Terms of Service

Last updated: February 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ensonova ("Company," "we," "us," or "our") governing your access to and use of the Mindstrider mobile application and any related services, features, content, or functionality (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not download, install, access, or use the Service.

Your continued use of the Service following any modifications to these Terms constitutes your acceptance of such modifications. We reserve the right to update, amend, or replace any part of these Terms at our sole discretion, as described in Section 15 below.

2. Description of Service

Mindstrider is a step counting and movement tracking application designed to encourage physical activity, primarily walking and general movement, as a pathway to mental clarity and emotional well-being. The Service may include, but is not limited to, the following features:

• Step counting and daily movement tracking
• Walking activity monitoring and history
• Movement-based goals and milestones
• Progress visualization and statistics
• Motivational prompts to encourage regular walking and physical movement
• Wellness insights based on your movement patterns

The Service is intended to serve as a general wellness companion that promotes physical activity through walking and movement. Features, functionality, and availability may change at any time without prior notice. We reserve the right to modify, suspend, or discontinue any aspect of the Service at our sole discretion.

3. Eligibility

You must be at least thirteen (13) years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for that minor's use of the Service.

We do not knowingly collect personal information from children under the age of 13. If we become aware that a user is under 13 years of age, we will take steps to terminate that user's account and delete any associated personal information.

4. Important Health and Fitness Disclaimer

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF THE SERVICE AND YOUR PERSONAL HEALTH AND SAFETY.

4.1 Not a Medical Device or Clinical Treatment

Mindstrider is a general wellness application. It is not a medical device, a clinical fitness program, a prescribed exercise regimen, or a clinical treatment of any kind. The Service has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other governmental or regulatory body. The Service is not intended to diagnose, treat, cure, mitigate, or prevent any disease, medical condition, or health problem.

4.2 Not a Substitute for Professional Medical Advice

The information, content, and features provided through the Service are for general informational and motivational purposes only. Nothing in the Service constitutes or is intended to constitute professional medical advice, diagnosis, treatment, or a recommendation for any specific course of physical activity. The Service is not a substitute for professional medical advice, examination, diagnosis, or treatment by a qualified physician, physical therapist, fitness professional, or other licensed healthcare provider.

4.3 We Are Not Healthcare Providers

Ensonova and its officers, directors, employees, agents, contractors, and affiliates are not licensed physicians, medical doctors, nurses, physical therapists, certified fitness trainers, exercise physiologists, registered dietitians, or healthcare providers of any kind. We do not provide medical advice, fitness prescriptions, physical therapy, rehabilitation guidance, or any form of healthcare service. No doctor-patient, therapist-client, or trainer-client relationship is created by your use of the Service.

4.4 Consult Your Physician

You should always consult with a qualified physician or healthcare provider before beginning, modifying, or increasing any exercise program, walking routine, or physical activity regimen, particularly if you:

• Have a pre-existing heart condition, cardiovascular disease, or history of cardiac events
• Have joint problems, arthritis, musculoskeletal injuries, or chronic pain conditions
• Have respiratory conditions such as asthma, COPD, or breathing difficulties
• Have diabetes, metabolic disorders, or blood pressure conditions
• Are pregnant, nursing, or recently postpartum
• Are recovering from surgery, illness, or injury
• Take medications that may affect your heart rate, blood pressure, balance, or physical capacity
• Have been sedentary for an extended period
• Have any other medical condition or health concern that could be affected by physical activity

Never disregard professional medical advice or delay seeking medical treatment because of information or suggestions you encountered through the Service.

4.5 Stop Activity if Symptoms Occur

You must immediately stop any physical activity and seek medical attention if you experience any of the following during or after walking or movement:

• Pain, discomfort, or pressure in your chest, neck, jaw, or arms
• Dizziness, lightheadedness, faintness, or loss of balance
• Shortness of breath or difficulty breathing
• Nausea, vomiting, or cold sweats
• Unusual or severe fatigue
• Sharp or persistent joint or muscle pain
• Heart palpitations or irregular heartbeat
• Blurred vision or disorientation
• Any other symptoms that feel abnormal or concerning

4.6 Accuracy of Step Data

Step counts, distance estimates, and other movement data provided by the Service are approximate and are derived from your device's built-in sensors, which are subject to hardware limitations, environmental factors, calibration differences, and other variables. This data may not be fully accurate and should not be relied upon for medical decisions, clinical assessments, physical therapy tracking, or any purpose requiring precision measurement. You acknowledge that step data and movement metrics are estimates only.

