TERMS OF USE FOR THE “REHAND” APP (WELLNESS – UNITED STATES)
Publisher/Provider (to be completed):
Legal entity: [Company name], [entity type, e.g., LLC/Inc.], registered address: [street, city, state, ZIP], United States.
Support email: [support@…]
Website: [https://…]
Effective date: [Month DD, YYYY]
Governing law & venue: Laws of the State of [State], exclusive jurisdiction in the state or federal courts located in [County/City, State], except where prohibited by consumer protection law.
1. Overview and Acceptance
1.1. These Terms of Use (the “Terms”) govern your access to and use of the ReHand mobile application and related services (collectively, the “App”) provided by the Provider identified above (“Provider,” “we,” “us”).
1.2. By installing, accessing, or using the App, you (“User,” “you”) agree to these Terms. If you do not agree, do not install or use the App. Our separate Privacy Policy explains how we process personal information and is incorporated by reference.
1.3. If you obtained the App from Apple App Store or Google Play (each a “Store”), your use is also subject to the Store’s terms (e.g., Apple Media Services Terms, Google Play Terms), which may control where they conflict with these Terms as to billing, renewals, and refunds.
2. Wellness Purpose Only (No Medical Device / No Medical Advice)
2.1. Wellness category. The App is designed for general wellness and fitness, to support mobility, comfort of movement, and healthy habits. It is not intended to diagnose, cure, mitigate, treat, or prevent any disease, injury, or condition.
2.2. No clinical use. The App is not a medical device and is not cleared or approved by the U.S. Food and Drug Administration (FDA). The App is not intended for clinical or professional healthcare settings and must not be used to make medical decisions.
2.3. No medical advice. All content and features (including AI‑assisted motion analysis, plans, cues, and statistics) are for informational, educational, and motivational purposes only and do not constitute medical advice or physical therapy. Always seek the advice of a physician or qualified healthcare professional with any questions regarding a health condition or exercise program.
2.4. Professional users. If you are a healthcare or fitness professional, you may only use the App for non‑clinical, general wellness purposes and must not represent the App as a tool for diagnosis or treatment. You are solely responsible for your professional obligations and compliance.
3. Safety, Eligibility, and User Responsibilities
3.1. Safety first. Ensure a safe environment (adequate space, stable surface, no obstacles). Start gradually and exercise within your limits. If you experience pain, dizziness, shortness of breath, or discomfort, stop immediately and seek professional advice.
3.2. Assumption of risk. Physical activity involves inherent risks. You assume all risk arising from your use of the App, except where prohibited by applicable law.
3.3. Age. The App is intended for individuals 13 years of age or older. If you are under 18, you must have a parent or legal guardian’s consent and supervision. We do not knowingly collect personal information from children under 13.
3.4. Account. Some features require creating an account (e.g., syncing progress, cross‑device access, subscriptions). You must provide accurate information and keep credentials confidential. You are responsible for all activities under your account.
3.5. Device & connectivity. You must provide a compatible device, operating system, camera, sensors, and internet access. Performance may vary by device.
3.6. On‑device processing. Where the App uses the camera for real‑time motion analysis, image processing occurs on your device. See Privacy Policy for details.
4. License and Permitted Use
4.1. License. Subject to these Terms, we grant you a personal, limited, revocable, non‑exclusive, non‑transferable license to install and use the App on devices you own or control, for personal, non‑commercial wellness use.
4.2. Restrictions. You must not: (a) copy, modify, adapt, translate, reverse engineer, or decompile the App except to the extent permitted by law; (b) bypass or interfere with security features; (c) use the App to provide services to third parties (e.g., paid training programs) without our prior written consent; (d) reuse, publish, or distribute App content outside the App without permission.
4.3. Professional/organizational use. Any organizational or professional use (including for clients or patients) requires our prior written consent and a separate agreement. The consumer version of the App does not include HIPAA business associate obligations (see Section 9).
5. Subscriptions, Trials, and Payments
5.1. Some features may be offered via auto‑renewing subscription managed by the Store. Billing, renewals, cancellations, and refunds are handled by the Store under its terms and policies. We do not receive or store your full payment instrument details.
5.2. Trials and offers. Free trials and promotional offers may be available. If you do not cancel before the trial ends, the subscription converts to a paid plan per the Store’s terms.
5.3. Price changes. We may change prices and plan features prospectively; the Store will provide any legally required notice.
6. Content, IP, and User Materials
6.1. Our content. The App and all content (exercise descriptions, videos, graphics, software, trademarks, and other materials) are owned by us or our licensors and are protected by IP laws. All rights not expressly granted are reserved.
6.2. User materials. You retain rights to materials you input or generate (e.g., notes, activity logs). You grant us a non‑exclusive license to process such materials as necessary to provide and maintain the App (storage, display, backup, synchronization, analytics consistent with the Privacy Policy).
6.3. Prohibited content. Do not upload unlawful, infringing, or harmful content, or anything that could create safety hazards during physical activity. We may remove content or suspend accounts for violations.
