Digital Services Terms of Use

360 Health & Performance App, Private Member Platform and Learning Services

Effective Date: 1 September 2026

1. Acceptance of Terms

These Terms of Use constitute a binding agreement between you and 360 OS Global Ltd, trading as 360 Health & Performance ("Company," "we," "us," or "our"). 360 OS Global Ltd is a private company limited by shares, registered in England and Wales under company number 17428835. Registered office: International House, 36-38 Cornhill, London, EC3V 3NG, United Kingdom. They apply when you access or use any of the Digital Services defined below.

By downloading, installing, accessing, purchasing, enrolling in, or using a Digital Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Digital Services.

Some Digital Services may include additional product, enrolment, order, community, or third-party terms presented to you before access or purchase. Those additional terms form part of your agreement with us for the relevant Digital Service. If there is a direct conflict, the product-specific terms will govern that product to the extent of the conflict.

You must be at least 18 years of age to use the Digital Services. By using them, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.

2. Definitions

For the purposes of these Terms, the following definitions apply:

"App" means the 360 Health & Performance mobile application, including the features, content, and services provided through it.
"Private Member Platform" means the private 360 Health & Performance member environment, including its content library, tools, resources, community features, and member-only services.
"Learning Services" means courses, certifications, assessments, educational programmes, and related learning content made available by the Company, including services delivered through Thinkific or another learning-management provider.
"Digital Services" or "Services" means the App, the Private Member Platform, the Learning Services, and any related digital features or services that link to these Terms.
"Content" means all text, graphics, images, software, audio, video, data, course material, and other materials available through the Digital Services.
"Lifeload™" means the methodology and related intellectual property for measuring and understanding cumulative physical, mental, emotional, environmental, and spiritual load. The Company uses Lifeload™ under licence. It does not own that mark.
"Professional User" means a coach, practitioner, clinic, practice, organisation, or other person or entity using a Digital Service in connection with services provided to another person.
"User" or "you" means any individual or entity that accesses or uses a Digital Service.
"User Data" means any information, data, response, file, message, or content you submit, upload, record, or provide through a Digital Service.
"HIPAA" means the United States Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, as amended.
"Protected Health Information" or "PHI", "Covered Entity", "Business Associate", and "Business Associate Agreement" or "BAA" have the meanings given to them under HIPAA.

3. Description of the Digital Services

The Digital Services provide coaching-grade wellness, performance, education, and professional-development infrastructure. They are not electronic medical-record systems or clinical-care platforms.

3.1 Lifeload™ Measurement

The App measures Lifeload™ across physical, mental, emotional, environmental, and spiritual domains. Lifeload™ is used under licence. This may include self-assessment tools and integration of objective metrics. The App measures Lifeload™; it does not measure allostatic load.

3.2 Health and Performance Metrics

The App may track metrics including heart rate variability (HRV), sleep patterns, activity levels, and other biometric or wellbeing data when connected to compatible devices or entered manually.

3.3 Coach Integration

The App may enable you to share information with an authorised coach so they can provide coaching guidance and support. Sharing is by export or other controls you choose. It is not a live clinical feed and not a patient-monitoring connection. Available controls, access rights, and revocation processes may vary by feature and account type.

3.4 Private Member Platform

The Private Member Platform provides member-only educational content, practical resources, tools, and community or implementation support. Access may depend on your subscription, certification level, enrolment, or other written authorisation from the Company.

3.5 Learning Services and Thinkific

Learning Services may be delivered through Thinkific or another third-party learning-management provider. That provider's platform terms and privacy notices may also apply where they are presented to you. The Company's Learning Platform Terms of Use and Learning Platform Privacy Policy on learn.360healthperformance.com also apply to Thinkific. If there is a direct conflict about a Learning Service on Thinkific, those Learning Platform terms govern that Learning Service. If there is a direct conflict about the App, these Digital Services Terms govern the App.

