Self Iterate, Inc.
Welcome and thank you for your interest in Self Iterate! These
Terms of Use (this “Agreement” or these “Terms”) describe the
terms and conditions applicable to your access and use of our
mobile application (the “App”), website (the “Site”) and related
online services (collectively with the App and the Site, the
“Services”). The Services are owned and operated by Self
Iterate, Inc., a Delaware corporation (the “Company”, “we”,
“us”, or “our”).
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND
OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE
BOUND BY THESE TERMS.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WITH A
CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. PLEASE REVIEW THE
ARBITRATION SECTION BEFORE ACCESSING OR USING THE SERVICES.
We reserve the right to make modifications to these Terms at any
time and for any reason. Please check these Terms regularly to
ensure you are aware of any modifications made by us. By
continuing to access or use the Services after those revisions
become effective, you agree to be bound by the revised Terms. If
you do not agree to these Terms, you must immediately stop using
our services.
Services. Our Services consist of a mobile fitness application
that allows users to access pre-made workout programs, log
exercise activity, and track performance over time. The Services
may also include, without limitation: (i) integration with
third-party health and fitness platforms (such as Apple Health)
at your direction; (ii) a web-based portal; and (iii) social and
community features that allow users to share workouts and
interact with other users. You acknowledge and agree that we may
modify, update, or discontinue any aspect of the Services at our
discretion, and that the availability and functionality of any
third-party integrations are governed by the respective third
party’s terms of use.
Acknowledgement and Disclaimers. By using our Services, you
acknowledge and agree to the following:
The Services are intended for general fitness and wellness
purposes only. Nothing in the Services constitutes medical
advice, diagnosis, or treatment, and nothing provided by or
through the Services should be relied upon as a substitute for
consultation with a qualified physician or other licensed
healthcare provider.
You should consult a physician before beginning any new exercise
program or making changes to your existing activity level based
on information provided through the Services. We are not
responsible for any health problems, injuries, or other harm
that may result from your use of the Services or your reliance
on any content available through the Services. If you choose to
modify your exercise or activity based on the Services, you do
so fully at your own risk.
The Services, including all information, text, photographs,
images, illustrations, graphics, audio, video, and audio-video
clips, and other materials, whether provided by us or via
Third-Party Sources, is not intended to be and should not be
used in place of (a) the advice of your physician or other
medical professionals, or a (b) a visit, call, or consultation
with your physician or other medical professionals.
Should you have any health-related questions, please call or see
your physician or other medical provider promptly. You should
never disregard medical advice or delay in seeking medical
advice because of any information presented on the Services, and
you should not use the Services or any information provided in
the Services for diagnosing or treating a health problem. The
transmission and receipt of Services, in whole or in part, or
communication via the internet, email, or other means does not
constitute or create a doctor-patient, therapist-patient, or
other healthcare professional relationship between you and us.
You should always consult a physician before making any changes
to your activity based on information provided through the
Services, or if you have any questions regarding a medical
condition. We are not responsible for any health problems that
may result from information you learn about through the
Services. If you make any change to your activity based on the
Services, you agree that you do so fully at your own risk. It is
important to be sensitive to your body's responses. For
example, if you feel unexpected, repeating, or long-term pain,
or fatigue or discomfort due to having made changes to your
activity, it is recommended that you consult a physician before
continuing with such changes. The information in the Services
may be misleading if your physiological functions and responses
differ significantly from population averages due to medical
conditions or rare natural differences.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL
“911” OR YOUR RELEVANT EMERGENCY NUMBER IMMEDIATELY.
Automated and AI-Generated Content. Certain features of the
Services may use automated algorithms or artificial intelligence
technologies to generate workout programs, performance insights,
recommendations, or other content (“AI-Generated Content”). You
acknowledge and agree that: (a) AI-Generated Content is
generated automatically and may contain errors, inaccuracies, or
omissions; (b) AI-Generated Content does not constitute medical
advice, diagnosis, or treatment and should not be relied upon as
such; (c) the Company does not guarantee the accuracy,
completeness, or fitness for any particular purpose of any
AI-Generated Content; and (d) you assume all risk associated
with your reliance on AI-Generated Content. The Company
expressly disclaims all liability arising from your use of or
reliance on AI-Generated Content. You should always consult a
qualified healthcare professional before making any
health-related decisions, regardless of any AI-Generated Content
you receive through the Services.
