Terms of Use

Eligibility and accounts

Better Moose accounts are only for adults age 18 and older. You must provide information that is accurate to the best of your knowledge, keep your account credentials reasonably secure, and use only accounts and data you are authorized to access. You are responsible for activity under your account.

Consumer wellness service

Better Moose is a consumer wellness, fitness, food, nutrition, recovery, progress, and planning service. It organizes information you provide or authorize and uses that information to produce personalized wellness guidance. Better Moose is not a medical provider, is not an emergency service, and does not provide medical diagnosis or treatment.

Paid access, billing, and cancellation

Some or all of Better Moose may require a paid subscription or other paid access. The price, billing period, and any trial terms are shown to you before you buy. If you buy through the Apple App Store or Google Play, that store processes the payment and its terms govern billing, renewal, cancellation, and refunds; manage or cancel the subscription in your store account settings. If you buy directly from Better Moose, payment is processed by our payment provider, and you can cancel at any time from your account or by contacting support@bettermoose.com. Unless the offer says otherwise, subscriptions renew automatically until cancelled, and cancellation takes effect at the end of the current paid period. Except where required by law or stated at purchase, fees already paid are non-refundable, but you may contact us and we will review refund requests in good faith. We may change prices for future billing periods with advance notice. Paid access does not grant household membership, professional-sharing access, or permission to another person's private health data.

Early-stage service

Better Moose is a new and actively developed product. Features, interfaces, supported integrations, and availability may change, and some features may be labeled beta or experimental.

Information and recommendation limits

Better Moose outputs depend on the information available to the service, including information you enter, connected or imported data, photo-based estimates, and third-party food or reference data. Information may be missing, inaccurate, outdated, estimated, or uncertain. Estimates, scores, targets, and recommendations are not guarantees of a result, suitability, safety, or accuracy for every person or circumstance.

Health, exercise, and food safety

Use reasonable judgment and do not follow a Better Moose recommendation that conflicts with a known restriction, a safety warning, or guidance from a qualified health professional who knows your circumstances. Talk to a qualified health professional before starting a new exercise or nutrition program, especially if you have a medical condition, injury, food allergy, or are pregnant. Exercise, food preparation, food consumption, and other wellness activities involve risk. The separate Health, Exercise & Food Risk Acknowledgment, Allergy & Ingredient Uncertainty Acknowledgment, and Wellness & Non-Medical Disclaimer describe important limits in more detail. Accepting these Terms does not disable product safety gates or turn unknown information into known-safe information.

No emergency use

Do not rely on Better Moose for emergency response. If you believe you may have a medical emergency, call 911 or your local emergency number. Stop an activity and seek appropriate care when symptoms or circumstances warrant it.

Acceptable use

You may not use Better Moose unlawfully, interfere with or disrupt the service, attempt unauthorized access to another account or protected data, evade access controls or security checks, introduce malicious code, scrape or copy the service or its content at scale, resell access, or use automation in a way that materially degrades or abuses the service.

Your information and content

You keep ownership of the personal health, food, training, wellness, and other content you submit. You are responsible for having the right to submit it. You give Better Moose permission to host, store, process, and display that content as reasonably necessary to operate and provide the features you use, subject to the Privacy Policy and your sharing settings. When you import a recipe or other material from another website or social post, you are responsible for using it only for your own personal, non-commercial use.

Third-party information and services

Better Moose relies on third-party services, data sources, links, and integrations (for example Apple Health, Health Connect, app stores, and food databases). Their information can be incomplete or change over time, and their own terms apply to your direct use of them. We do not represent that third-party nutrition, ingredient, exercise, product, or other reference information is complete or error-free.

Service changes and availability

We may add, change, or remove features. We may suspend or limit access when reasonably necessary for security, maintenance, abuse prevention, legal obligations, or protection of users and the service. We do not promise uninterrupted or error-free availability.

Intellectual property

Better Moose and its licensors own the service, software, product design, and Better Moose-created content. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to use Better Moose for your own personal, non-commercial purposes. No other license is granted by implication.

Ending use and account termination

You may stop using Better Moose at any time, and you may ask us to delete your account by following the steps in the Privacy Policy. We may suspend or terminate your access for material or repeated violation of these Terms, unauthorized access, security risk, non-payment, or legal necessity. What happens to your data when your account ends is described in the Privacy Policy.

