MYOMELT LLC

AGREEMENT, INCLUDING TERMS OF SERVICE

Effective Date: June 23, 2026

Last Updated: June 23, 2026

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE (“TERMS,” AND TOGETHER WITH OUR PRIVACY POLICY, THE “AGREEMENT”) CAREFULLY BEFORE ACCESSING, USING, REGISTERING FOR, OR PURCHASING ANY MYOMELT LLC PRODUCT OR SERVICE OF ANY KIND.

THESE TERMS CONTAIN A MEDICAL DISCLAIMER AND AN ASSUMPTION OF RISK AND RELEASE OF LIABILITY, INCLUDING A RELEASE OF ORDINARY NEGLIGENCE (SEE SECTIONS 4 AND 5).
THEY DISCLAIM WARRANTIES AND LIMIT MYOMELT’S LIABILITY (SEE SECTIONS 14 AND 15).
THEY REQUIRE INDIVIDUAL, BINDING ARBITRATION AND CONTAIN A CLASS-ACTION WAIVER (SEE SECTIONS 18 AND 19). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SEE SECTION 18.10).

THIS IS A BINDING AGREEMENT. BY CLICKING “SUBSCRIBE,” “I AGREE,” “REGISTER,” OR “PURCHASE,” OR ANY SIMILAR BUTTON, OR BY OTHERWISE ACCESSING OR USING ANY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

Navigating this Agreement:

Section 1 — OVERVIEW AND DEFINITIONS

Section 2 — ELIGIBILITY AND ACCEPTANCE

Section 3 — DESCRIPTION OF SERVICES

Section 4 — MEDICAL DISCLAIMER; EXERCISE-ONLY SERVICE

Section 5 — ASSUMPTION OF RISK AND RELEASE OF LIABILITY

Section 6 — PAYMENT; SUBSCRIPTIONS AND ONE-TIME PURCHASES

Section 7 — PRICE CHANGES, RENEWAL NOTICES, AND CANCELLATION

Section 8 — REFUND POLICY

Section 9 — COACHING SESSIONS

Section 10 — COMMUNITY; USER CONTENT; LICENSES AND MARKETING USE

Section 11 — ACCEPTABLE USE AND PROHIBITED CONDUCT

Section 12 — ELECTRONIC COMMUNICATIONS

Section 13 — INTELLECTUAL PROPERTY

Section 14 — DISCLAIMER OF WARRANTIES

Section 15 — LIMITATION OF LIABILITY

Section 16 — INDEMNIFICATION

Section 17 — THIRD-PARTY PLATFORMS AND SERVICE PROVIDERS

Section 18 — DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION

Section 19 — CLASS-ACTION WAIVER (Independent of Arbitration)

Section 20 — LIMITATION OF CLAIMS (Independent of Arbitration)

Section 21 — GOVERNING LAW AND VENUE

Section 22 — INTERNATIONAL USE

Section 23 — PRIVACY POLICY AND PERSONAL INFORMATION

Section 24 — ACCOUNT REGISTRATION AND SECURITY

Section 25 — ELECTRONIC SIGNATURE

Section 26 — ADDITIONAL REPRESENTATIONS AND WARRANTIES

Section 27 — MODIFICATIONS TO SERVICES AND TERMS; EXISTING MEMBERS

Section 28 — TERMINATION

Section 29 — NO WAIVER

Section 30 — FORCE MAJEURE

Section 31 — ASSIGNMENT; DERIVATIVE CLAIMANTS

Section 32 — SEVERABILITY

Section 33 — ENTIRE AGREEMENT; ORDER OF PRECEDENCE

Section 34 — NOTICES AND CONTACT

SECTION 1 — OVERVIEW AND DEFINITIONS

This website and mobile application are operated by Myomelt LLC. Capitalized terms used in this Agreement have the meanings given in Section 1.1.

All Services are subject to this Agreement regardless of how they are accessed, how they are priced, or what form they take. By visiting Our website or using any Service, You agree to be bound by this Agreement, including Our Privacy Policy, which is incorporated by reference. Myomelt LLC may update this Agreement as provided in Section 27. If there is a conflict, the order of precedence in Section 33 controls.

1.1 Key Definitions

Myomelt LLC, also referred to as the Company and as We, Us, Our, or Myomelt, means Myomelt LLC, the New York limited liability company that operates the Services and is the sole contracting party under this Agreement. All powers, rights, and obligations under this Agreement are exercised and owed by Myomelt LLC.

Protected Parties means Myomelt LLC together with its owners, members, managers, officers, directors, employees, coaches, independent contractors, agents, licensors, affiliates, sponsors, successors, and permitted assigns. The Protected Parties are intended third-party beneficiaries entitled to enforce the releases, assumption of risk, disclaimers, limitations of liability, indemnities, intellectual-property protections, and dispute-resolution provisions of this Agreement. Except where expressly stated, the Protected Parties benefit from those protections only and are not parties to this Agreement.

Agreement means these Terms of Service together with Our Privacy Policy, which is incorporated by reference, and forms a single binding agreement between You and Myomelt LLC.

Services means the products, programs, subscriptions, coaching, Content, Communities, websites, applications, and events offered or authorized by Myomelt LLC, whether free or paid, recurring or one-time, and through any channel. A product or service offered by a person other than Myomelt LLC is not a Service unless Myomelt LLC authorizes it as such.

Subscription Membership means a recurring paid membership that provides ongoing access to digital Content, live and recorded Coaching Sessions, a Community, and the Myomelt mobile application, offered in tiers and billed automatically at the frequency selected at enrollment.

Program means any standalone challenge, multi-day program, webinar, seminar, or other educational or promotional experience offered by Myomelt, whether free or for a one-time fee, that is not a Subscription Membership unless expressly stated.

Content means all materials delivered through any Service — including video programs, exercise guides, written materials, audio content, and graphics — whether made available by Myomelt or by users. Content consists of two mutually exclusive subsets: Myomelt Content and User Content.

Myomelt Content means Content owned by or licensed to Myomelt LLC, including its proprietary exercise programs, guides, videos, brand elements, and the look and feel of the Services.

User Content means any content You post, submit, share, or communicate within any Community or submit to Myomelt through any Service, including posts, comments, photos, videos, testimonials, and progress updates. For purposes of this Agreement, User Content also includes Your name, image, likeness, and voice.

Community means any member or participant community hosted on Myomelt’s platform or any third-party platform.

Coaching Session means any live or recorded session facilitated by a Myomelt coach, whether in a group format or one-on-one, as part of a Subscription Membership or Program.

You or Your means the individual who accepts this Agreement or who accesses or uses any Service after receiving legally sufficient notice of this Agreement.

SECTION 2 — ELIGIBILITY AND ACCEPTANCE

The Services are for adults only. By accessing or using any Service, or by registering for any Program or event, You represent and warrant that: (a) You are at least 18 years of age, or the age of majority in Your jurisdiction, whichever is greater; (b) You have the legal capacity to enter into a binding contract; (c) You are not barred from receiving the Services under applicable law; and (d) all information You provide is accurate, current, and complete.

