END USER LICENSE AGREEMENT
PLEASE REVIEW THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS APP1. Acceptance of Terms Welcome to HabitNu. These Terms and Conditions ("Terms") govern your access to and use of the HabitNu platform, mobile applications, websites, services, coaching programs, content, communications, connected device integrations, artificial intelligence tools, and related offerings (collectively, the "Services").By accessing, using, registering for, or participating in any HabitNu Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
2. EligibilityYou must be at least eighteen (18) years old or the age of majority in your jurisdiction to use the Services unless participation is authorized by a parent, guardian, employer, health plan, healthcare provider, or other authorized entity.3. Wellness and Educational ServicesHabitNu provides wellness, lifestyle, coaching, educational, engagement, and support services.Participation in the Services does not create a physician-patient, therapist-patient, or other healthcare provider relationship with HabitNu.Participation in the Services does not create a physician-patient, therapist-patient, or other healthcare provider relationship with HabitNu.4. Medical DisclaimerThe Services are not intended to diagnose, treat, cure, prevent, or manage any disease or medical condition.Information provided through the Services is for educational and wellness purposes only and should not be considered medical advice. Always consult your physician or qualified healthcare provider regarding any medical condition, treatment decision, medication change, symptom, or health concern.If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical care.5. Third-Party Devices and EquipmentAs part of the Services, participants may receive, use, connect, or access third-party devices including scales, blood pressure monitors, activity trackers, wearable devices, glucose monitoring devices, and related accessories ("Devices").All Devices are manufactured, designed, tested, distributed, serviced, and warranted solely by independent third-party manufacturers. HabitNu does not manufacture, design, test, inspect, repair, maintain, modify, certify, or warrant any Device.HabitNu may facilitate ordering, shipment, replacement, setup, connection, or support for Devices for participant convenience. Such facilitation does not make HabitNu the manufacturer, seller, distributor, warrantor, repairer, or guarantor of any Device.Participants acknowledge that use of Devices involves inherent risks including device malfunction, inaccurate measurements, connectivity failures, breakage, bodily injury, illness, death, property damage, and other unforeseen events.Participants voluntarily assume all risks associated with the use or misuse of Devices.Participants agree to follow all manufacturer instructions, warnings, safety guidelines, and intended-use requirements.Participants are responsible for visually inspecting Devices before use and discontinuing use if a Device appears damaged, cracked, unstable, malfunctioning, or unsafe.Any warranty claim, product defect claim, recall issue, or safety concern relating to a Device must be directed to the applicable manufacturer.6. Connected Device DataIf you connect a third-party device to HabitNu, you authorize HabitNu to receive, collect, process, analyze, store, display, transmit, and use information generated by that device for program administration, coaching, participant engagement, analytics, reporting, quality improvement, and related purposes.HabitNu is not responsible for the accuracy, completeness, reliability, availability, timeliness, or clinical validity of data generated by third-party devices.
7. Artificial Intelligence and Automated InsightsHabitNu may utilize artificial intelligence technologies, machine learning systems, predictive models, digital assistants, automated communications, Fathom, Journey Twin, Coach Twin, Nu, and similar technologies.AI-generated content, predictions, recommendations, risk scores, alerts, nudges, coaching suggestions, or automated communications are intended solely to support participant engagement, education, coaching, wellness activities, and administrative functions.AI-generated outputs are not medical advice, diagnosis, treatment recommendations, prescribing guidance, emergency guidance, or clinical judgment.HabitNu does not guarantee the accuracy, completeness, reliability, or effectiveness of AI-generated outputs.8. Third-Party Services and IntegrationsHabitNu may integrate with healthcare providers, pharmacies, laboratories, health plans, electronic health records, wearable devices, device manufacturers, software vendors, and other third-party systems.HabitNu does not control and is not responsible for the performance, availability, accuracy, security, products, services, content, acts, or omissions of third parties.Use of third-party products and services may be subject to separate terms, privacy policies, warranties, and conditions.9. Participant Responsibilities
Participants agree to:
  • Provide accurate information.
  • Maintain account security.
  • Follow coaching recommendations at their own discretion.
  • Use Devices in accordance with manufacturer instructions.
  • Promptly report Device malfunctions, safety concerns, injuries, or defects.
  • Comply with applicable laws.