Privacy. By accessing or using the Services, you intend to and
expressly agree to be bound by all the terms and conditions of
this Agreement and our Privacy Policy (available at
https://self-iterate.com/privacy.html) (the “Privacy Policy”), which is incorporated herein by
reference. If you do not agree to these terms and conditions,
you may not use the Services. Any information that you provide
to us is subject to the Privacy Policy, which governs our
collection and use of your information. You understand that
through your use of the Services you consent to the collection
and use of your information as set forth in the Privacy Policy.
Cookie Consent and Tracking Technologies. The Site uses cookies
and similar tracking technologies, including pixels, tags, and
SDKs, to operate the Site and to support advertising and
marketing activities. When you first visit the Site, you will be
presented with a cookie consent banner that allows you to
accept, decline, or customize your tracking preferences. Certain
cookies that are strictly necessary for the Site to function are
not subject to your opt-out preference. Your tracking
preferences can be updated at any time through the cookie
settings available on the Site. By affirmatively accepting
tracking via the cookie consent banner, you consent to the
collection and use of your information as described in our
Privacy Policy. If you decline tracking cookies, certain
advertising and personalization features of the Site may be
limited or unavailable. Your use of the Site following your
selection of tracking preferences constitutes your
acknowledgment of and agreement to the tracking practices
described in the Privacy Policy.
Accounts. Certain features of the Services require you to create
an account. By creating an account, you represent and warrant
that all information you provide is true, accurate, and current,
and that you have the authority to create the account. You are
solely responsible for maintaining the confidentiality of your
account credentials and for all activity that occurs under your
account. You agree to notify us immediately if you suspect any
unauthorized access to or use of your account. You may delete
your account at any time from within the App by navigating to
Settings > Account > Delete Account, or by submitting a
deletion request at
legal@self-iterate.com. Upon deletion: (i) your profile and account credentials will
be permanently deleted; (ii) workout logs and activity data
associated with your account will be deleted, except where
retention is required by applicable law or necessary to complete
an outstanding transaction; and (iii) aggregated and anonymized
data derived from your account may be retained in accordance
with our Privacy Policy. If you subscribed through the Apple App
Store or Google Play, deleting your account does not cancel your
subscription. You must cancel your subscription separately
through the applicable platform before deleting your account to
avoid future charges.
Eligibility. By using our Services, you represent and warrant
that you:
If an individual, are at least 18 years of age;
Are legally qualified to enter a binding contract with us;
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;
Are not on any list of individuals prohibited from conducting
business with the United States;
Are not prohibited by law from using our Services;
Do not have more than one account on our Services; and
Have not previously been removed from our Services by us, unless
you have our express written permission to create a new account.
If at any time you cease to meet these requirements, we reserve
the right to delete your account with us, to revoke all
credentials held by you and to delete all Content uploaded by
you to our Services. Failure to meet these minimum requirements
may be grounds for the Company to deny you access to the
Services. The Company shall have sole discretion to mandate,
interpret, and enforce any such minimum requirements.
Content. Our Services may enable you to provide feedback, text,
photos, information, and other content (collectively,
“Content”). By providing Content, in whatever form and through
whatever means, you grant us a non-exclusive, worldwide,
royalty-free, irrevocable, perpetual, sub-licensable and
transferable license to copy, modify, prepare derivative works
of, distribute, and otherwise exploit, that Content, without
limitation. If Content includes personal information, our
Privacy Policy describes how we use that personal information.
You are solely responsible for all Content that you provide and
warrant that you either own it or are authorized to grant us the
rights described in these Terms. You are responsible and liable
if any of your Content violates or infringes the intellectual
property or privacy rights of any third party.