You accept this Agreement when You click “Subscribe,” “I Agree,” “Register,” “Purchase,” or a similar button, or otherwise complete a registration or purchase, as described in Section 25. Myomelt LLC relies on Your representations and is not obligated to verify them. Myomelt LLC may refuse, suspend, or terminate service to any person at any time and for any lawful reason. The Services are not directed to anyone under 18, and Myomelt LLC does not knowingly collect information from anyone under 18; if Myomelt LLC learns that a user is under 18, it will terminate that registration.

SECTION 3 — DESCRIPTION OF SERVICES

Myomelt offers exercise and fitness programs and experiences. The Services consist primarily of (a) a library of pre-recorded exercise videos and Programs that You follow on Your own; (b) live and recorded movement coaching, in groups or one-on-one, in the manner of a fitness trainer; and (c) from time to time, a coach may discuss Your goals and suggest which standardized Program to begin, as described in Section 4.2. The Services also include Subscription Memberships, standalone Programs, Communities, and other Content and offerings made available from time to time.

All Services — regardless of type, price, duration, or access method — are subject to this Agreement in its entirety, including the Medical Disclaimer (Section 4), the Assumption of Risk and Release (Section 5), and all other provisions. THE SERVICES ARE EXERCISE-BASED ONLY. MYOMELT IS NOT A HEALTHCARE PROVIDER. Please review Section 4.

SECTION 4 — MEDICAL DISCLAIMER; EXERCISE-ONLY SERVICE

4.1 Exercise-Only Service; No Medical Advice or Healthcare Services

THE SERVICES ARE EXERCISE AND FITNESS SERVICES ONLY. MYOMELT IS NOT A HEALTHCARE PROVIDER AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, PHYSICAL THERAPY, CHIROPRACTIC CARE, OCCUPATIONAL THERAPY, NURSING, MENTAL-HEALTH OR COUNSELING SERVICES, OR ANY OTHER LICENSED HEALTHCARE SERVICE OF ANY KIND.

All Services, Content, and coaching provided by Myomelt are for general informational and exercise purposes only. They do not constitute, and must not be used, interpreted, or relied upon as, medical advice, diagnosis, treatment, or a substitute for the advice of a qualified healthcare provider familiar with Your individual medical history. Nothing made available through any Service creates a doctor-patient, physical-therapist-patient, chiropractor-patient, occupational-therapist-patient, nurse or nurse-practitioner-patient, mental-health-provider-patient, or any other licensed healthcare relationship between You and Myomelt or any of its coaches, employees, or contractors.

The Services do not include, and Myomelt does not provide, diagnosis, testing, prescribing, treatment, rehabilitation, medical clearance, prognosis, the interpretation of medical or imaging records, or the practice of medicine, physical therapy, or any other licensed discipline. The Services are not intended to be used for the diagnosis or treatment of any medical condition. In a medical emergency, call emergency services immediately.

4.2 How the Services Are Delivered; Program Selection

The Services consist primarily of (a) a library of pre-recorded exercise videos and Programs that You access and perform on Your own initiative; and (b) live or recorded movement coaching, in groups or one-on-one, in which a coach offers general exercise guidance, motivation, accountability, and form or technique suggestions, in the manner of a fitness trainer.

From time to time a coach may also discuss Your general goals and preferences with You and may suggest which standardized Myomelt Program You might begin with, or may suggest that You defer participation. You acknowledge and agree that:

any such discussion and suggestion is general exercise guidance and program navigation only, based on the goals and preferences You choose to share, and is NOT an examination, evaluation, assessment, screening, diagnosis, prognosis, treatment recommendation, professional opinion, or medical clearance, and creates no provider-patient or professional-client relationship;
Myomelt has no obligation to, and does not, investigate, verify, interpret, evaluate, monitor, or update any information You provide;
suggesting a Program, permitting You to access a Service, or not directing You to a healthcare provider is NOT a representation or determination that participation is safe, advisable, or medically appropriate for You;
Myomelt may decline, defer, limit, or condition Your participation in any Service at any time it considers prudent, without assuming any duty to identify any condition, contraindication, or risk; and
You are solely responsible for determining whether any Service is appropriate for You and for consulting Your own healthcare provider.

4.3 Coaches and Team Credentials

Myomelt’s coaches, employees, and contractors provide the Services solely in their capacity as exercise coaches and content creators. Some members of Myomelt’s team may hold professional credentials or licenses; however, no licensed professional services of any kind are rendered through the Services, and the Services do not depend on or derive from any professional license. The existence of any credential among Myomelt’s team does not alter the exercise-only nature of the Services and does not create any provider-patient or professional-client relationship between You and any Myomelt coach, employee, contractor, guest, or contributor, whether in a group or individual format.

4.4 Consult Your Healthcare Provider

Exercise carries inherent risks, and what is appropriate varies from person to person. Before beginning or continuing any Service or Program, You should consult Your physician or other licensed healthcare provider — and You should do so in particular if any of the following applies to You:

You are currently under active treatment for any musculoskeletal, neurological, or cardiovascular condition;
You have undergone surgery in the past 12 months, particularly involving the spine, joints, or musculoskeletal system;
You are pregnant or nursing;
You have a cardiovascular condition, including heart disease, high blood pressure, arrhythmia, or any condition affecting Your heart or circulatory system;
You have a respiratory condition that may be affected by physical exertion;
You have a metabolic or systemic condition, including but not limited to diabetes, obesity, or an autoimmune disorder;
You have experienced any recent injury, pain, or physical limitation; or
You have any other medical condition, physical limitation, or health circumstance that may be affected by physical exercise.

This list is not exhaustive. If You have any doubt about whether participation is appropriate for Your circumstances, consult a qualified healthcare professional before proceeding. Never disregard or delay seeking professional medical advice because of anything made available through any Service.

4.5 No Guarantee of Results

Myomelt makes no guarantee of any specific outcome, pain reduction, improvement in function, or return to prior activity from use of any Service. Many people with chronic and acute spine-related and extremity disorders, joint stiffness, musculoskeletal conditions, and other physical complaints have benefited from consistent exercise; however, individual results vary significantly and no specific outcome can be promised or implied. While uncommon, some people may experience a short-term increase in pain or other symptoms, or muscle and ligament strains or sprains, from physical exercise, and there are uncommon and rare serious risks, including strains, sprains, fractures, disc injuries, dislocations, nerve injuries, and strokes. You acknowledge that an accurate assessment of Your individual risk is not possible without a thorough examination by a licensed healthcare professional.

SECTION 5 — ASSUMPTION OF RISK AND RELEASE OF LIABILITY

5.1 Assumption of Inherent Risk

You understand that physical exercise involves inherent and significant risks, and that Your access to, use of, and participation in any Service or Content — including pre-recorded videos, Programs, Coaching Sessions, movement coaching, social-media content, and Community interactions — may involve physically demanding activity that can result in personal or bodily injury, aggravation of a pre-existing condition, illness, disability, death, emotional distress, loss of consortium or services, or damage to or loss of property.

You acknowledge that You perform the Services on Your own initiative, unsupervised, in Your own space, and using Your own equipment; that You are solely responsible for performing exercises correctly, for stopping if You experience pain or discomfort, for maintaining Your own balance and safety, for using suitable equipment and surroundings, and for following Your healthcare provider’s advice; and that Myomelt does not observe, supervise, or control Your performance of any exercise.

