Exist Experience

EXIST Experience

Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Exist Studios LLC (“we,” “us,” or “our”), including but not limited to the mobile application and any content, functionality, and services offered on or through the app (the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Services.

2. Changes to the Terms

Exist Studios LLC reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting. Continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

3. User Content and Conduct

  • Ownership and License: You retain ownership of any content you create or share on our platform. However, by posting or sharing content, you grant Exist Studios LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform such content for any purpose, including commercial purposes, without further consent or compensation to you.
  • Prohibited Content: You agree not to post, upload, transmit, or otherwise share any content that is illegal, harmful, infringing, defamatory, obscene, or otherwise objectionable. We reserve the right to remove any content that violates these Terms or is deemed inappropriate at our discretion.
  • Conduct: You are responsible for your interactions with other users. Exist Studios LLC is not liable for any disputes between users but reserves the right to intervene if necessary.

4. Social Media and User Interactions

The Services include a social media component designed to promote positive and supportive interactions. By using this feature, you agree to abide by the community guidelines and respect other users. We are not responsible for the content or conduct of any user but may monitor and moderate interactions to ensure a safe environment.

5. Data Collection and Use

  • Exist Studios LLC collects and stores personal data, including but not limited to information related to your usage of the Services, device information, and Health App data, where applicable. By using our Services, you consent to the collection, use, and sharing of your data for any purpose, including commercial purposes.
  • Health App Data: We may access and collect data from the Health App on your device, such as activity levels, sleep patterns, and other wellness-related metrics. This data will be used to enhance the Services and provide personalized content. You grant Exist Studios LLC the right to use, share, and distribute this data as outlined in this agreement.

6. HIPAA Compliance

Exist Studios LLC does not collect, store, or use personal health information that would require HIPAA compliance. However, we may collect other personal data, including data from the Health App, that is not subject to HIPAA regulations.

7. Intellectual Property

All intellectual property rights in the Services, including but not limited to text, graphics, logos, and software, are owned by Exist Studios LLC or its licensors. You may not use, copy, or distribute any content from the Services without express permission.

8. Disclaimers and Limitation of Liability

  • The Services are provided “as-is” without any warranties, express or implied. Exist Studios LLC does not guarantee that the Services will be error-free or uninterrupted.
  • To the fullest extent permitted by law, Exist Studios LLC shall not be liable for any damages arising from your use of the Services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Exist Studios LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, and expenses arising out of your use of the Services or violation of these Terms.

10. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of [Your State], without regard to its conflict of laws principles. Any legal action or proceeding related to the Services shall be brought exclusively in a court of competent jurisdiction in [Your State].

11. Termination

Exist Studios LLC reserves the right to suspend or terminate your access to the Services at any time, with or without cause or notice, for conduct that violates these Terms or is otherwise harmful to other users or third parties.