Participants may not misuse, disrupt, reverse engineer, scrape, or interfere with the Services.10. Incident ReportingParticipants agree to promptly notify HabitNu regarding any Device malfunction, breakage, defect, injury, safety concern, recall issue, inaccurate reading, or related incident.Participants agree to preserve the Device, packaging, accessories, photographs, and related documentation following an incident and not intentionally alter, repair, destroy, or discard such materials until reasonably reviewed by the manufacturer or appropriate parties.HabitNu's collection of incident information does not constitute an admission of fault, liability, responsibility, or control over the Device.11. Intellectual PropertyAll HabitNu content, software, technology, trademarks, service marks, logos, text, graphics, designs, reports, dashboards, algorithms, Fathom technologies, Journey Twin technologies, Coach Twin technologies, and related intellectual property are owned by HabitNu or its licensors and are protected by applicable intellectual property laws.No rights are granted except as expressly stated in these Terms.12. Disclaimer of WarrantiesThe Services are provided on an "AS IS" and "AS AVAILABLE" basis.To the fullest extent permitted by law, HabitNu disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, and uninterrupted operation.HabitNu does not guarantee any health outcome, weight loss outcome, clinical outcome, medication outcome, engagement outcome, behavioral outcome, or financial outcome.13. Limitation of LiabilityTo the fullest extent permitted by law, HabitNu and its officers, directors, employees, contractors, affiliates, licensors, agents, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages arising from or related to the Services.To the fullest extent permitted by law, HabitNu's aggregate liability shall not exceed the total amount paid by or on behalf of the participant for participation in the Services during the twelve (12) months preceding the event giving rise to the claim.Nothing in these Terms limits liability that cannot be excluded under applicable law.14. IndemnificationParticipants agree to indemnify, defend, and hold harmless HabitNu and its affiliates from claims, damages, liabilities, losses, costs, and expenses arising from the participant's misuse of the Services, violation of these Terms, or violation of applicable law.15. Arbitration and Class Action WaiverExcept where prohibited by law, any dispute arising from or relating to the Services or these Terms shall be resolved through binding individual arbitration.Participants waive the right to participate in class actions, collective actions, representative actions, or class arbitrations.
16. Governing LawThese Terms shall be governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except where applicable law requires otherwise.17. Changes to TermsHabitNu may modify these Terms from time to time. Updated Terms will be posted on the HabitNu website and become effective upon posting unless otherwise stated.Continued use of the Services constitutes acceptance of the updated Terms.18. Contact InformationQuestions regarding these Terms may be directed to:
Prana Diabetes, Inc. d/b/a HabitNu
222 W. Merchandise Mart Plaza,
Suite 228, Chicago, IL 60654
Email: support@habitnu.com
PARTICIPANT ACKNOWLEDGES WHILE JOINING THE HABITNU PROGRAM AND USING THE HABITNU APP:HABITNU DEVICE ACKNOWLEDGMENT AND SAFETY NOTICEThis Device Acknowledgment and Safety Notice ("Acknowledgment") applies to any scale, blood pressure monitor, activity tracker, wearable device, glucose monitoring device, or other equipment ("Device") provided, shipped, connected, or made available for use in connection with the HabitNu program.By accepting this Acknowledgment, I agree as follows:
1. Third-Party Devices
I acknowledge that any Device used with the HabitNu program is manufactured by an independent third-party manufacturer and is not manufactured by HabitNu.
I understand that HabitNu does not design, manufacture, test, inspect, repair, maintain, modify, certify, warrant, or guarantee any Device.
I understand that HabitNu may facilitate access to, ordering of, shipment of, replacement of, setup of, or connection to a Device for participant convenience and program engagement. Such facilitation does not make HabitNu the manufacturer, designer, seller, distributor, reseller, warrantor, repairer, safety certifier, guarantor, or insurer of the Device.
2. Participant Responsibilities
I agree to read and follow all manufacturer instructions, warnings, weight limits, safety guidelines, maintenance requirements, and intended-use instructions before using any Device.
I agree to place any Device only on an appropriate, stable, level, and safe surface.
I agree to visually inspect the Device before each use and discontinue use immediately if the Device appears cracked, broken, damaged, unstable, wet, malfunctioning, improperly assembled, or otherwise unsafe.
3. Assumption of Risk
I understand that use of any Device involves inherent risks, including but not limited to:
  • Device malfunction
  • Inaccurate measurements
  • Connectivity failures
  • Software errors
  • Breakage
  • Bodily injury
  • Illness
  • Death
  • Property damage
  • Other unforeseen events
I voluntarily assume all risks associated with the use or misuse of any Device.
4. Use by Other Individuals
I understand that HabitNu cannot control or supervise use of a Device by family members, household members, caregivers, guests, or other third parties.
I agree to use reasonable efforts to ensure that any person using a Device does so in accordance with the manufacturer's instructions, warnings, and safety guidelines.
5. Device Defects and Safety Concerns
I understand that any warranty claim, recall issue, product defect claim, safety concern, malfunction, breakage, or injury relating to a Device should be reported to the manufacturer.
I also agree to notify HabitNu so that HabitNu may document the incident and assist with appropriate routing and follow-up.
6. Preservation of Evidence
In the event of a Device malfunction, breakage, injury, safety concern, or other incident, I agree to preserve the Device, packaging, accessories, photographs, and related documentation.
I agree not to intentionally alter, repair, discard, destroy, or modify the Device until the matter has been reasonably reviewed by the manufacturer or other appropriate parties.
7. Limitation of Responsibility
To the fullest extent permitted by law, I understand and acknowledge that HabitNu is not responsible for injuries, damages, losses, product defects, malfunctions, breakage, inaccurate measurements, recall issues, or other harms arising from or related to the use or misuse of any third-party Device.
8. Acknowledgment
By accepting this Acknowledgment, I confirm that:
  • I have read and understand this Device Acknowledgment and Safety Notice.
  • I understand the risks associated with use of third-party Devices.
  • I understand that Devices are manufactured and warranted by independent third-party manufacturers.
  • I voluntarily agree to the terms described above.