You hereby represent and warrant that any Content you provide:
Is not created solely for the purpose of advertising or other
commercial content, including company logos, links or company
names;
Does not contain spam, unwanted contact, or content that is
shared repeatedly in a disruptive manner;
Does not endorse or promote illegal or harmful activity, is not
sexually explicit, violent, graphic, threatening, or harassing;
Does not attempt to impersonate another person, account, or
entity, including a representative of the Company;
Is not illegal and does not violate another person's or
entity's rights, including intellectual property rights and
privacy rights; and
Does not contain another person’s private or confidential
information, including content that is sufficient to identify a
listing's location.
In connection with Content, you further agree that you will not
submit material that is copyrighted, protected by trade secret,
or otherwise subject to third-party proprietary rights,
including privacy and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner to
post the material and to grant us the necessary rights granted
in these Terms. You agree to defend, indemnify, and hold us
harmless for all damage or liability we incur because of your
violation of this section.
Your Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE
FOR YOUR INTERACTIONS WITH OTHER USERS, AND YOU AGREE TO TAKE
ALL REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS.
YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT SCREENINGS OF
ITS USERS, OTHER THAN AS SET FORTH IN THESE TERMS. THE COMPANY
ALSO DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY
VERIFICATION CHECKS ON ITS USERS OR ATTEMPT TO VERIFY THE
STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR INTERESTS, AND
EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY INJURY POTENTIALLY
INCURRED BY ITS USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT
ANY SCREENINGS OF ITS USERS AT ANY TIME AND USING AVAILABLE
PUBLIC RECORDS.
Compliance with Laws. You agree to use the Services only for
lawful purposes, and to conduct your business and any
transaction that uses the Services, in accordance with all
applicable laws and regulations, including all federal and state
laws and regulations relating to taxes, banking, money
laundering, securities and counterterrorism. You will not use
the Services for any fraudulent or illegal activity.
Subscriptions and Fees. The Company may offer users the ability
to purchase a subscription for the Services through the Apple
App Store, or other external services authorized by the Company
(each, an “External Service,” and any purchases made thereon, an
“External Service Purchase”). If you purchase a subscription, it
will automatically renew until you cancel, in accordance with
the terms disclosed to you at the time of purchase, as further
described below. If you cancel your subscription, you will
continue to have access to your subscription benefits until the
end of your subscription period, at which point it will expire.
Automatic Renewal and Affirmative Consent. By completing a
subscription purchase, you affirmatively consent to the
automatic renewal terms disclosed at checkout, including the
recurring billing amount, billing frequency, and cancellation
procedures. You authorize the Company (or the applicable
External Service) to charge your designated payment method on a
recurring basis at the intervals disclosed, unless and until you
cancel in accordance with the instructions provided below.
External Service Purchases and Subscriptions. If your External
Service Purchase includes an automatically renewing
subscription, then your external account associated with the
External Service Purchase (“External Service Account”) will
continue to be periodically charged for the subscription until
you cancel. After your initial subscription commitment period,
and again after any subsequent subscription period, the
subscription will automatically continue for the price and time
period you agreed to when subscribing.
To cancel a subscription. If you do not want your subscription
to renew automatically, or if you want to change or terminate
your subscription, you must cancel through the platform you used
to purchase your subscription, as set forth below. Cancellation
must be completed prior to the renewal date to avoid being
charged for the next subscription period.
If you subscribed through the Apple App Store: Cancellation is
managed by Apple, not the Company. To cancel, open the Settings
app on your device, tap your name at the top, tap Subscriptions,
locate your subscription, and follow the instructions to cancel.
You can also visit
https://getsupport.apple.com
for assistance.
If you subscribed through another External Service: Log in to
the relevant External Service Account and follow that
platform's instructions to manage or cancel your
subscription.
If you subscribed directly through us: You may cancel by
visiting your account settings within our App, or by contacting
us at
legal@self-iterate.com.
Deleting the App or your account does not cancel your
subscription. You must follow the steps above to stop future
charges.
