Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Aypex website, the Aypex mobile application (“app”), the Aypex Hub (“Hub”), and related products, features, and services (together, the “Services”), provided by Aypex, Inc. (“Aypex,” “we,” “us,” or “our”).

By creating an account or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

Eligibility

You must be at least 18 years old to use our Services. By using the Services, you affirm that you are legally able to enter into this agreement.

The Services

Aypex is a performance health platform. Through the Services, you can complete short reflections by voice or text, connect a wearable, and the platform produces derived performance signals and insights, including indicators such as Energy, Clarity, State of Mind, and State.

• The mobile app is for individuals.
• The Hub is for performance professionals and organizations who support their clients or members.
• The website provides information about Aypex.

We may add, change, or remove features at any time.

Your account

You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly at support@aypex.ai if you suspect unauthorized use.

Subscriptions, billing, and cancellation

Some parts of the Services require a paid subscription.

• Billing. Subscriptions purchased in the app are billed through the Apple App Store or Google Play and are subject to their terms. Other subscriptions may be billed through Stripe and are subject to their terms.
• Free trial. Where a free trial is offered, you will be charged when the trial ends unless you cancel beforehand.
• Auto-renewal. Subscriptions renew automatically at the then-current price unless cancelled before the renewal date.
• Cancellation. You may cancel at any time. For app-store purchases, manage and cancel through your app-store account. For Stripe purchases, manage and cancel through the respective Aypex product. Cancellation takes effect at the end of the current billing period.
• Refunds. Except where required by law or app-store policy, payments are non-refundable. Aypex may offer refunds at our sole discretion.
• Price changes. We may change prices; we will give notice as required, and changes apply to the next billing period.

Hub usage

If you use the Aypex Hub:

• You access information and derived data only for clients connected to you. You do not receive the raw content of your clients’ or members’ language entries.
• You are responsible for your own professional relationships, conduct, credentials, and obligations to your clients, including obtaining any consents your practice requires.
• You agree to use professional judgment when interpreting Aypex outputs and not to rely on them as the sole basis for any decision.
• You agree to maintain appropriate referral relationships and to refer clients to qualified licensed professionals when a situation warrants care that Aypex does not provide.

Your content

“Your Content” means the reflections and other material you connect or submit. You own Your Content. You grant Aypex a worldwide, royalty-free license to host, process, and analyze Your Content to provide, maintain, and improve the Services, including generating your derived data and developing and improving our models.

De-identified and aggregated data. You agree that Aypex may create de-identified and aggregated data from Your Content and from your use of the Services. De-identified and aggregated data does not identify you and is not your personal information. Aypex may use and retain it for any lawful purpose, including research, analysis, model development and training, publication of findings, and building and improving current and future products and may continue to do so after your account is deactivated.

Raw reflection content is never exposed directly to Hub users or organizations (see our Privacy Policy).

You are responsible for Your Content and confirm you have the right to submit it.

Acceptable use

You agree not to:

• Use the Services unlawfully or to harm others;
• Attempt to access accounts, data, or systems you are not authorized to access;
• Reverse engineer, scrape, or interfere with the Services or their security;
• Resell or commercially exploit the Services except as expressly permitted; or
• Use the Services to provide medical, psychological, or clinical care, or in any way that misrepresents what Aypex does.

Intellectual property

Aypex and its licensors own the Services, including the software, models, measurement methodology, derived-signal outputs, designs, trademarks, and all other Aypex outputs and products. Except for the rights expressly granted to you, we reserve all rights. You may not use Aypex’s name or marks without our prior written permission.

Not a medical device; not professional advice

Aypex is a performance instrument, not a healthcare product. Aypex is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Services do not provide medical, psychological, clinical, legal, or financial advice, and they are not a substitute for professional care.

Aypex does not detect or assess mental health conditions or crises. If you are experiencing a crisis or believe you may need medical or mental health support, contact a qualified professional or your local emergency services immediately.

You are responsible for decisions you make based on the Services.

Third-party services

The Services may connect to third-party services (such as Apple Health, Health Connect, calendar providers, app stores, payment processors, and other parties). Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, 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 that outputs will be accurate or reliable for any particular purpose.

Limitation of liability

To the maximum extent permitted by law, Aypex and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the Services.

To the maximum extent permitted by law, Aypex’s total liability for any claim relating to the Services will not exceed the greater of (a) the amount you paid Aypex in the twelve months before the claim, or (b) US $100.

Indemnification

You agree to indemnify and hold Aypex harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. Sections of these terms that, by their nature should survive termination, will survive.

Changes to these terms

We may update these Terms from time to time. We will post the updated version with a new “Last Updated” date and, for material changes, provide additional notice where required. Continued use after changes take effect means you accept the updated Terms.

Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Before bringing any formal claim, you agree to first contact us at support@aypex.ai so we can attempt to resolve the matter informally.

General

These Terms, together with the Privacy Policy, are the entire agreement between you and Aypex regarding the Services. If any provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver.

Contact us

If you have any questions, please contact us at support@aypex.ai.

Aypex, Inc.