These Terms and Conditions (“Terms”) constitute a legally binding agreement between You (“You”, “User”) and FunctionalHairWellness.com (Functional Hair Wellness), operated by Peter Feldman Functional Wellness, a registered trade name of Medical Databanks Corporation, an Ontario corporation (“Company”, “We”, “Us”, “Our”). These Terms govern Your access to and use of all websites, applications, digital tools, eStores, AI systems, community platforms, SMS systems, and services operated by the Company (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.

1. LEGAL ENTITY AND SERVICE DESCRIPTION

FunctionalHairWellness.com (Functional Hair Wellness) is operated by Medical Databanks Corporation, Ontario, Canada.

Operating under the trade name: Peter Feldman Functional Wellness

The Company provides:

• Digital educational consultations

• Trichology-based assessments

• AI-assisted hair and scalp photo analysis

• Lifestyle, nutritional, and behavioral guidance

• Online courses, memberships, and programs

• eCommerce sales (supplements, devices, cosmetics, topicals)

• Client dashboards, communities, and messaging

• Mobile apps (iOS/Android)

• SMS and email communication

• Scalerize/FMFT hosted platform access

The Service is not a medical practice and does not provide diagnosis, treatment, prescriptions, or regulated health services.

2. USER ELIGIBILITY

2.1 Adults (18+)

Adults may create accounts and are fully bound by these Terms.

2.2 Minors (Under 18)

Minors may use the Service ONLY if:

1. A parent or legal guardian creates the account,

2. The parent or guardian consents to all Terms,

3. The parent or guardian uploads all photos,

4. The parent or guardian reviews all recommendations,

5. The parent or guardian accepts full responsibility for minor use.

2.2.1 Children under 13

Use permitted only under:

• Verified parental/guardian consent,

• Parent-controlled account,

• No direct communication with the child.

2.2.2 Teens 13–17

Teens may access educational content, but:

• Parent/guardian is the contracting party,

• Parent/guardian manages all privacy settings,

• Parent/guardian controls opt-ins, uploads, and research consent.

3. NATURE OF SERVICES (NON-MEDICAL)

The Service provides:

• Educational information

• Observational insights

• AI-assisted analysis

• Trichology-based interpretation

• Wellness-oriented guidance

• Lifestyle suggestions

• Toolkits, courses, and programs

THE SERVICE DOES NOT PROVIDE:

• Medical diagnosis

• Medical treatment

• Medical advice

• Prescriptions

• Dermatologic procedures

• Clinical care or psychotherapy

• Emergency or urgent-care services

3.1 No Doctor–Patient or Therapist–Patient Relationship

Use of the Service does not create:

• A physician–patient relationship

• A clinician–patient relationship

• A therapist–patient relationship

You must consult licensed healthcare professionals for medical concerns.

4. PHIPA & HIPAA NON-APPLICABILITY

• The Company is NOT a “Health Information Custodian” under PHIPA (Ontario).

• The Company is NOT a “Covered Entity” or “Business Associate” under HIPAA (U.S.).

• No “medical record” is created by using the Service.

Information You provide is governed by:

• PIPEDA (Canada)

• These Terms

• The Privacy Policy

If You consult external medical professionals, their privacy obligations apply to them, not to Us.

5. ACCOUNT REGISTRATION

You may need an account to use parts of the Service.

You agree to:

• Provide accurate information

• Maintain confidentiality of Your login credentials

• Not share Your account

• Notify Us of unauthorized access

The Company may suspend or terminate accounts at its discretion.

