Terms of Service

Effective date: June 14, 2026  ·  Version: 1.1  ·  Operator: Icemint LLC

1. Who We Are; Acceptance

Tawen ("Tawen," "we," "us," or "our") is operated by Icemint LLC, a limited liability company organized under the laws of the State of Wyoming, United States, with its principal place of business at 30 N Gould St, Ste R, Sheridan, WY 82801 (the "Company"). The Company is the contracting party for all users of the Services.

These Terms of Service (the "Terms") govern your access to and use of:

By downloading, installing, or using the Services, and by tapping "I accept the Terms of Service" on the acceptance screen presented at first launch of the App, you (the "User" or "you") accept these Terms and form a binding agreement with the Company. If you do not accept these Terms, do not use the Services.

Geographic scope. The Services are offered only to users located in the United States and Canada. The Services are not offered to, marketed to, or directed at users in the European Economic Area (EEA), United Kingdom, Switzerland, or any other jurisdiction. The App is geo-restricted at the Google Play Store level and is not available for download outside the United States and Canada through authorized distribution channels.

If you access or use the Services from outside the United States or Canada (whether by sideloading, VPN, account-region change, or any other means), you (a) acknowledge that you are not within the intended user base for the Services, (b) agree that these Terms are void ab initio with respect to your access and that you have no entitlement to the Services or to any remedy in connection with the Services, and (c) agree to uninstall the App and discontinue all use of the Services immediately. The Company makes no representation or warranty that the Services comply with the laws of any jurisdiction other than the United States and Canada.

Minimum age. You must be at least 16 years old to use the Services. By using the Services you represent that you meet this requirement. The Services are not directed to children under 13, and we do not knowingly collect personal information from anyone under 16. See the Privacy Policy for our age-related practices.

2. What Tawen Is — and What It Isn't

2.1 General wellness only. Tawen is a general wellness product as described in the U.S. Food and Drug Administration's General Wellness: Policy for Low Risk Devices guidance (Final Guidance, January 6, 2026). It is not a medical device, clinical tool, fitness tracker, or diagnostic instrument. Tawen does not undergo FDA premarket review and is not cleared, approved, or registered by FDA.

2.2 Privacy by architecture. Tawen is designed so that the wellness data used to compute your readiness score stays on your device. We do not receive, store, or process your health data on our servers. See the Privacy Policy for the full architecture and the limited categories of non-health telemetry that do leave your device (such as anonymous crash reports).

2.3 Not medical advice. Nothing in the Services constitutes medical advice, a medical opinion, a clinical recommendation, or a substitute for consultation with a physician or other qualified healthcare professional. Do not start, stop, or change any medication, nutrition program, exercise regime, or medical treatment based on Tawen outputs without first consulting a qualified healthcare professional.

2.4 Score accuracy limitations. THE READINESS SCORE AND ALL PILLAR SCORES ARE ESTIMATES ONLY. They are derived from sensor inputs subject to known and unknown limitations including poor signal quality, motion artifact, sensor placement variation, device compatibility gaps, data sync delays, and individual physiological variation. THEY ARE NOT GUARANTEED TO BE ERROR-FREE OR ACCURATE. If there is any conflict between Tawen's outputs and your healthcare provider's advice, follow your healthcare provider's advice.

2.5 No emergency services. The Services are not designed for use in emergency or life-threatening situations. Tawen does not provide emergency response capabilities. For medical emergencies, contact emergency services immediately (911 in the United States; 911 or your local equivalent in Canada).

2.6 AI-generated content. Certain outputs, including the daily insight narrative, are generated by artificial intelligence (on-device Gemini Nano) on supported devices; where on-device AI is unavailable, the App produces a rule-based explanation. Weekly reports are currently generated by an on-device rule-based summary. AI-generated content is labeled as such throughout the App. AI outputs may contain errors, may be inconsistent, and do not reflect our views or constitute medical advice. You use AI-generated outputs at your own risk.

3. Your Account and Use of the Services

3.1 No account required. Tawen does not require account registration. Your data is stored locally on your device.

3.2 Your responsibilities. You are responsible for the security of your device and for all activity that occurs through your installation of the App. Because your wellness data is stored on your device, securing your device (lock screen, biometric, OS updates) is the most important step you can take to protect your data.

3.3 Acceptable use. You must not, and must not permit any third party to:

3.4 Export controls. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, and that you are not on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List.

