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Terms of Service

Terms and conditions governing use of the Qonscious Health platform

  • Effective Date: March 12, 2026
  • Company: Qonscious Health, Inc.
  • Location: La Jolla, California
Please read these Terms of Service (“Terms”) carefully before using the Qonscious Health website, mobile application, or any associated products, programs, or services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Acceptance of Terms

By creating an account, downloading the app, enrolling in a program, or otherwise using the Services, you represent that: (i) you are at least 18 years of age; (ii) you have the legal authority to enter into this agreement on your own behalf or on behalf of an organization you represent; and (iii) you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Services

Qonscious Health provides a behavioral health and wellness platform designed to support emotional intelligence development, metabolic health, cognitive performance, and leadership resilience. Our Services include:

  • The Qonscious Health Mobile App: Available on Apple App Store and Google Play, providing personalized health assessments, behavioral tracking, educational content, and AI-assisted coaching.
  • QBOS Assessments: A proprietary scoring framework evaluating six health domains: Cognitive Clarity, Motivation Drive, Emotional Balance, Stress Resilience, Metabolic Rhythm, and Energy Systems.
  • Behavioral Operating System (QBOS™): The underlying platform framework integrating lifestyle medicine, emotional intelligence, and behavioral science.
  • QBOS Coach: An AI-powered coaching companion that provides Socratic, goal-oriented guidance based on your assessment data and stated goals.
  • QBOS Academy: Digital courses and educational content covering emotional intelligence, nutrition, and fitness.
  • Executive Coaching and Retreat Programs: High-performance group and individual coaching programs delivered in-person or virtually.
  • Employer-Sponsored Programs: B2B deployments through self-insured employers and benefits administrators.

3. Important Health Disclaimer

NOT MEDICAL ADVICE

The Services, including all content, assessments, QBOS scores, QBOS Coach guidance, and program materials, are provided for general informational, educational, and motivational purposes only. They do not constitute medical advice, diagnosis, treatment, or a substitute for professional medical care.

You should consult a qualified healthcare provider before making significant changes to your diet, exercise routine, or health behaviors, especially if you have a pre-existing medical condition, are pregnant, or are taking medication.

In the event of a medical emergency, call 911 or your local emergency services immediately. Do not rely on the Services for emergency health guidance.

4. Account Registration and Responsibilities

To access certain features of the Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information.
  • Keep your password confidential and not share it with others.
  • Notify us immediately of any unauthorized access or security breach at info@qonscioushealth.com.
  • Accept responsibility for all activity that occurs under your account.

Qonscious Health reserves the right to suspend or terminate accounts that violate these Terms, at our sole discretion and without prior notice.

5. Employer-Sponsored Accounts

If you access the Services through your employer or benefits administrator (“Employer Sponsor”), the following additional terms apply:

  • Your Employer Sponsor has agreed to a separate agreement with Qonscious Health governing the terms of deployment.
  • Your individual health data will not be shared with your Employer Sponsor in individually identifiable form without your explicit written consent.
  • Qonscious Health may share aggregate, de-identified program participation and outcomes data with Employer Sponsors for program administration purposes.
  • If your employer-sponsored access is terminated for any reason, your account data will be retained as described in our Privacy Policy.

6. Subscriptions, Payments, and Refunds

Subscription Plans

Qonscious Health offers individual subscriptions, employer-sponsored per-employee-per-month (PEPM) plans, and program-specific pricing. Specific pricing is disclosed at the time of purchase or enrollment.

Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually as selected). By providing payment information, you authorize us to charge the applicable fees to your payment method. All fees are in U.S. dollars.

Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel prior to the renewal date. You will receive advance notice of any material changes to your subscription price.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting info@qonscioushealth.com. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods except where required by applicable law.

Refund Policy

Requests for refunds on digital products and app subscriptions will be evaluated on a case-by-case basis. For executive coaching programs and retreat enrollments, refund terms are specified in the program agreement provided at time of enrollment. We reserve the right to deny refund requests that do not meet our refund criteria.

