose, replies written with AI, to help you use the app Treatment or therapy A medical measurement, ECG,
blood pressure reading or heart- rhythm check A health score or diagnosis Personal medical or nutrition advice
A doctor , therapist or crisis service Camera reading limits. Vitality Check readings are estimates. Movement, lighting, finger pressure, cold hands, skin tone, phone model and other f actors can affect them, and a reading may be inaccurate or f ail. Readings are shown next to your own earlier readings, never against medical norms. Do not use them to make health decisions.
4. Your account and your data:
4.1 Your account. Give accurate information when you sign up and keep your password private. You are responsible for activity on your account. Tell us at customerservice@holistagenix.com if you think someone else has used it.
4.2 Privacy. Our Privacy Policy explains what we collect, how we use it, who helps us run the Service, and your choices. It is part of these Terms.
4.3 Camera data. During a Vitality Check, the camera image is processed on your phone to calculate the reading and is then discarded. Camera images and video are not stored by Holistagenix or sent to our servers. Only the resulting readings, with their date and time, are saved to your account.
4.4 Your content stays yours. You own the check-ins, notes and other information you enter. You give us permission to store and process it only to provide the Service to you and, if you choose, to share it with a practitioner you connect to.
4.5 Exporting and deleting. You can export your data and permanently delete your account from Profile in the app. Deleting your account removes your personal data, except where we must keep limited records by law , as described in the Privacy Policy .
5. Practitioner connections:
5.1 Connecting is your choice. If a practitioner gives you an invitation code, you can connect your account to theirs. Nothing is shared until you confirm. The app shows what will be shared before you connect, and you can disconnect at any time from Profile.
5.2 Practitioners are independent. Practitioners who use the Service are not employees or agents of Holistagenix. They are responsible for their own advice, services, licensing and conduct. Holistagenix does not check, endorse or supervise them and is not responsible for their advice or services.
5.3 Practitioner accounts. If you use the Service as a practitioner , you also agree to: use client information only to support the clients who connected with you; follow the laws and professional rules that apply to you, including privacy and health-information laws; not use the Service as your only clinical record; and not tell clients that Holistagenix readings are medical measurements. W e may close a practitioner account that breaks these rules.
6. The companion and acceptable use:
6.1 The companion. The in-app companion offers short messages to help you use the app. If you choose to turn on AI replies, the companion uses an AI service (OpenAI) to write its replies, as described in our Privacy Policy; you can turn this off at any time in Profile. AI replies can be wrong or incomplete, so don't rely on them for decisions about your health. The companion is not a person, therapist, doctor or crisis service, and it may not always understand what you write. If you are in crisis, use the emergency options in Section 2.3.
6.2 Acceptable use. You agree not to:
use the Service for anything unlawful, or to harass, threaten or harm anyone; enter someone else's information without their permission, or use another person's
account; copy , decompile, reverse-engineer or try to extract the app's source code or reading
methods, except where the law allows; interfere with the Service, get around its security , or access it with bots, scrapers or other automated tools; resell, rent or commercially redistribute the Service, except as a practitioner under
Section 5.
7. License, ownership, third parties and fees:
7.1 Y our license. W e give you a personal, limited, non-exclusive, non-transferable and revocable license to use the Service on devices you own or control, under these Terms.
7.2 Our ownership. The Service, including its software, design, text, practices, graphics, the Holistagenix name and logo, and the methods used to calculate readings, belongs to Holistagenix LL C or its licensors. These Terms don't give you any ownership rights.
7.3 Feedback. If you send us ideas or suggestions, we may use them without owing you anything.
7.4 Third-party services. The Service may link to services we don't run, such as a coach's booking page. Those services have their own terms and privacy policies, and we are not responsible for them.
7.5 Fees. The Service is currently free. If we introduce paid features, we will show the price and terms before you buy , and purchases made through the Apple App Store will be handled under Apple's payment and refund rules.
8. Ending your use and changes to these Terms:
8.1 Y ou can stop at any time. Delete your account from Profile in the app, or email customerservice@holistagenix.com.
8.2 We may suspend or close accounts that break these T erms, put others at risk, or
where the law requires it. Where reasonable, we will tell you first and give you a chance to
export your data.