By accessing or participating in any Service, You knowingly and voluntarily ASSUME ALL RISKS associated with Your participation, whether those risks arise from conditions existing now or arising at any time in the future during Your participation, and whether known or unknown. This assumption of inherent risk is independent of, and in addition to, the release in Section 5.2.

5.2 Release of Liability

For purposes of this Section: Released Parties means Myomelt LLC and the other Protected Parties as defined in Section 1.1; and Released Claims means any and all claims, demands, causes of action, suits, losses, costs, expenses, damages, and liabilities of any kind, whether known or unknown, arising out of or relating in any way to any Service, Content, Program, Coaching Session, or Your participation, including any claim for or relating to: personal or bodily injury, illness, aggravation of a condition, disability, or death; property damage; loss of consortium, services, or society; any derivative or wrongful-death claim; improper performance of any exercise; failure to stop exercising; the condition of Your equipment or surroundings; strains, sprains, fractures, disc or joint injuries, nerve injuries, cardiovascular or cerebrovascular events, or other exercise-related injury; the acts or omissions of any coach; any Program suggestion, navigation, or recommendation; reliance on any Content or coaching; participation in any group or individual Coaching Session; and any inaccurate or incomplete information You provided.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL RELEASED CLAIMS, INCLUDING RELEASED CLAIMS ARISING FROM OR CAUSED BY THE RELEASED PARTIES’ OWN ORDINARY NEGLIGENCE.

This release binds You and Your heirs, spouse, executors, administrators, personal representatives, estate, beneficiaries, successors, and assigns, and any person or party claiming on Your behalf or through You, including by way of any derivative, loss-of-consortium, or wrongful-death claim.

This release applies to Released Claims whether they arise before or after the date You first accept this Agreement. This retroactive release does not apply to any claim You have already asserted against Myomelt LLC in writing before the date You accept this Agreement. To the fullest extent permitted by law, You expressly waive California Civil Code Section 1542 and any similar statute or common-law rule of any jurisdiction, which provides in substance that a general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of executing the release.

5.3 Exceptions; Savings

This release does not apply to liability for fraud, gross negligence, recklessness, or willful misconduct, or to any other liability that cannot lawfully be released or limited, including under New York General Obligations Law Section 5-326. If and to the extent any release of liability in this Section is found unenforceable in any respect, (a) it shall be enforced to the maximum extent permitted by law, and (b) the assumption of inherent risk in Section 5.1 shall nevertheless remain in full force and effect.

SECTION 6 — PAYMENT; SUBSCRIPTIONS AND ONE-TIME PURCHASES

6.1 General Payment Terms

Payment is required before access to any paid Service is granted. You must provide current, complete, and accurate billing information and keep it up to date. All prices are in U.S. Dollars unless stated otherwise. Myomelt LLC uses one or more third-party payment processors; Your payment information is submitted to and processed by them under their own terms and privacy policies, Myomelt LLC does not store Your full card information, and Myomelt LLC may change processors at any time. You authorize Myomelt LLC and its payment processors to charge Your payment method for all amounts due.

Before initiating a chargeback or payment dispute, You agree to contact Myomelt LLC first at [email protected] so that We can try to resolve the matter. Nothing in this Section limits any right You may have under applicable law or Your card network’s rules. If You initiate a chargeback or payment dispute that is knowingly false, fraudulent, or made in bad faith, You are responsible for the reasonable costs Myomelt LLC incurs in responding to it, to the maximum extent permitted by law.

6.2 Subscription Memberships — Automatic Renewal and Negative-Option Billing

When You enroll in a Subscription Membership, You expressly authorize Myomelt LLC to charge Your payment method on an automatically recurring basis, at the price and billing frequency disclosed to You at enrollment, and You agree that Your Subscription Membership will continue and renew automatically until You cancel it under Section 7. This is a negative-option feature: You will continue to be charged at the applicable interval unless and until You cancel. Before You enroll, Myomelt LLC will disclose the recurring price, the billing frequency, how to cancel, when cancellation takes effect, and other material terms clearly and conspicuously at checkout, and will send the renewal and price-change notices required by applicable law.

6.3 One-Time Purchases — Programs

Certain Services, including standalone Programs, may be purchased for a one-time fee, charged in full at the time of purchase. A one-time purchase grants access to that Service for the period specified at purchase and does not create any recurring-billing obligation or a Subscription Membership.

6.4 Failed Payments

If Myomelt LLC is unable to process a scheduled Subscription Membership payment, it may retry the charge and may suspend or terminate access pending receipt of a valid payment. Suspension or termination for non-payment does not waive Myomelt LLC’s right to collect amounts that were due and unpaid.

SECTION 7 — PRICE CHANGES, RENEWAL NOTICES, AND CANCELLATION

7.1 Price Changes

Myomelt LLC may change Subscription Membership prices. Myomelt LLC will give You clear and conspicuous advance notice of any increase to the price of Your active Subscription Membership, including the new price and its effective date, before the increase takes effect. If You do not want to continue at the new price, You may cancel under Section 7.2 before it takes effect; if You do not cancel, Your continued subscription after the effective date constitutes acceptance of the new price. If applicable law requires additional consent to a price increase, a post-charge cancellation period, or a prorated refund, Myomelt LLC will provide that consent mechanism, cancellation right, or prorated refund to the extent required by that law. Prices for one-time purchases and Programs may change at any time before purchase.

7.2 Cancellation

You may cancel Your Subscription Membership at any time, through Your account settings or by contacting [email protected], using a method at least as simple as the one You used to enroll. Cancellation takes effect at the end of Your current paid billing period, and You keep access through that date. Myomelt LLC will send You a confirmation of cancellation and will treat an emailed cancellation as effective when received. Except as provided in Section 8.1 or as required by applicable law, You are not entitled to a refund or proration for any unused portion of a paid period. If a renewal charge has already been made before You cancel, cancellation takes effect at the end of that renewed billing period, and You are not entitled to a refund of the renewal charge, except as required by applicable law.

7.3 Annual and Multi-Period Subscriptions

For Subscription Memberships billed annually or over another multi-period term, cancellation takes effect at the end of the current billing period, and no refund is provided for the unused remainder of that period except as provided in Section 8.1 or as required by applicable law.

7.4 Renewal Notices

Myomelt LLC will send renewal reminders and other notices before automatic renewals to the extent, and within the time windows, required by applicable law, disclosing the renewal date, the recurring price, and how to cancel.

7.5 Price-Lock and Grandfathered Pricing

Myomelt LLC may, in its discretion, offer a locked or “grandfathered” price for a specific plan, offer, or group of members (for example, a founding-member rate). Where Myomelt LLC expressly offers a locked price, that price will apply to Your Subscription Membership for as long as You maintain a continuous, uninterrupted, active paid membership, notwithstanding any general price increase under Section 7.1. A locked price applies only to the specific plan and features covered by the offer and does not apply to add-ons, upgrades, or new plans or features. It ends if Your membership lapses, is cancelled, or is not renewed, after which then-current pricing applies to any new subscription. Myomelt LLC may still adjust a locked price to the extent required by applicable law or by a change in applicable taxes or third-party payment fees. The specific terms of any locked-price offer presented to You at the time of purchase govern and control over any conflicting provision of this Section.

