Motivation Alliance

Terms of Service

Program Sponsor Terms and BSDI Platform Terms

Document roles and contact information
ROLE	ENTITY / CONTACT
Program Sponsor	Brittingham Software Design, Inc. (BSDI)
Platform Provider	Brittingham Software Design, Inc. (BSDI)
Service	Motivation Alliance workplace wellbeing portal, mobile experience, integrations, and related services
Effective Date	July 23, 2026
Privacy Policy	https://www.motivationalliance.com/privacy

Defined Roles and Terms

“Account” means the credentials and participant profile used to access the Services.

“Administrator” means an individual authorized by the Program Sponsor to administer the Program or receive reports.

“Connected Data” means data and related metadata obtained from, sent to, or derived from a Connected Service, including activity, fitness, wellness, health-related, device, account, and synchronization data.

“Connected Service” means a third-party app, device, wearable, operating-system framework, data platform, application programming interface, or service connected to the Services, including Google’s Health Connect platform (also known as Health Connect by Android).

“Participant,” “you,” and “your” mean the individual who accesses or uses the Services.

“Program” means the wellbeing, engagement, health promotion, fitness, incentive, challenge, education, assessment, coaching, or related program made available through the Services.

“Program Rules” means the descriptions, eligibility criteria, challenge rules, reward terms, deadlines, disclosures, and other requirements presented for a particular Program feature.

“Program Sponsor” or “Sponsor” means the organization identified in the role table that makes the Program available to Participants.

“Services” means the Motivation Alliance portal, mobile experience, integrations, content, features, and related support made available by or through BSDI.

In Part I, “Sponsor,” “we,” “us,” and “our” refer to the Program Sponsor identified above. Part I governs the Sponsor’s Program, content, communications, rewards, and participant relationship. BSDI is separately protected by Part II.

A1. Acceptance, Authority, and Eligibility

You may use the Services only if you are eligible for the Program, can form a binding agreement under applicable law, and are not prohibited from using the Services. Unless the Sponsor states otherwise, you must be at least 18 years old. If the Sponsor permits a minor to participate, the minor may use the Services only with the consent and supervision of a parent or legal guardian, and Connected Services may remain unavailable because of provider age restrictions.

If you accept these Terms for another person, you represent that you are authorized to do so. If your access is associated with employment, benefits, membership, or another relationship with the Sponsor, these Terms do not create or alter an employment, benefit-plan, clinical, fiduciary, or other relationship except as expressly stated.

A2. Account Registration and Security

You must provide accurate, current, and complete information and keep it updated. You may not impersonate another person, create an Account for someone without authority, share credentials, or permit unauthorized access. You are responsible for activity occurring through your Account to the extent permitted by law and must promptly notify the Sponsor or BSDI support if you suspect unauthorized access, loss of credentials, or a security incident.

The Sponsor may require identity verification, single sign-on, multifactor authentication, or other access controls. An Account is personal and may not be sold, transferred, or assigned.

A3. Program Features and Program Rules

The Program may include activity tracking, challenges, assessments, educational content, behavior logging, coaching, scheduling, biometric or screening integrations, incentives, rewards, communications, and other features. Available features vary by Sponsor configuration, location, eligibility group, device, and time.

Program Rules presented with a specific feature are incorporated into these Terms. Program Rules control the operational details of that feature, but they may not modify Part II. The Sponsor may correct errors, verify activity, reject duplicate or implausible entries, and adjust Program results when reasonably necessary to preserve fairness, security, or compliance.

A4. Incentives, Rewards, Challenges, and Promotions

The Sponsor determines eligibility, qualifying activities, deadlines, point values, reward availability, fulfillment methods, substitutions, and any limits. Participation does not guarantee a reward or benefit. Rewards may expire, may have no cash value, may be nontransferable, and may be subject to separate issuer terms, taxes, payroll treatment, benefit-plan rules, or other legal requirements.