California Residents. If you are a California resident, this
section serves as a clear and conspicuous notice pursuant to
California's Automatic Renewal Law (Cal. Bus. & Prof.
Code §§ 17600–17606). Your subscription will automatically renew
at the end of each subscription period at the then-current rate
unless you cancel before the renewal date. The recurring charge
amount, billing frequency, and cancellation instructions are
disclosed to you at the time of purchase and are available in
your account settings. You may cancel at any time by following
the instructions in the "To cancel a subscription"
section above. If you purchased through the Apple App Store,
cancellation must be completed through your Apple ID settings.
We will provide notice of any material changes to your
subscription terms, including price increases, before they take
effect, and will honor any cancellation made prior to the
renewal date.
New York Residents. If you are a New York resident and have
established an automatically renewing subscription for a period
of one year or longer, we are required under New York General
Obligations Law § 5-903 to provide you with advance notice of
the upcoming automatic renewal. We will notify you no fewer than
15 days and no more than 45 days before the cancellation
deadline for such renewal. This notice will be sent to the email
address associated with your account and will include the
renewal terms and instructions on how to cancel. By using our
automatic renewal services, you consent to receive such
notifications in compliance with applicable New York law.
Illinois Residents. If you are an Illinois resident, this
section is provided pursuant to the Illinois Automatic Contract
Renewal Act (815 ILCS 601/1 et seq.). Before your subscription
automatically renews, we will provide you with clear and
conspicuous written notice of the automatic renewal clause and
your right to cancel. For subscriptions with an initial term of
one year or longer that automatically renew for a period of one
month or longer, notice will be provided no fewer than 30 days
and no more than 60 days before the cancellation deadline. To
cancel, follow the instructions in the "To cancel a
subscription" section above.
Delaware Residents. If you are a Delaware resident, this section
is provided pursuant to 6 Del. C. § 2731 et seq. For any
subscription with a term of one year or more that automatically
renews for a term of one month or more, we will provide written
notice of the upcoming renewal no fewer than 30 days and no more
than 60 days before the cancellation deadline. This notice will
be delivered to the email address on file for your account and
will include cancellation instructions.
Oregon Residents. If you are an Oregon resident, this section is
provided pursuant to ORS § 646A.295. Automatic renewal terms
were disclosed to you prior to purchase. You may cancel your
subscription at any time using the instructions provided in the
"To cancel a subscription" section above. For
subscriptions of one year or longer, we will provide advance
notice of the upcoming renewal before the cancellation deadline
in accordance with Oregon law.
Texas Residents. If you are a Texas resident, this section is
provided pursuant to Texas Business & Commerce Code §
601.001 et seq. For subscriptions with a term of one year or
more that automatically renew, we will provide you with written
notice of the renewal no earlier than 90 days and no later than
30 days before the cancellation deadline. Notice will be sent to
the contact information associated with your account. To cancel
your subscription, follow the instructions in the "To
cancel a subscription" section above.
Utah Residents. If you are a Utah resident, this section is
provided pursuant to Utah's Automatic Renewal Contracts Act
(Utah Code § 13-70-201), effective January 1, 2025. For any
subscription that automatically renews for a subsequent term
longer than 45 days, we will provide you with a clear and
conspicuous notice no fewer than 30 days and no more than 60
days before the renewal date. That notice will disclose: (a) the
renewal date; (b) the total renewal cost; and (c) your options
for canceling the subscription. If your subscription includes a
free trial period, we will notify you at least three days before
the trial expires, disclosing the trial expiration date, the
price that will be charged upon expiration, and how to cancel.
To cancel, follow the instructions in the "To cancel a
subscription" section above.
Renewal and Material Change Notices. Where required by
applicable law, we will provide advance notice of (i) upcoming
automatic renewals, or (ii) any material changes to subscription
terms, including price increases, in the manner and timeframe
required by law. Continued use of the subscription after the
effective date of any disclosed change constitutes acceptance of
the updated terms, except where cancellation is required to
accept such changes under applicable law.
