Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Member") and Myha LLC ("Myhá," "we," "us," or "our"), governing your access to and use of the Myhá wellness platform available at myha.nyc and any related services (collectively, the "Service"). By creating an account, completing the intake process, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. About Myhá

Myhá is a premium wellness scheduling and curation service. Founded and operated by Max Shaw, Myhá designs personalized weekly wellness routines for Members based on an individualized intake process. Routines are built around an evidence-informed sequencing methodology that considers how the mind and body respond across wellness modalities, including movement, recovery, and restoration, in a deliberate order.

Myhá selects and recommends third-party wellness destinations — including studios, spas, and fitness facilities — and coordinates and schedules sessions at those venues on the Member's behalf. Members review, confirm, modify, or decline scheduled sessions through the platform before payment is processed.

2. Not Medical Advice

Myhá is not a medical practice, healthcare provider, or licensed clinical service. Nothing provided through the Service constitutes medical advice, diagnosis, or treatment.

The wellness routines, sequencing methodology, and recommendations provided by Myhá are general in nature and are intended solely as wellness guidance. Myhá does not employ licensed physicians, physical therapists, or any other licensed medical professionals in the delivery of its services.

You acknowledge that you have consulted, or will consult, a qualified healthcare provider before beginning any new wellness or fitness program. Myhá assumes no liability for any health outcomes — whether positive or negative — arising from following or not following Myhá's wellness guidance. You are solely responsible for your own health decisions.

3. Third-Party Venues

Myhá is not a wellness studio, spa, gym, or fitness facility. Myhá does not own, operate, employ, or control any third-party venue, instructor, or service provider recommended through the platform. All physical wellness activities take place at independent third-party venues.

Each third-party venue operates under its own terms of service, liability waivers, cancellation policies, and insurance coverage, which are entirely separate from and independent of your Myhá membership. You are solely responsible for reviewing, understanding, and agreeing to the terms presented by any third-party venue before participating in sessions there.

Myhá assumes no liability for:

• The quality, safety, availability, or conduct of any third-party venue, instructor, or service provider
• Injuries, accidents, or adverse health outcomes arising from participation in sessions at third-party venues
• Cancellations, scheduling changes, or service disruptions caused by third-party venues
• Any loss, damage, or harm of any kind arising from your interaction with any third-party venue

4. Membership and Billing

4.1 Membership Tiers

Myhá offers membership plans at rates published on the Myha.nyc website or communicated directly to Members at the time of enrollment, including any promotional, founding member, or commitment-based pricing as applicable. Current pricing, available tiers, and associated features are displayed at myha.nyc and may vary based on membership type or promotional period. Myha reserves the right to modify pricing and tier structures with reasonable prior notice to active Members.

4.2 Billing

Membership fees are billed monthly on a recurring basis via Stripe. By enrolling, you authorize Myhá to charge your designated payment method on a recurring monthly basis until your membership is cancelled.

4.2.1 Failed Payments and Account Suspension

If a scheduled payment fails, Myha will notify the Member and allow a grace period of five (5) business days to resolve the payment issue. If payment is not received within the grace period, Myha reserves the right to suspend the Member's access to the Service until the outstanding balance is settled. Continued non-payment may result in termination of membership in accordance with Section 13.

4.3 Cancellation

You may cancel your membership at any time by contacting Myhá directly. Cancellation takes effect at the end of the current billing period. Myhá does not offer refunds for partial months or unused sessions unless otherwise required by applicable law.

4.4 Session Bookings and Cancellations

Sessions scheduled at third-party venues are subject to the cancellation and rescheduling policies of those venues. Myhá will make reasonable efforts to communicate relevant policies to Members, but Myhá is not responsible for fees, charges, or losses incurred as a result of a Member's cancellation or no-show at a third-party venue.

5. Refunds

5.1 Membership Fees

Myha membership fees are non-refundable except as set forth in this section or as otherwise required by applicable law. Cancellation of membership takes effect at the end of the current billing period, and no refund or credit is issued for any unused portion of that period.

5.2 Myha-Initiated Session Changes

If Myha cancels or reschedules a confirmed session on a Member's behalf due to a reason within Myha's control, Myha will, at its discretion, offer the Member either a credit toward a future session or a partial refund reflecting the value of the affected session. The form of remedy will be determined by Myha on a case-by-case basis and communicated to the Member directly.

5.3 Third-Party Venue Cancellations

If a session is cancelled or disrupted by a third-party venue, any refund or credit is subject to that venue's own policies. Myha is not responsible for refunds arising from third-party venue cancellations and will not issue credits for sessions cancelled at the venue's initiative unless Myha determines, in its sole discretion, that a remedy is warranted.

5.4 Member Satisfaction

Myha is committed to delivering a high-quality, personalized wellness experience. If a Member is dissatisfied with their wellness routine or the Service, Myha will consider requests for credits or partial refunds on a case-by-case basis. Such requests should be submitted to Myha directly. Myha has no obligation to issue a refund on the basis of dissatisfaction but may do so at its sole discretion.