SECTION 8 — REFUND POLICY

8.1 Conditional 30-Day Participation and Progress Guarantee

Myomelt LLC offers a Conditional 30-Day Participation and Progress Guarantee (“Guarantee”) to first-time subscribers to a Subscription Membership, for the first subscription period only. The Guarantee is conditional and applies only if You satisfy all of the participation requirements below. If You satisfy them and do not feel You have made progress within 30 days of Your enrollment date, You may request a refund of Your first-period membership fee. The requirements are:

follow the Myomelt program during the 30-day period;
maintain a progress record — using the Myomelt-designated log or form, or another record that Myomelt agrees to accept — documenting the time You spent on the program and Your activities;
attend, or watch the replay of, each Coaching Session that is included in Your plan, scheduled during the 30-day period, and made available to You;
post an update in the Myomelt Community at least once per week during the 30-day period; and
submit a refund request by email to [email protected] within 30 days of Your enrollment date, including Your completed Myomelt-designated progress record.

Refund requests that meet all requirements will be reviewed and, if approved, processed within 10 business days to the original payment method. Myomelt LLC may verify compliance, and its determination of compliance is final except for manifest error or where applicable law requires otherwise. The Guarantee is available to first-time subscribers only, does not apply to renewals or gifted subscriptions, and does not apply where Myomelt LLC excludes it from a specific offer at the time of purchase. The Guarantee and its conditions will be disclosed at the point of sale. The Guarantee applies only if You actually participated in and followed the program as required during the 30-day period; it does not apply if You did not participate in, access, or follow the program, regardless of the reason, except as required by applicable law.

8.2 One-Time Purchases — All Sales Final

Except where Myomelt LLC expressly agrees otherwise or applicable law requires a refund, all fees for one-time purchases — including every Program or other Service purchased for a one-time fee — are non-refundable, regardless of whether You have accessed any Content, attended any session, or used any portion of the Service. By completing a one-time purchase, You acknowledge and agree that all sales are final except as stated in this Section.

8.3 Discretionary Refunds

Myomelt LLC may, in its sole discretion, issue a refund, credit, extension, substitution, account adjustment, or other accommodation in an individual case. Any such accommodation is voluntary, does not create any obligation to provide the same or similar accommodation in the future, does not modify this Agreement, and does not waive Myomelt LLC’s rights or refund policies.

SECTION 9 — COACHING SESSIONS

Certain Services include live or recorded Coaching Sessions facilitated by Myomelt coaches, in a group or one-on-one format. Coaching Sessions provide general exercise guidance, motivation, and accountability. Nothing communicated in any Coaching Session is a professional healthcare recommendation specific to Your condition, and the Medical Disclaimer (Section 4) and Assumption of Risk and Release (Section 5) apply fully to all Coaching Sessions.

Coaching Sessions, Community events, and Q&A calls may be recorded. A notice will be provided when a session is recorded, and by participating with Your camera, microphone, or contributions active, You consent to being recorded and to Myomelt LLC’s use of the recording, including as described in Section 10. Myomelt LLC may modify the schedule, format, frequency, and availability of Coaching Sessions at any time, and is not liable for any cancellation or rescheduling.

SECTION 10 — COMMUNITY; USER CONTENT; LICENSES AND MARKETING USE

10.1 Community Access and Conduct

Depending on the Services You access, You may have access to one or more Communities hosted on Myomelt LLC’s platform or on a third-party platform. By participating in any Community, You agree to conduct Yourself in a respectful, lawful, and supportive manner and to follow any posted community guidelines. Myomelt LLC may establish, modify, and enforce participation standards, and may remove any participant from any Community, for conduct it determines to be harmful, disruptive, offensive, unlawful, or inconsistent with the purpose of the Community. Myomelt LLC is not responsible for the conduct of other participants.

10.2 Nature of Community Content

Content You post in a Community is visible to the other authorized participants in that Community. You should not treat it as private or confidential, and You should not post anything You are not comfortable sharing with those participants. A Community may be limited to members or participants of a particular Service; Myomelt LLC does not represent that any Community is private, and Myomelt LLC cannot guarantee that other participants will not copy, disclose, screenshot, or misuse content You post, even if such conduct violates this Agreement or any community guidelines.

10.3 License to Operate the Services

By posting or submitting User Content through any Service, You grant Myomelt LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, reproduce, display, reformat, adapt for technical purposes, transmit, distribute within the Services, moderate, and remove that User Content, and to retain it for legal, security, compliance, and evidentiary purposes — in each case as reasonably necessary to operate, provide, secure, improve, and enforce the Services and this Agreement. This license does not authorize use of Your identifiable User Content in external marketing, advertising, or promotion, which is governed by Section 10.4.

10.4 Marketing and Publicity License

Content covered. This Section applies only to the following User Content, whether created before or after You accept this Agreement: (i) content You post in any Community (including a Myomelt-run group on a third-party platform); (ii) content You submit directly to Myomelt LLC by email, text, chat, direct message, form, or survey (excluding the written text of a Q&A or question-submission form itself, which Myomelt LLC will not use in Marketing Materials without Your separate consent; this does not limit Myomelt LLC’s license in clause (iv) to use recordings of Q&A calls, including where a coach reads aloud and answers Your question); (iii) public social-media posts in which You tag Myomelt or otherwise clearly make the content available to Myomelt for reposting, sharing, or promotional use; and (iv) Your statements, image, voice, and appearance captured while You participate, with Your camera, microphone, or contributions active, in any recorded Coaching Session, class, webinar, Community event, or Q&A call.

License. You grant Myomelt LLC and its service providers, advertising vendors, production vendors, hosting providers, licensees, successors, assigns, and other authorized partners acting on Myomelt LLC’s behalf a perpetual, worldwide, royalty-free, fully sublicensable, transferable, and (except as provided below) irrevocable, non-exclusive license to use, host, reproduce, screenshot, record, clip, excerpt, edit, crop, retouch, caption, translate, adapt, combine with other content, create derivative and composite works from, publish, distribute, publicly display and perform, and otherwise exploit that User Content, in whole or in part, and to use Your name, image, likeness, voice, testimonial, statements, and biographical information, for any advertising, marketing, promotional, publicity, social-proof, case-study, sales, investor, partner, editorial, illustrative, or trade purpose, in any and all media and formats now known or later developed, in each case with or without attribution to You, without further notice to You, without compensation, and without any right of inspection or approval.