The Sponsor may withhold, reverse, or recover credit or rewards associated with inaccurate, duplicate, manipulated, fraudulent, or ineligible activity. Sweepstakes, drawings, contests, or chance-based promotions are governed by separate official rules where required; those rules control for that promotion.

A5. Acceptable Conduct

You will use the Program and Services lawfully, honestly, and for their intended purposes. You may not:

submit fabricated, manipulated, duplicate, or misleading activity, health, eligibility, identity, or reward information;
impersonate another person, access another participant’s information, or attempt to defeat eligibility, security, or fraud controls;
harass, threaten, discriminate against, defame, or invade the privacy of another person;
upload unlawful, infringing, malicious, deceptive, or harmful content or code;
use bots, scripts, scraping, automated extraction, or unauthorized interfaces to access the Services;
interfere with the Program, Services, networks, accounts, rankings, challenges, or other participants; or
use the Services in a manner that violates applicable law, Program Rules, third-party terms, or Part II.

A6. Participant Content

If the Services allow you to submit text, images, comments, goals, logs, or other content (“Participant Content”), you retain your rights in that content. You grant the Sponsor and BSDI a nonexclusive, worldwide, royalty-free license to host, copy, transmit, display, format, and otherwise process Participant Content only as reasonably necessary to provide, secure, administer, and improve the Program and Services, enforce these Terms, or comply with law.

You represent that you have the rights needed to submit Participant Content and that it does not violate law or another person’s rights. The Sponsor or BSDI may remove or restrict Participant Content that violates these Terms, creates risk, or is not appropriate for the Program.

A7. Communications and Electronic Records

The Sponsor and BSDI may send service, security, account, Program, deadline, reward, and administrative communications by email, text message, push notification, in-portal message, or other electronic means. Message and data rates may apply. Where marketing consent is required, marketing communications will be handled separately, and you may opt out as described in the communication. Opting out of marketing does not stop necessary service or transactional messages.

You consent to receive these Terms, notices, disclosures, and records electronically. You may retain copies by printing or saving them. The Services are not an emergency communication channel.

A8. Health, Fitness, and Wellness Disclaimer

The Program and Services support general wellbeing, education, engagement, and self-management. They are not a medical device and do not diagnose, treat, cure, or prevent any disease or medical condition. Content, assessments, calculations, scores, reminders, recommendations, Connected Data, and reports are not medical advice and are not a substitute for advice from a qualified healthcare professional.

Consult an appropriate healthcare professional before beginning or changing an exercise, nutrition, stress-management, sleep, or other health-related activity, particularly if you have symptoms, a medical condition, take medication, are pregnant, or have been advised to limit activity. Stop and seek appropriate care if you experience concerning symptoms. For an emergency, call 911 or the applicable local emergency number; do not rely on the Services.

The privacy policy and in-product disclosures presented in the portal describe how the Sponsor and BSDI collect, use, retain, and disclose information. Depending on Program configuration and your choices, authorized Administrators may receive participation, completion, eligibility, incentive, challenge, or other reports. Reports may be individual-level, aggregate, or de-identified as described at the point of collection or connection and in the applicable privacy disclosures.

Connected Data may be used to administer disclosed Program activities, completion requirements, and incentives. It may not be used to make decisions about hiring, termination, promotion, discipline, compensation, job assignment, general employment suitability, credit, lending, or eligibility for insurance coverage. This restriction does not prevent the lawful administration of a clearly disclosed wellness incentive, reward, or benefit feature.

The Sponsor is responsible for its own decisions and for any independent use of information after lawful receipt. Questions about Sponsor access, Program use, or eligibility should be directed to the Sponsor. BSDI’s handling of platform and Connected Data is governed by Part II and the applicable privacy policy.

A10. Suspension, Deactivation, and Program End

The Sponsor may suspend or deactivate your Program access if you are no longer eligible, the Program ends, your relationship with the Sponsor changes, you violate these Terms or Program Rules, or suspension is reasonably necessary for security, investigation, compliance, or system integrity. You may stop using the Services at any time.

