Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using Win.Health (the "Platform"), including our website, mobile applications, and related services (collectively, the "Services"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and Win Big Together Health, Inc. ("Win.Health," "we," "us," or "our").

2. Eligibility

2.1 Age Requirements

You must be at least 18 years old to use our Services. By using the Platform, you represent and warrant that you meet this age requirement.

2.2 Geographic Restrictions

Our Services are currently available only to residents of the United States. Sweepstakes participation may be further restricted by state law. You are responsible for ensuring your participation complies with all applicable local laws.

2.3 Health Status

Our Services are designed for generally healthy adults seeking to lose weight. You represent that:

  • You do not have any medical condition that would make weight loss or increased physical activity dangerous without medical supervision
  • You have consulted with a healthcare provider before beginning any weight loss program if you have any health concerns
  • You understand that Win.Health does not provide medical advice and our Services are not a substitute for professional medical care

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account by providing accurate and complete information, including:

  • Valid email address
  • Name
  • Weight and weight loss goals
  • Other information as requested during onboarding

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account

3.3 Account Accuracy

You agree to keep your account information current, accurate, and complete. Failure to do so may result in suspension or termination of your account.

4. Cohort Participation

4.1 Cohort Assignment

Users are automatically assigned to weekly cohorts beginning each Monday. Once assigned, you cannot change cohorts for that competition period.

4.2 Participation Requirements

Active participation requires:

  • Weekly check-ins with progress photos
  • Weight logging
  • Participation in the transformation rating system
  • Compliance with community guidelines

4.3 Cohort Completion

Cohort competitions typically run for 8-12 weeks. Specific timelines are communicated at cohort start.

5. Sweepstakes and Prizes

5.1 No Purchase Necessary

Entry into sweepstakes does not require payment. Free tier users have equal opportunity to win prizes based on performance and community ratings.

5.2 Prize Structure

Weekly national prize pools are awarded to top performers based on:

  • Weight loss progress
  • Community transformation ratings
  • Consistency and check-in completion
  • Achievement of goals

5.3 Prize Distribution

  • Winners are notified via email within 7 days of cohort completion
  • Prize funds are distributed within 30 days of winner verification
  • Winners must complete tax documentation (W-9 or equivalent)
  • Prizes are reported to tax authorities as required by law
  • Winners are responsible for all applicable taxes

5.4 Eligibility and Verification

To be eligible for prizes, you must:

  • Complete all required check-ins for the competition period
  • Submit authentic, unaltered progress photos
  • Meet minimum participation thresholds
  • Comply with all Terms and community guidelines
  • Be a legal U.S. resident in an eligible state
  • Complete identity and eligibility verification

5.5 Disqualification

We reserve the right to disqualify participants who:

  • Submit fraudulent photos or data
  • Violate community guidelines
  • Use automated systems or bots
  • Attempt to manipulate ratings or results
  • Fail verification procedures
  • Violate these Terms

5.6 State Restrictions

Sweepstakes may not be available in all states. Check official rules for state-specific restrictions.

6. Content and Intellectual Property

6.1 User Content

You retain ownership of content you submit ("User Content"), including:

  • Progress photos
  • Weight data
  • Comments and interactions
  • Personal information

6.2 License to Win.Health

By submitting User Content, you grant Win.Health a worldwide, non-exclusive, royalty-free, perpetual, transferable license to:

  • Display, reproduce, and distribute your content on the Platform
  • Use your photos and transformation data in marketing materials (with consent)
  • Create derivative works for platform improvement
  • Sublicense to partners for platform operation

6.3 Content Standards

You agree that all User Content will:

  • Be accurate and authentic
  • Not violate any laws or third-party rights
  • Not contain harmful, offensive, or inappropriate material
  • Not include identifiable information about others without consent
  • Comply with our Community Guidelines

6.4 Prohibited Content

You may not submit content that:

  • Contains nudity or sexually explicit material
  • Depicts self-harm or dangerous activities
  • Includes false or misleading health claims
  • Infringes intellectual property rights
  • Contains malware or malicious code
  • Violates privacy rights of others

6.5 Content Moderation

We reserve the right to:

  • Review all User Content before public display
  • Remove content that violates these Terms
  • Suspend or terminate accounts for violations
  • Report illegal content to authorities

7. Transformation Rating System

7.1 Rating Participation

Users may participate in rating other users' transformations through our swipe-based interface.

