Terms of Service
DEGREE WELLNESS TEAM PORTAL TERMS OF SERVICE
Last Updated: December 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between Degree Wellness Franchise, LLC (“Degree Wellness,” “we,” “us,” or “our”) and each individual or entity (“you” or “User”) who accesses or uses the Degree Wellness Team Portal (the “Portal”). By accessing, browsing, registering for, or using the Portal in any manner, you agree that you have read, understood, and will be bound by these Terms and any additional policies referenced herein. If you do not agree to these Terms, do not access or use the Portal.
The Portal is operated for Degree Wellness, with hosting and technical services provided by Everyday Media, LLC (“EM”) as a service provider and sub-processor. The Portal Software is owned or licensed by EM and sublicensed to Degree Wellness for the provision of the Services. EM is a designated third-party beneficiary of these Terms and may enforce them directly.
1. DEFINITIONS
“Affiliate” means any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of at least fifty percent (50%) of the voting interests of the subject entity.
“Account” means the workspace or instance within the Portal provisioned by Degree Wellness or an authorized Admin for use by Users.
“Account Owner” means the entity responsible for the Account, which may be Degree Wellness and/or an authorized franchise entity, as determined by Degree Wellness in its sole discretion.
“Admin” means a User who is granted administrative rights within an Account, including (a) managing other Users, (b) configuring integrations, (c) viewing, exporting, or deleting User Data, and (d) committing the Account to additional terms or fees.
“Portal Software” means all code, databases, APIs, and user‑interface components created, owned, or licensed by EM and sublicensed to Degree Wellness for the provision of the Services.
“Services” means the web‑based intranet, collaboration, workflow, training, and data‑management functionality provided via the Portal.
“User Data” means any data, information, files, text, images, or other content uploaded or transmitted to the Portal by or on behalf of a User in connection with their job duties, which may include data about Degree Wellness end customers.
2. ACCEPTANCE OF THE TERMS
2.1 Binding Agreement. These Terms form a binding contract between you and Degree Wellness as of the earlier of (a) the date you click a button or checkbox indicating acceptance, or (b) the first date you access or use the Portal (“Effective Date”). If you are acting on behalf of an employer or other entity, you represent that you have full legal authority to bind that entity to these Terms.
2.2 Updates. We may update these Terms periodically. We will post the revised Terms on the Portal and update the “Last Updated” date. Continued use after the effective date of revised Terms constitutes acceptance.
3. THE SERVICES
3.1 Scope. The Portal enables Degree Wellness corporate employees, franchise owners, franchise employees, and other authorized personnel to collaborate, share information, access training materials, track operational tasks, and integrate with selected third‑party business tools.
3.2 Hosting and Maintenance. EM hosts, maintains, and updates the Portal infrastructure in the United States. Scheduled maintenance windows may occur outside U.S. Eastern business hours when feasible.
3.3 No Mobile Application. Degree Wellness does not currently provide a native mobile application for the Portal, and any reference to mobile applications in these Terms is inapplicable.
3.4 U.S.‑Only Audience; Cross-Border Access. The Portal is hosted on servers physically located in Amazon Web Services’ US‑East data centers (Northern Virginia and Ohio). Backup and disaster‑recovery replicas are stored within the continental United States. The Portal is intended primarily for use by Users located in the United States or its territories. Degree Wellness does not knowingly market or provide the Services to individuals or entities outside the United States. Notwithstanding the foregoing, Degree Wellness and EM (and their authorized contractors) may access the Portal from locations outside the United States solely to provide development, maintenance, security, and support services, subject to technical, administrative access control and contractual safeguards. Degree Wellness may restrict or block access from certain locations at any time.
3.5 License to Use. Subject to these Terms, Degree Wellness grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services solely for legitimate business purposes related to Degree Wellness and its franchise system, and only in accordance with these Terms and applicable policies.
4. MODIFICATIONS TO THE SERVICES
4.1 Feature Changes. We reserve the right to add, change, discontinue, or deprecate any feature, component, or functionality of the Services at any time. If we believe that a change materially diminishes core functionality, we will attempt to provide at least thirty (30) days’ prior notice to Admins.
4.2 Beta or Trial Features. From time to time, we may release features labeled “beta,” “early access,” or similar. Such features are experimental, may be modified or removed at our discretion, and are provided “AS IS” without warranties.