6. ACCEPTABLE USE POLICY

You agree NOT to:

1. Use the Service for illegal purposes

2. Upload harmful, explicit, or misleading content

3. Attempt to bypass or breach security

4. Use automated scripts, scraping, or bots

5. Reverse engineer any part of the Service

6. Introduce viruses, worms, or malicious code

7. Frame, mirror, or clone the Service

8. Use the Service to harass, abuse, or harm others

9. Post defamatory, hateful, obscene, or violent content

10. Use the Service to provide medical advice to others

11. Misrepresent Your identity

12. Use the Service for unauthorized commercial activity

Violations may result in:

• Account termination

• Reporting to authorities

• Legal action

7. ECOMMERCE TERMS (Supplements, Devices, Cosmetics, Topicals)

The Service sells:

• Nutraceuticals

• Vitamins and botanical compounds

• Hair-growth supportive devices

• Non-medicated topicals

• Cosmetics

• Digital goods

• Memberships and subscriptions

7.1 Product Descriptions

We try to be accurate, but:

• We do not guarantee product descriptions

• Colors and images may vary

• Results vary by individual

7.2 No Medical Claims

Products are:

• Not intended to diagnose, treat, cure, or prevent disease

• Not FDA-approved or Health Canada-approved as drugs

• Not a substitute for medical care

7.3 Pricing & Availability

We may change prices at any time.

7.4 Returns & Refunds

• Digital goods: non-refundable

• Supplements & cosmetics: only if unopened

• Devices: subject to inspection

• Shipping not refundable

8. PAYMENT & BILLING TERMS

Payments are processed via PCI-DSS compliant third-party processors.

8.1 Subscriptions

• Automatic renewal unless canceled

• Billing occurs in advance

• No refunds for partially used periods

8.2 Chargebacks

Unauthorized chargebacks may result in account suspension.

8.3 Taxes

You are responsible for all applicable taxes.

9. CONSULTATIONS, AI ASSESSMENTS & TELECOMMUNICATIONS

Consultations are educational only.

AI analysis provides:

• Observational pattern recognition

• Density indicators

• Visual metrics

• Scalp condition flags

AI results are not diagnostic.

9.1 Telecommunication Risks

You acknowledge:

• Data transmission may fail

• Internet issues may occur

• Delays or errors are possible

• The Company is not liable for interruptions

10. SMS COMMUNICATIONS (TCPA/CASL COMPLIANT)

By providing Your phone number, You consent to:

• SMS, MMS, and Text Messaging Compliance (TCPA, CASL, CTIA)

By providing your mobile number, you expressly consent to receive SMS and MMS messages from the Company, including but not limited to appointment reminders, educational messages, service notifications, account alerts, and promotional messages (if opted in). Message frequency varies.

• Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

• You may opt out at any time by replying STOP. You may request assistance by replying HELP. Consent to receive SMS messages is not a condition of purchase.

• You represent that you are the owner or authorized user of the mobile number provided and will notify us if the number changes or is reassigned. You agree not to use the messaging service for unlawful or abusive purposes.

• We comply with all applicable messaging laws including TCPA, CASL, CTIA guidelines, and carrier rules.

• Text STOP to unsubscribe.

11. PHOTO UPLOADS, VIDEO SUBMISSIONS & IMAGE DATA USE

You may upload:

• Hair/scalp photos

• Eyebrow/eyelash photos

• Other relevant photos

• Videos for assessment

11.1 Acceptable Submission Requirements

Photos must:

• Be Your own or Your minor child’s

• Not contain identifiable faces

• Not include background identifying features

11.2 Human Review and AI Analysis

Uploaded media may be reviewed by human reviewers:

• For quality

• For accuracy

• For safety

11.3 Prohibited Uploads

• Nudity

• Graphic content

• Medical lesions not related to hair/scalp or hair loss.

• Images of others without consent

12. LICENSE FOR ANONYMIZED DATA USE (RESEARCH & ALGORITHMIC DEVELOPMENT)

By using the Service, You grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use de-identified and anonymized data—including:

• Hair/scalp images

• Lifestyle data

• Product usage patterns

• Interventions used

• Changes over time

• Behavioral indicators

• Wellness-related information

• AI-derived metrics

• Aggregated improvements

for the purposes of:

• Research

• Observational wellness analysis

• AI training and model improvement

• Algorithm refinement

• Statistical modeling

• Internal reports

• Scientific insights

• Product and service improvement

12.1 Identifiable data

May only be used for research if:

• You do not opt out, AND

• The data is de-identified beforehand.

