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Terms of Service

Last updated: February 16, 2026

These Terms of Service ("Terms") govern your access to and use of the Wane mobile application, website, and related services (collectively, the "Service") operated by Wane ("we," "us," or "our"). Please read these Terms carefully before using the Service.

By downloading, installing, creating an account, or using Wane, you agree to be bound by these Terms, including the binding arbitration clause and class action waiver in Section 16. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years of age (or 13 in jurisdictions where 13 is the applicable minimum) to use Wane. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.

2. Description of Service

Wane is a wellness application that connects to wearable devices and health platforms to analyze biometric trends and provide burnout risk assessments. The Service includes:

  • A daily Wane Score (0-100) calculated from biometric data.
  • Trend tracking across 21+ health metrics.
  • Push notifications for burnout risk changes.
  • Premium features: AI-powered insights, sleep deep analysis, pattern detection, and weekly reports.

The Service is for informational and general wellness purposes only. It is not a medical device, clinical tool, or diagnostic instrument.

3. Not Medical Advice — Health Disclaimer

IMPORTANT: Wane is not a medical device and does not provide medical advice, diagnosis, or treatment.

The scores, insights, alerts, and other information provided by the Service are based on statistical analysis of biometric trends from consumer wearable devices. They are intended for general wellness monitoring and should not be:

  • Used as a substitute for professional medical advice, diagnosis, or treatment.
  • Relied upon for clinical decision-making or to assess, diagnose, or treat any medical condition.
  • Interpreted as a guarantee of health status or a prediction of any specific health outcome.

Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. If you think you may have a medical emergency, call your doctor or emergency services immediately.

You acknowledge that biometric data from consumer wearables has inherent limitations in accuracy and that the Wane Score is a wellness indicator, not a clinical measurement.

4. Assumption of Risk

Your use of the Service is at your own risk. You acknowledge and agree that:

  • Wellness scores and insights may not be accurate for every individual.
  • The absence of an alert does not mean the absence of a health concern.
  • You are solely responsible for your health decisions and for consulting with qualified healthcare professionals.
  • Wane is not liable for any action or inaction you take based on information provided by the Service.

5. AI-Powered Features Disclaimer

Wane offers optional AI-generated wellness insights as a premium feature. You acknowledge that:

  • AI-generated content is produced by machine learning models and may contain inaccuracies, errors, or incomplete information ("hallucinations").
  • AI insights are not reviewed by medical professionals before delivery.
  • AI insights are for informational purposes only and do not constitute medical advice, diagnosis, or treatment recommendations.
  • You should not rely solely on AI-generated insights for any health-related decisions.

6. Account Registration

You must create an account to use Wane. You may register using Apple Sign In or email and password. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information.
  • Maintain the security and confidentiality of your login credentials.
  • Accept responsibility for all activity that occurs under your account.
  • Notify us immediately if you suspect unauthorized access to your account.

You may not create multiple accounts, share your credentials, or transfer your account to another person.

7. Subscriptions and Payments

  • Wane offers both free and premium subscription tiers.
  • Premium features include AI Insights, Sleep Deep Analysis, Pattern Detection, and Weekly Reports.
  • Subscriptions are available on a monthly or annual basis.
  • All subscriptions are billed through the Apple App Store (iOS) or Google Play Store (Android) and are subject to the respective store's terms and conditions.
  • Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the renewal date.
  • You can manage or cancel your subscription at any time through your device's subscription settings (Settings > Apple ID > Subscriptions on iOS, or Google Play > Subscriptions on Android).
  • Refunds are handled by Apple or Google according to their respective refund policies. We do not process refunds directly.
  • We reserve the right to change subscription pricing. Existing subscribers will be notified in advance and changes will apply at the next renewal period.

For EU/EEA users: Subscription purchases are processed through the Apple App Store or Google Play Store. The applicable withdrawal (cooling-off) rights and procedures are managed by and subject to the terms of the respective store. You retain the right to cancel future renewals at any time through your device's subscription settings.