Chargebacks and payment reversals. If you initiate a chargeback
or otherwise reverse a payment made with your External Service
Account, the Company may terminate or downgrade your account
immediately in its sole discretion, on the basis that you have
determined that you do not want a Company paid subscription.
Charge Disputes. If you dispute any charge made in connection
with the Services, you must notify us within thirty (30) days
after the date of the disputed charge by contacting us at
legal@self-iterate.com. Failure to notify us within this period shall constitute your
acceptance of the charge.
Your License to the Services. Subject to your payment of
applicable fees and continued compliance with this Agreement and
any separate agreements we may have with you, we hereby grant
you a limited, non-exclusive, revocable, non-transferable,
non-sublicensable license to access the Services as authorized
in these Terms. Except for the limited license to access the
Services identified in the preceding paragraph, you acknowledge
that nothing contained in these Terms shall be construed as
granting or conferring to you, by implication, estoppel or
otherwise, any right, title, or interest to any intellectual
property of the Company, our third-party service providers or
any other third party, including any (i) inventions (whether
patentable or not in any country), patents, patent applications,
invention disclosures, improvements, trade secrets, proprietary
information, know how, information, or technical data; (ii)
copyright protected works, copyright registrations, mask works,
mask work registrations or applications in the United States or
any foreign country; (iii) trademarks, trademark registrations,
service marks, logos or applications therefor in the United
States or any foreign country; (iv) trade secrets; or (v) any
other tangible or intangible proprietary rights anywhere in the
world.
Restrictions On Use. You agree that you will not:
distribute the Services for any purpose, including, without
limitation, compiling an internal database, redistributing or
reproducing the Services by way of the press or media or through
any commercial network, cable or satellite system;
create derivative works of, reverse engineer, decompile,
disassemble, adapt, translate, transmit, arrange, modify, copy,
bundle, sell, sublicense, export, merge, transfer, adapt, loan,
rent, lease, assign, share, outsource, host, publish, make
available to any person or otherwise use, either directly or
indirectly, the Services in whole or in part, in any form or by
any means whatsoever, be they physical, electronic or otherwise;
permit, allow or do anything that would infringe or otherwise
prejudice the proprietary rights of the Company or its licensors
or allow any third party to access the Services;
probe the vulnerability of the Services and any system or
network;
breach or otherwise circumvent any security or authentication
measures;
access, tamper with, or use non-public areas or parts of the
Services, or shared areas of the Services you have not been
invited to;
access, search, or create accounts for the Services by any means
other than our publicly supported interfaces;
promote or advertise products or services other than your own
without appropriate
authorization;
circumvent storage space, usage, or transaction limits for
improper means, including attempting to circumvent our fees;
publish or share materials that are unlawful or indecent, or
that contain extreme acts of violence or terrorist activity;
advocate bigotry or hatred against any person or group of people
based on their race, religion, ethnicity, sex, gender identity,
sexual orientation, disability, or impairment;
harass or abuse our personnel or representatives or agents
performing services on
behalf of the Company;
storing, publishing or sharing material that is fraudulent,
defamatory, or misleading; or
violate the law in any way.
Suspension of Transactions and Services. Without limiting our
ability to terminate under this Agreement or our right to
change, modify, suspend or discontinue the Services at any time
as set forth elsewhere in these Terms, we also reserve the right
to cancel or suspend transactions and/or our Services due to
fraud or compliance-related concerns.
Third-Party Integrations and Links. The Services may integrate
with or contain links to third-party applications and services
(such as Apple Health) at your direction. The Company does not
control and is not responsible for the practices, content, or
availability of any third-party services. Your use of
third-party integrations is governed by those parties’ own terms
and privacy policies, and you assume all risk associated with
such use. Integration with a third-party service does not imply
any endorsement or affiliation by the Company.
Social Features and Third-Party Sharing. The Services may offer
features that allow you to share workouts or other content with
other users or to external platforms such as Facebook and
Instagram. You acknowledge and agree that:
Any content you share using these features is shared at your
sole discretion and risk.
