Hiyd · Legal

Terms of Service

Effective: May 11, 2026Last updated: May 11, 2026

These Terms of Service ("Terms") form a binding agreement between you and Hiyd Incorporated ("Hiyd," "we," "us," or "our"), a company incorporated federally in Canada, governing your use of the Hiyd mobile application, the Hiyd wearable device, our website, and related products and services (collectively, the "Service").

By creating an account, purchasing a Hiyd device, downloading our app, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility & Accounts

To use the Service, you must be at least 13 years of age. If you are under the age of majority in your jurisdiction (typically 18 in most US states and Canadian provinces, and up to 16 in parts of the European Economic Area), you may only use the Service with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

You must provide accurate information when you register and keep it current. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us at support@hiyd.ai immediately if you suspect unauthorized access.

You may not use the Service if you are barred from doing so under the laws of Canada, the United States, or any other applicable jurisdiction, or if you are located in, under the control of, or a national or resident of any country subject to a comprehensive trade embargo or designated on any government list of prohibited or restricted parties.

2. The Service

The Service helps you track wellness metrics, including sleep, heart rate, heart rate variability, steps, and voluntarily logged nutrition data. Data may be collected from the Hiyd wearable device, the Hiyd app, and (with your permission) Apple HealthKit.

The Service is provided for general wellness and informational purposes only. See Section 8 for important limitations.

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will use reasonable efforts to notify you of material changes that affect paid features.

3. License to Use the App

Subject to your compliance with these Terms, Hiyd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Hiyd mobile application for your personal, non-commercial use on devices you own or control.

You may not, and may not permit any third party to: (a) copy, modify, or create derivative works of the app; (b) reverse engineer, decompile, or attempt to extract the source code, except to the extent applicable law expressly permits; (c) rent, lease, lend, sell, sublicense, or otherwise transfer the app; (d) remove or alter any proprietary notices; or (e) use the app to develop a competing product.

4. Subscription Terms

4.1 Subscription overview

"Hiyd Premium" is an auto-renewing subscription that unlocks premium features within the Service. The subscription is offered in two billing periods:

• Annual: US $72.00 per year (equivalent to US $6.00 per month), billed once at the start of each annual period.
• Monthly: US $10.00 per month, billed at the start of each monthly period.

Prices may vary by country and are subject to applicable taxes. The currently offered price, billing period, and any free trial or introductory offer will be displayed at the point of purchase in the Hiyd app and must be accepted by you before any charge is made.

4.2 Launch promotion

When Hiyd Premium launches, all then-existing Hiyd users will receive one (1) year of Hiyd Premium at no charge. After the one-year promotional period ends, you will be charged at the then-current Subscription rate for the billing period you selected (monthly or annual), unless you cancel beforehand. Hiyd will provide notice at least 7 days before the promotional period ends and your first paid billing cycle begins.

4.3 Auto-renewal

Hiyd Premium automatically renews at the end of each billing period at the then-current price until you cancel. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period, unless you turn off auto-renewal at least 24 hours before the end of the current period.

4.4 Managing or cancelling your subscription

You can manage, change, or cancel your subscription at any time in the iOS Settings > [your name] > Subscriptions menu, or directly from the App Store app. Removing the Hiyd app from your device does not cancel your subscription. Cancellation takes effect at the end of the current billing period; you retain access to Premium features until then.

4.5 Refunds

All Subscription purchases are processed by Apple. Refund requests for Subscriptions are handled through Apple's standard refund process at reportaproblem.apple.com. If Apple declines your refund request and you believe you have grounds for one, you may contact us at support@hiyd.ai and we will consider goodwill credits on a case-by-case basis. We make no guarantee of refund outside of Apple's process.

4.6 Price changes

We may change Subscription prices from time to time. We will provide notice at least 30 days before any price increase takes effect. If you do not agree to a price change, you must cancel your Subscription before the change takes effect; continued use of Hiyd Premium after the change constitutes acceptance of the new price.

5. Hiyd Device (Hardware)

The Hiyd wearable device (the "Device") is sold exclusively through Hiyd's official website. By purchasing a Device, you agree to these Terms in addition to any product-specific terms presented at checkout.

Title to the Device passes to you upon delivery; risk of loss passes to you when the Device is handed to the carrier. You are responsible for using the Device in accordance with the user guide and applicable law, and for keeping its firmware up to date.