4. Tawen Pro — One-Time Purchase

4.1 What Tawen Pro is. Tawen Pro is a one-time in-app purchase of US$4.99 (price may vary by territory and currency as shown in the Google Play Store at the time of purchase) that unlocks extended features including 90-day score history, weekly insight reports (in plain English), and trend analysis. Tawen Pro is a perpetual license tied to the purchasing Google account. It is not a subscription and carries no recurring fees.

4.2 Purchase and payment. All purchases are processed by Google LLC through the Google Play Store. You agree to Google Play's payment terms in addition to these Terms. The Company receives only an anonymized order identifier and purchase token; your payment details are held exclusively by Google.

4.3 Refunds.

All users: Google Play offers a standard refund window (currently 48 hours for most in-app purchases — see support.google.com/googleplay). After that window, contact us at [email protected] if Pro features are defective, unavailable, or fail to perform substantially as described, and we will work with you in good faith on an appropriate remedy.

California users: You may also be entitled to remedies under California Civil Code § 1789.3 and California Business and Professions Code §§ 17200 et seq. To file a complaint about the Services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Sacramento, CA 95834 or (800) 952-5210.

Canadian users: In addition to the remedies above, you retain any non-waivable rights you have under applicable Canadian federal and provincial consumer protection legislation.

4.4 No auto-renewal. Tawen Pro is a one-time purchase. There is no subscription, no renewal, and no recurring charge. We will not change this without giving you at least thirty (30) days' advance notice and, if the change is materially adverse to existing Tawen Pro purchasers, offering a refund of your purchase price.

4.5 Taxes. Prices displayed in the Google Play Store may or may not include applicable taxes depending on your territory. You are responsible for any sales, use, value-added, goods-and-services, harmonized, or similar taxes assessed on your purchase, except taxes on our net income.

5. Intellectual Property

5.1 Our property. The Services, including the App, its design, code, content, trademarks, logos, and trade dress, are owned by or licensed to the Company and are protected by U.S. and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.). All rights not expressly granted to you in these Terms are reserved by the Company and its licensors.

5.2 Your license. Subject to your compliance with these Terms, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, solely for your personal, non-commercial wellness purposes.

5.3 Your data. You retain ownership of all data you input and all data derived from your wearables and Health Connect. Because that data stays on your device, the Company does not need (and does not claim) ownership of it.

5.4 Feedback. Suggestions, feedback, or ideas you provide about the Services are licensed to the Company on a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable basis for any purpose, without compensation or attribution to you.

5.5 DMCA notice and takedown. If you believe content on the Services infringes your copyright, send a written notice complying with 17 U.S.C. § 512(c)(3) to our designated DMCA agent:

Denys Vorobyov Icemint LLC 30 N Gould St, Ste R, Sheridan, WY 82801 Email: [email protected]

The Company has registered its designated DMCA agent with the U.S. Copyright Office. We will respond consistent with the Digital Millennium Copyright Act. Users who are determined to be repeat infringers will have their access terminated.

6. Disclaimers of Warranty

6.1 General disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6.2 Wellness-specific disclaimer. WITHOUT LIMITING SECTION 6.1, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL PROMOTE HEALTH OUTCOMES, IMPROVE WELLNESS, PREVENT INJURY OR ILLNESS, OR BE APPROPRIATE FOR YOUR INDIVIDUAL CONDITION.

6.3 State variations. SOME U.S. STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO PORTIONS OF SECTIONS 6.1 AND 6.2 MAY NOT APPLY TO YOU. WHERE A WARRANTY CANNOT LAWFULLY BE EXCLUDED, IT IS LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, EXCEPT WHERE SUCH LIMITATION IS ITSELF PROHIBITED BY APPLICABLE LAW (INCLUDING WITHOUT LIMITATION CERTAIN CONSUMER-PROTECTION STATUTES THAT PROHIBIT ANY SHORTENING OF IMPLIED-WARRANTY PERIODS IN CONSUMER TRANSACTIONS).

6.4 Canadian users. Nothing in this Section 6 affects any non-waivable warranties or remedies you have under applicable Canadian provincial consumer protection legislation. The application of any implied warranty that cannot lawfully be excluded is limited to the shortest period permitted by that legislation.

7. Limitation of Liability

7.1 Damages cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF (A) FIFTY U.S. DOLLARS (US$50) OR (B) THE TOTAL AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.2 Consequential loss exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, LOSS OF HEALTH OR WELLBEING OUTCOMES, OR COST OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Non-excludable liability. Nothing in Sections 6 or 7 limits or excludes the Company's liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; or (d) any other liability that cannot be excluded or limited under applicable law (including without limitation California Civil Code § 1668 and equivalent provisions of Canadian provincial consumer protection law).