12.2 Opt-Out

Users (or parents) may opt out at any time by contacting:

info @ functionalhairwellness dot com

Already de-identified data cannot be deleted, which is legally permitted.

13. USER-GENERATED CONTENT (UGC)

Users may submit, upload, post, or transmit various forms of content, including:

• Comments

• Messages

• Reviews

• Photos (subject to Section 11)

• Videos

• Testimonials

• Community posts

• Feedback

• Suggestions

13.1 Ownership of UGC

You retain ownership of Your UGC, but by submitting it You grant the Company a:

• Worldwide

• Non-exclusive

• Royalty-free

• Transferable

• Sub-licensable

license to:

• Store

• Display

• Reproduce

• Modify

• Delete

• Publish within the platform

• Use for internal training, development, and quality assurance

We will not publish UGC outside the Service without additional consent.

13.2 Prohibited UGC

You may not upload:

• Defamatory, hateful, or discriminatory content

• Harassment, bullying, or threats

• Sensitive personal information (e.g., health records)

• Content glorifying violence, self-harm, or illegal acts

• Copyrighted material without authorization

• Commercial advertisements

• Spam or mass messaging

• Pornographic or explicit material

Violation may result in:

• UGC removal

• Account suspension

• Permanent termination

14. TESTIMONIALS AND REVIEWS

If You voluntarily submit testimonials, You grant the Company permission to:

• Display the testimonial (anonymized or public, based on Your submission method)

• Shorten or edit for clarity (without altering meaning)

• Remove or archive at any time

We do not pay for testimonials, nor do we guarantee outcomes.

15. INTELLECTUAL PROPERTY (IP)

All content, including:

• Text

• Graphics

• Designs

• Logos

• Icons

• Software

• AI models

• Algorithms

• Data structures

• Training datasets

• Digital products

• Educational materials

is owned or licensed by the Company.

Unauthorized use, copying, or distribution is prohibited.

15.1 Limited License

We grant You a limited, revocable, non-transferable license to:

• Access the Service

• Use digital products for personal use

You may not:

• Reverse engineer software

• Copy or redistribute content

• Sell or sublicense the Service

16. DMCA COPYRIGHT POLICY

The Company complies with the U.S. Digital Millennium Copyright Act (“DMCA”) for copyright complaints.

16.1 Reporting Infringement

If You believe content on the Service infringes Your copyright, submit a notice containing:

1. Your name, address, and contact information

2. A description of the copyrighted work

3. A description of where the infringing content is located

4. A statement that You have a good-faith belief that use is unauthorized

5. A statement under penalty of perjury that the notice is accurate

6. Your signature (physical or electronic)

16.2 Counter-Notice

If You believe Your removed content is not infringing, You may file a counter-notice with:

• Your name and address

• Identification of removed material

• A statement under penalty of perjury

• Your consent to jurisdiction

We may reinstate the content at our discretion.

16.3 Repeat Infringers

We may terminate accounts of repeat copyright violators.

17. THIRD-PARTY SERVICES & INTEGRATIONS

The Service integrates with:

• Scalerize (FMFT platform)

• HighLevel CRM

• Stripe / PayPal / Scalerize Payments

• Google Analytics / Meta Pixel / TikTok Pixel

• Cloud hosting providers

• SMS gateways

• AI analysis vendors

• Email marketing services

• Webinar providers (Zoom, WebinarJam, etc.)

We are not responsible for:

• Their availability

• Their privacy practices

• Their security

• Their accuracy or behavior

Your use of third-party services is governed by their terms and privacy policies.

18. MOBILE APP LICENSE

If You access the Service via the mobile application (“App”), the following terms apply.