5. ELIGIBILITY AND ABILITY TO ACCEPT
5.1 Minimum Age. You must be at least sixteen (16) years old or the minimum employment age in your jurisdiction (whichever is higher) to use the Services.
5.2 Authority. If you register or use the Portal on behalf of an organization (e.g., a Degree Wellness franchise), you represent that you have authority to bind that organization, and all references to “you” include that organization.
6. ACCOUNT REGISTRATION AND ADMINISTRATION
6.1 Registration. To use the Services, you must be invited by an Admin and create login credentials. You agree to provide accurate, current information and to keep it updated.
6.2 Security. You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account. Notify the Degree Wellness team immediately at techsupport@degreewellness.com if you suspect unauthorized access.
6.3 User Roles. User permissions are determined by role (e.g., Admin, Manager, Associate). Admins have elevated privileges to configure the Account and manage Users.
6.4 Account Management. Degree Wellness may periodically audit Accounts for compliance with these Terms and remove inactive or ineligible Users.
6.5 Admin and Organizational Access; No Expectation of Privacy. Your Admin, Degree Wellness, and EM may access, monitor, use, and disclose User Data and Account information as necessary to provide, secure, and support the Services, comply with law, enforce these Terms, and manage the Account. Admins may be able to view, export, delete, or restrict access to User Data. While Degree Wellness adheres to the principles of least privilege, by using the Portal you acknowledge such Admin Access regarding information stored in the Portal. To the maximum extent permitted by law, you acknowledge that the Portal is a franchisor-managed business system and that information submitted may be accessed and monitored as described in these Terms and the Privacy Policy.
7. CUSTOMER DATA
7.1 Ownership. As between the parties, User Data is owned by the person or entity that provides it or on whose behalf it is provided (for example, the applicable Account Owner, employer, or franchise entity). To the extent a User submits User Data in the course of employment or on behalf of an organization, such organization (and not the individual User) owns that User Data as between Degree Wellness and the User. Degree Wellness retains all right, title, and interest in and to Degree Wellness Content and all associated intellectual property rights. Degree Wellness and EM retain all right, title, and interest in and to any service‑generated data and telemetry about use of the Portal (e.g., logs, device and browser information, performance data, feature usage, and audit trails), including derived data, that does not directly reveal the contents of User Data ("Usage Data") and any aggregated or de‑identified analytics derived from it.
7.2 License to Host and Process. You grant Degree Wellness and EM a worldwide, non‑exclusive, royalty‑free license to host, reproduce, display, transmit and process only (a) to provide, maintain, secure, and support the Services, (b) to make User Data available to authorized Users within the applicable Account as directed through the Services, and (c) to comply with applicable law, enforce these Terms, or respond to lawful requests.
7.3 System‑Wide Sharing. If you submit User Data to a Portal area designated for system‑wide sharing (e.g., a shared library), you grant Degree Wellness and authorized Users a non‑exclusive license to use, reproduce, display, transmit and process that User Data within the Portal for legitimate business purposes related to Degree Wellness and its franchise system.
7.4 Restrictions on Sensitive Data. The Portal is not designed to and does not intentionally receive or store payment card information (primary account numbers, or "PAN") subject to PCI DSS. The Portal utilizes features that support storage and retrieval of personal health information ("PHI") subject to HIPAA, including but not limited to segregated, HIPAA-eligible servers, with such authorization limited to designated Portal areas and subject to a fully executed Business Associate Agreement (“BAA”). Access to PHI on the Portal is restricted to covered entities, and Account Owners are responsible for ensuring that PHI is accessed only by authorized workforce members whose job duties require access, consistent with the minimum necessary standard and applicable policies. If your Account is not expressly authorized for PHI use in writing, as evidenced by a BAA, you must not upload, store, or transmit PHI through the Portal.
7.5 No Sale of User Data. Except as described in these Terms or required by law, Degree Wellness will not sell User Data.
7.6 Responsibility. You represent that: (a) you have all necessary rights to upload User Data; (b) User Data does not violate any law or rights of others; and (c) User Data complies with these Terms. Degree Wellness may delete or disable access to User Data it reasonably believes violates these Terms.