7.4 State variations. Some U.S. states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you in full. In such states, the Company's liability is limited to the maximum extent permitted by applicable law.

7.5 Basis of the bargain. You acknowledge that the limitations in Sections 6 and 7 reflect a reasonable allocation of risk and are a fundamental element of the bargain between you and the Company. The Services would not be provided to you on an economically viable basis without these limitations.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, members, managers, employees, agents, and affiliates (the "Company Parties") from and against any third-party claim, demand, suit, or proceeding, including reasonable attorneys' fees and costs, arising out of or related to: (a) your violation of these Terms; (b) your misuse of the Services; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit, post, or transmit through the Services.

The Company 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 case you agree to cooperate with the Company in asserting any available defenses.

9. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

9.1 Informal resolution (mandatory precondition)

Before initiating any formal proceeding, you agree to contact the Company at [email protected] with a written description of your dispute, the relief sought, and your contact details. The parties will attempt to resolve the dispute informally within thirty (30) days of receipt of a compliant notice. This informal-resolution step is a condition precedent to filing arbitration or litigation. Statutes of limitation are not tolled during any period in which a non-compliant notice is outstanding.

9.2 Notice and claim substantiation

Any pre-arbitration demand or claim must include: (a) your full legal name and residential address; (b) the email address or device identifier associated with your use of the Services; (c) a specific factual description of the alleged wrong, including dates and specific Services interactions at issue; (d) the relief sought and the basis for calculating it; (e) a declaration, signed under penalty of perjury, that the information is true and complete to the best of your knowledge; and (f) confirmation that you have not previously asserted substantially the same claim against the Company in another proceeding. Demand letters that do not contain this information will be returned without response, and the statute of limitations is not tolled during any period in which a non-compliant demand is outstanding.

9.3 Binding arbitration agreement

Except as set forth in Sections 9.7 and 9.8, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with the Company (a "Dispute") that cannot be resolved informally under Section 9.1 shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time, as modified by these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms (other than Section 9.5) is void or voidable (the "Delegation Clause").

By accepting these Terms, you acknowledge that (a) you had the opportunity to read these Terms before accepting them, (b) you had the opportunity to seek any advice you considered necessary before accepting them, (c) the Delegation Clause is a separately enforceable agreement to arbitrate questions of arbitrability and is severable from the remainder of Section 9, and (d) if the Delegation Clause is found unenforceable, the remainder of Section 9 (including the arbitration agreement and the class-action waiver) remains in effect, but questions of arbitrability will then be decided by a court of competent jurisdiction.

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement. The arbitration shall be conducted in English. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

9.4 Arbitration procedure

Seat. Unless the parties agree otherwise, the arbitration shall be conducted by telephone, video, or written submission. If an in-person hearing is held, the seat shall be (i) the U.S. state and county of your residence at the time of filing, or (ii) if you reside in Canada, the city of Sheridan, Wyoming, United States.

Fees. The Company will pay all AAA filing, administrative, and arbitrator fees for which a consumer is otherwise responsible under the AAA Consumer Arbitration Rules, to the extent those fees exceed the equivalent court filing fee in your jurisdiction. Each party otherwise bears its own attorneys' fees, except where a statute or the arbitrator awards otherwise.

Discovery. Discovery in arbitration shall be governed by the AAA Consumer Arbitration Rules. Either party may request reasonable discovery as permitted by those rules.

Confidentiality. The arbitration, including all submissions and the award, shall be confidential as between the parties, except as necessary to enforce or challenge the award, comply with applicable law, or pursue legal or accounting advice.

9.5 Class-action waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE-ATTORNEY-GENERAL ACTION, OR REPRESENTATIVE PROCEEDING AGAINST THE OTHER. CLAIMS MUST BE BROUGHT INDIVIDUALLY. The arbitrator may not consolidate or join the claims of more than one person without the written consent of both parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Severability of this waiver. If a court of competent jurisdiction determines that the class-action waiver in this Section 9.5 is unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed from arbitration and litigated in a court of competent jurisdiction; the remainder of this Section 9 shall remain in full effect for all other claims.

9.6 Mass-arbitration protocol

If twenty-five (25) or more individual arbitration demands of a substantially similar nature are filed against the Company by or with the assistance of the same law firm, group of law firms, or coordinated organizations within a thirty (30)-day period, the AAA shall administer the demands in coordinated batches in accordance with the AAA Mass Arbitration Supplementary Rules in effect at the time, treating each claimant's case on its individual merits.

