Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") form a legally binding agreement between you and Eva, LLC ("Cardeon"). By accessing or using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
2. Service Description
Cardeon provides optional digital wellness tools and experiences, including:
- Assessments and self-guided wellness activities
- Habit-building exercises and behavioral prompts
- Journaling and reflection tools
- Wellness suggestions and educational content
- Gamified challenges
Certain activities may involve physical activity, outdoor activity, travel, public environments, emotional reflection, social interaction, and real-world participation. Users are solely responsible for determining whether participation in any activity is safe, appropriate, lawful, and suitable for their individual circumstances. Cardeon does not provide medical advice, therapy, counseling, clinical care, crisis intervention, or emergency services.
3. Eligibility
The Service is intended solely for individuals age 13 or older located within the United States.
4. Account Registration
Users are responsible for maintaining account confidentiality, all activity under their account, and providing accurate information.
5. Business Clients & Seat Licenses
Organizations, including but not limited to employers, healthcare providers, nonprofits, insurers, benefits administrators, wellness vendors, staffing agencies, educational institutions, coaches, consultants, and reseller partners (collectively, "Business Clients" or "Providers"), may purchase seat licenses for distribution to end users via access codes. Cardeon retains sole authority over user accounts, platform operations, and data administration. Business Clients do not control user data unless separately authorized in writing by the user.
6. Free Trials
a) Individual Users
Individual users are eligible for a 30-day free trial upon account creation. The free trial provides full access to the Service for the duration of the trial period. No payment information is required to begin a free trial. At the end of the trial period, continued access requires an active paid subscription.
b) Provider / Business Client Users
Providers are eligible for a 30-day free trial that grants access to five (5) complimentary seats. These seats may be distributed to end users via access codes during the trial period. Trial seats automatically expire at the end of the 30-day period. Upon expiration, continued access for the Provider and their users requires an active paid seat license subscription. Cardeon reserves the right to modify or discontinue free trial offerings at any time.
7. Access Codes
Providers with available seats — whether trial or paid — may distribute a unique access code to individual users. An individual who applies a valid access code will be granted access to the Service under the Provider's seat license for as long as the Provider maintains an active subscription with available seats. Access codes are non-transferable and may only be used within the United States. Cardeon reserves the right to revoke access codes at any time.
8. Subscriptions & Billing
All subscription pricing, including current rates for individual and Provider seat tiers, is available at cardeon.io. Cardeon reserves the right to modify pricing at any time with reasonable advance notice. Subscriptions are billed in USD.
a) Individual Subscriptions
Individual users may subscribe on a monthly or annual basis:
- Monthly subscriptions are billed once per month on the same date as the original subscription date.
- Annual subscriptions are billed once per year and offer a discount over the monthly rate. Current annual pricing and discount rates are available at cardeon.io.
- Subscribers will receive a payment reminder email seven (7) days before each recurring billing date.
b) Provider / Business Client Subscriptions
Providers purchase seats in tiers. Volume pricing applies — the more seats purchased, the lower the per-seat cost. Current tier pricing is available at cardeon.io. Provider subscriptions may be billed monthly or annually under the same terms as individual subscriptions. Providers will receive a payment reminder email seven (7) days before each recurring billing date.
Providers may adjust their seat count at any time, subject to a minimum of ten (10) seats:
- Seat increases take effect immediately. The additional cost is prorated and applied to the following billing cycle.
- Seat decreases take effect at the end of the current billing cycle. A prorated credit for the reduction is staged and applied to reduce the following billing cycle invoice.
- No immediate charges or refunds are issued for mid-cycle seat adjustments.
- If a Provider cancels their subscription before the next billing cycle occurs and a prorated seat-reduction credit is pending at the time of cancellation, Cardeon will process a refund of that credit amount immediately upon cancellation via Stripe. Refund processing times are subject to Stripe processing schedules and the Provider's card issuer, and may take several business days to appear on the Provider's account.
9. Payment Processing
All payments are processed exclusively through Stripe, Inc. By subscribing, you authorize Cardeon to instruct Stripe to charge your selected payment method on a recurring basis in accordance with your chosen subscription plan. Cardeon does not store, access, or manage your payment card information. All payment data is handled directly by Stripe and is subject to Stripe's Terms of Service and Privacy Policy. Cardeon receives only limited transaction confirmation data from Stripe.
10. Cancellation Policy
a) Monthly Subscriptions
Monthly subscriptions are non-refundable. You may cancel your monthly subscription at any time to prevent future charges. Upon cancellation, you will retain access to the Service through the end of your current paid billing period. Access will not be extended beyond that date unless a new subscription is purchased. Cancelled monthly subscriptions may be restarted at any time under the then-current pricing and these Terms.
b) Annual Subscriptions — 30-Day Money-Back Guarantee
Annual subscriptions include a 30-day money-back guarantee. If you cancel your annual subscription within thirty (30) days of the original purchase date, you will receive a full refund of the annual subscription fee, no questions asked. Refunds will be processed through Stripe to the original payment method. If you cancel after the 30-day window has passed, no refund will be issued. You will retain access through the end of your paid annual period, after which access will end unless renewed. Cancelled annual subscriptions may be restarted at any time under the then-current pricing and these Terms.
