Terms of Service

Last updated March 5, 2024

Welcome to NoomVibe, a subsidiary of Noom, Inc. (collectively, “Noom,” “we,” “us,” “our”)! These Terms of Service govern your access to and use of the services offered by Noom via NoomVibe’s websites and apps (“NoomVibe” or the “Service(s)”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using NoomVibe and the Services, you agree to be bound by these Terms, our Privacy Policy, our Community Guidelines, and any other supplemental terms or codes of conduct for the Service or offerings that you access (collectively, as may be amended from time to time, the “Terms of Service” or “Terms”).

NoomVibe provides its Services (described below) to you through its mobile application (“App”) and website located at www.noomvibe.com, and such other mobile applications and websites as may be added to NoomVibe from time to time (the “Sites”) and through its mobile applications and related services (collectively, such Services, including the Apps and any new features and applications, and the Sites, are the “Services)”), subject to the following Terms of Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

SECTION 11 (DISPUTE RESOLUTION) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND US. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 12) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 11 (OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

You should print a copy of the Terms or save them to your computer for future reference. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise this Agreement from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you and we may require you to provide consent to the new Agreement in a specified manner before further use of the Service is permitted. By continuing to access or use Noom after revisions become effective, you agree to be bound by the revised Agreement. If you don’t agree to the revised Agreement, please stop using Noom and cancel your subscription as set forth in Section 6.6 below.