Software embedded in or used to operate the Device is licensed, not sold. Hiyd retains all rights, title, and interest in such software. The license terms in Section 3 apply to Device firmware and companion software.

6. Limited Hardware Warranty

Hiyd warrants that the Device will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery to the original purchaser (the "Warranty Period"). This Limited Warranty is non-transferable and applies only to the original purchaser.

What is covered

If the Device develops a defect covered by this Limited Warranty during the Warranty Period, Hiyd will, at its option and as your sole and exclusive remedy: (a) repair the Device, (b) replace it with a new or refurbished unit of equivalent functionality, or (c) refund the original purchase price.

What is not covered

This Limited Warranty does not cover: damage from accident, misuse, abuse, neglect, liquid contact beyond rated ingress protection, fire, or other external causes; damage from unauthorized service or modification; cosmetic damage including scratches and dents; consumable parts (such as bands and straps) unless damaged due to a defect in materials or workmanship; or any Device whose serial number has been removed or defaced.

How to make a claim

To request warranty service, contact support@hiyd.ai with your order number and a description of the issue. We may require you to return the Device for inspection. Shipping instructions will be provided.

7. Returns & Refunds (Hardware)

You may return a Device for any reason within 15 days of the date of delivery for a full refund of the purchase price. To initiate a return, email support@hiyd.ai with your order number. The Device must be returned in substantially the condition received, with all original accessories and packaging where reasonably possible. Return shipping costs are the responsibility of the purchaser unless the Device is defective. Refunds will be issued to the original payment method within a commercially reasonable time after we receive the returned Device.

App and Subscription refunds are governed by Section 4.5.

8. Wellness Disclaimer — Not a Medical Device

9. Acceptable Use

You agree not to: (a) use the Service in violation of any applicable law; (b) interfere with or disrupt the Service or its servers; (c) attempt to gain unauthorized access to any portion of the Service; (d) use any automated means to access the Service except as expressly authorized; (e) impersonate any person or misrepresent your affiliation; (f) introduce malware or any other harmful code; or (g) use the Service in a manner that could damage, disable, overburden, or impair it.

10. Beta Features

From time to time we may offer features labelled as "Beta," "Preview," "Experimental," or similar within the Service ("Beta Features"). Beta Features are provided as is and may contain bugs, errors, or inaccuracies. We make no representations or warranties regarding Beta Features, including their availability, reliability, or accuracy. We may modify or discontinue Beta Features at any time without notice. Your use of Beta Features is voluntary and at your own risk.

Internal pre-release versions of the Service are distributed only through Apple TestFlight to invited internal testers and are governed separately by Apple's TestFlight terms and any agreement you sign as a tester.

11. Intellectual Property

Hiyd and its licensors own all right, title, and interest in and to the Service, including all related software, designs, logos, trademarks, text, graphics, and other content, except for content you provide. These Terms do not grant you any right or license except as expressly set forth.

Your data

You retain all rights in the data you input (such as nutrition logs). You grant Hiyd a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your data solely as necessary to provide the Service to you and as further described in our Privacy Policy.

Feedback

If you provide us with suggestions, feedback, or ideas about the Service ("Feedback"), you grant Hiyd a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose without obligation or compensation to you.

12. Third-Party Services

The Service relies on or interoperates with third-party services, including Apple iOS, Apple HealthKit, the Apple App Store, Apple In-App Purchase, DigitalOcean (hosting), PostHog (analytics), and Firebase Cloud Messaging (push notifications). Your use of those services is subject to their respective terms and privacy policies. Hiyd is not responsible for the acts, omissions, or content of third-party services.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in that Policy.

14. Termination

You may stop using the Service at any time and delete your account through the in-app account-deletion flow described in our Privacy Policy.

We may suspend or terminate your access to the Service, in whole or in part, at any time if (a) you breach these Terms, (b) we are required to do so by law, or (c) we discontinue the Service or any part of it. We will use reasonable efforts to provide notice where practical. Sections 6 (with respect to claims arising during the Warranty Period), 8, and 11–22 survive any termination.

15. Disclaimers

16. Limitation of Liability

17. Indemnification

You agree to defend, indemnify, and hold harmless Hiyd, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your violation of these Terms, (b) your misuse of the Service, or (c) your violation of any applicable law or the rights of any third party.

