MIDNIGHT

Terms of Service

Effective date: July 12, 2026

These Terms of Service (“Terms”) are an agreement between you and Midnight Health LLC, a New Jersey limited liability company (“Midnight,” “we,” “us”), governing your use of the Midnight iOS and web apps (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Midnight is not medical care

The Service provides general wellness information and organizational tools. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for the judgment of a physician or other qualified healthcare provider. Never disregard or delay professional medical advice because of something you saw in the Service. If you think you may have a medical emergency, call 911 or your local emergency number immediately.

2. AI-generated content

Parts of the Service — goal interpretation, chat responses, and nudges — are generated by artificial intelligence. AI output can be incomplete, out of date, or wrong, and may not account for your individual medical circumstances. It is provided for informational purposes only, and you use it at your own discretion.

3. Health professionals are independent

The Service lets you optionally link with a health professional (such as a coach or nutritionist) who can view your data and set goals and checkpoints with you. Professionals are independent providers, not employees, contractors, or agents of Midnight. We do not supervise, direct, or verify the credentials of professionals, and we are not responsible for the advice or services they provide. Your relationship with a professional is directly between you and them.

4. Eligibility and accounts

• You must be at least 18 years old to use the Service.
• You are responsible for keeping your login credentials secure.
• The information you provide must be accurate and yours.
• One account per person; you may not share or transfer your account.

5. Acceptable use

You agree not to: misuse or attempt to circumvent the Service’s security or access controls; access another user’s data without authorization; use the Service to harass or harm anyone; reverse engineer the Service except where the law permits; or use the Service in violation of applicable law.

6. Fees

The Service is currently free. We may introduce paid subscriptions in the future (including through Apple In-App Purchase); if we do, pricing and billing terms will be presented to you before you are charged, and continued use of paid features will require an active subscription.

7. Your content and data

You own the content and data you put into the Service. You grant us a limited license to host, process, and display it solely to operate and improve the Service for you, as described in our Privacy Policy. You can request deletion of your account and data at any time.

8. Our property

The Service — including its software, design, and branding — is owned by Midnight Health LLC and protected by intellectual-property laws. These Terms do not grant you any rights in the Service other than the limited right to use it.

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA (INCLUDING HEALTH METRICS AND AI OUTPUT) WILL BE ACCURATE OR COMPLETE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDNIGHT HEALTH LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, HEALTH OUTCOME, OR PROFIT, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless Midnight Health LLC from claims arising out of your violation of these Terms or misuse of the Service.

12. Termination

You may stop using the Service and request account deletion at any time. We may suspend or terminate accounts that violate these Terms. Sections 7–13 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Before filing any claim, you agree to first contact us at woody@mdnt.health and give us 30 days to try to resolve the dispute informally. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in New Jersey.

14. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will update the effective date above and notify you in the app before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

Contact

Midnight Health LLC, New Jersey, USA — woody@mdnt.health