Terms of Service

 

MoveSmarter Terms of Use and Sale

The following terms and conditions govern all use of our MoveSmarter.co website, our mobile application , any of the products you purchase from us, and all services we provide.

The Service is provided to you by MoveSmarter, LLC. ("MoveSmarter", "Us", "We, or "Our"). The Service is subject to your ("You" or "Your") acceptance without modification of all of the terms and conditions contained herein and all other rules, policies and procedures that may be published from time to time on the future Site by MoveSmarter ("Policies") -- including, without limitation, future MoveSmarter’ Return Policy and Limited Warranty. To the extent any of the Policies conflict with this Agreement, such Policies shall control.

Special products and services provided by MoveSmarter may be subject to different or additional terms or conditions. To the extent they conflict with this Agreement, such different or additional terms and conditions will control.

MoveSmarter reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. You will be notified of such changes by email, account notification or a notice posted on the Service. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

You hereby certify to MoveSmarter that you are at least 16 years of age. In jurisdictions where 16 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certify that You are otherwise legally permitted to use the Service and make any purchases.

You hereby certify to MoveSmarter that you allow the ability for Your user(s) connection(s) to authorize access to your movement data and feedback analysis for additional community engagement and learning.

REFERENCE

We MoveSmarter are driven to provide a quantitative, analytical approach for Your movement activities. During a user's movement training, our technology captures and saves synchronized movement data from our wearables. We are dedicated to delivering actionable insights to improve Your performance. Among other things, the movement analysis feedback may include and is not limited to, synchronized, detailed, and color-coded annotations, animations, and comments of movement and audio feedback layered over the video. 

REGISTRATION

As a condition to using certain features of the Service, You will be required to register with email and select a password and username ("User ID"). You shall provide MoveSmarter with accurate, complete, and up to date registration information. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than the User without appropriate authorization. We reserve the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of Your password and other account information.


LICENSE

Subject to the terms and conditions of this Agreement, You shall have a non-exclusive, non-transferable and non-sublicensable access to the Application from Your smartphone device, solely for the purposes for which the Application is provided. This license is personal to You and You will not use the Application on behalf of any third party. For clarity, the restrictions contained in the next section apply to the Application.


LIMITATIONS

You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for any commercial purpose; (iv) remove or obscure any proprietary notices on the Service; (v) use the Service for any unlawful purpose; (vi) access any MoveSmarter’s product or service not explicitly permitted by these terms; (vii) send unwanted messages or emails (i.e. "spam") to MoveSmarter’s users; (viii) use domain names or web URLs in Your username without Our prior written consent; (ix) interfere or disrupt the Service in any way; or (x) access the Service via any automated means including, without limitation, scripts, bots, spiders, crawlers, or scrapers. As between the parties, MoveSmarter shall own all title, ownership rights and intellectual property rights in and to the Service, and any copies or portions thereof.

In the event You submit any information to the Service (such as during the registration process), You represent and warrant that You have full right and authority to do so -- and that such information is complete and accurate. You are responsible for all activity that occurs on Your Service account and You must not share Your log-in details with anyone.

USER CONTENT RESTRICTIONS

You must not submit any content that is: pornographic (or contains nudity), unlawful, offensive, threatening, racist, libelous, defamatory, obscene or otherwise objectionable or violates any third party's intellectual property rights, or rights of privacy or publicity.

In connection with Your Content, You affirm, represent, and warrant that (and that You can and will demonstrate to MoveSmarter full satisfaction upon its request that): (i) You have all necessary rights, licenses, consents and waivers to grant all of the rights and licenses You grant above, (ii) Your Content does not violate any laws or regulations, and (iii) Your Content does not infringe or otherwise violate any third party rights (including, without limitation, intellectual property rights, and the rights of publicity and privacy).

You are solely responsible for Your Content and the consequences of posting or publishing or sharing. You agree that MoveSmarter has no liability with respect to any of User Content, including, without limitation, Your Content, and You hereby irrevocably release MoveSmarter and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to any and all User Content.