The Company does not own, endorse, or assume responsibility for
any content you choose to share externally.
Your use of third-party platforms in connection with the
Services is governed by those platforms’ own terms and privacy
policies.
The Company is not liable for any injury, harm, or other
consequence arising from workout routines, exercises, or other
content shared or distributed by users through the Services.
The Company reserves the right, but not the obligation, to
monitor, remove, or restrict any User Content that violates
these Terms or that we determine, in our sole discretion, to be
harmful, objectionable, or otherwise inappropriate.
Feedback. If you send or transmit any communications or
materials to us by mail, email, telephone, or otherwise,
suggesting or recommending changes to the Services, including,
without limitation, new features or functionality relating
thereto, or any comments, questions, suggestions, or the like
(“Feedback”), we are free to use such Feedback and any ideas,
know-how, concepts, techniques, or other intellectual property
rights contained in the Feedback, for any purpose whatsoever,
without any attribution or compensation to any party, although
we are not required to use any Feedback.
Beta Services. You may choose to use Services or features
identified as alpha, beta, preview, early access, or evaluation,
or words or phrases with similar meanings (“Beta Services”) in
your sole discretion. If you choose to use any Beta Services,
you acknowledge and agree that: (a) Beta Services may not be
supported and may be changed at any time without notice; (b)
Beta Services may not be as reliable or available as the
Services; (c) Beta Services have not been subjected to the same
security measures and auditing to which the Services have been
subjected; and (d) WE WILL HAVE NO LIABILITY ARISING OUT OF OR
IN CONNECTION WITH BETA SERVICES - USE AT YOUR OWN RISK. In
exchange for using Beta Services, you acknowledge and agree that
we may contact you to obtain feedback regarding Beta Services.
Beta Services are confidential until officially launched by us.
You agree to take reasonable measures to keep information
regarding the Beta Services confidential, including at least
those measures you take to protect your own confidential
information of a similar nature. You agree not to disclose
information regarding Beta Services to any third parties and
will keep new features and functionality confidential until
officially launched by us. You may disclose information
regarding Beta Services to the extent required by law or
regulation if you give us reasonable advance written notice, to
the extent permitted, so we can seek to prevent or limit the
disclosure.
Assumption of Risks; Release.
You understand, acknowledge, and freely assume all risks,
including physical, psychological and emotional risks (whether
or not foreseeable to us or you), relating to your access or use
of our Services. You assume personal responsibility for any
injury or harm of any kind (including, but not limited to,
physical, psychological or emotional injuries), illness, damage,
loss, claim, liability or expense, of any kind or nature, that
your person or property may suffer arising out of or in
connection with the access or use of our Services.
You understand and acknowledge there is no guarantee that
personal information and transactions on our Services or on the
internet will be maintained confidential and secure. Your access
or use of the Services is at your own risk, and that to the
maximum extent permitted by applicable law we assume no
liability or responsibility pertaining to our Services, your use
of the Services or the receipt, storage, transmission or other
use of your personal information.
By accessing or using our Services, you agree to fully release,
indemnify, and hold harmless, including costs and attorneys’
fees, us from any claim or liability whatsoever and for any
damage or injury, personal, financial, emotional, psychological
or otherwise, arising at any time out of or in relation to your
access or use of our Services.
California Residents. To the maximum extent permitted by law, if
you are a California resident, then you expressly agree to waive
California Civil Code Section 1542, which states: “A general
release does not extend to claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or
her, would have materially affected his or her settlement with
the debtor or released party.” Residents of California are
entitled to the following specific consumer rights information:
you may contact the Consumer Information Center at (800)
952-5210 or <dca@dca.ca.gov> of the California Department of Consumer Affairs for
consumer inquiries, or you may write to the Department of
Consumer Affairs at the following address: Department of
Consumer Affairs, Consumer Information Division, 1625 North
Market Boulevard, Suite N 112, Sacramento, CA 95834.
