Terms of Service
Last Revised: April 14, 2026
Welcome to the Terms of Service (these "Terms") for the website, https://tolionbrainfit.com/, and https://tolion.com/ (collectively, the "Websites"), and the related mobile application Tolion BrainFit (the "App") operated on behalf of Tolion Health Inc. ("Company", "we" or "us"). The Websites and any content, tools, features and functionality offered on or through our Websites and the App are collectively referred to as the "Services".
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.
USE OF ARTIFICIAL INTELLIGENCE ("AI"); NO MEDICAL OR PROFESSIONAL ADVICE
Any health-related guidance, recommendations or information provided by the App is for general informational and educational purposes only. It is not intended to constitute or substitute for professional medical advice, diagnosis, or treatment. The App uses AI systems to generate or personalize responses and content. While the Company strives to ensure accuracy and usefulness, AI-generated outputs may be incomplete, inaccurate, or reflect bias or error. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE APP IS NOT DESIGNED OR INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU BELIEVE YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY.
Section 8 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration and waive your right to participate in class actions. You have the right to opt-out as explained in Section 9.
1. Who May Use the Services
You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. By using the Services, you represent and warrant that you meet these requirements.
2. User Accounts
To use the Services, you need to create an account or link another account, such as your Apple account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. You must immediately notify us at info@tolion.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
3. Privacy Policy and Consumer Health Data Privacy Policy
Our Privacy Policy describes how we handle the information you provide to us when you use the Services. Please visit our Privacy Policy at https://tolionbrainfit.com/privacy-policy/.
Our Consumer Health Data Privacy Policy describes how we handle the consumer health data you provide to us. Please visit it at https://tolionbrainfit.com/consumer-health-data-privacy-policy/.
4. Rights We Grant You
We hereby permit you to use the Services for your personal non-commercial use only, provided that you comply with these Terms. We grant you a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display the Services, including the right to download a single copy of the App onto your device.
You may not:
- Download, modify, copy, distribute, or create derivative works from any content in the Services
- Decompile, reverse engineer, or disassemble the Services
- Use automation software, bots, or unauthorized third-party software to modify the Services
- Exploit the Services for any commercial purpose
- Attempt to gain unauthorized access to the Services or other users' accounts
- Introduce viruses, trojans, or other malicious software into our systems
- Violate any applicable law or regulation in connection with your use of the Services
5. Ownership and Content
The Services, including their "look and feel", proprietary content, and other materials, are protected under copyright, trademark and other intellectual property laws. The Company and/or its licensors own all right, title and interest in and to the Services.
We welcome Feedback, comments and suggestions. Any Feedback you provide becomes the sole and exclusive property of the Company.
6. Third Party Services and Materials
Certain Services may display or use content from third parties or third-party devices (including health metrics, fitness data or biometric information). The Company is not responsible for examining or evaluating such Third Party Materials. Third Party Materials and links to other websites are provided solely as a convenience to you.
7. Disclaimers, Limitations of Liability and Indemnification
Your access to and use of the Services are at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE COMPANY ENTITIES' TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) $100.00 AND (B) THE TOTAL AMOUNTS YOU HAVE PAID TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
You agree to defend, indemnify and hold the Company Entities harmless from and against any claims, costs, damages, losses, liabilities and expenses arising out of or in connection with your violation of these Terms, your violation of any rights of any third party, or your misuse of the Services.
8. Arbitration and Class Action Waiver
After an informal dispute resolution process (30-day notice required), any remaining dispute will be resolved by final and binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. Arbitration will be handled by a sole arbitrator on an individual basis — class arbitrations and class actions are not permitted.
Exceptions (resolved in court):
- Disputes within the jurisdiction of a small claims court (individual basis only)
- Disputes where the sole relief sought is injunctive relief
- Intellectual property disputes
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS ACTION.
9. Opt-Out
You have the right to opt-out of the arbitration provisions by sending written notice to info@tolion.com within thirty (30) days of your first registering to use the Services. If you opt out, the Company will also not be bound by the arbitration provisions.
10. Additional Provisions
We may modify these Terms from time to time and will update the "Last Revised" date. Your continued use of the Services after modifications become effective constitutes acceptance of the modified Terms.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws rules.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
How to Contact Us
Tolion Health Inc., 11 Blossom Circle, Natick, MA 01760, or by e-mail at info@tolion.com.