8. USER CONDUCT AND ACCEPTABLE USE POLICY
8.1 Prohibited Activities. You shall not: (a) Upload content that is unlawful, defamatory, or infringes intellectual‑property rights; (b) Attempt to gain unauthorized access to the Portal or its related systems; (c) Introduce malware, ransomware, or other malicious code; (d) Interfere with or disrupt the integrity or performance of the Services; (e) Send spam, phishing, or unsolicited commercial messages; (f) Use the Services to compete with Degree Wellness or solicit Users for competing services.
8.2 Additional Restrictions. You shall not (a) access the Services using automated means except as expressly permitted by Degree Wellness in writing, (b) scrape, crawl, or harvest data from the Portal, (c) reverse engineer, decompile, or attempt to derive source code or underlying ideas from the Portal Software, or (d) remove or obscure proprietary notices.
8.3 Remedies. Degree Wellness may suspend or terminate access, remove content, and/or report misconduct to appropriate authorities for violations of this Section.
9. INTELLECTUAL PROPERTY RIGHTS AND LICENSES
9.1 Portal Software and Content. The Portal Software, user interface, and all Degree Wellness‑created or EM‑created content, templates, training materials, brand standards, SOPs, policies, forms, manuals, playbooks, communications, and other materials made available by Degree Wellness through the Portal, excluding User Data ("Degree Wellness Content") are protected by U.S. copyright, trademark, and other laws. Except for the limited rights expressly granted, no license or other rights are granted by implication or otherwise.
9.2 Feedback. If you provide suggestions or feedback about the Services (“Feedback”), Degree Wellness may use the Feedback without restriction or compensation.
10. PRIVACY AND SECURITY
10.1 Privacy Notice. Degree Wellness’s Privacy Notice, available on the Portal, describes how personal information is collected and used. By using the Portal, you consent to the Privacy Notice.
10.2 Security Practices. EM employs commercially reasonable technical and organizational measures designed to secure the Services and User Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.
10.3 Incident Response. Degree Wellness will notify Admins without undue delay after becoming aware of a confirmed security breach of User Data, consistent with applicable U.S. data‑breach laws.
10.4 Monitoring and Logs. Degree Wellness and EM may collect and use technical and usage data, audit logs, device and browser information, and activity records (including access times and actions taken within the Portal) to operate, secure, support, troubleshoot, and improve the Services; to investigate potential misuse; and to comply with legal obligations. Such information may be made available to Admins.
11. THIRD‑PARTY SERVICES AND INTEGRATIONS
11.1 Integrations. The Portal may integrate with third‑party applications (e.g., Braze, Google, Mindbody). Use of third‑party services is subject to their own terms and privacy policies. While Degree Wellness attempts to properly vet any third-party services used in connection with the Portal, using commercially reasonable diligence, Degree Wellness is not responsible for third‑party services.
11.2 Data Exchange. By using the Portal, you authorize Degree Wellness to exchange data with the third‑party service as necessary to support the integration.
12. FEES AND PAYMENT (IF APPLICABLE)
12.1 Portal Access Fees. At present, Degree Wellness does not charge Users a fee for standard access to the Portal. Degree Wellness reserves the right to introduce subscription plans or fees in the future. If fees are introduced, Degree Wellness will provide at least thirty (30) days’ prior notice, and your continued use after the effective date constitutes agreement to pay applicable fees.
12.2 Additional Services. Certain premium features or Add‑Ons may require separate payment as described in an order form or click‑through agreement.
13. TERM, SUSPENSION, AND TERMINATION
13.1 Term. These Terms commence on the Effective Date and continue until terminated as provided herein.
13.2 Suspension. Degree Wellness may suspend access immediately if (a) necessary to address a security threat, (b) you materially breach these Terms, or (c) required by law.
13.3 Termination by Degree Wellness. Degree Wellness may terminate your access (a) for cause upon thirty (30) days’ notice if you fail to cure a material breach, or (b) immediately if your employment or franchise agreement ends.
13.4 Termination by User. You may terminate your Account at any time by contacting techsupport@degreewellness.com. Termination is effective when Degree Wellness deactivates your Account.
13.5 Effect of Termination. Upon termination, your access to the Portal ceases. Degree Wellness may retain User Data for as long as necessary to comply with applicable state laws. After that period, User Data may be permanently deleted.
13.6 Legal Hold; Compliance Retention. Notwithstanding Section 13.5, Degree Wellness may retain User Data for longer periods if required by law, regulation, court order, subpoena, legal hold, or internal compliance requirements, or to resolve disputes and enforce these Terms. Where feasible, such retained data will be access‑restricted.