Completing course content does not by itself confer certification unless you satisfy the requirements stated for the relevant programme. We may withhold, suspend, or revoke certification or access where permitted by the applicable programme terms, including for assessment misconduct, misrepresentation, misuse of Content, or a serious breach of these Terms. Course completion or certification does not confer a medical licence, expand your regulated professional scope, authorise diagnosis or treatment, or guarantee a professional, commercial, health, or performance outcome.

4. User Obligations and Account Responsibilities

By using a Digital Service, you agree to the following obligations:

Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised access or security breach.
Accurate Information. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
Lawful Use. You agree to use the Digital Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
Authorised Use. Unless you have a valid professional subscription, certification, enrolment, or other written authorisation, the Digital Services are for your personal, non-commercial use only.
Professional Responsibility. A Professional User is solely responsible for working within their qualifications, competence, licence, insurance, professional scope, and applicable legal and ethical duties. You are also responsible for obtaining all notices, consents, and permissions required for your work with clients or other individuals.
User Data. You must have a lawful basis and all necessary rights to submit User Data. You must not submit information about another person without appropriate authority and notice. Thinkific and the Learning Services must not be used for personal health information, biometric data, PHI, or client- or patient-identifiable case material.
Community Conduct. In a member, course, discussion, or community area, you must respect the privacy, confidentiality, intellectual property, and safety of others. Do not share another person's private information, identifiable client material, confidential clinical information, or Company Content outside the audience and purpose for which it was provided.
Device Requirements. You are responsible for obtaining and maintaining compatible devices and internet connectivity required to access the Digital Services.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Attempting to gain unauthorised access to a Digital Service, another user's account, or any connected system or network.
Using a Digital Service to transmit malware, viruses, or other harmful code.
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive source code, algorithms, rules, thresholds, protected sequences, or proprietary methods from a Digital Service.
Copying, modifying, distributing, publishing, or creating derivative works from a Digital Service or its Content except where we have expressly authorised this in writing.
Using automated systems, bots, or scrapers to access or collect data from a Digital Service.
Interfering with or disrupting the integrity, security, or performance of a Digital Service or related system.
Impersonating any person or entity or misrepresenting your affiliation, qualifications, certification status, or professional scope.
Using a Digital Service for any fraudulent, misleading, deceptive, unlawful, diagnostic, treatment, emergency-monitoring, or unauthorised clinical purpose.
Sharing account credentials with a third party or allowing another person to access a Digital Service through your account, except where a feature expressly permits authorised team access.
Entering personal health information, biometric data, patient identifiers, medical records, PHI, or identifiable client or patient case material into Thinkific, a Learning Service discussion, an assignment, a quiz, a survey, a community area, a message, a support request, or any other area where such information is prohibited by section 8.

6. Intellectual Property Rights

Ownership. The Digital Services and all Content, features, functionality, curricula, assessments, software, and documentation are owned by 360 OS Global Ltd or its licensors and are protected by copyright, trademark, patent, trade-secret, and other intellectual-property laws. Lifeload™, including related processes, algorithms, rules, thresholds, assessments, documentation, and protected sequences, is used by the Company under licence and is not owned by 360 OS Global Ltd.
Limited Licence. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Digital Services and Content made available for your authorised account and purpose. This licence does not include any right to resell, publish, distribute, or commercially exploit a Digital Service or its Content unless expressly agreed in writing.
User Content. You retain ownership of User Data you submit. By submitting User Data, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, display it to the audience you select or the feature reasonably requires, and otherwise process that data as necessary to provide, secure, support, and maintain the Digital Services, comply with law, and act as described in the applicable Privacy Policy or privacy notice. Any use of identifiable health information for product improvement or AI model training must be separately described and supported by a valid legal ground; these Terms do not provide consent for that use. You also permit our contracted service providers, including Thinkific, to exercise those rights only as needed to deliver the relevant Digital Service to us and you.
Trademarks. "360 Health & Performance" and "360 OS™" and related names and logos are marks of the Company or its licensors. 360 OS™ is a registered UK trade mark (UK00004209041). Lifeload™ is used under licence. It is not a mark of 360 OS Global Ltd. You may not use these marks without our prior written consent, except for any limited use expressly permitted by your certification or professional agreement.
Feedback. If you provide feedback, suggestions, or ideas regarding a Digital Service, you grant us a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation, provided we do not publicly identify you without permission.