Suspension or deactivation may prevent further data synchronization, Program credit, or reward fulfillment. Information already collected will be handled under the applicable privacy policy, legal requirements, Sponsor instructions, and Part II. Deactivating an Account does not automatically delete information from a Connected Service, and disconnecting a Connected Service does not necessarily delete data already imported into the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SPONSOR-PROVIDED PROGRAM, PROGRAM CONTENT, REWARDS, AND ADMINISTRATIVE DECISIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SPONSOR DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SPONSOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST REWARDS, BENEFITS, DATA, PROFITS, OR OPPORTUNITIES, ARISING FROM THE PROGRAM. THE SPONSOR’S AGGREGATE DIRECT LIABILITY TO YOU UNDER PART I WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID DIRECTLY TO THE SPONSOR FOR PARTICIPANT ACCESS DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW.

You will indemnify and hold the Sponsor harmless from third-party claims, damages, and reasonable costs arising from your unlawful use, Participant Content, fraud, infringement, or material violation of Part I, except to the extent caused by the Sponsor’s own negligence, willful misconduct, or violation of law. This obligation may not apply to consumers or government personnel where prohibited.

The Sponsor may update Part I or Program Rules to reflect Program changes, legal requirements, or operational needs. Material changes will be communicated through reasonable means and will apply prospectively. If a change requires new consent for a new data use, the new use will not begin until the required consent is obtained.

Except where applicable law requires otherwise, Part I is governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, and disputes relating solely to Part I must be brought in state or federal courts located in New Jersey. Mandatory consumer protections and governmental immunities or venue requirements remain unaffected.

Sponsor contact: Brittingham Software Design, Inc. (BSDI), P.O. Box 357, Califon, New Jersey 07830; support@motivationalliance.com. Privacy requests may be sent to privacy@bsdiweb.com.

In Part II, “BSDI,” “we,” “us,” and “our” mean Brittingham Software Design, Inc. Part II is imposed by BSDI as the provider of the Motivation Alliance platform and applies in every deployment, including white-labeled deployments. The Program Sponsor is not authorized to alter, delete, waive, or replace Part II.

Part II governs the Services, BSDI technology and content, Connected Services, Connected Data, platform access, security, intellectual property, disclaimers, limitations, and the relationship between you and BSDI. Any Sponsor term, Program Rule, notice, promise, or statement that purports to modify Part II is void and not binding on BSDI unless an authorized BSDI officer expressly agrees in a separate writing that identifies the specific provision being modified.

If Part I or another participant-facing term conflicts with Part II on a matter covered by Part II, Part II controls. A separate commercial agreement between BSDI and the Sponsor may allocate responsibilities between those entities, but you are not a third-party beneficiary of that agreement unless it expressly says otherwise.

B2. Limited Right to Use the Services

Subject to these Terms, BSDI grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable right to access and use the Services for your own authorized participation in the Program. This right ends when your Account or access ends. No other rights are granted by implication, estoppel, or otherwise.

B3. BSDI Ownership and Feedback

BSDI and its licensors own the Services and all related software, interfaces, workflows, designs, databases, compilations, documentation, content, trademarks, service marks, logos, and intellectual property, excluding your personal information, Connected Data, Participant Content, and third-party content. You may not remove or obscure proprietary notices.

If you voluntarily provide ideas, suggestions, or feedback about the Services, BSDI may use them without restriction or compensation, provided BSDI does not identify you publicly without permission.