7.2 Rating Standards

When rating transformations, you agree to:

  • Provide honest, good-faith assessments
  • Not coordinate ratings with other users
  • Not create multiple accounts to manipulate ratings
  • Rate based on visible progress, not personal characteristics

7.3 Rating Algorithm

Transformation rankings are calculated using a proprietary ELO-style algorithm that considers:

  • Community ratings
  • Consistency of check-ins
  • Weight loss progress
  • Other engagement metrics

8. Health and Medical Disclaimers

8.1 Not Medical Advice

Win.Health is a social engagement and motivation platform. We do not provide medical advice, diagnosis, or treatment. All content is for informational purposes only.

8.2 Consult Healthcare Providers

Before beginning any weight loss program, you should:

  • Consult with your physician or healthcare provider
  • Disclose all medical conditions and medications
  • Follow professional medical advice
  • Seek emergency care for any medical concerns

8.3 No Healthcare Provider Relationship

Use of our Services does not create a doctor-patient or healthcare provider-patient relationship.

8.4 Emergency Situations

If you experience a medical emergency, call 911 or seek immediate medical attention. Do not rely on our Platform for emergency assistance.

9. Affiliate Partnerships and Referrals

9.1 Partner Programs

We partner with GLP-1 medication providers and other weight loss services ("Partners"). When you express interest in Partner services:

  • We may receive affiliate compensation
  • You will be connected directly with Partners
  • Partner services are subject to Partner terms and policies
  • We do not control Partner services or pricing

9.2 No Endorsement

Listing of Partners does not constitute endorsement or recommendation. You are responsible for evaluating Partner services independently.

9.3 Referral Links

Users may receive referral links to share with friends. Referral rewards are subject to verification of valid referrals, compliance with anti-spam laws, and our discretion to modify or terminate referral programs.

10. User Conduct and Prohibited Activities

10.1 Prohibited Activities

You agree not to:

  • Violate any laws or regulations
  • Infringe intellectual property rights
  • Submit false or misleading information
  • Use automated systems or bots
  • Attempt to manipulate ratings or results
  • Harass, abuse, or harm other users
  • Collect user information without consent
  • Reverse engineer platform technology
  • Interfere with platform operation
  • Create multiple accounts to gain unfair advantage
  • Sell or transfer your account

10.2 Fraud Prevention

We have zero tolerance for fraudulent activity, including:

  • Submitting photos of other people
  • Using edited or altered photos
  • Falsifying weight data
  • Coordinating ratings with other users
  • Creating fake accounts

10.3 Enforcement

Violations may result in:

  • Content removal
  • Account suspension or termination
  • Prize disqualification and forfeiture
  • Legal action
  • Reporting to law enforcement

11. Disclaimers and Limitation of Liability

11.1 Service "As Is"

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee of Results

We do not guarantee:

  • Weight loss results
  • Prize winnings
  • Specific health outcomes
  • Platform availability or accuracy
  • Compatibility with all devices

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIN.HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, PERSONAL INJURY OR PROPERTY DAMAGE, HEALTH ISSUES OR MEDICAL COMPLICATIONS, OR ACTIONS OF OTHER USERS OR THIRD PARTIES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO WIN.HEALTH IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Win.Health and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of our Services, your User Content, your violation of these Terms, your violation of any rights of third parties, or your violation of applicable laws.

13. Termination

13.1 Termination by You

You may terminate your account at any time by using account settings to delete your account or contacting customer support.

13.2 Termination by Us

We may suspend or terminate your account for violation of these Terms, fraudulent or illegal activity, extended inactivity, or at our discretion with or without cause.

13.3 Effect of Termination

Upon termination:

  • Your right to use Services ceases immediately
  • We may delete your account and data
  • You forfeit any pending prizes or rewards
  • Paid fees are non-refundable

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution at: [email protected]

14.2 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except for small claims court claims, intellectual property disputes, and claims seeking injunctive relief.

14.3 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Opt-Out

You may opt out of arbitration by notifying us in writing within 30 days of account creation.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting for non-material changes, and after 30 days' notice for material changes. We will notify you of material changes via email or in-app notification. Your continued use of Services after changes constitutes acceptance of modified Terms.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and Win.Health.

16.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

16.4 Electronic Communications

You consent to receive communications electronically and agree that electronic communications satisfy any legal requirement for written communications.

17. Contact Information

For questions about these Terms, contact us at:

BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

See also our Privacy Policy.