18.1 Limited License

We grant You a limited, revocable, non-transferable license to:

• Download

• Install

• Use the App

on:

• iOS devices

• Android devices

• Tablets

• Other supported platforms

18.2 App Restrictions

You may not:

• Reverse engineer or decompile the App

• Modify or create derivative works

• Sell or sublicense the App

• Interfere with security features

• Use the App for commercial competition

19. APPLE APP STORE TERMS (REQUIRED BY APPLE)

If You downloaded the App from the Apple App Store, You acknowledge:

1. These Terms are between You and the Company, not Apple.

2. Apple is not responsible for the App or its content.

3. Apple has no obligation to provide maintenance or support.

4. Apple is not responsible for:

o Claims

o Losses

o Damages

o Product liability

o Legal compliance

5. You must comply with all App Store terms.

6. Apple has third-party beneficiary rights to enforce these Terms.

20. GOOGLE PLAY STORE TERMS

If You downloaded the App from Google Play:

• You must comply with Google’s Terms of Service

• Google is not liable for App usage

• App updates may occur automatically unless disabled

21. APP PERMISSIONS

The App may request access to:

• Camera (for uploading hair/scalp images)

• Photo library

• Storage

• Internet connection

• Notifications

You may disable permissions in device settings.

22. IN-APP PURCHASES (IAP) AND MOBILE SUBSCRIPTIONS

Some App features may require:

• In-App Purchases

• Renewing mobile subscriptions

• Device-specific billing

22.1 Apple Subscription Rules

If billed through Apple:

• You must cancel via Apple Subscriptions

• Apple processes refunds—not the Company

• Deleting the App does not cancel billing

22.2 Google Play Subscription Rules

If billed through Google:

• Cancel via Google Play Subscriptions

• Google handles refunds

• Uninstalling the App does not cancel billing

23. SERVICE AVAILABILITY, DOWNTIME & UPDATES

We strive to maintain a reliable Service but make no guarantees of:

• Uptime

• Availability

• Error-free performance

• Compatibility with all devices

• Continuous access

We may perform:

• Maintenance

• Feature updates

• Bug fixes

• Temporary (or permanent) suspension of features

Without liability.

24. FORCE MAJEURE

We are not responsible for delays or failures caused by events beyond our control, including:

• Natural disasters

• Internet failures

• Power outages

• War

• Strikes

• Government restrictions

• Epidemics or pandemics

• Supplier failure

• Hosting provider failures

25. COMMUNITY GUIDELINES

Users must:

• Treat others respectfully

• Avoid bullying or harassment

• Not give medical advice to others

• Not post misleading or harmful content

We may suspend or terminate users who violate guidelines.

26. DISCLAIMERS & NO WARRANTIES

THE SERVICE, PRODUCTS, DIGITAL TOOLS, ANALYSES, REPORTS, AND EDUCATIONAL MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including:

• Fitness for a particular purpose

• Merchantability

• Non-infringement

• Accuracy

• Reliability

• Appropriateness

• Error-free functionality

• Security of uninterrupted access

• Suitability of recommendations

• Appropriateness of any lifestyle, supplement, or wellness suggestion

26.1 Educational-Only Disclaimer

All content is:

• Informational

• Educational

• Based on trichology, wellness, and observation

• NOT clinical

• NOT therapeutic

• NOT diagnostic

• NOT medical advice

26.2 AI Disclaimer

AI analysis:

• May contain errors

• Is not a medical tool

• Is not a substitute for dermatological assessment

• Does not detect disease

• Does not replace biopsies or medical evaluation

• Provides observational patterns only

26.3 No Guarantee of Results

We do not guarantee:

• Hair regrowth

• Density improvement

• Stabilization

• Faster growth

• Reduced shedding

• Better scalp condition

• Efficacy of any product, supplement, or device

• Accuracy of AI scoring

• Accuracy of trichology interpretations

All results vary by individual.