4.7 No Guaranteed Outcomes

Individual results from using the Service will vary significantly based on numerous factors including, but not limited to, your age, overall health, fitness level, consistency of use, walking conditions, lifestyle, and other personal factors. Ensonova makes no guarantees, representations, or warranties regarding any specific physical, mental, emotional, or wellness outcomes from using the Service. Any testimonials, success stories, or examples referenced in connection with the Service are individual experiences and are not intended as guarantees of similar results.

5. Assumption of Risk

You expressly acknowledge and agree that physical activity, including walking, stepping, and general movement, carries inherent risks of injury, illness, disability, and in extreme cases, death. These risks include, but are not limited to: falls, trips, and slips; muscle strains, sprains, and tears; joint injuries; bone fractures; overexertion; heat-related illness; dehydration; cardiovascular events; and injuries caused by environmental conditions such as uneven terrain, traffic, weather, or obstacles.

By using the Service, you voluntarily assume all risks associated with any physical activity you undertake in connection with or motivated by the Service. You acknowledge that Ensonova has no control over how, when, where, or under what conditions you engage in physical activity, and that you are solely responsible for assessing and managing the risks of your own physical activity. You agree that you are participating in physical activity at your own risk and of your own free will.

6. User Accounts

To access certain features of the Service, you may be required to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Maintain the security and confidentiality of your login credentials, including your password
• Accept all responsibility for any activity that occurs under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security

You are solely responsible for all activity conducted through your account, whether or not you authorized that activity. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials. We reserve the right to suspend or terminate your account at any time, for any reason, at our sole discretion, with or without notice.

7. User Responsibilities

You agree to use the Service in compliance with all applicable laws, regulations, and these Terms. You agree that you will not:

• Use the Service for any unlawful, fraudulent, or malicious purpose
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, or any networks connected to the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Modify, adapt, translate, or create derivative works based on the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Service
• Use the Service to transmit any viruses, malware, or other harmful code
• Use any automated means, including bots, scrapers, or crawlers, to access or interact with the Service
• Attempt to manipulate, falsify, or artificially inflate step counts or movement data
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service
• Share, resell, sublicense, or otherwise distribute access to your account or the Service to third parties

8. Intellectual Property

The Service, including but not limited to all software, code, algorithms, designs, user interface elements, graphics, icons, images, text, audio, video, data compilations, trademarks, service marks, trade names, logos, and other content and materials (collectively, "Intellectual Property"), is owned by Ensonova or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of the United States and international jurisdictions.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a compatible device that you own or control, solely for your personal, non-commercial use. This license does not grant you any ownership interest in the Service or its Intellectual Property.

All rights not expressly granted in these Terms are reserved by Ensonova. No implied licenses are granted under these Terms. You acknowledge that the Service contains proprietary and confidential information protected by applicable intellectual property and other laws.

9. Subscription and Payment Terms

Certain features of the Service may be available through paid subscription plans or in-app purchases ("Paid Features"). If you choose to access Paid Features:

• Pricing and Billing: Subscription fees and pricing are presented within the Service at the time of purchase. All prices are in U.S. dollars unless otherwise indicated. You agree to pay all fees and charges associated with your selected subscription plan.
• Recurring Billing: Subscriptions automatically renew at the end of each billing cycle (monthly or annually, as applicable) unless you cancel before the renewal date. You authorize us or the applicable app store platform to charge your designated payment method on a recurring basis.
• Cancellation: You may cancel your subscription at any time through your device's app store account settings (e.g., Apple App Store). Cancellation takes effect at the end of the current billing period. You will retain access to Paid Features until the end of your paid period. No partial refunds are provided for unused portions of a billing cycle.
• Free Trials: We may offer free trial periods for Paid Features. If you do not cancel before the free trial expires, your subscription will automatically convert to a paid subscription and your payment method will be charged at the then-current subscription rate.
• Price Changes: We reserve the right to change subscription pricing at any time. Price changes will take effect at the start of the next billing cycle following notice of the change. Your continued use of Paid Features after a price change constitutes your acceptance of the new pricing.
• Third-Party Payment Processors: Payments are processed through third-party platforms, including the Apple App Store. Your purchase is also subject to the terms and conditions of the applicable platform. We are not responsible for any errors, charges, or issues arising from third-party payment processing.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENSONOVA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY STEP DATA, MOVEMENT METRICS, DISTANCE CALCULATIONS, OR OTHER INFORMATION PROVIDED BY THE SERVICE
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES THAT ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
• WARRANTIES THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

You acknowledge that the use of the Service is at your sole risk. Any material downloaded or otherwise obtained through the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download or use of any such material.