Disclaimer of warranties

To the fullest extent permitted by applicable law, Better Moose is provided on an "as is" and "as available" basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or secure, or that any recommendation, estimate, score, or output will be accurate, complete, or suitable for you. Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

Limitation of liability

To the fullest extent permitted by applicable law, Vision of Hope Media LLC and its owners, operators, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, business interruption, or personal injury arising out of or related to your use of the service, even if advised of the possibility of such damages. Our total cumulative liability for direct damages arising out of or related to the service will not exceed the greater of (a) the fees you paid to Better Moose for the service in the twelve months before the event giving rise to the claim or (b) one hundred U.S. dollars (USD $100). Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, gross negligence, or intentional misconduct where applicable law does not permit limitation.

Indemnification

You agree to defend, indemnify, and hold harmless Vision of Hope Media LLC and its owners, operators, affiliates, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your misuse of the service, your violation of these Terms, your violation of applicable law, your content, or unauthorized use of your account that results from your failure to keep your credentials secure, except to the extent caused by our own unlawful conduct or gross negligence.

Assumption of risk and separate acknowledgments

You voluntarily choose to use Better Moose's exercise, food, nutrition, and wellness features understanding that such activities involve inherent and ordinary risks, including strain, falls, cardiovascular events, allergic reactions, mislabeling, cross-contact, contamination, and aggravation of existing conditions. Your use of Better Moose is also subject to the separate Health, Exercise & Food Risk Acknowledgment and Allergy & Ingredient Uncertainty Acknowledgment. Those acknowledgments and these Terms do not waive rights that cannot lawfully be waived.

App store terms

If you downloaded Better Moose from the Apple App Store or Google Play, these Terms are between you and Vision of Hope Media LLC, not Apple or Google. Apple and Google are not responsible for Better Moose, its content, maintenance, support, warranties, or any claims relating to it, and your use must also comply with the applicable store's usage rules. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to the iOS app.

Governing law

These Terms, and any dispute between you and Better Moose, are governed by the laws of the State of Wisconsin, without regard to conflict-of-law rules that would apply another state's laws, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below. For any dispute that is not subject to arbitration (including if you opt out), you and Better Moose agree to the exclusive jurisdiction of the state and federal courts located in Wisconsin, except that either party may bring an eligible claim in small claims court where you live.

Dispute resolution: binding arbitration and class action waiver

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

1. Informal resolution first. Most concerns can be resolved quickly by contacting us at support@bettermoose.com. Before starting arbitration or a small claims case, the party raising a dispute must send the other a written Notice of Dispute that includes the sender's name, the email address associated with the account (if any), a description of the dispute, and the specific relief requested. Better Moose will send notices to the email address on your account; you must send notices to support@bettermoose.com. For 60 days after the notice is received, both parties will try in good faith to resolve the dispute informally, and on request either party will make itself available for a phone or video call. The dispute may proceed only after this period ends without resolution. Statutes of limitation and filing-fee deadlines are paused while the parties follow this process.

2. Agreement to arbitrate. You and Vision of Hope Media LLC agree that any dispute, claim, or controversy between you and Better Moose arising out of or relating to these Terms, the Better Moose service, your account, any purchase, or any communications or advertising, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether it arose before or after you agreed to these Terms (a "Dispute"), will be resolved exclusively by final and binding individual arbitration, except as stated in paragraph 3. This agreement is made under a transaction in interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs it. To the extent the Federal Arbitration Act is found not to apply, the Wisconsin Arbitration Act (Wis. Stat. ch. 788) governs.

3. Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and stays there on an individual basis; (b) seek an injunction or other equitable relief in court to stop actual or threatened infringement, misappropriation, or violation of intellectual property rights, or unauthorized access to or abuse of the service; and (c) bring any claim that applicable law does not permit to be arbitrated, in court. Nothing in this section prevents you from bringing an issue to the attention of a federal, state, or local government agency.

4. Rules and administrator. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules) in effect when the arbitration is filed, as modified by this section, and consistent with the AAA Consumer Due Process Protocol. The rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or refuses to administer the arbitration, the parties will agree on a substitute administrator, or a court will appoint one under 9 U.S.C. § 5. If this section conflicts with the AAA rules, this section controls unless the conflict would make it unenforceable.