Consent, release, and recording. For purposes of this Section, “Marketing Materials” means advertisements, promotional assets, case studies, and other works created by or for Myomelt LLC that incorporate Your User Content. YOU CONSENT TO THE USE OF YOUR NAME, IMAGE, LIKENESS, AND VOICE FOR ADVERTISING AND TRADE, AND THAT CONSENT IS IRREVOCABLE AS TO MARKETING MATERIALS ALREADY CREATED, PUBLISHED, DISTRIBUTED, OR COMMITTED FOR USE BEFORE MYOMELT LLC RECEIVES YOUR WITHDRAWAL NOTICE, AND YOU RELEASE THE PROTECTED PARTIES FROM ANY AND ALL CLAIMS ARISING FROM SUCH USE, INCLUDING CLAIMS FOR VIOLATION OF THE RIGHT OF PUBLICITY OR PRIVACY (INCLUDING NEW YORK CIVIL RIGHTS LAW §§ 50–51), DEFAMATION, FALSE LIGHT, MISAPPROPRIATION, OR EMOTIONAL DISTRESS. You acknowledge that editing, cropping, alteration, or combination of Your User Content may change its appearance or context, and You waive any claim arising from such alteration and any moral rights or similar rights You may have in the User Content. Myomelt LLC will not knowingly edit Your User Content to create a materially false statement of fact attributed to You. Your electronic acceptance of this Agreement is Your written consent to these uses for purposes of New York Civil Rights Law §§ 50–51 and the federal E-SIGN Act. By participating with Your camera, microphone, or contributions active in any recorded session, event, or call, You consent to being recorded and to Myomelt LLC’s use of the recording as described in this Section. This consent and release bind You and Your heirs, successors, and assigns.

Withdrawal; no obligation. You may withdraw this license prospectively by written notice to [email protected]. Withdrawal stops Myomelt LLC from creating new Marketing Materials from Your User Content, but does not affect any Marketing Materials already created, published, distributed, or committed for use before Myomelt LLC receives Your notice, and does not require Myomelt LLC to remove or recall Marketing Materials already in use or distribution. Myomelt LLC has no obligation to use any User Content.

Health information and third-party rights. Where User Content You share includes health or fitness information, You consent to Myomelt LLC’s use of that information for the purposes described in this Section. Where such content includes consumer health data protected by Washington, Nevada, or similar laws and those laws require a separate authorization to use it in external Marketing Materials, Myomelt LLC will either obtain that authorization or use the content in de-identified form. You are responsible for ensuring that any User Content You share does not depict or identify any person other than You without that person’s prior consent to the uses described in this Section, and You must not submit any content depicting any person under 18 years of age.

For the avoidance of doubt, nothing in this Section restricts, penalizes, or requires You to give up any right to post an honest review, rating, opinion, or assessment of Myomelt or the Services, and nothing in this Section claims ownership of, requires assignment of, or otherwise applies to any consumer review to the extent the Consumer Review Fairness Act (15 U.S.C. § 45b) or other applicable law would prohibit. To the extent User Content consists of an independent consumer review posted on a third-party review platform, Myomelt LLC may use or share that review only as permitted by applicable law, the platform’s terms, and this Agreement.

10.5 Your Representations About User Content

By submitting User Content, You represent and warrant that: (a) You own or have all rights necessary to grant the licenses in this Section; (b) the User Content does not infringe or violate any third party’s intellectual-property, privacy, publicity, or other rights; (c) the User Content is not false or misleading; and (d) if the User Content includes any identifiable person other than You, You have obtained that person’s prior consent to the uses described in this Section.

10.6 Voluntarily Shared Health Information

If You voluntarily share health or fitness information about Yourself in any Community — including information about medical conditions, symptoms, surgical history, or treatment — You do so at Your own risk and with the understanding that other participants may see it. Myomelt LLC is not responsible for how other participants use that information and will handle information You provide to Myomelt LLC in accordance with Our Privacy Policy.

10.7 Content Moderation

Myomelt LLC has the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time, for any reason, and without notice, and to remove any participant from any Community or Service for conduct that violates this Agreement or that Myomelt LLC determines to be harmful or inappropriate.

SECTION 11 — ACCEPTABLE USE AND PROHIBITED CONDUCT

All aspects of the Services are protected by U.S. and international copyright, trademark, and other intellectual-property laws. By using any Service, You agree not to engage in, facilitate, or encourage any of the following:

Harmful or Unlawful Acts. Any dishonest or unlawful conduct; any violation of applicable law; hacking, digital attacks, or attempts to gain unauthorized access to the Services; scraping, crawling, downloading, or copying Myomelt Content or data from the Services without express written permission; introducing or transmitting viruses or malicious code; or interfering with or disrupting the security, integrity, or operation of the Services.

Unauthorized Use of Content. Reproducing, duplicating, copying, selling, reselling, screen-capturing, recording, or otherwise exploiting any portion of the Services or Myomelt Content without Myomelt’s prior written permission; recording, downloading, or distributing any Coaching Session or Program session; sharing account access; or using the Services to develop or promote a competing product or service.

Offensive or Harmful Communications. Any communication that is unlawful, threatening, harassing, obscene, or discriminatory, or that promotes illegal activity.

Spam and Unsolicited Communications. Sending unsolicited commercial messages, spam, chain letters, or bulk communications to other participants through the Services or any Community.

Sensitive Information. Uploading, posting, or transmitting any Social Security numbers, financial-account or payment-card numbers, passwords, or sensitive personal, health, or financial information of any third party.

Prohibited and Unlawful Content; Reservation of Rights. You agree not to post, publish, or distribute any content that is unlawful, including content that is defamatory or libelous; that consists of false statements of fact made with knowledge of, or reckless disregard for, their falsity; that is harassing, threatening, or obscene; that infringes any third party’s intellectual-property or privacy rights; or that discloses another person’s confidential, private, financial, or health information. Myomelt reserves all rights and remedies available at law and in equity with respect to such content, including the right to remove it, suspend or terminate the responsible account, and pursue any available legal claim, including for defamation.

Myomelt reserves the right to remove any content and to suspend or terminate Your access to any or all Services immediately and without notice for any violation of this Section or any other provision of this Agreement.

SECTION 12 — ELECTRONIC COMMUNICATIONS

12.1 Transactional and Service Communications

By providing Your email address or telephone number and using any Service, You consent to receive non-marketing, transactional and service communications from Myomelt LLC by email, text message, telephone call, or voicemail — including purchase and payment confirmations, account and security notices, renewal and cancellation notices, schedule changes, and Program and Coaching Session logistics such as session reminders. These communications are part of the Services; opting out of them may limit Myomelt LLC’s ability to provide the Services.

12.2 Email Marketing

By registering for any Service, You consent to receive marketing emails from Myomelt LLC. You may opt out of marketing emails at any time using the unsubscribe link in any marketing email or by emailing [email protected]. Transactional and service emails are not marketing and will continue as necessary.

12.3 Marketing Calls and Text Messages

Myomelt LLC will send You marketing or promotional text messages or place marketing calls using automated or prerecorded technology only if You have separately provided Your prior express written consent through an opt-in that is not required as a condition of any purchase. That separate consent, where given, will identify Myomelt LLC, the number, the types and frequency of messages, applicable message-and-data-rate terms, and how to opt out (for example, by replying STOP), and it does not affect the transactional and service communications described in Section 12.1. You may revoke marketing-communication consent at any time by any reasonable means, including replying STOP to a text or emailing [email protected].

12.4 Communication Security

When You contact Myomelt LLC by email or text, those channels may not be secure until Your message reaches Myomelt LLC. By communicating through them, You accept the risk associated with transmitting information over those channels.