7. Privacy and Data Protection

Privacy Notices. Our collection and use of personal information is described in the Privacy Policy and any service-specific privacy notice presented for the relevant Digital Service. Those notices are incorporated into these Terms by reference.
Health and Wellbeing Data. Some Digital Services collect and process health-related or wellbeing data. Depending on where you live, this data may be sensitive or specially protected. We will process it as described in the applicable privacy notice and as permitted by applicable law.
Data Sharing with Coaches. If you share information with a coach through the App, you authorise us to make that shared information available to that coach in accordance with the feature controls and applicable privacy notice. Sharing is export or other chosen sharing, not a live clinical feed. You may revoke future sharing through the available settings or by contacting us, subject to legal and technical limitations explained in the privacy notice.
Third-Party Providers. We may use service providers, including Thinkific, device providers, hosting providers, analytics providers, customer-support tools, and payment processors. Their role and applicable processing arrangements will be described in the relevant privacy notice or contractual documentation.
Data Security. We implement reasonable security measures designed to protect User Data. No transmission or storage method is completely secure, and we cannot guarantee absolute security.
Data Retention. We retain User Data for as long as reasonably necessary to provide the Digital Services, meet legal and contractual obligations, resolve disputes, and enforce agreements. Deletion or anonymisation will be handled in accordance with the applicable privacy notice and law.

8. Health, Professional Use and United States Clinic Rules

8.1 Health Disclaimer

The Digital Services are intended for informational, educational, wellness and coaching purposes and are not offered to diagnose, treat, cure or prevent a disease or health condition. Lifeload™ insights, health and performance metrics, educational content and coaching resources must not be used as a substitute for medical care.

You must not rely on a Digital Service as a substitute for professional medical advice, diagnosis, or treatment. Always seek advice from a physician or other appropriately qualified health professional about a medical condition.

If you experience a health emergency, contact the appropriate emergency services immediately. Do not delay seeking medical attention because of information provided through a Digital Service.

8.2 Coaches and Other Professionals

A coach connected through the App is not a medical professional unless separately licensed as such. A licence held outside the Digital Services remains subject to that professional's own legal, regulatory, ethical, and scope-of-practice duties. The Digital Services do not make clinical decisions and do not replace professional judgement.

8.3 No Medical Record or Clinical System

The Digital Services are not an electronic medical record, electronic health record, patient chart, clinical decision-support system, remote patient-monitoring service, or emergency-alert system. A clinic or practitioner must maintain any records required by law in an appropriate system under its own control.

8.4 HIPAA and BAA Boundary

The Company does not offer or enter into a BAA for the Digital Services. The Services are not authorised for a workflow that requires the Company or one of its providers to act as a Business Associate. You must not use a Digital Service to create, receive, maintain, or transmit PHI on behalf of a Covered Entity or Business Associate.

These Terms, the Privacy Policy, a privacy notice, and any general data-processing terms are not a BAA. Access, account creation, payment, or use of a Digital Service does not constitute the Company's contractual agreement to undertake Business Associate obligations. If your proposed use would require the Company or one of its providers to handle PHI on behalf of a Covered Entity or Business Associate, you must not use the Digital Service for that purpose.

Whether an organisation is a Business Associate is determined by applicable law and its actual functions and data flows, not by contract wording alone. This section is an operating restriction on permitted use; it must be supported by the Company's sales, onboarding, product, support and incident controls.

This restriction includes entering PHI into the App, Private Member Platform, Thinkific, course assignments, quizzes, surveys, community areas, messages, support requests, or integrations on behalf of a Covered Entity or Business Associate. Thinkific is used for education and training and must not be used for PHI, personal health information, biometric data, patient records, or identifiable client or patient case material.

