Welcome to Helping Healthy! These Terms of Service ("ToS") constitute a legally binding agreement between you ("User," "you," or "your") and Helping Healthy LLC ("Helping Healthy," "we," "us," or "our"), a Florida limited liability company. By accessing or using our website, SMS services, or any content provided by us (collectively, the "Service"), you agree to be bound by these ToS, including our Privacy Policy , SMS Policy , and Medical Disclaimer , which are incorporated into these Terms of Service. If you do not agree with these ToS, you must not use the Service.
Helping Healthy provides personalized health coaching services designed to support your healthy lifestyle goals. Our Service includes, but is not limited to, customized workouts, expert-backed guidelines, and general guidance on exercise, sleep, nutrition, and other wellness practices. The Service is primarily delivered through SMS communication and our website. It is important to understand that our coaching is not a substitute for professional medical advice, diagnosis, or treatment. We do not provide medical advice, and we are not a licensed medical provider.
To utilize the Service, you must create an account by providing accurate and complete information, including your first name, last name, date of birth, sex, phone number, and details about your wellness history and goals. Helping Healthy's services are intended for residents of the United States. By creating an account, you represent and warrant that you are at least 18 years of age and a resident of the United States. While temporary travel outside of the United States is permitted, the Service is designed and intended for users primarily residing in the United States and accessing the Service within the United States. We reserve the right to terminate accounts of users who do not meet these eligibility criteria, or whom we reasonably believe are misrepresenting their residency. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
We offer personalized coaching, including custom workouts tailored to your fitness level, preferences, and limitations, as well as generalized guidance on exercise, sleep, nutrition, and other lifestyle habits. Our coaching is based on publicly available expert recommendations. However, it is explicitly not medical advice, diagnosis, or treatment. We do not guarantee specific health outcomes, as results may vary based on individual effort, consistency, and other factors. You are solely responsible for setting your own wellness goals and determining if our Service is right for you.
SMS communication is an integral component of the Service. By providing your phone number during sign-up, you expressly consent to receive SMS messages from us, which may be automated or manual. These messages include, but are not limited to, coaching content, wellness tips, workout reminders, and account notifications. Message and data rates may apply. Message frequency varies based on user preferences, but you can expect to receive regular tips, workout details, and other coaching-related messages. You acknowledge that SMS is not a completely secure method of communication. To discontinue SMS communications, reply "STOP" to any SMS message received from us. Upon opting out of SMS, you will no longer receive new coaching content via SMS. However, your account will remain active, and you will retain website access to historical data until the end of your then-current billing period. Important: Replying "STOP" will block *all* SMS messages from Helping Healthy, including account-related messages. If you opt-out, manage your account via our website. For full details, please refer to our SMS Policy .
The Service is designed for informational and educational purposes only and should not be construed as medical advice, diagnosis, or treatment. Always consult with your physician or other qualified healthcare provider before starting any new health or fitness program, particularly if you have pre-existing health conditions. For full details, please refer to our Medical Disclaimer .
We offer subscription plans with varying commitment lengths as detailed on our website. Subscriptions are billed in advance on a recurring basis according to your selected plan, utilizing a third-party payment processor. A free trial period with full Service access is provided without requiring credit card information. The free trial begins the day of first phone number submission and ends x calendar days later, where x is the length of the trial period as specified on our website. For instance, if a user submits their phone number at any time on March 1st and the trial period is 14 days, the trial will end at the end of March 14th.
At the conclusion of the trial period, you must select a subscription plan and provide valid payment information to continue accessing the Service. You may cancel your subscription at any time through your account settings or by contacting us. Upon account cancellation, you will continue to have access to the Service until the end of your then-current billing period. Subscription fees are non-refundable, and we do not offer prorated refunds for partial billing periods, except in circumstances determined at our sole reasonable discretion. After your subscription has ended, you will no longer have access to the Service, including coaching content, your historical data, and any other features of the Service.
If you opt-out of SMS communication by replying "STOP" (or similar), you will cease receiving all SMS messages from us immediately and your subscription will be terminated at the end of your then-current billing period. While you will continue to have access to historical data on the website until the end of your then-current billing period, you will no longer receive new coaching content of any kind due to our inability to reach you via SMS. NOTE: We do not currently have the ability to automatically detect a "STOP" reply. Therefore, if we reasonably detect continuous undelivered messages and are unable to reach you via SMS, we will assume you have opted out.