18. Dispute Resolution & Arbitration

18.1 Informal resolution first

Before initiating arbitration or any formal legal proceeding, you and Hiyd agree to attempt to resolve the dispute informally. Send a written notice to support@hiyd.ai describing the dispute and the relief you seek. The parties will attempt in good faith to resolve the matter within 60 days of the notice. Only after this period may either party initiate arbitration.

18.2 Binding arbitration

Except for the disputes listed in Section 18.6 (Carve-outs), any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") that is not resolved through informal resolution will be resolved exclusively by final and binding individual arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be the county in which you reside, unless you and Hiyd agree otherwise. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class-action waiver

You and Hiyd agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding, except as set out in Section 18.4. If this class-action waiver is found to be unenforceable, then the entirety of this Section 18 (other than the informal-resolution requirement) is null and void as to the affected claim.

18.4 Coordinated and mass filings

If 25 or more similar Demands for Arbitration are filed against Hiyd by or with the assistance of the same law firm or coordinated group of law firms within a 30-day period (a "Mass Filing"), the parties agree the AAA will administer the Mass Filing in batches of no more than 100 claims. Each batch will proceed sequentially. The parties will select up to 10 "bellwether" claims per batch to proceed first; remaining claims in the batch will be stayed pending resolution of the bellwethers. Any statute of limitations is tolled for stayed claims. The parties may agree to global mediation after the bellwethers are resolved.

18.5 Opt-out

You may opt out of this arbitration agreement by sending written notice to support@hiyd.ai within 30 days of the date you first accepted these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

18.6 Carve-outs

This Section 18 does not apply to: (a) claims for injunctive or other equitable relief to stop unauthorized use or abuse of the Service or infringement of intellectual property rights; (b) claims brought in small-claims court within the jurisdictional limits of that court, so long as the action remains individual and in that court; and (c) any dispute that, by applicable law, cannot be made subject to a pre-dispute arbitration agreement.

18.7 Quebec, EU, and other non-US users

If you are a consumer resident in Quebec, Canada, this Section 18 does not apply to you to the extent its application would conflict with Article 11.1 of the Quebec Consumer Protection Act, and disputes will instead be resolved in the courts of competent jurisdiction in your province. If you are a consumer resident in the European Economic Area, the United Kingdom, Switzerland, or any other jurisdiction in which mandatory pre-dispute arbitration is unenforceable against consumers, the arbitration agreement in this Section 18 does not apply to you, and disputes will be resolved in the courts of competent jurisdiction in your place of residence under the laws applicable there. Your rights as a consumer under your local law are not affected.

18.8 Federal Arbitration Act

The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this arbitration agreement.

19. Apple-Specific Terms

The following additional terms apply if you obtain the Hiyd app from the Apple App Store:

• Acknowledgment. These Terms are between you and Hiyd only, and not with Apple Inc. ("Apple"). Apple is not responsible for the app or its content.
• Scope of license. The license granted to you in Section 3 is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
• Maintenance and support. Hiyd is solely responsible for providing maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the app.
• Warranty. Hiyd is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
• Product claims. Hiyd, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of the app, including (i) product-liability claims, (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy, or similar legislation.
• Intellectual property rights. In the event of any third-party claim that the app or your possession and use of the app infringes that third party's intellectual property rights, Hiyd, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist-supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• Developer name and address. Hiyd Incorporated. For support, contact support@hiyd.ai.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For US-resident users, the Federal Arbitration Act governs the arbitration agreement in Section 18. Nothing in this section deprives you of the protections afforded by mandatory consumer-protection laws of your jurisdiction of residence.

21. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and any product-specific terms presented at purchase, are the entire agreement between you and Hiyd regarding the Service.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We may provide notices by email to the address associated with your account, by in-app notice, or by posting on our website. You must send legal notices to support@hiyd.ai.
• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control.
• Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version controls in the event of conflict, except where applicable law requires otherwise.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice in-app, by email, or by another reasonable means at least 7 days before the changes take effect (or longer if required by law). The "Last updated" date at the top of these Terms indicates the most recent revision. Continued use of the Service after the effective date of the updated Terms constitutes your acceptance.

23. Contact

Questions about these Terms can be sent to:

Hiyd Incorporated
Email: support@hiyd.ai