B4. Platform Restrictions

Except as expressly permitted by law or BSDI in writing, you may not:

copy, modify, translate, adapt, distribute, sell, lease, sublicense, or create derivative works of the Services;
reverse engineer, decompile, disassemble, discover source code, or circumvent technical protections;
scrape, crawl, index, extract, benchmark for publication, or use automated means to access the Services or data;
probe, scan, test, or exploit vulnerabilities, bypass access controls, or interfere with security or operation;
introduce malware, harmful code, excessive load, or unauthorized data;
access the Services to build or assist a competing product or to provide service-bureau access;
use another person’s credentials, misrepresent identity or data origin, or access data without authorization; or
use the Services, Connected Services, or Connected Data for an unlawful, unsafe, deceptive, discriminatory, or prohibited purpose.

B5. Connected Services and Connected Data

B5.1 Voluntary Connection and Authority

Connecting a Connected Service is optional unless a particular Program feature clearly states otherwise. You may connect only an account, app, device, or data source that you own or are authorized to use. You represent that you have the right to direct the Connected Service to disclose data to BSDI and to direct BSDI to process that data as described in these Terms and the in-product disclosure.

If you decline or revoke a connection, some tracking, challenge, verification, reporting, incentive, or reward features may be unavailable. Where feasible, the Sponsor may offer manual entry or another method, but neither BSDI nor the Sponsor guarantees an alternative.

B5.2 Data Types and Minimum Access

A connection may involve data such as steps, distance, activity duration, exercise and workout records, energy expenditure, nutrition, body measurements, sleep, heart rate or other wellness metrics, and related source, device, timestamp, permission, and synchronization metadata. The specific data types requested will be shown through the Connected Service permission flow or related disclosure.

BSDI will request access only to data types reasonably necessary for enabled, visible user-facing features. Availability depends on Sponsor configuration, device and operating-system support, provider permissions, geographic location, and the Connected Service. BSDI does not intentionally request data solely for speculative or undisclosed future use.

B5.3 Your Processing Instruction

When you initiate and authorize a connection, you instruct and authorize BSDI to request, receive, import, validate, normalize, deduplicate, store, organize, combine, calculate from, display, transmit, export, and otherwise process Connected Data only as needed for the permitted purposes in B5.4, the choices you make, the Program configuration, and applicable law and provider policies. This authorization does not transfer ownership of your Connected Data to BSDI.

B5.4 Permitted Purposes

BSDI may use Connected Data only to provide, secure, support, troubleshoot, measure, or improve the applicable Program use case and user-facing features, including:

displaying your activity, fitness, wellness, or health-related information in the Services;
synchronizing information across authorized devices and Services;
calculating progress, totals, trends, achievements, challenge standings, completion, or incentive status;
providing user-facing insights, reminders, recommendations, or educational experiences;
preventing fraud, duplicate credit, abuse, unauthorized access, and security incidents;
providing support that you request and consent to;
producing Program reports as described in B5.5; and
creating aggregate or de-identified operational information to secure, maintain, measure, and improve the relevant user-facing Services, subject to applicable provider policies and law.

BSDI will not use Connected Data for an undisclosed secondary purpose. If BSDI proposes a materially different use, it will update the applicable disclosures and obtain any consent required before beginning that use.

Depending on Program configuration, Connected Data or information derived from it may be used to verify participation, completion, challenge results, or incentive status and may be disclosed to authorized Administrators. Before identifiable Connected Data is disclosed to a Sponsor or other third party when explicit consent is required, the Services will provide or direct you to a separate, in-context disclosure identifying the relevant data, recipient, and purpose and will obtain the required affirmative consent.

Acceptance of these Terms alone does not replace that separate disclosure and consent. If you do not consent, BSDI will not make the consent-dependent disclosure, but the related Program feature, credit, incentive, or reward may be unavailable. BSDI may provide aggregate or de-identified reporting where permitted by law and provider policy.