5.5 Chargebacks

Members agree to contact Myha directly to resolve any billing concerns before initiating a chargeback with their payment provider. Myha reserves the right to suspend or terminate the membership of any Member who initiates a chargeback without first seeking resolution through Myha.

6. Member Responsibilities

By using the Service, you represent and agree that:

• You are at least 18 years of age
• You are voluntarily participating in a wellness scheduling and curation service
• You understand that Myha's recommendations are general wellness guidance and not medical advice
• You have consulted or will consult a qualified healthcare provider before beginning any wellness program
• You are solely responsible for your own health, safety, and physical condition
• You will independently review and agree to the terms and waivers of any third-party venue before participating in sessions
• You will provide accurate and complete information during onboarding and promptly update your information as needed
• You will not share your account credentials with any third party

7. Communications Consent

7.1 Service Communications

By enrolling as a Member, you consent to receive communications from Myha that are necessary for the delivery of the Service. Service communications include session confirmations, scheduling updates, wellness plan delivery, reminders, and other notices directly related to your membership. These may be sent via email, SMS/text message, or phone call. Because these communications are integral to the Service, opting out of them may affect Myha's ability to deliver your wellness routine effectively.

7.2 Relationship and Appreciation Communications

In addition to service communications, Myha may reach out to Members through channels including email, SMS/text message, phone call, physical mail, and personal gestures of appreciation — which may include physical or digital gifts. These communications reflect Myha's commitment to a personal, high-touch membership experience and may include seasonal greetings, milestone acknowledgments, member appreciation, and similar outreach.

These relationship communications are separate from service communications and are entirely optional. You may opt out of them at any time by notifying Myha directly without any effect on the delivery of your wellness routine.

7.3 Opt-Out

You may opt out of SMS communications at any time by replying STOP to any text message from Myha. You may opt out of non-essential email communications by following the unsubscribe link in any email or by contacting Myha directly. To opt out of phone calls or physical mail, please contact Myha directly. Standard messaging and data rates may apply to SMS communications.

Opting out of relationship and appreciation communications will not affect your membership, your wellness routine, or Myha's delivery of service communications.

8. Intellectual Property

All content, methodology, design, and materials available through the Myhá platform — including the sequencing methodology, wellness frameworks, platform design, and written content — are the exclusive intellectual property of Myha LLC and are protected by applicable copyright, trademark, and other laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial wellness purposes. You may not reproduce, distribute, modify, reverse-engineer, or create derivative works from any Myhá content or materials without prior written consent.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MYHÁ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Myhá does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components. Myhá does not warrant the accuracy, completeness, or usefulness of any content provided through the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYHÁ AND ITS OWNERS, OPERATORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF REVENUE, OR DATA LOSS, ARISING FROM YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY WELLNESS ACTIVITIES.

In no event shall Myhá's total liability to you for any claims arising under these Terms exceed the total amount paid by you to Myhá in the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Myha LLC and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your participation in activities at any third-party venue; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

Any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in New York County, New York. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13. Modifications to These Terms

Myhá reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email or through the platform with reasonable advance notice. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes.

14. Termination

Myhá reserves the right to suspend or terminate your membership and access to the Service at any time, with or without cause, and with or without prior notice, including for violation of these Terms. Upon termination, your right to access the Service will immediately cease.

15. Assumption of Risk

Participation in physical wellness activities carries inherent risk of injury, illness, or death. By using the Service, you expressly assume all such risks.

You acknowledge and agree that: (a) physical wellness activities, including but not limited to movement, exercise, fitness training, and bodywork, involve inherent risks that cannot be fully eliminated; (b) you are voluntarily choosing to participate in such activities; (c) you are solely responsible for assessing your own physical condition and fitness for participation; and (d) Myha has made no representations or warranties regarding the safety or suitability of any activity or venue for your individual circumstances.

This assumption of risk applies to activities conducted at all third-party venues recommended through the Service and is in addition to, not in lieu of, any waivers or releases required by those venues directly.

16. Accuracy of Intake Information

The quality and safety of your personalized wellness routine depends on the accuracy and completeness of the information you provide during the intake process and throughout your membership. You represent and warrant that all information you provide to Myha is truthful, accurate, and complete to the best of your knowledge.

Myha's liability is expressly limited with respect to any harm, adverse outcome, or service failure arising from inaccurate, incomplete, or outdated information provided by a Member. You agree to promptly notify Myha of any material changes to your health, physical condition, schedule, or wellness goals that may affect your routine.

17. Electronic Agreement

By creating an account, completing the intake process, checking an acceptance box, or otherwise using the Service, you acknowledge that you have read, understood, and agreed to these Terms. You agree that your electronic acceptance constitutes a legally binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable New York law, and that these Terms are fully enforceable as a written agreement.

18. Entire Agreement and Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Myha LLC with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter herein.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The failure of Myha to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

19. Contact

If you have questions about these Terms, please contact Myha LLC at:

• Website: myha.nyc
• Location: New York, NY