Access and Use of the Services
1. Services Description: The Services are designed to allow users to engage in voice-based, video, or other types of conversations with coachess and experts (each, a “Coach”), friends and other people or users. Each App or Service may have additional terms or codes of conduct (to the extent not included herein), which are incorporated by reference into these Terms. You can find those at www.noomvibe.com.
2. Your Registration Obligations: You may be required to register with NoomVibe in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration forms. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 18 years old to use the Services.
3. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify NoomVibe of any unauthorized use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. NoomVibe will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Optional Aspects of the Services: Certain users may apply to be Coaches, Top Coaches, or Ambassadors/Influencers on certain of the Services. For users wishing to apply for these positions, we may require social media usernames and other information, such as age and educational background. NoomVibe's decision about whether to grant any user these positions is solely in our discretion.
5. Modifications to Services: NoomVibe reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that NoomVibe will not be liable to you or to any third party for any modification, suspension ordiscontinuance of the Services.
6. General Practices Regarding Use and Storage: You acknowledge that NoomVibe may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services, the types of content permitted, the categories of content, and the maximum storage space that will be allotted on NoomVibe’s servers on your behalf. You agree that NoomVibe has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services, including with no notice to you. You acknowledge that NoomVibe reserves the right to terminate accounts for any reason, including ones that are inactive for an extended period of time. You further acknowledge that NoomVibe reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. Mobile Services: The Services includes certain Services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through applications downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding NoomVibe and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us (for more information about information that we gather, please see our Privacy Policy). In the event you change or deactivate your mobile telephone number, you agree to promptly update your NoomVibe account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
1. User Conduct: You are solely responsible for all voice, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by NoomVibe. NoomVibe reserves the right to investigate and take appropriate legal action against anyone who, in NoomVibe’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:
  1. engage in any conversation or otherwise upload any content that (A) infringes any intellectual property or other proprietary rights of any party; (B) you do not have a right to upload under any law or under contractual or fiduciary relationships; (C) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (D) poses or creates a privacy or security risk to any person; (E) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (F) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (G) in the sole judgment of NoomVibe, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose NoomVibe or its users to any harm or liability of any type;
  2. record any portion of a conversation without the expressed consent of all of the Coaches and users involved (note however that certain of the Services may include a recording feature, and use of that feature, where available, is permitted per the Terms herein and such additional terms as may be applicable);
  3. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  4. violate any applicable local, state, national or international law, or any regulations having the force of law;
  5. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. solicit personal information from anyone;
  7. harvest or collect email addresses, usernames, or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  8. advertise or offer to sell or buy any goods or Services for any business purpose that is not specifically authorized;
  9. promote or aid in the building of a competitive product or service, copy the Services’ features or user interface, or solicit users or customers from the Services;
  10. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  11. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
2. Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your personal use.
Third-Party Distribution Channels
1. Subscriptions Obtained Through Third Parties. If you obtain a NoomVibe Service via a third party application store (e.g., the Apple App Store or Google Play) (each, an “App Store”), that Service is also subject to the third party’s terms, and the provisions in these Terms concerning subscription purchase, billing, cancellation/refunds, and payment do not apply to that Service to the extent this Agreement conflicts with the applicable third party’s terms regarding any applicable subscription purchase, billing, cancellation/refunds and payments. For subscriptions obtained via a third party App Store, your billing relationship will be directly with the applicable third party App Store. Any fees charged for your use of the Service will be billed by the applicable third party App Store using the payment information you have provided to such third party App Store. To cancel the Service obtained via a third party App Store, please follow the cancellation instructions set out by the applicable third party App Store or visit our support center here.
2. App Stores. With respect to any NoomVibe application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. With respect to any application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the application on a shared basis within your designated family group. Additionally, the following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
  1. You acknowledge and agree that (i) These Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
  2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
  4. We and you acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  6. We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  7. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Intellectual Property Rights
1. Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by NoomVibe, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by NoomVibe from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of NoomVibe, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NoomVibe.
2. The Noom and NoomVibe name and logos and the Sites are trademarks and Services marks of Noom (collectively the “Noom Trademarks”). Other NoomVibe, products, and Services names and logos used and displayed via the Services may be trademarks or Services marks of their respective owners who may or may not endorse or be affiliated with or connected to NoomVibe. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NoomVibe Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of NoomVibe Trademarks will inure to our exclusive benefit.
3. Third-Party Material: Under no circumstances will NoomVibe be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that NoomVibe does not pre-screen content, but that NoomVibe and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, NoomVibe and its designees will have the right to remove any content that violates these Terms of Service or is deemed by NoomVibe, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