8.3 Changes to the Service. W e may change, pause or stop parts of the Service. If we stop the Service entirely , we will give reasonable notice where we can.
8.4 Changes to these T erms. If we make an important change, we will tell you in the app or
by email before it takes effect. Continuing to use the Service after that means you accept the new Terms. If you don't agree, you can delete your account.
8.5 What continues. Sections 2, 7.2, 9, 10, 11 and 13 continue after your account ends.
9. Disclaimers and limits on liability:
9.1 As is. T O THE FULLEST EXTENT THE LA W ALL OWS, THE SERVICE IS PROVIDED " AS IS"
AND " AS AVAILABLE, " WITHOUT WARRANTIES OF ANY KIND , INCLUDING WARRANTIES
OF ACCURAC Y , MERCHANT ABILITY , FITNESS FOR A P ARTICULAR PURPOSE AND NON-
INFRINGEMENT . WE DO NO T PROMISE THA T READINGS WILL BE ACCURA TE OR THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9.2 Limit on damages. TO THE FULLEST EXTENT THE LAW ALLOWS, HOLISTAGENIX AND
ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT ,
INCIDENT AL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST DATA OR PROFITS, ARISING FROM Y OUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$50.
9.3 Where the law says otherwise. Some places don't allow these exclusions or limits. In those places, they apply only as far as the law allows, and nothing in these Terms limits
liability that cannot be limited by law.
10. Indemnification
You agree to cover Holistagenix's reasonable losses and legal costs from third-party claims caused by your misuse of the Service or your breach of these Terms. For practitioners, this includes claims arising from the services you provide to your clients.
11. Disputes and governing law:
11.1 T alk to us first. If you have a dispute with us, email customerservice@holistagenix.com with a description of the issue. W e will both try in good f aith to resolve it within 30 days.
11.2 Arbitration. If it isn't resolved, any dispute arising from these Terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Palm Beach County , Florida, or by video, or in your home county if you prefer .
11.3 Exceptions. Either of us may bring an individual claim in small claims court, and either of us may ask a court to stop the misuse of intellectual property .
11.4 Class action waiver. YOU AND HOLIST AGENIX EACH AGREE TO BRING CLAIMS
ONLY ON AN INDIVIDUAL BASIS, NO T AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENT A TIVE ACTION.
11.5 Opting out. You can opt out of arbitration by emailing customerservice@holistagenix.com within 30 days of first accepting these Terms, with your name, account email and a statement that you opt out.
11.6 Governing law. These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-law rules. If a court finds any part of these Terms unenforceable, the rest stays in effect.
12. Apple App Store terms:
If you downloaded the app from the Apple App Store, these extra terms apply: These Terms are between you and Holistagenix only , not Apple. Holistagenix, not Apple, is responsible for the app and its content. Your license is limited to using the app on Apple-branded devices you own or control, as allowed by the App Store's Usage Rules. Apple has no obligation to provide maintenance or support for the app. If the app f ails to meet any warranty that applies, you may notify Apple, and Apple may refund the purchase price (if any). T o the extent the law allows, Apple has no other
warranty obligation for the app. Holistagenix, not Apple, is responsible for any claims about the app, including product
liability claims, claims that it f ails to meet legal or regulatory requirements, and consumer protection or privacy claims.
Holistagenix, not Apple, is responsible for investigating and handling any claim that the app infringes someone's intellectual property .You confirm that you are not located in a country subject to a U.S. government embargo or listed as a terrorist-supporting country , and that you are not on any U.S. government list of prohibited or restricted parties.
You must follow any third-party terms that apply when using the app, such as your mobile carrier's. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Contact:
Holistagenix LL C, a Florida limited liability company 8983 Okeechobee Blvd, Ste 183, West Palm Beach, FL 33412
Email: customerservice@holistagenix.com · Support hours: Monday to Friday , 9 a.m. to 5p.m. Eastern Time, except U.S. federal holidays. We aim to reply within 2 business days.
Website: holistagenix.com/terms