5. The arbitrator and the hearing. A single neutral arbitrator will decide the Dispute and must follow these Terms and apply the substantive law of Wisconsin (and applicable federal law) as a court would, including statutes of limitation and applicable privileges. The arbitrator may award on an individual basis any relief that would be available in court, including damages, declaratory relief, injunctive relief, and attorneys' fees and costs where a statute or these Terms allow. If your claim is for $25,000 or less, it will be decided on the written submissions unless you request a hearing or the arbitrator decides one is needed. Any hearing will take place by video or phone, or, if either party requests an in-person hearing, in the county where you live or another place both parties agree to. The arbitrator will issue a written decision explaining the essential findings and conclusions. Judgment on the award may be entered in any court with jurisdiction.

6. Costs. Your share of filing, administrative, and arbitrator fees will not exceed the consumer filing fee required by the AAA Consumer Arbitration Rules, and Better Moose will pay the rest. If the arbitrator finds that your claim or the relief sought was frivolous or brought for an improper purpose under the standards of Federal Rule of Civil Procedure 11, fees will be allocated as the AAA rules provide. Each party pays its own attorneys' fees and costs unless the arbitrator awards them under applicable law. Better Moose will not seek its attorneys' fees from you in arbitration unless the arbitrator finds your claim frivolous.

7. Who decides arbitrability. The arbitrator has exclusive authority to decide all issues about the interpretation, applicability, enforceability, and formation of this arbitration agreement, including whether a Dispute is arbitrable, except that a court (not the arbitrator) will decide (a) whether the class action and representative waiver in paragraph 8 is enforceable and what happens if it is not; (b) whether paragraph 9 (mass filings) applies and is enforceable; and (c) any dispute about whether you validly opted out under paragraph 10.

8. Class action, representative, and jury trial waiver. YOU AND BETTER MOOSE EACH AGREE THAT A DISPUTE MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class, collective, or representative proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent needed to provide relief on that party's individual claim. YOU AND BETTER MOOSE EACH WAIVE THE RIGHT TO A JURY TRIAL for any Dispute that is arbitrated or that, for any reason, proceeds in court. If a court finally decides (after all appeals) that this waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request for relief, and only that one, will be severed and decided by a court in Wisconsin after the arbitration of all other claims is finished, and it will be stayed until then. This paragraph does not prevent you from participating in a class-wide settlement of claims.

9. Mass filings. If 25 or more demands for arbitration raising substantially similar Disputes are filed against Better Moose, or by Better Moose, by or with the help of the same or coordinated counsel or organization, the AAA Mass Arbitration Supplementary Rules will apply, and the parties agree that the demands will be administered in batches of up to 50 demands (with the last batch taking any remainder), with one arbitrator per batch and one set of filing and administrative fees per batch as the rules allow. The parties will cooperate in good faith to implement this batching, including on fees. A court may resolve any disagreement about this paragraph. Statutes of limitation are tolled for demands waiting to be batched. If this paragraph is found unenforceable, the rest of this section still applies to each individual demand.

10. Your right to opt out. You may opt out of this arbitration agreement by sending an email to support@bettermoose.com from the email address associated with your account within 30 days after you first accept these Terms (or, for an existing account, within 30 days after you first accept this version). Use the subject line "Arbitration Opt-Out" and include your name and a clear statement that you opt out of arbitration. Opting out affects only this arbitration agreement and not any other part of these Terms, and it does not affect any other arbitration agreement you have with us. If you opt out, the governing law and court provisions above apply.

11. Changes to this section. If Better Moose makes a material change to this arbitration agreement, the change will not apply to any Dispute that was already the subject of a Notice of Dispute or a filed claim before the change. You may reject a material change by emailing support@bettermoose.com within 30 days after the change takes effect, in which case the most recent version of this section you accepted continues to apply.

12. Severability and survival. Except as stated in paragraphs 8 and 9, if any part of this arbitration agreement is found unenforceable, that part will be severed and the rest will remain in effect. If the entire arbitration agreement is found unenforceable, or does not apply to a Dispute, the Dispute will be decided only by a state or federal court located in Wisconsin. This arbitration agreement survives the termination of these Terms and of your account.

Survival and severability

Sections that by their nature should survive termination of these Terms will survive, including intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver.

Changes to these Terms

We may update these Terms. Each update is published as a new version with its own effective date, and earlier versions remain available on the legal page. If a change is material, we will ask you to review and accept the new version in the app before you continue using Better Moose. Your acceptance of each version is recorded against that exact version.

Privacy and optional consent are separate

The Privacy Policy explains how we handle personal information. Accepting these Terms does not by itself grant optional analytics, marketing, or preference consent, and it does not grant another person, household member, professional, partner, or advertiser access to your health or wellness data.

Contact

Questions about these Terms: support@bettermoose.com.