Helping Healthy (or its licensors) owns all content included in the Service, including but not limited to, text, graphics, logos, and workout instructions, which are protected by applicable copyright, trademark, and other intellectual property laws. Workout videos are sourced from third-party platforms and utilized under their respective licensing agreements. All original content created by us in the future will be similarly protected. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content for your personal, non-commercial purposes, strictly in accordance with these ToS. You are expressly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the content on our Service without our prior written consent, except as explicitly permitted by these ToS or applicable law.
Informal Resolution: Before initiating any formal dispute resolution process, you agree to first contact us directly to seek an informal resolution. We will make good faith efforts to resolve any disputes informally.
Binding Arbitration: If informal resolution is not successful, any controversy or claim arising out of or relating to these ToS or the Service, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Florida.
Small Claims Court: Notwithstanding the foregoing, for disputes or claims falling within the jurisdiction of small claims court in Florida, either party may bring an individual action in small claims court.
Class Action Waiver: YOU AND HELPING HEALTHY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Helping Healthy agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Force Majeure: Neither party shall be liable for delays in performance or for failure to perform hereunder due to acts of God, war, terrorism, riots, fire, natural disasters, actions of governmental authorities, or other causes beyond the reasonable control of the party whose performance is affected.
Arbitrator Authority: The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to any claim that all or any part of these ToS are void or voidable. The arbitrator shall also have exclusive authority to determine arbitrability of any claim.
Final and Binding: The arbitrator's decision shall be final and legally binding and enforceable.
Jury Trial Waiver: EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN ANY COURT ACTION OR PROCEEDING RELATING TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SERVICE.
You agree to use the Service in a responsible and lawful manner and to refrain from: (a) using the Service to harass, abuse, threaten, defame, or otherwise infringe or violate the rights of any other party; (b) using the Service for any unlawful purpose or in violation of any applicable law or regulation; (c) interfering with or disrupting the operation of the Service or the servers or networks used to make the Service available; (d) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service; (e) transmitting or distributing any viruses, worms, defects, Trojan horses, or any items of a destructive nature. We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Service, with or without notice, for any violation of these User Conduct terms or any other provision of these ToS.
We may, in our sole discretion, terminate your account and access to the Service for any reason, including but not limited to, breach of these ToS, non-payment of subscription fees, suspected fraudulent or abusive activity, or at our convenience, without prior notice. You may terminate your account at any time through your account settings or by contacting us. We shall not be liable to you or any third party for any termination of your account or access to the Service, or for any loss of data or content resulting from such termination. Sections of these ToS that by their nature should survive termination (including, without limitation, Intellectual Property, Dispute Resolution, Limitation of Liability, Indemnification, and Miscellaneous) shall survive any termination.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELPING HEALTHY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HELPING HEALTHY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TOS, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO HELPING HEALTHY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS LESS.
We are not responsible or liable for any third-party content or services, including, but not limited to, the workout videos which are sourced from external platforms. The limitations of liability set forth in this section shall apply even if your remedies under these terms fail of their essential purpose.
You agree to indemnify, defend, and hold harmless Helping Healthy, its affiliates, officers, directors, employees, consultants, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of, or misuse of, the Service; (b) your violation of these ToS or any law or regulation; (c) your violation of any rights of a third party, including intellectual property or privacy rights; or (d) any content you submit, post, transmit or otherwise make available through the Service. Helping Healthy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Helping Healthy in asserting any available defenses.
Severability: If any provision of these ToS is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions of these ToS shall remain in full force and effect. If such modification is not possible, the relevant provision shall be deemed severed from these ToS, and the remaining provisions shall continue to be valid and enforceable.
Entire Agreement: These ToS, including the Privacy Policy , SMS Policy , and Medical Disclaimer , constitute the entire and exclusive agreement between you and Helping Healthy concerning the Service, and supersede all prior and contemporaneous communications, agreements, and understandings, whether oral or written, with respect to the Service.
Waiver: No waiver of any provision of these ToS shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these ToS, in whole or in part, without our prior written consent. Helping Healthy may assign or transfer its rights and obligations under these ToS, in whole or in part, without your consent, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these ToS will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
This document is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
We will update this document as needed. All changes will receive a version bump, with minor changes incrementing the minor version number (e.g. 1.0 to 1.1) and major changes incrementing the major version number (e.g. 1.0 to 2.0). All changes will be notated in a change log located in this document. You will be notified on our website of major changes. Your continued use of the Service after notification constitutes your acceptance of the revised document.
If you have any questions about this document or any other legal matters, please contact us .
The following changes have been made to this document: