SmallWins SmallWins

Terms and Conditions

Last updated: March 27, 2026

1. Eligibility

You may use the Service only if you can form a binding agreement under applicable law. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian.

2. The Service

SmallWins provides health and wellness-oriented insights, summaries, and related features based on information you provide to us and, where you choose to connect it, data from Apple Health, Apple Watch, and other supported sources.

The Service is intended for general informational and personal wellness purposes only.

3. Not Medical Advice

SmallWins is not a medical service. The Service does not provide medical advice, diagnosis, or treatment, and is not a substitute for professional medical judgment or care.

You should always seek the advice of a qualified physician or other licensed healthcare provider with any questions regarding a medical condition, symptoms, treatment, or changes to your health routine. Never disregard professional medical advice or delay seeking it because of information provided through the Service.

If you think you may be experiencing a medical emergency, call emergency services immediately.

4. Your Account

You may need an account to use some or all of the Service. You are responsible for:

  • providing accurate and complete information
  • maintaining the confidentiality of your login credentials
  • all activity that occurs under your account
  • notifying us promptly if you believe your account has been accessed without authorization

We may suspend or terminate your account if we reasonably believe you have violated these Terms or used the Service in a way that could harm us, other users, or the Service.

5. Health Data and Device Permissions

Certain features of the Service may require access to health, fitness, activity, sleep, or related information from Apple Health, Apple Watch, or your device.

You control whether to grant these permissions. If you deny or revoke permissions, some features may not function properly or at all.

You represent that you have the right to provide any data you connect to or share through the Service.

6. License to Use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the app for your personal, non-commercial use on devices that you own or control, and only as permitted by these Terms and any applicable platform usage rules.

You may not:

  • copy, modify, distribute, sell, lease, or sublicense the Service
  • reverse engineer, decompile, or attempt to extract the source code of the Service, except where prohibited by law from restricting that activity
  • use the Service for any unlawful, harmful, fraudulent, or abusive purpose
  • interfere with or disrupt the integrity or performance of the Service
  • access the Service in order to build a competing product or service

7. Your Content and Data

As between you and SmallWins, you retain ownership of the information and content you submit or make available through the Service ("Your Content").

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, use, process, store, reproduce, and display Your Content solely as necessary to operate, maintain, improve, secure, and provide the Service, and as otherwise described in our Privacy Policy.

You are responsible for ensuring that Your Content does not violate any law or the rights of any third party.

8. Privacy

Your use of the Service is also governed by our Privacy Policy:

https://smallwins.health/privacy-policy

Please read it carefully to understand how we collect, use, and disclose information.

9. Acceptable Use

You agree not to:

  • use the Service in violation of any applicable law or regulation
  • upload or transmit any malware, malicious code, or harmful material
  • attempt to gain unauthorized access to any account, system, or network
  • use the Service to harass, abuse, threaten, or harm any person
  • misrepresent your identity or affiliation
  • use the Service in any manner that could damage, disable, overburden, or impair the Service

10. Third-Party Services and Links

The Service may rely on or integrate with third-party services, platforms, software, or content, including Apple services. We do not control third-party services and are not responsible for their availability, content, policies, or practices.

Your use of third-party services may be subject to separate terms and privacy policies.

11. Intellectual Property

The Service, including its software, design, text, graphics, logos, trademarks, and other content, is owned by or licensed to SmallWins and is protected by applicable intellectual property laws.

Except for the limited license expressly granted in these Terms, no rights are granted to you.

12. Feedback

If you provide feedback, suggestions, ideas, or recommendations regarding the Service, you grant us the right to use them without restriction or compensation to you.

13. App Availability and Changes

We may modify, update, suspend, or discontinue any part of the Service at any time, with or without notice.

We do not guarantee that the Service, or any feature of it, will always be available, accurate, or error-free.

14. Termination

You may stop using the Service at any time.

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, created risk or legal exposure for us, or if we discontinue the Service.

Upon termination, the rights granted to you under these Terms will end immediately.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMALLWINS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE SERVICE WILL MEET YOUR REQUIREMENTS
  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • ANY INSIGHTS, RESULTS, OR OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE
  • ANY DEFECTS WILL BE CORRECTED

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMALLWINS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SMALLWINS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO SMALLWINS FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE; OR
  2. CAD $100

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

17. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless SmallWins and its directors, officers, employees, affiliates, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • your use or misuse of the Service
  • Your Content
  • your violation of these Terms
  • your violation of any law or the rights of a third party

18. App Store Additional Terms

If you downloaded the app from Apple's App Store, the following terms also apply:

  • These Terms are between you and SmallWins only, not with Apple
  • Apple is not responsible for the Service or its content
  • Apple has no obligation to furnish any maintenance or support services for the Service
  • To the maximum extent permitted by law, Apple has no warranty obligation with respect to the Service
  • Any claims relating to the Service, including product liability claims, claims that the Service fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws, are the responsibility of SmallWins, not Apple
  • If a third party claims that the Service or your use of it infringes that third party's intellectual property rights, SmallWins, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms
  • You represent and warrant that you are not located in a country subject to a U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties
  • You must comply with applicable third-party terms when using the Service
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you

19. Export Compliance

You may not use or otherwise export or re-export the Service except as authorized by United States, Canadian, and other applicable laws and regulations.

20. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

Subject to applicable law, you and SmallWins agree that the courts located in Ontario, Canada will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service.

21. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will post the updated Terms and update the "Last updated" date above. Your continued use of the Service after the updated Terms become effective means you accept the revised Terms.

22. Contact Us

If you have questions about these Terms, please contact us at:

SmallWins Health Inc.
parth@smallwins.health

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