B5.6 Limited-Use Commitments and Prohibited Uses

BSDI will not, and will not knowingly permit a Sponsor, service provider, or other recipient to, use Connected Data for purposes prohibited by applicable provider policies or law. In particular, Connected Data will not be:

sold, rented, licensed, or transferred to advertising platforms, data brokers, information resellers, or similar entities;
used to serve, personalize, retarget, or measure advertising or to build advertising profiles;
used to determine creditworthiness, lending terms, insurance eligibility, hiring, termination, promotion, discipline, compensation, job assignment, or general employment suitability;
used for surveillance or monitoring unrelated to the disclosed Program and user-facing features;
used with a product or service that qualifies as a medical device unless all required regulatory approvals, clearances, and user consents are in place;
used for a purpose involving Protected Health Information as defined by HIPAA unless the use is user-initiated, legally compliant, and supported by any required agreements; or
used in high-risk systems or activities where failure could reasonably lead to death, personal injury, or significant property or environmental harm.

The restrictions on employment and insurance use do not prevent the lawful administration of a clearly disclosed corporate wellness activity, completion criterion, incentive, reward, or benefit feature. Connected Services will not be used for a service or feature solely directed to children.

B5.7 Human Access and Service Providers

BSDI limits human access to Connected Data. BSDI personnel or contractors may access identifiable Connected Data only when you have affirmatively agreed to specific support, when reasonably necessary for security or abuse investigation, when required by law, or when otherwise permitted by applicable provider policy. Aggregate or de-identified data may be accessed for lawful internal operations.

BSDI may use hosting, security, communications, support, analytics, fulfillment, and other service providers to operate the Services. Such providers may process Connected Data only on BSDI’s documented instructions, for permitted purposes, under confidentiality and security obligations, and without independent advertising, sale, or data-broker use. BSDI will obtain any consent required by provider policy or law before a consent-dependent transfer.

B5.8 Permissions, Pause, Revocation, and Disconnection

You control whether a Connected Service remains connected. Available controls may allow you to pause synchronization, disconnect, or manage permissions within the Services, the Connected Service, your device, or operating-system settings. For Health Connect, you may manage permissions through Health Connect settings and any access-management link made available in the Services.

Revoking permission or disconnecting stops future access after the change takes effect, but it does not necessarily delete Connected Data already imported, reports already generated, rewards already processed, or records the Sponsor or BSDI must retain. Deletion is addressed in B7. A provider or device may require an app restart or other step before a permission change is fully reflected.

B5.9 Data Quality, Timing, and Source Attribution

Connected Data may be inaccurate, incomplete, delayed, duplicated, inconsistent, unavailable, or affected by device placement, algorithms, user behavior, provider outages, permission changes, time zones, synchronization windows, or source-app settings. BSDI may normalize, deduplicate, or apply Program rules, but BSDI does not independently verify clinical or scientific accuracy and does not guarantee that every source record will be imported or credited.

Where the Services identify a data source, the attribution reflects available metadata and may not identify the original sensor or person. You should review important information at its source and contact the applicable provider regarding source-data errors. Connected Data must not be relied on for diagnosis, treatment, emergency response, or another high-risk decision.

B5.10 Health Connect by Android

Health Connect is an Android platform that enables supported apps and devices to store and share health and fitness data on a user’s device. Data obtained through Health Connect may originate from Google, Fitbit, another app, another device, manual entry, or another source. Google does not sponsor, endorse, or control the Motivation Alliance Services, the Sponsor, or BSDI, and Google is not responsible for the Services or the accuracy, completeness, or use of data after it is made available to BSDI.

Your use of Health Connect remains subject to Google’s and Android’s applicable terms, policies, permissions, and device controls. “Google,” “Android,” “Health Connect,” and related marks are the property of their respective owners. BSDI may suspend or discontinue the Health Connect integration if required by Google, Android, law, security needs, or technical changes.

B6. Privacy and Security

The privacy policy displayed in the Services, including any mandatory BSDI privacy terms, is incorporated by reference and describes the collection, use, disclosure, retention, and rights applicable to personal information. BSDI’s current public privacy policy is available at https://www.motivationalliance.com/privacy. If the portal displays a Sponsor-specific privacy policy, review both the Sponsor provisions and the BSDI provisions.