4. User Content Transmitted Through the Services: With respect to the User Content or other materials you upload through the Services or share with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant NoomVibe and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, delete, distribute, store, commercialize, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. For the avoidance of doubt, there shall be no further obligation on Noom to provide notice or seek permission regarding its use of User Content and materials submitted or uploaded into NoomVibe or any of the Services as described herein.
5. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to NoomVibe are non-confidential and NoomVibe will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. You acknowledge and agree that NoomVibe may preserve content and User Content, may distribute or otherwise make such content available to the public as detailed in this Section, and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NoomVibe, its users and the public, including for purposes of performing Code of Conduct incident investigations. By using the Services, you consent to having your audio/voice recorded when you speak, and yourself to be video-recorded as applicable, while using the Services. For certain Services, these audio recordings are accessible on profiles, where they can be accessed by users of the relevant Service, may be distributed to the public or otherwise made publicly available by NoomVibe (including, without limitation, for publication and syndication on NoomVibe podcasts), and may also be available for sharing by other users. Individual users on these Services may decide to remove the recordings from their profiles. However, for all of its Services, NoomVibe may nonetheless retain audio recordings. For more details on how this works, please consult our Privacy Policy and applicable Codes of Conduct. You also understand that the technical processing and transmission of the Services, including your content, may involve (x) transmissions over various networks; and (y) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Copyright Complaints: NoomVibe respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify NoomVibe of your infringement claim in accordance with the procedure set forth below.
  1. NoomVibe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to NoomVibe at support@noomvibe (Subject line: “DMCA Takedown Request”).
  2. To be effective, the notification must be in writing and contain the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
8. Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
  1. your physical or electronic signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of New Jersey and a statement that you will accept Services of process from the person who provided notification of the alleged infringement.
  5. If a counter-notice is received by the Copyright Agent, NoomVibe will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
9. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, NoomVibe has adopted a policy of terminating, in appropriate circumstances and at NoomVibe's sole discretion, users who are deemed to be repeat infringers. NoomVibe may also at its sole discretion limit access to the Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites: The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. NoomVibe has no control over such sites and resources and NoomVibe is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that NoomVibe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or Services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that NoomVibe is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
1. You may enable or log in to the Services via various online third-party Services, such as social media and social networking Services like LinkedIn, Instagram or Twitter (“Social Networking Services”). In some instances, we may require provision of social media usernames for users of Noom and NoomVibe, or users who wish to become Coaches, Top Coaches, or Ambassadors/Influencers. By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and NoomVibe’s use, storage and disclosure of information related to you and your use of such Services within NoomVibe (including your friend lists and the like), please see our Privacy Policy at noomvibe.com/privacy. However, please remember that the manner in which Social Networking Services use, store, delete, and disclose your information is governed solely by the policies of such third parties, and NoomVibe shall have no liability or responsibility for the privacy practices or other actions of any third party site or Services that may be enabled within the Services.
2. In addition, NoomVibe is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, NoomVibe is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. NoomVibe enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Vibescoin ("Vibes”) is a loyalty points program that rewards users. Some of our Services may allow users and Coaches to collect Vibes. The activities that can generate Vibes and the amount of Vibes available for each activity will be posted here or on the relevant section of the applicable App or Service. Vibes are available only on NoomVibe and available to Coaches or users, subject to applicable terms and conditions of such Vibes. Once earned, Vibes may be exchanged for gift cards through our gift card vendor, charitable donations to specified organizations, or as otherwise indicated in NoomVibe. Vibes may not be transferred and have no cash value. Once used, they are non-refundable. Noom reserves the right to eliminate, adjust, and change all aspects of the Vibes program at any time, including the award levels or exchange rates attached to any particular activity, eligibility, and gift card or charitable cause reward levels. Noom reserves the right to revoke or stop issuing Vibes at any time and to set expiration dates for Vibes, without notice, refund, or compensation. Vibes may not be redeemed for money or monetary value. If you delete your account or it is terminated for any reason, you will forfeit any accumulated Vibes. Bugs or exploits in the granting of Vibes may occur. Bugs will be corrected at the sole discretion of Noom and will lead to the resetting of Vibes balances to proper levels at any time, as if the bug was not present, or to zero out your balance without any recourse. Suspected abuse or suspected exploits of Vibes by users will result in the deletion of an account without warning and the forfeiture of accumulated Vibes. The company may take such action against accounts that did not engage in problematic behavior. Coaches or specified users may redeem only 1 Vibes reward per calendar day. If more than 1 Vibes reward is redeemed or Noom observes or suspects any suspicious or malicious activity, they may be voided at Noom’’s sole discretion.
Indemnity and Release: You agree to release, indemnify and hold NoomVibe and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You further release NoomVibe, its agents, employees, directors, officers and assigns from any and all claims you may have now or in the future for invasion of privacy, right of publicity, trademark infringement, copyright infringement, defamation or any other cause of action arising out of the use, modification, reproduction, adaptation, distribution, broadcast, performance or display of the User Content, including any use of your name, voice, visual likeness, photography, written material, and/or testimonials.
Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NOOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOOM MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
WE FURTHER DO NOT CHECK THE CREDENTIALS OF ANY MEMBER OF NOOM, INCLUDING OF TOP COACHES, AND THEY DO NOT REPRESENT THE COMPANY. WE DO NOT VALIDATE THE REAL NAMES OR IDENTITY OF ANY USERS, INCLUDING TOP COACHES, NOR DO WE CHECK GOVERNMENT IDENTIFICATION. USERS ARE EXPECTED TO USE THEIR OWN DILIGENCE IF DECIDING TO MEET OR INTERACT WITH STRANGERS ON THE INTERNET.