This section does not prevent an individual consumer from providing their own health and wellbeing information in a personal capacity where permitted by applicable law. It restricts professional or organisational use on behalf of a HIPAA-regulated entity.

8.5 United States Clinics and Regulated Providers

If you are a clinic, practice, health care provider, licensed professional or other regulated user in the United States, you must not use the App, connected-coach features or another Digital Service to invite, enrol, manage, monitor or support a patient, plan member or clinical client on behalf of a Covered Entity or Business Associate. You must not make patient or client information available to the Company or its providers through any route.

A Covered Entity, Business Associate or its personnel may purchase Learning Services or general professional-development resources only where the account, content and actual workflow contain no PHI or identifiable client or patient information and are not used to deliver or administer patient care. This does not prevent an individual clinician from using the App privately for their own personal wellbeing, under a personal account and outside their work for a regulated entity.

You remain responsible for professional licensure and scope, the location of the person receiving your services, independent professional judgement, required notices and consents, privacy and security, recordkeeping and retention, supervision and delegation, insurance, billing, and an appropriate clinical-record and emergency pathway where those duties apply.

You are also responsible for determining whether HIPAA, state health-privacy laws, professional rules, consumer-health-data laws, or other legal obligations apply to your activities. You must configure and operate your own services accordingly and obtain independent legal advice where needed.

9. Subscription, Enrolment and Payment Terms

9.1 Plans, Courses and Access

Certain Digital Services require a paid subscription, course purchase, certification fee, membership, or other payment. The applicable price, access period, renewal terms, and included features will be shown at the point of purchase or in an order form and may be modified with notice where required by law or contract.

9.2 Billing

Purchases may be processed by the Company, an app store, Thinkific, or another authorised payment provider. If you purchase a recurring subscription, you authorise the relevant provider to charge your selected payment method until cancellation in accordance with the terms presented at purchase.

9.3 Cancellation

You may cancel a recurring subscription through the relevant Digital Service, app store, account settings, or other method stated at purchase. Unless applicable law or the purchase terms provide otherwise, cancellation takes effect at the end of the current billing period.

9.4 Refunds

Refund rights depend on the Digital Service, point of purchase, applicable order or enrolment terms, and mandatory consumer law. App-store purchases are handled under the applicable app store's policies. If you are a consumer in the United Kingdom, nothing in these Terms affects your statutory rights. Nothing in these Terms limits a refund or cancellation right that cannot lawfully be excluded.

10. Limitation of Liability

To the fullest extent permitted by applicable law:

Exclusion of Damages. 360 OS Global Ltd and its directors, officers, employees, agents, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, use, goodwill, business opportunity, or other intangible loss arising out of or related to a Digital Service.

Liability Cap. Our total aggregate liability for all claims arising out of or related to these Terms or the Digital Services will not exceed the greater of: (a) the amount you paid to us for the relevant Digital Service in the twelve months preceding the event giving rise to the claim; or (b) one hundred US dollars (USD $100).

Basis of the Bargain. You acknowledge that these limitations reflect a reasonable allocation of risk and form a fundamental part of the agreement between you and us.

Jurisdictional Limitations. Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, our liability is limited only to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited under English law.

11. Disclaimer of Warranties

The Digital Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, we disclaim implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that: (a) a Digital Service will meet your requirements; (b) access will be uninterrupted, timely, secure, or error-free; (c) results, measurements, course outcomes, or Content will be accurate, complete, or reliable; (d) errors will be corrected; or (e) a Digital Service will remain compatible with your device, third-party provider, or professional workflow.

Any Content downloaded or otherwise obtained through a Digital Service is accessed at your discretion and risk. You are responsible for any resulting damage to your device, system, or data, except to the extent liability cannot lawfully be excluded.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 360 OS Global Ltd and its officers, directors, employees, agents, licensors, and suppliers from claims, losses, expenses, damages, and costs, including reasonable legal fees, arising out of or related to:

(a) your use or misuse of a Digital Service; (b) your breach of these Terms; (c) your violation of another person's rights; (d) your violation of law, regulation, professional duty, or scope-of-practice requirement; (e) User Data you submit; or (f) your unauthorised submission or disclosure of PHI or other protected information.