BSDI uses commercially reasonable administrative, technical, and physical safeguards designed to protect information, including encryption in transit and at rest where appropriate, access controls, monitoring, and incident-response procedures. No method of transmission, storage, or security is infallible, and BSDI cannot guarantee absolute security. You are responsible for securing your Account, device, email, and Connected Service credentials.

BSDI and the Sponsor may have different legal roles depending on the Program and applicable contracts. Nothing in these Terms changes any obligations imposed by applicable privacy, consumer health data, employment, benefit-plan, medical, accessibility, records, or public-sector law.

B7. Retention, Deletion, Export, and Account Deactivation

BSDI retains personal information and Connected Data only as reasonably necessary to provide the Services, administer the Program, fulfill Sponsor instructions, maintain security and records, resolve disputes, enforce agreements, or comply with law, subject to the applicable privacy policy and provider requirements. Retention may vary by data type, Program, legal status, and Sponsor configuration.

You may request access, correction, export, or deletion through available Account or privacy settings, by contacting the Sponsor, or by emailing privacy@bsdiweb.com. BSDI may need to verify your identity and coordinate with the Sponsor. BSDI will delete, de-identify, or return information as required by applicable law, provider policy, and contractual instructions, subject to lawful exceptions. Residual copies may remain temporarily in protected backups, logs, fraud records, or legal archives and will not be used for unrelated purposes.

Deleting data from the Services does not delete the corresponding source data from a Connected Service. Deleting or changing source data does not necessarily delete a prior import from the Services. You may need to manage each location separately. Account deactivation ends future access and synchronization after it takes effect, but does not automatically erase all information.

B8. Third-Party Services, Content, and Terms

Connected Services, links, rewards, content, devices, applications, and other third-party products are provided by independent parties and may be governed by separate terms, privacy policies, fees, warranties, eligibility rules, and technical requirements. BSDI does not control and is not responsible for a third party’s product, content, data practices, availability, security, accuracy, acts, or omissions, except to the extent BSDI is legally responsible for its own selection or management of a service provider.

A third party may change, restrict, suspend, or discontinue access at any time. BSDI may modify or remove an integration in response. References to a third party do not imply endorsement, partnership, or sponsorship. You must comply with the third party’s terms and may not use the Services to cause BSDI or another person to violate them.

B9. Service Availability, Maintenance, and Changes

BSDI may maintain, update, patch, enhance, reconfigure, replace, suspend, or discontinue features or integrations. The Services may be unavailable because of maintenance, outages, security events, provider changes, network conditions, force majeure, or other circumstances. BSDI does not guarantee uninterrupted operation, a particular feature, compatibility with every device, or preservation of historical third-party data.

BSDI may update Part II to reflect changes in law, provider requirements, security, technology, or the Services. Material changes will be communicated through reasonable means and will apply prospectively. If a change materially expands the use of Connected Data, BSDI will provide updated disclosures and obtain any consent required before the new use begins. Your continued use after the effective date constitutes acceptance where permitted by law; otherwise, stop using the Services and disconnect Connected Services.

B10. Suspension and Termination

BSDI may suspend or terminate access, a feature, or an integration if reasonably necessary to address a violation, security risk, suspected fraud, legal requirement, provider instruction, technical issue, Sponsor request, end of Sponsor service, or threat to the Services or another person. Where appropriate, BSDI may provide notice and an opportunity to cure, but immediate action may be taken when necessary.

Upon termination, your license ends and you must stop using the Services. Provisions that by their nature should survive will survive, including ownership, connected-data restrictions, disclaimers, limitations, indemnity, dispute terms, and general provisions. Data will be handled under B7 and the applicable privacy policy.