11. Transactional & Billing Communications
Cardeon will send the following transactional emails to subscribers:
- Subscription confirmation upon purchase
- Free trial expiration notice prior to trial end
- Access code delivery for Provider-distributed seats
- Recurring payment reminder seven (7) days before each billing date, as required by applicable law
- Payment confirmation and receipt
- Cancellation confirmation
These communications are transactional in nature and are not subject to marketing opt-out preferences. They will be sent to the email address associated with your account.
12. License to Use
Cardeon grants users a limited, revocable, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.
13. Acceptable Use
Users agree not to:
- Violate any applicable laws or regulations
- Abuse the Service or interfere with platform operations
- Reverse engineer, decompile, or disassemble any part of the Service
- Harvest, scrape, or collect data from the platform
- Use the Service for any unlawful, harmful, or unauthorized purpose
- Impersonate any person or entity
- Upload or transmit malicious code or content
- Share, sell, or transfer access codes to unauthorized parties
14. User Content
Users retain ownership of submitted content but grant Cardeon a worldwide, royalty-free, non-exclusive license to use, process, store, and display such content solely for the operation and improvement of the Service.
15. User Responsibility & Independent Judgment
All activities, prompts, suggestions, exercises, and challenges are entirely optional. Users independently determine whether participation is appropriate. Users assume full responsibility for:
- Their physical safety, health, and medical condition
- Their emotional and psychological readiness
- Environmental, weather, and terrain conditions
- Travel risks and traffic conditions
- Public environments and interactions with third parties
- Compliance with all applicable laws
- Criminal conduct by others
- Any other foreseeable or unforeseeable risk associated with real-world participation
16. No Medical Services Provided
Cardeon is not a healthcare provider. The Service does not constitute medical advice, therapy, counseling, diagnosis, treatment, crisis intervention, or emergency response. Cardeon does not supervise, monitor, or control user participation in activities occurring outside the digital platform. Users should consult qualified medical professionals before participating in physical or wellness-related activities.
17. No Duty to Monitor or Protect
Cardeon, its employees, officers, contractors, and agents have no duty to:
- Monitor user safety or supervise activities
- Verify the safety or suitability of any activity for any particular user
- Track user location or movement
- Prevent criminal acts by third parties
- Contact emergency services on behalf of users
- Intervene in dangerous or harmful situations
- Ensure activities are medically or physically appropriate for users
18. Modifications to Service
Cardeon may modify, suspend, or discontinue portions of the Service at any time without prior notice or liability.
19. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Eva, LLC and Cardeon, and each 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, insurers, and representatives (collectively, the "Protected Parties"), as well as all Business Clients, pilot clients, participating organizations, employers, healthcare providers, insurers, benefits administrators, wellness vendors, staffing agencies, educational institutions, nonprofit partners, coaches, consultants, reseller partners, and seat license purchasers, from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Service, your participation in any activity, your violation of any applicable law or these Terms, your conduct or content, or any third-party claims arising from your participation.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY PROTECTED PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY, ILLNESS, DISABILITY, OR WRONGFUL DEATH; EMOTIONAL DISTRESS; PROPERTY DAMAGE OR FINANCIAL LOSS; CRIMINAL CONDUCT OR THIRD-PARTY ACTIONS; ENVIRONMENTAL HAZARDS; EXERCISE-RELATED INJURIES; ASSAULT OR THEFT; DATA LOSS; OR BUSINESS INTERRUPTION. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ANY LIABILITY IS FOUND, THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CARDEON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). FOR THE AVOIDANCE OF DOUBT, SUBSCRIPTION FEES PAID ARE NOT REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THE CANCELLATION POLICY IN SECTION 10.
21. Binding Arbitration & Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ADMINISTERED BY A NATIONALLY RECOGNIZED ARBITRATION PROVIDER, UNDER THAT PROVIDER'S CONSUMER OR COMMERCIAL ARBITRATION RULES, AS APPLICABLE. ARBITRATION SHALL OCCUR IN NEW HANOVER COUNTY, NORTH CAROLINA UNLESS OTHERWISE REQUIRED BY LAW.
BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
22. Electronic Consent
Electronic acceptance of these Terms carries the same legal effect as a handwritten signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.
23. Intellectual Property
All Service content, software, trademarks, trade dress, and intellectual property are owned by or licensed to Eva, LLC. No rights are granted except the limited license set forth in Section 12.
24. Termination
Cardeon may suspend or terminate your access to the Service at any time, with or without cause or notice. Upon termination, all licenses granted hereunder cease immediately. Active subscriptions terminated by Cardeon without cause will be refunded on a prorated basis. Sections 15, 16, 17, 19, 20, 21, and 23 survive termination.
25. Governing Law & Venue
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. Any permitted court proceedings shall occur exclusively in New Hanover County, North Carolina.
26. Changes to Terms
Cardeon may update these Terms at any time. Where changes are material, Cardeon will provide reasonable notice through the Service or by email. Continued use of the Service after updates constitutes acceptance of the revised Terms.