8. Acceptable Use

You agree not to:

  • Use the Service for any unlawful, fraudulent, or harmful purpose.
  • Attempt to reverse-engineer, decompile, disassemble, or derive the source code of the application.
  • Interfere with, disrupt, or place an undue burden on the Service or its infrastructure.
  • Attempt to gain unauthorized access to any part of the Service, other accounts, or related systems.
  • Use the Service, including any proprietary outputs, non-public features, or algorithmic results, to build or benchmark a competing product through scraping, reverse engineering, or other unauthorized means.
  • Use automated scripts, bots, or scrapers to access the Service.
  • Create multiple accounts for fraudulent or abusive purposes.
  • Share your account credentials with others or allow others to use your account.
  • Circumvent any technical measures we use to provide or secure the Service.
  • Use data obtained from the Service to train AI or machine learning models without our written consent.

We reserve the right to suspend or terminate your access if you violate these provisions.

9. Intellectual Property

All content, features, and functionality of the Service — including but not limited to algorithms, software, design, text, graphics, logos, icons, and user interface elements — are owned by Wane and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms. This license does not include the right to:

  • Modify, reproduce, distribute, or create derivative works based on the Service.
  • Use any Wane trademarks, logos, or branding without our written permission.
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices.

10. User Feedback

If you provide us with feedback, suggestions, ideas, bug reports, or other communications regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable right to use, modify, reproduce, distribute, and incorporate such Feedback into the Service without any obligation of compensation, attribution, or confidentiality.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, share, and protect your personal and biometric data. The Privacy Policy is incorporated into these Terms by reference.

By using the Service and connecting wearable devices or health platforms, you consent to the collection and processing of your biometric and health data as described in our Privacy Policy.

12. Electronic Communications Consent

By creating an account, you consent to receive electronic communications from us, including:

  • Service-related messages (account verification, security alerts, subscription updates).
  • Push notifications (burnout risk alerts, trend changes, milestones).
  • Wellness-related communications (weekly reports, insights).

You may control notification preferences in the app's settings or disable push notifications through your device settings. Service-related messages necessary for account security and operation cannot be opted out of while your account is active.

You agree that these electronic communications satisfy any legal requirement that communications be in writing.

13. Third-Party Services

The Service integrates with third-party platforms and services, including:

  • Wearable device APIs (Whoop, Oura Ring) for data synchronization.
  • Apple HealthKit and Android Health Connect for biometric data access.
  • Apple App Store and Google Play Store for distribution and payments.
  • RevenueCat for subscription management.

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, or availability of third-party services. Third-party integrations may be modified or discontinued at any time.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free.
  • Burnout risk assessments, scores, or insights will be accurate, complete, or reliable for any particular individual.
  • The Service will meet your requirements or expectations.
  • Any defects or errors will be corrected.
  • The Service is free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the maximum extent permitted by applicable law.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WANE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

Our total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the amounts you paid to us for the Service in the 12 months preceding the claim, or (b) fifty US dollars ($50.00).

The limitations in this section apply regardless of whether we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

16. Dispute Resolution and Binding Arbitration

EU/EEA/UK/Switzerland residents: If you are a consumer resident in the EU, EEA, United Kingdom, or Switzerland, you may bring claims in your local courts and mandatory consumer protection laws of your country of residence apply. The arbitration provisions below apply only to the extent permitted by applicable law in your jurisdiction and do not limit those rights. You may also contact your local consumer protection authority or use available alternative dispute resolution (ADR) mechanisms in your country of residence.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1 Informal Resolution. Before initiating any formal dispute proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.

16.2 Binding Arbitration. To the extent permitted by applicable law, if we cannot resolve a dispute informally, you and Wane agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (including the formation, performance, or breach of these Terms) shall be resolved through final and binding arbitration, rather than in court, except as set forth below.

  • Arbitration shall be administered by JAMS under its Streamlined Arbitration Rules and Procedures.
  • The arbitration shall be conducted by a single arbitrator.
  • The arbitration may be conducted remotely (by videoconference, telephone, or online) or at a mutually agreed location.
  • The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
  • For claims of $10,000 or less, we will reimburse your filing fees and pay arbitrator costs.