For the avoidance of doubt: (i) batching under this Section 9.6 is for administrative scheduling and case-management efficiency only; (ii) no decision in any batched proceeding is binding precedent in any non-batched case; (iii) each claimant retains the right to have their individual claim heard on the merits by an arbitrator; and (iv) any arbitrator's decision is binding only as to the individual claimant whose case is being decided.

9.7 Carve-outs

The following are not subject to arbitration under this Section 9:

9.8 Opt-out right

You may opt out of Sections 9.3 through 9.7 of these Terms by emailing [email protected] within thirty (30) days of your first acceptance of these Terms, stating your full name, the email address or device identifier associated with your use of the Services, and a clear statement that you are opting out of arbitration. The Company will confirm receipt of a valid opt-out notice by return email within five (5) business days. If you do not receive a confirmation email within five business days, you should resend your opt-out notice; the Company is responsible for ensuring confirmation, and any failure to confirm does not invalidate a valid opt-out timely sent. Opting out does not affect any other part of these Terms. If you opt out, any Dispute will be resolved in the state and federal courts located in Sheridan County, Wyoming, to which you and the Company consent to personal jurisdiction and venue.

9.9 Jury-trial waiver

EXCEPT AS OTHERWISE PROVIDED IN SECTION 9.7, YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

9.10 Time limitation on claims

Any claim or cause of action arising out of or related to the Services must be filed within one (1) year after the claim arose, or be permanently barred, except where a longer period is required by applicable law (including without limitation any mandatory consumer-protection law of a U.S. state or Canadian province in which a shorter limitation period would be unenforceable).

9.11 Serial-claimant disclosure

If you or your counsel have filed or threatened to file substantially similar claims against five (5) or more other companies in the twenty-four (24) months preceding your claim against the Company, you must disclose this history in your initial notice under Section 9.1. Failure to disclose this history is grounds for dismissal and may be raised as evidence of bad faith.

9.12 Governing law

These Terms and any Dispute arising out of or related to the Services are governed by the law of the State of Wyoming, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration agreement in this Section 9.

10. Modifications

10.1 Modifications to the Services. The Company may modify, suspend, or discontinue the Services (or any part of them) at any time. The Company will give reasonable advance notice of material changes where practical.

10.2 Modifications to the Terms. The Company may update these Terms. For material changes, the Company will notify you via the App or email (if provided) at least thirty (30) days before the changes take effect. Material changes do not apply retroactively to Disputes that arose before the effective date of the change. If a material change is unacceptable to you, your sole remedy is to stop using the Services before the effective date; continued use after the effective date constitutes acceptance. If a material change is materially adverse to Tawen Pro purchasers, the Company will offer a refund of the purchase price.

11. Third-Party Services

The Services use third-party services including Google Firebase (Crashlytics for crash reporting, Analytics for anonymous usage events, App Check for device integrity), Google Play Billing, and Android Health Connect. Your use of these services is subject to the respective terms and privacy policies of their providers. The Company is not responsible for the practices of third parties.

12. Termination

12.1 By you. You may stop using the Services at any time by uninstalling the App.

12.2 By the Company. The Company may suspend or terminate your access to the Services if you materially violate these Terms.

12.3 Survival. Sections 2, 5, 6, 7, 8, 9, 10.2, and 13 survive any termination of these Terms.

13. General

13.1 Entire agreement. These Terms, together with the Privacy Policy, the Cookie Policy, and (for Washington State residents) the Consumer Health Data Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, representations, and understandings between you and the Company on the subject.

13.2 Severability. If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force. The class-action waiver in Section 9.5 has its own internal severability provision, which governs.

13.3 No waiver. The Company's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.4 Assignment. You may not assign your rights under these Terms without the Company's prior written consent, and any purported assignment in violation of this Section is void. The Company may assign its rights and obligations under these Terms to an affiliate, to a successor in interest in connection with a merger, acquisition, or sale of substantially all assets, or otherwise without restriction.

13.5 Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or network or power failures.

13.6 Notices. Notices to the Company must be sent to [email protected]. For legal-process service, notices must be sent to the Company's registered agent at Registered Agents Inc., 30 N Gould St, Ste R, Sheridan, WY 82801. Notices to you may be sent via the App, email (if provided), or, where required by law, by first-class mail.

13.7 Language. The authoritative version of these Terms is in English. Translations may be provided for your convenience. In case of conflict, the English version prevails to the extent permitted by applicable law.

13.8 Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

13.9 Contact.

Icemint LLC 30 N Gould St, Ste R, Sheridan, WY 82801 United States Email: [email protected]

13.10 California notice. California users — see Section 4.3 for California Department of Consumer Affairs contact information.

These Terms of Service are effective June 14, 2026 (v1.1).