MoveSmarter reserves the right to decide whether User Content is inappropriate or violates this Agreement. MoveSmarter may remove any User Content at any time, in its discretion, with or without notice.


GENERAL CONTENT

You agree that the Service contains information and other content specifically provided by MoveSmarter or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by MoveSmarter in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, MoveSmarter hereby grants You a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code); provided that You retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of MoveSmarter.

DISPUTES WITH OTHER USERS

You are solely responsible for Your interactions with other Service users. MoveSmarter reserves the right, but has no obligation, to monitor disputes between Our users. If You have a dispute with one or more users of the Service, You shall and hereby do release MoveSmarter (and its officers, directors, agents, subsidiaries, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. To the extent We assist in the resolution of any dispute between You and any other Service users, such assistance is only a courtesy and, therefore, You acknowledge that MoveSmarter shall not be responsible or liable for such assistance or the results thereof.

FUTURE FEES

The fees for our Products will be posted by us on the Site. If You purchase a Product, You authorize MoveSmarter to charge You (per the payment method selected by the User through the Site) for the price of the Product and all related shipping fees and taxes. You will authorize MoveSmarter to use a third party payment processor.

WARRANTY DISCLAIMER

THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, MOVESMARTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF ANY BIOMETRIC (OR OTHER) MEASUREMENTS OR CALCULATIONS GENERATED (OR OTHERWISE GATHERED) BY ANY OF THE PRODUCTS (AND SUCH MEASUREMENTS). MOVESMARTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS OF USING THE PRODUCTS -- SUCH AS WITH RESPECT TO WEIGHT-LOSS OR ACHIEVING OTHER FITNESS GOALS. NEITHER THE PRODUCTS, NOR ANY OTHER PART OF THE SERVICE, ARE INTENDED AS A SUBSTITUTION FOR ANY MEDICAL DIAGNOSTICS OR ADVICE.

THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


LIMITATION OF LIABILITY

IN NO EVENT SHALL MOVESMARTER, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). PROVIDED THAT, IN THE EVENT THE APPLICABLE CLAIM/DISPUTE DIRECTLY RELATES TO PRODUCTS USER PURCHASES FROM MOVESMARTER, SUCH DAMAGES CAP WILL BE EQUAL TO THE MONETARY VALUE OF THE APPLICABLE PRODUCTS AND ASSOCIATED SHIPPING. THE FOREGOING LIMITATIONS SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

INDEMNITY

You shall indemnify and hold harmless MoveSmarter, its affiliates, and its partners, employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorney fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) any of Your Content (including, without limitation, with respect to the violation of any third party intellectual property rights, or rights of privacy or publicity), or (iii) Your misuse of any part of the Service (including, without limitation, any Product). MoveSmarter, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with MoveSmarter, in asserting any available defenses.

APPLE DEVICE TERMS

In the event You are using the Application in connection with a device provided by Apple, Inc. ("Apple"), the following shall apply:

  • Both You and MoveSmarter acknowledge that this Agreement is concluded between You and MoveSmarter only, and not with Apple, and that Apple is not responsible for the Application or any content available through the Application;

  • You will only use the Application in connection with an Apple device that You own or control;

  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, You may notify Apple of such failure; upon notification, Apple's sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application;

  • You acknowledge and agree that MoveSmarter, and not Apple, is responsible for addressing any claims You or any third party may have in relation to the Application;

  • You acknowledge and agree that, in the event of any third party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, MoveSmarter, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

  • You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;

  • Both You and MoveSmarter acknowledge and agree that, in Your use of the Application, You will comply with any applicable third party terms of agreement, which may affect or be affected by such use; and

  • Both You and MoveSmarter acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as the third party beneficiary hereof.

GENERAL

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MoveSmarter shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MoveSmarter's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with MoveSmarter's prior written consent. MoveSmarter may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, or any other State where the user purchases and/or uses the Service. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.