14. CONFIDENTIALITY
14.1 Definition. “Confidential Information” means any non‑public information disclosed by a party to the other that is designated confidential or that a reasonable person would understand to be confidential, including but not limited to product roadmaps, technical data, and business plans.
14.2 Exclusions. Confidential Information does not include information that (a) is or becomes public without breach of these Terms, (b) was known to the receiving party before receipt, (c) was independently developed, or (d) is rightfully received from a third party without restriction.
14.3 Obligations. The receiving party will: (a) use reasonable care to protect Confidential Information, (b) use it only for purposes of these Terms, and (c) not disclose it to any third party except to employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations as protective as these Terms.
14.4 Compelled Disclosure. A party may disclose Confidential Information if required by subpoena or court order, provided it gives reasonable notice to the disclosing party (unless legally prohibited) and cooperates with efforts to limit disclosure.
15. DISCLAIMERS AND NO WARRANTIES
15.1 AS‑IS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DEGREE WELLNESS, EM, AND THEIR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON‑INFRINGEMENT.
15.2 No Guarantee. DEGREE WELLNESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR‑FREE, OR SECURE, OR THAT DATA LOSS WILL NOT OCCUR.
16. LIMITATION OF LIABILITY
16.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEGREE WELLNESS, EM, NOR THEIR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
16.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR LIABILITY ARISING FROM A PARTY’S (A) WILLFUL MISCONDUCT, (B) FRAUD, (C) GROSS NEGLIGENCE, (D) INDEMNIFICATION OBLIGATIONS UNDER SECTION 17, OR (E) BREACH OF OBLIGATIONS RELATING TO PROTECTED HEALTH INFORMATION (“PHI”) UNDER APPLICABLE HIPAA REQUIREMENTS OR A BUSINESS ASSOCIATE AGREEMENT, THE AGGREGATE LIABILITY OF DEGREE WELLNESS, EM, AND THEIR AFFILIATES FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (I) USD 2,500 OR (II) THE TOTAL FEES (IF ANY) PAID BY YOU TO DEGREE WELLNESS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
17. INDEMNIFICATION
You will defend, indemnify, and hold harmless Degree Wellness, EM, their Affiliates, and their respective officers, directors, employees, and agents from any third‑party claims, damages, or expenses arising out of or related to (a) your breach of these Terms, (b) User Data, or (c) your unlawful use of the Services.
18. COMPLIANCE WITH U.S. LAWS
18.1 Export Controls. You will comply with all U.S. export‑control and economic‑sanctions laws that apply to your use of the Services.
18.2 Government Users. If you are a U.S. Government entity, the Services are “commercial computer software” under applicable regulations, and you receive only the rights specified in these Terms.
19. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Florida, without regard to conflict‑of‑laws principles. Any disputes arising under these Terms will be resolved exclusively in the state or federal courts located in Duval County, Florida, and each party consents to personal jurisdiction and venue in those courts. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.
20. GENERAL PROVISIONS
20.1 Entire Agreement. These Terms constitute the entire agreement between you and Degree Wellness regarding use of the Portal and supersede any prior agreements.
20.2 Assignment. You may not assign these Terms without Degree Wellness’s prior written consent. Degree Wellness may assign these Terms to an Affiliate or in connection with a merger or sale of assets.
20.3 Force Majeure. Neither party will be liable for failure to perform due to events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or utility failures.
20.4 Severability. If any provision is held unenforceable, the remainder of the Terms will remain in effect.
20.5 No Waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.
20.6 Relationship to Franchise Agreements and Policies. If you are a franchise owner or franchise employee, your access to and use of the Portal may also be governed by applicable franchise agreements, manuals, system standards, and policies. To the extent permitted by law, those documents may impose additional requirements regarding confidentiality, brand standards, and operational data. If there is a conflict between these Terms and a written franchise agreement between you (or your franchise entity) and Degree Wellness, the franchise agreement controls with respect to the subject matter of that conflict.
20.7 Notices. Legal notices must be sent to:
Degree Wellness Franchise, LLC
Attn: Legal Department
200 Riverside Avenue, Suite 8
Jacksonville, FL 32202
or by email legal@degreewellness.com
Notices to you may be sent via the Portal, email, or your last known postal address.
BY USING THE DEGREE WELLNESS TEAM PORTAL, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.