No advice or information, whether oral or written, obtained by you from Ensonova or through the Service shall create any warranty not expressly stated in these Terms.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENSONOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR SUPPLIERS (COLLECTIVELY, THE "ENSONOVA PARTIES") BE LIABLE FOR ANY OF THE FOLLOWING ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY PERSONAL INJURY, BODILY HARM, PHYSICAL DAMAGE, OR DEATH ARISING FROM OR RELATED TO YOUR PHYSICAL ACTIVITY, WALKING, MOVEMENT, OR EXERCISE, WHETHER OR NOT UNDERTAKEN IN CONNECTION WITH THE SERVICE
• ANY HEALTH EFFECTS, MEDICAL CONDITIONS, AGGRAVATION OF EXISTING CONDITIONS, OR PHYSICAL OR MENTAL HARM RESULTING FROM OR ALLEGEDLY RESULTING FROM YOUR USE OF THE SERVICE OR RELIANCE ON ANY INFORMATION, CONTENT, OR FEATURES PROVIDED THROUGH THE SERVICE
• ANY INACCURACIES IN STEP COUNTS, DISTANCE MEASUREMENTS, OR OTHER DATA PROVIDED BY THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
• ANY THIRD-PARTY CONDUCT, CONTENT, OR SERVICES ACCESSED THROUGH THE SERVICE
• ANY OTHER MATTER RELATING TO THE SERVICE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE ENSONOVA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ENSONOVA FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE ENSONOVA PARTIES HAVE BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE ENSONOVA PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ensonova and the Ensonova Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use of or access to the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any physical injury, illness, disability, death, or property damage resulting from your physical activity, walking, movement, or exercise, whether or not undertaken in connection with the Service
• Any claim that your use of the Service caused or contributed to personal injury, health problems, or any adverse physical or mental effects to you or any third party
• Any content or data you submit, post, or transmit through the Service
• Any misrepresentation made by you

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

13. Third-Party Services

The Service may contain links to, integrations with, or rely on third-party websites, services, applications, or content ("Third-Party Services"), including but not limited to device health and fitness platforms (such as Apple HealthKit), analytics services, and payment processors. These Third-Party Services are not owned or controlled by Ensonova.

We do not endorse, warrant, or assume any responsibility for Third-Party Services, their content, privacy practices, or their terms of service. Your use of any Third-Party Services is at your own risk and is governed by the terms and policies of those third parties. We are not liable for any loss or damage arising from your use of or reliance on any Third-Party Services.

If you grant the Service permission to access data from Third-Party Services (such as step data from Apple HealthKit), you acknowledge that the accuracy and availability of such data depend on the third-party platform and are outside our control.

14. Termination

We reserve the right to suspend or terminate your access to the Service, in whole or in part, at any time, for any reason or no reason, with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, suspected fraudulent or unlawful activity, or discontinuation of the Service.

You may terminate your use of the Service at any time by deleting the application from your device and, if applicable, canceling any active subscriptions through your device's app store account settings.

Upon termination, your right to use the Service will immediately cease. The following sections shall survive any termination of these Terms: Sections 4 (Health and Fitness Disclaimer), 5 (Assumption of Risk), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 16 (Governing Law), and any other provisions that by their nature should survive termination.

15. Changes to Terms

We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion. When we make changes, we will update the "Last updated" date at the top of these Terms. We may also notify you of material changes through the Service, via email, or through other reasonable means.

Your continued use of the Service after the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and, if applicable, delete your account. It is your responsibility to review these Terms periodically for changes.

16. Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any disputes arising out of or relating to these Terms or the Service.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the greatest extent possible.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us in connection with the Service, constitute the entire agreement between you and Ensonova regarding your use of the Service. These Terms supersede all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, between you and Ensonova with respect to the subject matter hereof. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Us

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:

Email: support@ensonova.com
Website: ensonova.com