16.3 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WANE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. To the maximum extent permitted by applicable law and the arbitration administrator's rules, the parties agree not to seek to consolidate arbitrations or bring claims in a representative capacity.

16.4 Jury Trial Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WANE WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING UNDER THESE TERMS.

16.5 Exceptions. Notwithstanding the above, either party may: (a) bring an individual action in small claims court for disputes within its jurisdiction; (b) seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

16.6 Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Wane agree to resolve disputes in the courts specified in Section 17.

16.7 Severability. If any part of this arbitration agreement is found unenforceable, the remaining parts shall continue to apply. If the class action waiver is found unenforceable, the entire arbitration agreement shall be void (but the rest of these Terms remain in effect).

17. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

To the extent that arbitration does not apply, any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Bucharest, Romania, and you consent to the personal jurisdiction of such courts.

For EU/EEA consumers: You may also bring proceedings in the courts of your country of residence. Nothing in these Terms affects your rights as a consumer under mandatory provisions of the law of your country of residence, including those arising under Regulation (EC) No 593/2008 (Rome I).

18. Indemnification

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

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.
  • Any content or data you provide through the Service.
  • Your reliance on scores, insights, or information provided by the Service for health-related decisions.

This indemnification obligation survives termination of these Terms and your use of the Service.

For EU/EEA consumers: This section applies only to the extent permitted by applicable consumer protection laws in your jurisdiction.

19. Account Termination

By you: You may delete your account at any time from the app's Profile screen. Upon account deletion, we delete your data from our active production systems promptly. Some data may remain in encrypted backups or security logs for a limited period and will be purged on a rolling schedule (typically within 30 days). Certain records may be retained where required by law (e.g., transaction records for tax or legal compliance). See our Privacy Policy for full details.

By us: We may suspend or terminate your account and access to the Service at any time, with or without notice, if:

  • You violate these Terms.
  • Your use of the Service poses a risk to other users, us, or third parties.
  • We are required to do so by law.
  • We discontinue the Service (with reasonable advance notice).

Upon termination, your license to use the Service immediately ceases. Sections that by their nature should survive termination (including Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) shall survive.

20. Apple App Store Terms

If you downloaded Wane from the Apple App Store, the following additional terms apply:

  • These Terms are between you and Wane, not Apple Inc. ("Apple"). Apple is not responsible for the Service or its content.
  • Apple has no obligation to provide maintenance or support services for the Service.
  • In the event of any failure of the Service 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 Service.
  • Apple is not responsible for addressing any claims by you or a third party relating to the Service, including product liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the Service infringes that third party's intellectual property rights, Wane, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of such claim.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
  • You represent and warrant that: (a) you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any US Government list of prohibited or restricted parties.

21. Google Play Store Terms

If you downloaded Wane from the Google Play Store, the following additional terms apply:

  • These Terms are between you and Wane, not Google LLC ("Google"). Google is not responsible for the Service or its content.
  • Your use of the Service must comply with Google Play's current Terms of Service.
  • Google is a third-party beneficiary of these Terms and may enforce them accordingly.

22. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page.
  • Notify you through the app or by email.
  • Provide at least 30 days' notice before material changes take effect.

Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

23. Changes to the Service

We may modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that significantly affect your use of the Service. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

24. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, acts of government, war, terrorism, civil unrest, labor disputes, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

25. General Provisions

25.1 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

25.2 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.

25.3 No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any provision shall only be effective if made in writing and signed by us.

25.4 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Wane regarding the Service and supersede all prior agreements, understandings, and communications (whether written or oral) regarding the subject matter.

25.5 Export Compliance. You agree to comply with all applicable export and re-export control laws and regulations. You may not use or access the Service from any US-embargoed country or in violation of any applicable export law or regulation.

25.6 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

26. Contact Us

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

  • General support: [email protected]
  • Legal inquiries: [email protected]
  • Arbitration opt-out: [email protected] (within 30 days of accepting these Terms)

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