SECTION 13 — INTELLECTUAL PROPERTY

All Myomelt Content — including video programs, exercise guides, written materials, audio content, and other programming created by or for Myomelt LLC — is owned by or licensed to Myomelt LLC and is protected by United States and international copyright law. The Myomelt name, logo, and brand identifiers are protected by trademark law. Proprietary methods, systems, and the look and feel of the Services are protected to the extent provided by copyright, trademark, trade-secret, contract, or other applicable law.

Subject to Your compliance with this Agreement, Myomelt LLC grants You a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to access and use Myomelt Content solely for Your personal, non-commercial use during Your applicable access period. You acquire no ownership rights in any Myomelt Content, and no Myomelt Content may be copied, recorded, screen-captured, reproduced, distributed, republished, sold, or shared without Myomelt LLC’s prior written permission.

Copyright complaints (DMCA). If You believe any Myomelt Content infringes Your copyright, send a written notice with the information required by 17 U.S.C. § 512(c) to Myomelt LLC’s designated agent at [email protected] or 266 Rutledge Ave, Hawthorne, NY 10532. This DMCA process is for copyright claims only; for trademark, patent, trade-secret, or other intellectual-property concerns, contact [email protected].

SECTION 14 — DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYOMELT DOES NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY CONTENT IS RELIABLE, ACCURATE, OR COMPLETE, AND DOES NOT GUARANTEE ANY OUTCOME OR RESULT. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 15 — LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE PROTECTED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST OPPORTUNITY, LOST DATA, OR — TO THE EXTENT THEY MAY LAWFULLY BE EXCLUDED — DAMAGES FOR EMOTIONAL DISTRESS OR LOSS OF CONSORTIUM OR SERVICES, ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL SERVICES WITHOUT EXCEPTION.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROTECTED PARTIES’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SERVICE WILL NOT EXCEED THE GREATER OF (A) THREE (3) TIMES THE TOTAL AMOUNT YOU PAID TO MYOMELT LLC IN THE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWO HUNDRED U.S. DOLLARS ($200). THIS LIMITATION APPLIES EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IF THE LIMITATION IN THE PRECEDING PARAGRAPH IS HELD UNENFORCEABLE IN ANY RESPECT, THE PROTECTED PARTIES’ TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO MYOMELT LLC IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND IF THAT LIMITATION IS ALSO HELD UNENFORCEABLE, THE PROTECTED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. EACH LIMITATION IN THIS SECTION IS SEPARATE AND INDEPENDENT AND APPLIES REGARDLESS OF THE THEORY OF LIABILITY, THE NUMBER OF CLAIMS, OR THE NUMBER OF SERVICES PURCHASED.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR FRAUD OR FOR ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY; IN THOSE JURISDICTIONS THE PROTECTED PARTIES’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 16 — INDEMNIFICATION

To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless the Protected Parties from and against any and all claims, demands, suits, actions, arbitrations, proceedings, losses, liabilities, damages, judgments, awards, settlements, liens, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and the costs of enforcing this indemnity) arising out of or relating to any claim, demand, or proceeding brought or threatened by a third party and arising out of or relating to: (a) Your use or misuse of any Service; (b) Your use or misuse of any Myomelt Content; (c) Your User Content; (d) Your breach of this Agreement or of any representation or warranty You made in it; (e) Your violation of any applicable law; (f) Your infringement or violation of the intellectual-property, privacy, publicity, or other rights of any third party; (g) Your harassment of or misconduct toward another participant; (h) any unauthorized recording, distribution, or account sharing by You or by anyone using Your account; (i) any threatened or asserted chargeback or payment dispute made in bad faith; and (j) any claim brought by a third party arising from Your conduct or content, or brought by any person You permit to access or participate in the Services through Your account — in each case to the fullest extent permitted by law.

This Section does not require You to indemnify or reimburse Myomelt LLC or any Protected Party for any claim You bring in Your own right against Myomelt LLC or a Protected Party.

In addition, to the fullest extent permitted by law, You are responsible for Myomelt LLC’s reasonable costs, including reasonable attorneys’ fees, incurred in enforcing this Agreement against You for unauthorized recording, account sharing, misuse or redistribution of Myomelt Content, infringement or violation of Myomelt LLC’s intellectual-property rights, or a knowingly false, fraudulent, or bad-faith chargeback or payment dispute.

Myomelt LLC may, at Your expense, assume the exclusive defense and control of any matter subject to indemnification by You. You will cooperate with that defense and will not settle any such matter without Myomelt LLC’s prior written consent.

This Section survives termination of this Agreement.

SECTION 17 — THIRD-PARTY PLATFORMS AND SERVICE PROVIDERS

Myomelt LLC uses third-party platforms and service providers to deliver the Services, which may include providers for payment processing, hosting, video delivery, communications, and analytics. Where a provider processes information on Myomelt LLC’s behalf, Myomelt LLC remains responsible for its selection and instruction of that provider as required by applicable law. Some Services may also involve independent third-party platforms that Myomelt LLC does not control; Your use of those platforms is subject to their own terms and privacy policies, and Myomelt LLC is not responsible for their independent content, availability, or conduct. For information about the providers Myomelt LLC uses and how they handle Your data, see Our Privacy Policy.

SECTION 18 — DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE MATTERS DESCRIBED IN SECTION 18.9 (SMALL CLAIMS AND INJUNCTIVE RELIEF), YOU AND MYOMELT AGREE THAT ANY DISPUTE WILL BE RESOLVED THROUGH THE PROCESS DESCRIBED BELOW, ENDING IN INDIVIDUAL, BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO A COURT TRIAL AND A JURY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS UNDER SECTION 18.10. THE CLASS-ACTION WAIVER IN SECTION 19 AND THE LIMITATION OF CLAIMS IN SECTION 20 APPLY WHETHER OR NOT YOU ARBITRATE, INCLUDING IF YOU OPT OUT.

18.1 Scope

This Section applies to any and all disputes, claims, or controversies between You and Myomelt (and, where they invoke this Section, the other Protected Parties) arising out of or relating in any way to this Agreement (including its formation, interpretation, validity, applicability, or enforceability), the Services, the Privacy Policy, or Your relationship with Myomelt, including disputes that arose before this or any prior version of this Agreement and disputes that may arise after its termination. This Section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and survives termination of Your account or relationship with Myomelt.

18.2 Informal Resolution (Required First Step)

Before starting a mediation, arbitration, or (where permitted) court proceeding, the party raising a dispute must first send the other a written notice describing the dispute and the relief sought. Notice to You will be sent to the email or mailing address associated with Your account and is deemed received three (3) business days after it is sent, unless there is evidence it was not delivered. Notice to Myomelt must be sent to the legal-notice address specified in the Notices section. The parties will attempt in good faith to resolve the dispute for sixty (60) days after the notice is received. This requirement applies equally to both parties. All applicable limitation periods, including the period in Section 20, are tolled while the parties engage in the informal-resolution process in this Section 18.2 and any mediation under Section 18.3.