We reserve the right, at your expense and subject to applicable law, to assume the exclusive defence and control of a matter for which you are required to indemnify us. You agree to cooperate with that defence.

13. Termination

Termination by You. You may terminate an account through the relevant Digital Service where that option is available or by contacting hello@360healthperformance.com. Ending one account may not automatically end a separate subscription, course, membership, or third-party account.
Termination by Us. We may suspend or terminate access where permitted by law and contract, including for breach of these Terms, non-payment, fraudulent or illegal activity, security risk, misuse, or extended inactivity.
Effect of Termination. On termination, your right to use the affected Digital Service ceases. Provisions that by their nature should survive will survive, including intellectual-property rights, disclaimers, liability limits, indemnification obligations, dispute terms, and restrictions on protected information.
Data After Termination. Data retention, export, deletion, and anonymisation after termination will be handled under the applicable privacy notice, third-party provider terms, and law.

14. Modifications to Terms and Services

14.1 Modifications to Terms

We may update these Terms periodically. Material updates will be communicated through an appropriate Digital Service, by email, or on our website where required. The revised terms will state their effective date. Continued use after that date constitutes acceptance where permitted by law.

14.2 Modifications to Services

We may modify, suspend, replace, or discontinue a Digital Service or feature, subject to any applicable contract and law. We are not liable for a modification, suspension, replacement, or discontinuation except where liability cannot lawfully be excluded.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at hello@360healthperformance.com and attempt to resolve the dispute informally. We will aim to respond and work towards resolution within thirty (30) days after receiving sufficient notice of the dispute.

15.2 Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict-of-law principles, except where mandatory local law applies.

15.3 Jurisdiction

Subject to the informal-resolution requirement and any mandatory local right, disputes arising out of or relating to these Terms or the Digital Services fall under the exclusive jurisdiction of the courts of England and Wales.

15.4 Class Action Waiver

To the fullest extent permitted by applicable law, you and we agree that proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

16. General Provisions

Entire Agreement. These Terms, together with the applicable Privacy Policy, privacy notices, order forms, enrolment terms, and any other document expressly incorporated by reference, constitute the entire agreement regarding the relevant Digital Service and supersede prior agreements on the same subject.
Severability. If a provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect.
Waiver. Failure to enforce a right or provision is not a waiver. A waiver must be in writing and signed by the party granting it.
Assignment. You may not assign or transfer these Terms or your rights without our prior written consent. We may assign these Terms as part of a reorganisation, financing, merger, acquisition, sale of assets, or other lawful transfer.
Force Majeure. We are not liable for failure or delay caused by events beyond our reasonable control, including natural disaster, war, terrorism, civil disturbance, government action, fire, flood, labour dispute, service-provider failure, internet disruption, or shortage of facilities, fuel, energy, labour, or materials.
No Third-Party Beneficiaries. These Terms do not confer rights on anyone other than you and us, except where expressly stated.
Headings. Section headings are for convenience and do not affect interpretation.
Export Compliance. You agree to comply with applicable export and re-export control laws and regulations when using the Digital Services.

17. Third-Party Services and Links

The Digital Services may contain links to, depend on, or integrate with third-party websites, applications, devices, platforms, learning-management systems, app stores, payment processors, or services. These may include Thinkific and compatible wearable or health platforms.

Your use of a third-party service is subject to that provider's terms and privacy notices. We do not control and are not responsible for a third party's content, availability, security, privacy practices, or independent acts and omissions, except to the extent applicable law provides otherwise.

Thinkific is used to deliver education and training. It must not be used to store or exchange PHI, personal health information, biometric data, patient records, or identifiable client or patient case material.

18. Contact Information

For questions about these Terms, please contact us:

360 OS Global Ltd

Company number 17428835

International House, 36-38 Cornhill

London, EC3V 3NG

United Kingdom

Email: hello@360healthperformance.com

BY ACCESSING OR USING A DIGITAL SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.