Terms of Service
DEGREE WELLNESS TEAM PORTAL TERMS OF SERVICE
Last Updated: June 1, 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 and related network, code, and content are owned and operated for Degree Wellness by Everyday Media, LLC (“Everyday Media”). Everyday Media 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.
“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 Customer Data, and (d) committing the Account to additional terms or fees.
“Customer Data” means any data, information, files, text, images, or other content uploaded or transmitted to the Portal by or on behalf of a User.
“Portal Software” means all code, databases, APIs, and user‑interface components created, owned, or licensed by Everyday Media 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.
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. For material changes, we will provide reasonable advance notice via the Portal banner or email. 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. Everyday Media 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. The Portal is intended for use solely 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.
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 a change materially diminishes core functionality, we will 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 Help Desk immediately at support@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.
7. CUSTOMER DATA
7.1 Ownership. As between the parties, you retain all right, title, and interest in and to Customer Data. These Terms do not transfer ownership of Customer Data to Degree Wellness or Everyday Media.
7.2 License to Host and Process. You grant Degree Wellness and Everyday Media a worldwide, non‑exclusive, royalty‑free license to host, reproduce, distribute, display, and process Customer Data solely to provide and support the Services.
7.3 Responsibility. You represent that: (a) you have all necessary rights to upload Customer Data; (b) Customer Data does not violate any law or rights of others; and (c) Customer Data complies with these Terms. Degree Wellness may delete or disable access to Customer Data it reasonably believes violates these Terms.
7.4 Restrictions on Sensitive Data. The Portal is not designed to store protected health information (as defined by HIPAA), payment card information subject to PCI DSS, or other highly regulated personal data categories. Do not upload such data unless Degree Wellness has expressly agreed with you individually in writing to support the applicable compliance framework.
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 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 Everyday Media‑created content (excluding Customer Data) 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. Everyday Media employs commercially reasonable technical and organizational measures designed to secure the Services and Customer 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 Customer Data, consistent with applicable U.S. data‑breach laws.
11. THIRD‑PARTY SERVICES AND INTEGRATIONS
11.1 Optional Integrations. The Portal may integrate with third‑party applications (e.g., Slack, Google Workspace, Zapier). Use of third‑party services is subject to their own terms and privacy policies. Degree Wellness is not responsible for third‑party services.
11.2 Data Exchange. By enabling an integration, you authorize Degree Wellness to exchange data with the third‑party service as necessary to support the integration. Disable an integration to stop data flow going forward.
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 the Help Desk. 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 Customer Data for up to thirty (30) days to allow retrieval unless compelled by law to delete it sooner. After that period, Customer Data may be permanently deleted.
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, EVERYDAY MEDIA, 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, EVERYDAY MEDIA, 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. THE AGGREGATE LIABILITY OF DEGREE WELLNESS, EVERYDAY MEDIA, AND THEIR AFFILIATES FOR ALL CLAIMS RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) USD 10,000 OR (B) 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 LIABILITY.
17. INDEMNIFICATION You will defend, indemnify, and hold harmless Degree Wellness, Everyday Media, 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) Customer 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. CHANGES TO THESE TERMS We may modify these Terms at any time. We will post the revised Terms on the Portal and, if changes are material, provide notice via the Portal or email at least thirty (30) days before the changes take effect. If you disagree with the revised Terms, discontinue use before the effective date. Continued use after that date constitutes acceptance.
20. 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.
21. GENERAL PROVISIONS
21.1 Entire Agreement. These Terms constitute the entire agreement between you and Degree Wellness regarding use of the Portal and supersede any prior agreements.
21.2 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.
21.3 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.
21.4 Severability. If any provision is held unenforceable, the remainder of the Terms will remain in effect.
21.5 No Waiver. A party’s failure to enforce a provision is not a waiver of its right to do so later.
21.6 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 support@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.