18.3 Mediation (On Request)

If the dispute is not resolved within the 60-day informal-resolution period, either party may (but is not required to) submit the dispute to non-binding mediation administered by JAMS under its applicable rules, or before another mediator the parties agree upon in writing. Any mediation will be conducted by videoconference unless the parties agree otherwise and will be limited to three (3) hours unless the parties agree otherwise. For a dispute arising from Your use of the Services as a consumer, Myomelt will pay the mediator’s fees and costs. The mediation will be completed within sixty (60) days after it is requested unless the parties agree otherwise, after which either party may proceed to arbitration. Either party may declare the mediation unsuccessful.

18.4 Binding Arbitration

If a dispute is not resolved through Sections 18.2–18.3, it will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules (for claims of $250,000 or less) or its Comprehensive Arbitration Rules (for larger claims), together with the JAMS Consumer Arbitration Minimum Standards then in effect, which control in the event of any conflict. A single arbitrator will be used. The parties will use JAMS; they may use a different arbitrator only if they agree in writing after the dispute arises. Any hearing will be held at a location reasonably convenient to You in accordance with the JAMS Consumer Arbitration Minimum Standards, or by videoconference if the parties agree or the arbitrator so orders. The arbitrator will issue a reasoned written decision, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration, and court review of an award is limited.

18.5 Arbitration Fees

Arbitration fees will be allocated in accordance with the JAMS rules and the JAMS Consumer Arbitration Minimum Standards then in effect. For a consumer dispute, You will pay no more than the consumer filing fee required by JAMS, and Myomelt will pay the remaining JAMS case-management and arbitrator fees. Each party is responsible for its own attorneys, experts, and witnesses, unless a statute, the JAMS rules, the arbitrator’s award, or an enforceable indemnity provides otherwise.

18.6 Delegation

The arbitrator has exclusive authority to resolve all questions concerning the formation, scope, interpretation, arbitrability, validity, and enforceability of this Agreement and this Section, including any claim that all or part of this Section is void or voidable, any question of waiver (including by litigation conduct), and the application of this Section to a non-signatory — except any question that applicable law requires a court to decide, and except that a court, not the arbitrator, will decide the enforceability of the Class-Action Waiver in Section 19.

18.7 Mass Arbitration

If 25 or more demands for arbitration of a substantially similar nature are filed against Myomelt by or with the coordination of the same or coordinated counsel, the demands will be administered under the JAMS Mass Arbitration Procedures and applicable fee schedule then in effect.

18.8 Confidentiality

The mediation and arbitration proceedings, and all records, filings, evidence, and awards submitted in or resulting from them, will be kept confidential by both parties, except that a party may disclose information as necessary to its counsel, insurers, experts, auditors, and tax or financial advisors; to a court to confirm, vacate, or enforce an award; to a government agency or regulator; where the information is already public; where the parties consent in writing; or where otherwise required by law. Nothing in this Section restricts Your right to make truthful public statements about the underlying facts or events giving rise to Your dispute, to post an honest review as described in Section 10.4, to report a concern to a regulator or government agency, or to make any disclosure required or protected by law; provided that this sentence does not authorize either party to publish the filings, evidence, or settlement communications exchanged solely in the mediation or arbitration proceeding. This Section does not limit Myomelt LLC’s rights or remedies under Section 11 with respect to unlawful, false, or defamatory content. This Section applies equally to both parties.

18.9 Exceptions — Small Claims and Injunctive Relief

Notwithstanding this Section, either party may (a) bring an individual claim in any small claims court of competent jurisdiction, so long as the claim qualifies for and remains within that court’s jurisdiction; and (b) seek a temporary restraining order or emergency injunctive or equitable relief from a court of competent jurisdiction under Section 21 to prevent actual or threatened infringement or misuse of intellectual property or confidential information.

18.10 Your Right to Opt Out of Arbitration

You may opt out of the agreement to arbitrate in this Section 18 by sending written notice to Myomelt LLC at the legal-notice address specified in the Notices section within 30 days after the date You first accept this Agreement. Your notice must include Your full name, the email address associated with Your account, and a clear statement that You wish to opt out of arbitration. If You opt out, neither You nor Myomelt may compel the other to arbitrate, and any dispute will proceed in court under Section 21. Opting out affects only the agreement to arbitrate in this Section 18; it does not affect the Class-Action Waiver in Section 19 or the Limitation of Claims in Section 20, each of which continues to apply in full. An opt-out submitted after the 30-day period is not effective.

SECTION 19 — CLASS-ACTION WAIVER (Independent of Arbitration)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MYOMELT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. This waiver applies whether the dispute is resolved in arbitration or in court, and it applies even if You opt out of arbitration under Section 18.10. No arbitrator or court may consolidate more than one person’s claims or preside over any class, collective, consolidated, or representative proceeding. Class, collective, consolidated, and representative arbitration is not authorized under any circumstances.

If a court or arbitrator determines that this Class-Action Waiver is unenforceable as to a particular claim or request for relief, then:

if the effect of that determination would be to require class, collective, consolidated, or representative arbitration, the agreement to arbitrate in Section 18 will be null and void as to that claim only, and that claim will instead proceed in a court of competent jurisdiction under Section 21 (class, collective, consolidated, and representative arbitration remaining unauthorized in all events); and
if a particular claim or request for relief cannot lawfully be waived or required to proceed on an individual basis — for example, a non-waivable request for public injunctive relief — that particular claim or request will be severed and may be brought in a court of competent jurisdiction under Section 21, while all other claims and requests remain subject to individual arbitration under Section 18.

The unenforceability of this waiver as to one claim or request will not affect its enforceability, or the arbitrability under Section 18, of any other claim or request.

SECTION 20 — LIMITATION OF CLAIMS (Independent of Arbitration)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUED, OR IT IS PERMANENTLY BARRED. This one-year period applies in lieu of any longer period that would otherwise apply, to the maximum extent permitted by law, and is tolled while the parties engage in the informal resolution and mediation described in Sections 18.2–18.3. This Section operates independently of Section 18 and applies whether a dispute is resolved in arbitration or in court, including if You opt out of arbitration under Section 18.10. This Section does not apply to any claim for which applicable law prohibits contractual shortening of the limitation period, which claim remains governed by its otherwise-applicable period.

SECTION 21 — GOVERNING LAW AND VENUE

This Agreement and any dispute arising out of or relating to it or any Service are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. For any dispute that is not subject to arbitration — including a dispute excepted under Section 18.9, a claim as to which Section 18 has been rendered void under Section 19, or a dispute where You have opted out under Section 18.10 — You and Myomelt consent to the exclusive personal jurisdiction and venue of the state courts located in Westchester County, New York, and, only where federal subject-matter jurisdiction independently exists, the United States District Court for the Southern District of New York (White Plains), and each party waives any objection to jurisdiction or venue in those courts. Eligible small-claims actions under Section 18.9 are excepted. All such claims must be brought on an individual, non-class basis as provided in Section 19. Nothing in this Agreement waives any non-waivable right or protection available to You under the mandatory law of Your state or country of residence; the choice of New York law applies to the maximum extent permitted.