Limitation of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOOM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL NOOM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
2. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
3. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Resolving Disputes.
2. Informal Dispute Resolution.
3. What Arbitration Is. Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same individualized damages and relief that a court can award. You and we agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this provision. A court of competent jurisdiction has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding Arbitration Agreement. This arbitration provision shall survive termination of these Terms and the termination of your Noom account.
4. How Arbitration Works. Any arbitration will be administered by National Arbitration and Mediation (“NAM”) under the Comprehensive Dispute Resolution Rules and Procedures Consumer Arbitration Rules then in effect for the NAM, except as modified by this Arbitration Agreement. If the administrator is unwilling or unavailable to administer consistent with these Terms, the parties will agree on an alternative administrator that will do so. If no agreement can be made, then the parties agree to jointly petition a court of competent jurisdiction to appoint an administrator that will do so. To initiate arbitration after the Informal Dispute Resolution process is complete, either you or we must file an arbitration demand with NAM. You may serve us with any arbitration demand by mail to: Noom, Inc., Attn: Legal Department, 450 W. 33rd. St., 11th Floor, New York, NY 10001. You must include a signed certification of compliance with the Informal Dispute Resolution process. If we have a dispute with you, we will send an arbitration demand to the email address on file for your account. Unless we agree otherwise with you, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any NAM filing, administrative, and arbitrator fees in accordance with NAM Rules. As in court, the arbitrator shall apply governing law, any counsel must comply with Federal Rule of Civil Procedure 11(b), and the arbitrator may impose any sanctions available under the NAM Rules, Rule 11, or other applicable law against the parties or their counsel. The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; however, an award that has been satisfied shall not be entered in any court. The arbitrator may consider rulings in other arbitrations involving different users, but an arbitrator’s decision will not be binding in proceedings involving different users. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
5. Additional Procedures for Mass Filings. The following provisions set forth additional procedures that apply to mass filings. If twenty-five (25) or more similar claims are asserted against us by the same or coordinated counsel or are otherwise coordinated, consistent with the definition and criteria of Mass Filings set forth in the NAM Rules, you and we understand and agree that these additional procedures shall apply and the resolution of your dispute might be delayed. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You and we agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of claims. The parties are encouraged to meet and confer throughout this staged process and to discuss potential ways to modify procedures, increase efficiencies, and resolve claims.
  1. Stage One. Counsel for the claimants and counsel for us shall each select 25 claims per side to be filed and to proceed in individual arbitrations as part of a staged process. Each case shall be assigned to a different arbitrator unless the parties agree otherwise. If there are fewer than 50 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any administrative fees, other than applicable fees related to a procedural arbitrator, arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.
  2. Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for us shall each select 50 claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. No more than two (2) cases may be assigned to a single arbitrator unless the parties agree otherwise. If there are fewer than 100 claims, all will be filed in individual arbitrations. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge to be jointly selected by counsel for the parties, and we shall pay the mediation fee.
  Upon the conclusion of the second global mediation session (should the parties be unable to resolve the remaining claims), each remaining dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. The Additional Procedures for Mass Filings provision and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Filings apply to your dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Any relevant limitations period (including statutes of limitations) and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Mass Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
6. Opt Out. If you are a new user of NoomVibe, you can opt out of this Arbitration Agreement within 30 days after you first accept the Terms of Service. If you are an existing user of our Services, you can opt out within 30 days after the effective date of March 4, 2024. To opt out, please visit our support center [here][4] and include your name, the email address for your account, and a clear request to opt out of arbitration. If you opt out, neither we nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration Agreement, but the Terms of Service (and any other agreements between us) will otherwise apply to you. If we update the Terms after you validly opt out, we will continue to respect your opt-out, but such updates do not provide a new opportunity to opt out of arbitration.
7. Non-Arbitrable Claims. Nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you. To the extent any dispute regarding us or our Service isn’t arbitrable under applicable laws or otherwise, we both agree that the dispute will be resolved exclusively in accordance with the remainder of these Terms. If you’re a consumer in the EEA, Section 11 doesn’t apply to you.
8. CLASS ACTION WAIVER; JURY TRIAL WAIVER. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by law, you and we waive any right to a jury trial.
Termination: You agree that NoomVibe, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason or no reason, including, without limitation, for lack of use or if NoomVibe believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. NoomVibe may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that NoomVibe may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that NoomVibe will not be liable to you or any third party for any termination of your access to the Services. You can terminate these Terms by canceling any Services and closing your Account.
User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Services, including for any fee disputes between you or any other user or for any User Transaction, and NoomVibe will have no liability or responsibility with respect thereto. NoomVibe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
General:
1. Effective Date. These Terms go into effect on the date published below and remain in full force while you use the Service, unless the Agreement terminated.
2. Force Majeure. We are not liable for any delay or failure to perform resulting from causes outside its reasonable control.
3. Assignment. These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by us without restriction. If you’re a consumer in the EEA, either you or we may assign this Agreement, and any rights and licenses granted under it, to a third party. In those cases, if we assign the Agreement, you are entitled to terminate the Agreement with immediate effect by deactivating your account. We will provide you with reasonable notice of any such assignment.
4. Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of New York, without respect to its conflict of laws principles. If you are not a consumer in the EEA, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in New York County, New York over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the Section 12 or any of its parts. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
5. Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English. This Agreement, and any contract between us, are only in the English language. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
6. Notice. When you sign-up for the Service, we ask that you provide your current email address. In the event that your email address is not valid, or for any reason is not capable of delivering to you, any email we send to you with notice will nonetheless constitute effective notice.
7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
8. Severability. Except as provided in Section 12 (DISPUTE RESOLUTION), if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the original intention of the parties. The remaining portions shall remain in full force and effect.
9. Export Control; Sanctions Compliance. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Noom products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
10. California Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
11. Entire Agreement. This Agreement is the final, complete, and exclusive agreement between you and us concerning the Services. In the event of any conflict between these Terms and any supplemental terms applicable to a Service offering, these Terms will control.
Your Privacy.

The best way to get in touch with us is by emailing support@noomvibe.com or at

Noom, Inc.
450 W. 33rd. St., 11th Floor
New York, NY 10001.