Liability Waiver & Disclaimer

1. Acceptance of Liability Waiver

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO THIS AGREEMENT. ELECTRONIC ACCEPTANCE CARRIES THE SAME LEGAL EFFECT AS A HANDWRITTEN SIGNATURE PURSUANT TO THE E-SIGN ACT AND APPLICABLE STATE LAW.

2. Voluntary Participation

Participation in the Service and all related activities is entirely voluntary. Cardeon does not guarantee any specific outcome, result, or improvement from use of the Service.

3. Nature of Services

Cardeon provides optional digital wellness tools and self-directed activities, including:

• Gamified wellness challenges and behavioral prompts
• Habit-building activities and reflection exercises
• Journaling activities and wellness suggestions
• Educational content and self-guided activities

Some activities may involve physical movement, outdoor participation, public environments, social interaction, travel, and emotional reflection. Cardeon does not provide medical advice, therapy, counseling, clinical treatment, crisis intervention, or emergency services.

4. No Professional Relationship

Use of the Service does not create any doctor-patient, therapist-client, fiduciary, professional advisory, or other professional relationship.

5. Self-Assessment Responsibility

Users are solely responsible for providing truthful and accurate information through the Service. Cardeon does not provide professional oversight, clinical evaluation, or verification of user responses.

6. Physical Activities & Environmental Risks

• Physical injury, illness, disability, or death
• Emotional distress or psychological harm
• Assault, theft, kidnapping, or other criminal acts by third parties
• Environmental hazards, traffic hazards, and travel-related incidents
• Exercise-related injuries, outdoor incidents, and public interactions
• Wrongful death arising from any of the foregoing

Cardeon does not supervise, monitor, or control user participation in activities occurring outside the digital platform. Users voluntarily assume all risks associated with participation in any activity, challenge, prompt, or suggestion provided through the Service.

7. Inherent Risks & Assumption of Risk

Participation in wellness activities involves inherent physical, emotional, environmental, psychological, and social risks. Users voluntarily assume all such risks and accept full responsibility for their personal safety, physical condition, mental and emotional well-being, decision-making, environment, participation choices, and compliance with applicable laws.

8. Comprehensive Protected Parties

For purposes of this Agreement, "Protected Parties" means Eva, LLC and Cardeon, together with all of their past, present, and future affiliates, parent companies, subsidiaries, successors, and assigns, and each of their respective officers, directors, members, managers, shareholders, employees, agents, contractors, subcontractors, advisors, attorneys, and insurers, as well as all Business Clients, pilot clients, beta program participants, participating organizations, employers, healthcare providers, insurers, benefits administrators, wellness vendors, staffing agencies, educational institutions, nonprofit partners, coaches, consultants, reseller partners, seat license purchasers, and any other entity that distributes, sponsors, or facilitates access to the Service.

9. No Duty to Monitor or Protect

No Protected Party has any duty to:

• Monitor user safety or supervise activities
• Verify the safety or suitability of any activity for any user
• Prevent harm, criminal acts, or third-party conduct
• Track user locations or movements
• Contact emergency responders on behalf of users
• Intervene in dangerous situations
• Evaluate user fitness or readiness for participation

10. No Crisis Intervention

Cardeon does not provide emergency monitoring or crisis response. User responses, journal entries, and activity data are not monitored in real time. Users experiencing emergencies should immediately contact 911, local emergency responders, qualified medical professionals, or licensed mental health professionals.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless all Protected Parties from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use or misuse of the Service, your participation in any activity, your conduct or content, your violation of any applicable law or these Terms, or any third-party claims arising from your use of the Service.

12. Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE ALL PROTECTED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITY ARISING FROM OR RELATED TO PHYSICAL INJURY, ILLNESS, DISABILITY, OR DEATH; EMOTIONAL DISTRESS; ASSAULT, THEFT, KIDNAPPING, OR CRIMINAL CONDUCT; PROPERTY DAMAGE OR WRONGFUL DEATH; ENVIRONMENTAL HAZARDS OR EXERCISE-RELATED INJURIES; PARTICIPATION IN ANY ACTIVITY; AND CLAIMS ARISING FROM ORDINARY NEGLIGENCE WHERE LEGALLY PERMITTED.

13. Limitation of Liability

NO PROTECTED PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICE. TO THE EXTENT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID IN THE PRIOR TWELVE (12) MONTHS OR (B) ONE HUNDRED DOLLARS ($100.00).

14. Binding Arbitration & Class Action Waiver

All disputes shall be resolved exclusively through final and binding arbitration in New Hanover County, North Carolina. Users waive rights to jury trials, class actions, and representative proceedings.

15. Governing Law & Venue

This Agreement shall be governed by the laws of the State of North Carolina. Any permitted court proceedings shall occur exclusively in New Hanover County, North Carolina.

16. Contact Information

[email protected]

Challenges and activities within Cardeon are entirely optional. Always evaluate your surroundings, health, environment, and personal safety before participating. Do not engage in activities that may place you or others at risk. Cardeon does not supervise or monitor activities in real time and does not provide emergency response or crisis intervention. If you are experiencing a medical or mental health emergency, please call 911 or your local emergency services immediately.

This activity may involve physical movement, outdoor participation, or travel. Consult a qualified medical professional before participating if you have any health condition, physical limitation, or concern. You are solely responsible for your safety and well-being during participation. Cardeon is not liable for any injury, illness, or harm that may occur.