B11. BSDI Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, CONNECTED SERVICES, CONNECTED DATA, CALCULATIONS, CONTENT, INTEGRATIONS, REPORTS, AND SUPPORT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” BSDI DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SECURITY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BSDI DOES NOT WARRANT THAT THE SERVICES OR DATA WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, CURRENT, SECURE, COMPATIBLE, OR SUITABLE FOR A PARTICULAR PROGRAM, DEVICE, MEDICAL, EMPLOYMENT, BENEFIT, OR LEGAL PURPOSE; THAT DEFECTS WILL BE CORRECTED; OR THAT USE WILL PRODUCE A PARTICULAR HEALTH, FITNESS, ENGAGEMENT, REWARD, OR OTHER OUTCOME. THE SERVICES ARE NOT A MEDICAL DEVICE, MEDICAL ADVICE, OR AN EMERGENCY SERVICE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, THE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED.

B12. Limitation of BSDI Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSDI AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, REWARDS, BENEFITS, OR USE; COST OF SUBSTITUTE SERVICES; OR DAMAGES ARISING FROM A CONNECTED SERVICE, SPONSOR DECISION, DATA ERROR, SECURITY EVENT, INTERRUPTION, OR UNAUTHORIZED ACCESS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BSDI’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICES OR PART II WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID DIRECTLY TO BSDI FOR PARTICIPANT ACCESS TO THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE APPLICABLE LAW PROHIBITS LIMITATION. YOUR MANDATORY STATUTORY RIGHTS REMAIN UNAFFECTED.

B13. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless BSDI and its affiliates, licensors, service providers, officers, directors, employees, and agents from third-party claims, damages, judgments, losses, liabilities, and reasonable costs, including attorneys’ fees, arising from your unlawful use, Participant Content, fraud, infringement, unauthorized access, misuse of a Connected Service, or material violation of Part II. You have no indemnity obligation to the extent a claim is caused by BSDI’s negligence, willful misconduct, or violation of law. This section does not apply to consumers or government personnel to the extent prohibited by applicable law.

B14. Governing Law and Disputes

Except where applicable law requires otherwise, Part II and disputes between you and BSDI are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles. You and BSDI consent to exclusive jurisdiction and venue in the state and federal courts located in New Jersey. Before filing a claim, each party will make a reasonable effort to resolve the dispute informally by providing written notice describing the issue and requested relief.

This section does not waive mandatory consumer protections, governmental immunities, administrative remedies, or venue rights that cannot be waived. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

B15. General Terms and BSDI Contact

Entire agreement. These Terms, the applicable privacy policy, Program Rules, and any specific feature terms form the participant-facing agreement concerning the Services. Part II controls conflicts within its scope.

Assignment. You may not assign or transfer your rights or obligations without BSDI’s written consent. BSDI may assign Part II in connection with a reorganization, merger, acquisition, financing, or sale of assets, but Connected Data will not be transferred in a manner requiring consent unless the required consent is first obtained.

Force majeure. BSDI is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, labor disputes, utility or network failures, cyberattacks, government action, or third-party platform outages.

Severability. If a provision is unenforceable, it will be enforced to the maximum lawful extent or modified narrowly, and the remaining provisions remain effective.

No waiver. A failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance.

No agency or third-party beneficiaries. These Terms do not create an agency, partnership, joint venture, fiduciary relationship, or third-party beneficiary right. Google, Android, Connected Service providers, and app stores are not responsible for BSDI’s performance unless their own terms state otherwise.

U.S. Government users. The Services and documentation are commercial computer software and commercial computer software documentation developed exclusively at private expense. Government rights are limited to those customarily provided to the public, except as stated in a controlling written government contract.

Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” Electronic acceptance and records have the same effect as paper signatures and records where permitted by law.

Notices. BSDI may provide notices through the Services, email, or other reasonable electronic means. Legal notices to BSDI must be sent to the postal address below, with a copy by email where available.

BSDI contact: Brittingham Software Design, Inc., P.O. Box 357, Califon, New Jersey 07830. Service support: support@motivationalliance.com. Privacy and data-rights requests: privacy@bsdiweb.com.

END OF TERMS OF SERVICE