27. ASSUMPTION OF RISK

By using the Service, You acknowledge that:

1. Hair loss and scalp conditions are influenced by many factors outside our control

2. No intervention guarantees improvement

3. Supplements, devices, topicals, or lifestyle changes may not be effective

4. AI-assisted results may have inaccuracies

5. Communication delays or technology failures may occur

6. You must consult a physician before changing medications, supplements, or treatments

7. You assume full responsibility for interpreting educational content

You voluntarily assume all risks associated with using:

• Hair wellness programs

• AI reporting

• Supplements

• Devices

• Any product or information provided

28. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND PARTNERS ARE NOT LIABLE FOR:

• Indirect damages

• Incidental damages

• Consequential damages

• Special damages

• Punitive damages

• Emotional distress

• Loss of data

• Loss of profits

• Loss of business

• Technical issues or outages

• AI errors

• Interpretation errors

• Misuse of supplements or devices

• Harm caused by third-party actions

• Unauthorized account access by others

28.1 Maximum Liability

If liability cannot be excluded, the maximum allowed damages are:

The amount You paid in the preceding 12 months, or $100 CAD — whichever is less.

This limitation applies to:

• Contract claims

• Tort claims

• Negligence claims

• Statutory claims

• Warranty claims

29. INDEMNIFICATION

You agree to indemnify, defend, and hold the Company harmless from any claim, loss, liability, demand, or expenses (including legal fees) arising from:

• Your use of the Service

• Your breach of these Terms

• Your violation of laws

• Content or photos You submit

• Data You upload on behalf of a minor

• Actions You take based on educational information

• Misuse of products, supplements, devices, or topicals

• Misrepresentations made to the Company

Parents/guardians indemnify the Company for:

• All use by minors

• All data submitted for minors

• All decisions made regarding minors

30. RESEARCH CONSENT (OPT-OUT)

30.1 Automatic Consent for Anonymized Research

By using the Service, You grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use anonymized and de-identified data for:

• Research

• Algorithm development

• Statistical analysis

• AI model improvement

• Observational hair/wellness studies

• Correlation studies

• Longitudinal pattern analysis

• Product and service enhancement

• Internal reports

• Aggregated insights

• Benchmarking

This includes:

• Hair and scalp images (de-identified)

• Lifestyle data

• Wellness indicators

• Response to interventions

• Product usage patterns

• Time-based changes

• AI-extracted metrics

30.2 Opt-Out

You may opt out by contacting:

info @ functionalhairwellness dot com

Opting out does not:

• Delete previously anonymized data

• Affect the legality of past research use

• Affect Your ability to use the Service

30.3 Minor Research Consent

Parents:

• Consent automatically on behalf of minors

• May opt out on behalf of the minor

• Understand anonymized data may still be used

30.4 Not Clinical Research

We do not conduct:

• Clinical trials

• Medical research

• Regulated human-subjects research

Research is observational, wellness-oriented, and non-medical.

31. PARENTAL/GUARDIAN RESPONSIBILITIES

Parents or guardians who allow minors to use the Service agree to:

1. Create and control the minor’s account

2. Supervise all usage

3. Upload photos and data on behalf of the minor

4. Provide accurate information

5. Accept full legal responsibility for the minor’s data

6. Review all outputs and communications

7. Consent to research use (with opt-out rights)

8. Ensure minors do not misuse the Service

9. Ensure minors do not access supplements/devices without professional guidance

32. TERMINATION

We may suspend or terminate Your account:

• For violating these Terms

• For illegal or harmful activity

• For abusive conduct

• For providing misleading information

• For breaching community guidelines

• For repeated policy violations

You may terminate Your account at any time by contacting Us.

32.1 Effect of Termination

Upon termination:

• Access to the Service ends

• Some data may be retained for legal obligations

• Anonymized data may be retained permanently

• No refunds will be issued unless required by law

33. GOVERNING LAW

These Terms are governed by the laws of:

Province of Ontario, Canada

Without regard to:

• Conflict of law principles

• Jurisdictional inconsistencies

If You reside outside Canada, You remain bound by these Terms.

