XSpan MWM-AI Membership Agreement

Effective date: [DATE] · Governing law: State of California

Draft — modeled on WHOOP / Oura membership terms; pending final legal review. These terms are intentionally strong: a fixed minimum commitment, auto-renewal, and no refunds for elapsed membership periods.

By subscribing to the XSpan MWM-AI Membership ("Membership") at shop.xspan.ai, you ("Member") agree to the following.

1. Membership & Minimum Commitment

The Membership is $79.99 per month and requires a minimum commitment of twelve (12) months ("Initial Term"), billed monthly. An annual prepay option may be offered at checkout.
The Membership unlocks the XSpan MWM-AI app, your Sam AI health agent, device connectivity, and enrollment in your Medical Weight Management (MWM) care program. Membership features are unavailable without an active Membership.

2. Auto-Renewal

After the Initial Term, the Membership automatically renews month-to-month at the then-current price until canceled, and your payment method is automatically charged each period.
We will notify you of any price change at least 30 days in advance; continued use after the change constitutes acceptance.

3. Cancellation

You may cancel any time via your account or support@xspan.ai.
During the Initial Term: the Membership remains billable through the end of the 12-month Initial Term; early access termination does not waive the remaining committed payments.
After the Initial Term: cancellation takes effect at the end of the current paid month; you retain access until then.
No partial-period refunds. Canceling does not refund the current or any elapsed month.

4. Billing & Payment

Payments are processed by Stripe. You authorize recurring charges to your payment method.
Failed payments: we may retry and may suspend the Membership and MWM enrollment until payment succeeds. Sustained non-payment may result in termination without refund of amounts already billed.
Applicable sales tax is added where required.

5. Refunds

Membership fees are non-refundable for any elapsed or current billing period, including partial months.
Refunds, if any, are at XSpan's sole discretion and do not create an expectation of future refunds.

6. Devices (sold separately)

Connected devices (e.g., iHealth Nexus Pro scale, iHealth Jurni BP monitor) are optional, one-time purchases sold separately and are fulfilled and shipped by iHealth.
Device returns: unopened/undamaged devices may be returned within 30 days of delivery for a refund of the device price (less any restocking/return-shipping fees). Devices are not required to maintain the Membership.
Device warranty is provided by the manufacturer (iHealth); XSpan is not the warrantor. Returning a device does not cancel the Membership.

7. Medical Disclaimer

The Membership and MWM-AI app support your care team; they are not a substitute for professional medical advice, diagnosis, or treatment, and Sam is an AI assistant, not a clinician. Always consult your MWM care team and physician.

8. Eligibility & Enrollment

The Membership enrolls you in an XSpan MWM care program. Enrollment and any referring site (e.g., your medical office) are recorded at signup. Program participation is subject to your care team's clinical judgment.

9. Changes to These Terms

We may update these terms with notice. Material changes take effect 30 days after posting; continued use constitutes acceptance.

10. General

These terms are governed by the laws of the State of California. Disputes are subject to the exclusive jurisdiction of the state and federal courts located in California. If any provision is unenforceable, the remainder stays in effect.

Questions? support@xspan.ai