SECTION 22 — INTERNATIONAL USE

The Services are operated from the State of New York, United States. Myomelt LLC makes no representation that the Services are appropriate or available for use in any particular location. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local law, and You consent to the transfer and processing of Your information in the United States. For information about how Myomelt LLC handles the personal data of users in Canada, California, the European Economic Area, and the United Kingdom, see Our Privacy Policy.

SECTION 23 — PRIVACY POLICY AND PERSONAL INFORMATION

Your use of any Service is subject to Our Privacy Policy, available at https://www.myomelt.com/privacy-policy, which is incorporated into this Agreement by reference. By using any Service, You acknowledge that You have read the Privacy Policy and consent to the collection, use, and sharing of Your personal information as described in it. The Privacy Policy describes Myomelt LLC’s data practices and does not expand Myomelt LLC’s liability beyond what applicable law requires. If the Privacy Policy conflicts with these Terms, the order of precedence in Section 33 controls.

SECTION 24 — ACCOUNT REGISTRATION AND SECURITY

To access certain Services, You must register for an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of Your account credentials and for all activity under Your account, and You agree to notify Myomelt LLC immediately of any unauthorized use at [email protected]. Myomelt LLC is not liable for any loss arising from unauthorized use of Your account resulting from Your failure to meet these obligations.

SECTION 25 — ELECTRONIC SIGNATURE

All communications through the Services are electronic communications, which You agree have the same legal effect as writings. When You click “Subscribe,” “I Agree,” “Purchase,” “Register,” “Activate My Account,” or a similar button, or complete any registration or submit payment for any Service, that action is Your legally binding electronic signature and Your affirmative acceptance of this Agreement in its entirety as of that moment.

SECTION 26 — ADDITIONAL REPRESENTATIONS AND WARRANTIES

Throughout Your use of the Services, You represent and warrant that: (1) You are at least 18 or the age of majority in Your jurisdiction, whichever is greater; (2) You have read and agree to this Agreement; (3) You will not resell, redistribute, or export any Content or Service; (4) all information You provide is accurate and truthful; (5) You have either consulted a licensed healthcare provider before participating, or You have read Section 4 and determined in Your own judgment that such consultation is not required for You; and (6) You will comply with all applicable laws in connection with the Services. If any representation is or becomes untrue, Myomelt LLC may, in its discretion, terminate this Agreement, and no refund will be owed except as required by law or as provided in Section 8.

SECTION 27 — MODIFICATIONS TO SERVICES AND TERMS; EXISTING MEMBERS

27.1 Changes to the Services

Myomelt LLC may modify, suspend, or discontinue all or part of the Services at any time, and will use reasonable efforts to give advance notice of material changes.

27.2 Changes to This Agreement

Myomelt LLC may update this Agreement. Non-material changes take effect on posting or on reasonable notice, and Your continued use after the effective date constitutes acceptance. Material changes — including changes to the arbitration provision (Section 18), the class-action waiver (Section 19), the limitation of claims (Section 20), the releases and limitations of liability (Sections 5 and 15), the publicity and marketing rights (Section 10), recurring-billing obligations, or material privacy authorizations — take effect only after direct notice to You and, where required for enforceability, Your affirmative acceptance. The version of this Agreement You accepted at the time of the relevant transaction governs that transaction, except as validly modified under this Section.

27.3 Existing Members

This Agreement applies to existing members and participants upon notice as described in this Section. Myomelt LLC may condition continued access on acceptance of an updated Agreement.

SECTION 28 — TERMINATION

This Agreement takes effect when You first register for, purchase, or access any Service, and applies to existing members upon notice under Section 27.3. Myomelt LLC may suspend or terminate Your access to any or all Services at any time, with or without cause and with or without notice, including for violation of this Agreement, non-payment, safety concerns, or disruptive conduct. Upon termination, all licenses granted to You end (except any license or right expressly stated to survive), and You remain liable for all amounts due through termination. Termination does not entitle You to a refund except as required by law or as provided in Section 8.

Sections 4, 5, 6, 8, 10, 13, 14, 15, 16, 18, 19, 20, 21, 23, and 26 through 34 survive termination.

SECTION 29 — NO WAIVER

No failure or delay by Myomelt LLC in exercising any right, power, or remedy operates as a waiver. A waiver is effective only if in writing and signed by an authorized representative of Myomelt LLC.

SECTION 30 — FORCE MAJEURE

Myomelt LLC is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, internet or telecommunications failures, power outages, labor disputes, or government actions. Myomelt LLC will use commercially reasonable efforts to restore affected Services as promptly as practicable.

SECTION 31 — ASSIGNMENT; DERIVATIVE CLAIMANTS

Myomelt LLC may assign its rights and obligations under this Agreement at any time without notice to or consent from You, and this Agreement binds Myomelt LLC’s successors and permitted assigns. You may not assign, transfer, or sublicense this Agreement without Myomelt LLC’s prior written consent, and any purported assignment by You without consent is void.

To the fullest extent permitted by law, any person or entity asserting rights derivatively through You — including an insurer, subrogee, assignee, or beneficiary — acquires no greater rights than You have and takes those rights subject to all defenses, releases, limitations of liability, waivers, and the dispute-resolution and other procedural requirements of this Agreement that apply to You.

SECTION 32 — SEVERABILITY

If any provision of this Agreement is found invalid, illegal, or unenforceable, that provision will be reformed and enforced to the maximum extent permitted by law to give effect to the parties’ intent, and only the unenforceable portion will be limited or severed, with the remaining provisions continuing in full force. This Section is subject to the specific rule for the class-action waiver in Section 19.

SECTION 33 — ENTIRE AGREEMENT; ORDER OF PRECEDENCE

This Agreement, together with the Privacy Policy and any checkout, offer-specific, or separately accepted terms, is the entire agreement between You and Myomelt LLC regarding the Services and supersedes all prior or contemporaneous agreements, representations, and proposals. If there is a conflict, the following order of precedence controls: (1) checkout or offer-specific terms accepted at purchase (such as recurring-billing terms); (2) any separately executed release or authorization; (3) these Terms; (4) the Privacy Policy; and (5) any community guidelines or other operational rules. Any ambiguity will not be construed against the drafting party. Where translations are provided, the English version governs.

Headings and section titles in this Agreement are for convenience and navigation only, are not a substitute for reading each provision in its entirety, and shall not affect the meaning or interpretation of any provision.

SECTION 34 — NOTICES AND CONTACT

General questions: [email protected].

Legal notices — including arbitration opt-outs (Section 18.10), dispute notices (Section 18.2), and copyright/DMCA notices (Section 13) — must be sent to Myomelt LLC, Attention: Legal, 266 Rutledge Ave, Hawthorne, NY 10532, or [email protected]. A notice to You is deemed received three (3) business days after it is sent to the email or mailing address associated with Your account, unless there is evidence it was not delivered; a notice to Myomelt LLC is deemed received when actually received at the address above. You agree to keep Your account contact information current.

ACKNOWLEDGEMENT

BY ACCESSING ANY MYOMELT SERVICE — INCLUDING ANY SUBSCRIPTION MEMBERSHIP OR PROGRAM — OR BY USING THE WEBSITE OR MOBILE APPLICATION IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, THAT YOU UNDERSTAND AND AGREE TO EACH PROVISION, AND THAT THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MYOMELT LLC.