34. DISPUTE RESOLUTION & ARBITRATION

34.1 Good-Faith Resolution

Parties will first attempt resolution through:

1. Written notice

2. Discussion

3. Negotiation

34.2 Mediation

If unresolved, parties will attempt mediation.

34.3 Binding Arbitration

If still unresolved, disputes will be submitted to binding arbitration under the laws of Ontario.

34.4 No Class Actions

YOU WAIVE:

• Class actions

• Collective actions

• Joint litigation

and agree to resolve disputes individually.

35. EXPORT CONTROLS & SANCTIONED COUNTRIES

You may not use the Service if You:

• Are located in embargoed jurisdictions

• Are prohibited under international sanctions

• Intend to use the Service for sanctioned purposes

36. SERVICE MODIFICATIONS

We may modify, update, suspend, or discontinue any part of the Service at any time without liability.

Examples:

• Feature removal

• App redesign

• API retirement

• New pricing

• Platform migration

37. CHANGES TO THESE TERMS

We may update or modify these Terms at any time.

Changes may include:

• New sections

• Updated legal requirements

• Feature expansions

• Adjustments due to new regulations

37.1 Notice of Changes

We may notify You of changes by:

• Posting the new Terms on the website

• Updating the “Last Updated” date

• Email notification (if required)

• App push notifications (if applicable)

Continued use of the Service constitutes acceptance of updated Terms.

38. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable:

• The remaining provisions remain fully enforceable

• The invalid provision will be replaced with one that reflects the original intent, to the extent permitted by law

39. ASSIGNMENT

You may not assign, transfer, or sublicense:

• Your account

• Your rights

• Your obligations

The Company may assign these Terms:

• To an affiliate

• In the event of a merger

• In connection with asset transfer

• During corporate restructuring

without requiring Your consent.

40. WAIVER

Failure to enforce any part of these Terms:

• Does not constitute a waiver of rights

• Does not prevent future enforcement

No waiver is effective unless in writing.

41. ENTIRE AGREEMENT

These Terms, along with:

• The Privacy Policy

• Disclaimers

• Product-specific notices

• Subscription terms

• Community guidelines

• App permissions and store terms

• Research opt-out procedures

• Minor/guardian consent rules

constitute the entire agreement between You and the Company.

They replace:

• Any prior agreements

• Communications

• Representations

• Understandings

related to the Service.

42. SURVIVAL OF TERMS

The following sections survive termination of Your account:

• Section 12 (Anonymized Data License)

• Section 26–30 (Disclaimers, Liability, Research Consent)

• Section 28 (Limitation of Liability)

• Section 29 (Indemnification)

• Section 33–34 (Governing Law & Arbitration)

• Section 41 (Entire Agreement)

• All other clauses intended to survive termination

43. NOTICES

We may provide notices to You by:

• Email

• SMS

• App notifications

• Website updates

• Within Your account dashboard

You must provide notices to Us via:

info @ functionalhairwellness dot com

Notices are effective when sent or posted.

44. CONTACT INFORMATION

For questions or concerns about these Terms, contact:

FunctionalHairWellness.com c/o Functional Hair Wellness

Operated by Peter Feldman Functional Wellness

Trade name of Medical Databanks Corporation

Email: info @ functionalhairwellness dot com

Address: 290 Caldari Rd, Unit 11, Vaughan, Ontario, L4K 4J4, Canada

We respond within reasonable timeframes.

45. ACKNOWLEDGEMENT

By using the Service, You acknowledge that You:

1. Have read and understood these Terms

2. Agree to be bound by them

3. Accept all disclaimers

4. Understand the non-medical nature of the Service

5. Understand AI limitations

6. Consent to anonymized research use (with opt-out as provided)

7. Accept responsibility for Your use (or Your minor child’s use)

8. Agree to the dispute resolution process

46. EXECUTION

No signature is required.

These Terms are binding upon:

• Visiting the website

• Creating an account

• Purchasing products

• Uploading data or images

• Using the App

• Participating in a consultation

• Joining a program or membership

Your continued use constitutes acceptance.