7. Disclaimers and Limitation of Liability
7.1. No warranties. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT ANY SPECIFIC HEALTH OUTCOMES OR THAT THE APP WILL BE ERROR‑FREE OR UNINTERRUPTED.
7.2. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID (IF ANY) FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR (B) US $50. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY; SOME OF THE ABOVE MAY NOT APPLY TO YOU.
7.3. Indemnity. You agree to indemnify and hold us harmless from claims arising out of your misuse of the App or violation of these Terms, except where prohibited by law.
8. Privacy; Data; Security
8.1. Our Privacy Policy describes what personal information we collect, how we use it, and your choices. By using the App, you acknowledge the Privacy Policy.
8.2. We implement reasonable administrative, technical, and physical safeguards appropriate to the nature of the data and the App. No system is 100% secure; you use the App at your own risk.
8.3. Data portability & deletion. The App may offer export and deletion tools. Additional rights may apply under state laws (e.g., California). See the Privacy Policy for details.
9. HIPAA and Professional Compliance (U.S.)
9.1. Not a covered entity or business associate. The consumer App and these Terms are not intended to make us a “covered entity” or “business associate” under HIPAA. We do not enter into Business Associate Agreements (BAAs) under these consumer Terms.
9.2. Professional users. If you are a healthcare provider and wish to use the App with clients/patients, you are responsible for compliance with applicable laws and must not submit protected health information (PHI) to us unless we have a separate written agreement explicitly permitting such use.
9.3. FTC/State laws. We comply with applicable consumer privacy and health app laws, including the FTC’s Health Breach Notification Rule, as described in the Privacy Policy.
10. App Updates; Availability; Support
10.1. We may provide updates (including security patches and feature changes). Some updates may be required for continued use.
10.2. Availability may be interrupted for maintenance, outages, or events beyond our control.
10.3. Support is available via the contact methods above; scope and response times may be limited.
11. Suspension and Termination
11.1. We may suspend or terminate access for material violations of these Terms (including security breaches, IP infringement, or misuse), with prior notice where feasible.
11.2. You may stop using the App and request account deletion at any time. Data handling is governed by the Privacy Policy.
12. Store Terms; Apple-Specific Terms
12.1. Store billing. Subscriptions, billing, refunds, and cancellations are managed by the Store and subject to its terms and policies.
12.2. Apple third‑party beneficiary. If you obtained the App from Apple, you acknowledge and agree that Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce these Terms against you as related to your licensed use of the App on Apple‑branded devices.
12.3. Apple EULA. Your license to use the App on Apple devices is limited by Apple’s Licensed Application End User License Agreement (Apple Media Services Terms/EULA). In case of conflict, Apple’s terms control for Apple‑provided matters.
13. Dispute Resolution; Arbitration; Class Action Waiver (U.S.)
Please read this section carefully. It affects your legal rights.
13.1. Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at the support email and allowing 30 days for a response.
13.2. Arbitration. Except for claims that qualify for small claims court and claims for injunctive relief, any dispute arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in [City, State], or remotely at your election. The arbitrator may award individual relief consistent with applicable law.
13.3. Class action waiver. You and we agree that disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. If this waiver is found unenforceable, this entire Section 13 (arbitration) will be void as to that claim.
13.4. Opt‑out. You may opt out of arbitration within 30 days of first accepting these Terms by sending an email to [legal@…] with your name, account email, and a clear statement that you opt out of arbitration.
14. Export, Sanctions, and Compliance
You represent that you are not located in, under the control of, or a national/resident of any country or entity subject to U.S. embargoes or sanctions, and that you will comply with applicable export control laws when using the App.
15. Changes to the App and to These Terms
We may modify the App or these Terms for legitimate reasons (e.g., legal, security, feature updates). We will provide notice of material changes through the App or email. The updated Terms will be effective on the date indicated. Continued use after the effective date constitutes acceptance.
16. Miscellaneous
16.1. Severability. If any provision is unlawful or unenforceable, it will be severed and the remaining provisions will remain in effect.
16.2. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
16.3. Entire agreement. These Terms and the Privacy Policy constitute the entire agreement regarding the App.
16.4. Contact. Questions about these Terms: [support@…]. Security reports: [security@…]. Postal address: [Company address].
Safety Tips (Non‑exhaustive)
- Clear the exercise area of obstacles; use stable footwear/surface.
- Warm up and progress gradually; avoid jerky movements.
- Hydrate and rest as needed; stop if you experience pain or discomfort.
- Consult a professional before starting a new exercise program, especially if you have any concerns about your health.
Legal summary (non‑exhaustive):
(i) General wellness only; not a medical device; no medical advice;
(ii) No guaranteed outcomes;
(iii) Privacy practices described in the Privacy Policy;
(iv) Store terms govern billing/refunds;
(v) U.S. arbitration and class‑action waiver apply unless you opt out as described above.