7. Intellectual Property

All content, technology, trademarks, and materials provided through the Services are the exclusive property of Qonscious Health, Inc. or its licensors. This includes, without limitation:

  • The Behavioral Operating System (BOS™) framework and methodology.
  • The QBOS scoring system and assessment batteries.
  • The Qonscious Health™ brand, logo, and trade dress.
  • QBOS Coach AI coaching technology and system prompts.
  • All course content, program materials, videos, and written content.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial wellness and health management purposes. You may not:

  • Copy, reproduce, distribute, or publicly display any content without prior written consent. 
  • Reverse engineer, decompile, or attempt to extract source code from the platform or AI components.
  • Use the Services or any content to build a competing product or service.
  • Remove or alter any copyright, trademark, or proprietary notices.

8. AI Coaching — QBOS Coach

QBOS Coach is an AI-powered coaching tool designed to support your health and wellness journey through reflective questioning, goal reinforcement, and behavioral guidance. By using QBOS Coach, you acknowledge and agree that:

  • QBOS Coach responses are generated by artificial intelligence and may not always be accurate, complete, or appropriate for your specific situation.
  • QBOS Coach is not a licensed therapist, physician, dietitian, or mental health professional.
  • QBOS Coach does not provide medical diagnosis, treatment recommendations, or crisis intervention.
  • You should not rely exclusively on QBOS Coach guidance for significant health decisions.
  • Conversations with QBOS Coach may be reviewed by our team for quality assurance and safety purposes, consistent with our Privacy Policy.

9. Research Participation

Qonscious Health conducts and supports clinical research in partnership with academic and medical institutions. Participation in any research study is entirely voluntary and governed by a separate informed consent document. Research data is collected, handled, and stored in compliance with applicable IRB protocols and research ethics standards. Withdrawal from a study does not affect your access to the Services.

10. Prohibited Uses

You agree not to use the Services to:

  • Violate any applicable federal, state, or local laws or regulations.
  • Upload, transmit, or share content that is false, misleading, defamatory, obscene, or harmful.
  • Harass, abuse, or harm any other user or third party.
  • Attempt to gain unauthorized access to any part of the Services or another user’s account.
  • Use automated tools, bots, or scrapers to access, collect, or index content from the Services.
  • Interfere with or disrupt the integrity or performance of the Services or underlying infrastructure.
  • Circumvent any security, access control, or technical measures of the platform.
  • Use the Services for any purpose competitive with Qonscious Health without express written consent.

11. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QONSCIOUS HEALTH, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO QONSCIOUS HEALTH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Qonscious Health, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) your use of the Services;

(b) your violation of these Terms;

(c) your violation of any third-party right, including privacy or intellectual property rights; or

(d) any content you submit or transmit through the Services.

13. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal dispute process, you agree to contact us at info@qonscioushealth.com and attempt to resolve the matter informally. We will make reasonable efforts to resolve disputes within 30 days of receiving notice.

Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in San Diego, California. The arbitrator’s decision shall be final and binding. You and Qonscious Health waive the right to a jury trial and agree to bring claims only in an individual capacity, not as part of a class or representative action.

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

Limitation on Claims

Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or it will be permanently barred.

14. Termination

We may suspend or terminate your access to the Services at any time, for any reason, including violation of these Terms, without prior notice or liability. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination will remain in effect, including intellectual property provisions, disclaimers, indemnification, and dispute resolution.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days’ advance notice via email or in-app notification. Your continued use of the Services after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Services.

15. Changes to These Terms

  • Entire Agreement: These Terms, together with our Privacy Policy and any applicable program agreements, constitute the entire agreement between you and Qonscious Health with respect to the Services.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
  • No Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
  • Assignment: You may not assign your rights under these Terms without our prior written consent. We may freely assign our rights and obligations.
  • No Agency: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Qonscious Health.

17. Contact Us

For questions about these Terms of Service:

Email : info@qonscioushealth.com

Phone : 904-613-1475

Address : Qonscious Health, Inc., La Jolla, California