Indemnification. You agree to indemnify, defend and hold
harmless the Company, its agents, suppliers, licensors,
affiliates and their respective directors, officers and
employees (collectively, the “Indemnified Parties”) against all
losses, liabilities, suits, claims, actions, costs, damages and
expenses (including, without limitation, reasonable attorneys’
fees and expenses) sustained, incurred or paid by any
Indemnified Party directly or indirectly resulting from, arising
out of, relating to or in connection with: (i) violation of
these Terms by you or any other person using your account or
credentials; (ii) your access to or use of the Services, (iii)
any information used, stored, or transmitted in connection with
your account or credentials; (iv) breach of the rights of any
third party, including but not limited to privacy, publicity,
intellectual property, or other proprietary rights, by you, or
anyone using your account or credentials; or (v) violation of
any law, regulation, or other legal requirement. This paragraph
is intended to be applicable to the maximum extent allowed by
law.
Limitations on Liability and Disclaimers.
NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE
AGREEMENT WITH YOU, THE SERVICES ARE PROVIDED “AS IS” WITHOUT
ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR
ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY,
SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A
COURSE OF DEALING OR USAGE OF TRADE.
NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC
OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT
LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST
SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR
EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR CLAIM.
ADDITIONAL LIMITATION. IN NO EVENT WILL COMPANY, ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS,
OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING
FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION
ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS
TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY;
THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES
CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR
SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF
FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED
DATA; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER
WEBSITE ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE
REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF
ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR CLAIM.
AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY, ITS
AFFILIATES', AGENTS', LICENSORS', SUPPLIERS'
AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND
EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE
WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT,
TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER
OR RELATING TO THE SITE OR OUR OFFERINGS BE MORE THAN THE VALUE
OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH
LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO
THE SITE, OUR OFFERINGS, OR THIS AGREEMENT MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM
OCCURS. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
Term and Termination.
We may, at any time and in its sole discretion, without prior
notice, and without any liability to you, modify or discontinue
any portion of our Services, either temporarily or permanently.
At any time and in our sole discretion, without prior notice,
and without any liability to you, we may (i) cancel or
deactivate your account; or (ii) temporarily or permanently,
suspend, restrict, or terminate access to any or all of Services
for any reason or for no reason. We are under no obligations to
disclose its reason for any termination or suspension of the
Service to you or generally.
In the event of any termination of this Agreement,
discontinuation of all Services, or termination of your right to
access all Services: (i) all fees and amounts payable to us by
you shall immediately become due, (ii) we may delete any of your
user data without any liability to you, provided that we also
reserve the right to retain your user data for seven (7) years
following termination; and (iii) we may cancel any open order,
trades, or transactions that are pending at the time of the
termination of your right to access all Services or
discontinuation of the Services. We reserve the right to retain
aggregated anonymized user data for longer to improve Services,
prevent fraud and produce aggregated statistics.
The provisions of these Terms relating to indemnification, our
limitations of liability and disclaimers, your warranties and
any other provisions which by their terms should reasonably
survive termination, shall survive termination of the Services
or this Agreement.
Separate Agreement. From time to time, we may enter into
separate agreements to govern your use of the Services. Except
otherwise replaced by the terms of such separate agreements,
these Terms shall govern and control with respect your use of
the Services.
Notices. We may provide you with notices in any of the following
methods: (1) via the Services, including by a banner or pop-up
within the applicable Site, Account or elsewhere; (2) by e-mail,
sent to the e-mail address you provided us; and/or (3) through
any other means, including any phone number, SMS or text message
or physical address you provided us. Such notice to you will be
deemed received and effective upon receipt or twenty-four (24)
hours after it was published or sent through any of the
foregoing methods, unless otherwise indicated in the notice. If
we choose to notify you through electronic communication, you
agree to receive such communications, including but not limited
to our applicable policies, statements, reports, invoices,
receipts, disclosures, legal or regulatory statements or
documents via electronic delivery.
Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT
LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF, AND REQUIRES YOU
ARBITRATE DISPUTES WITH US. If you have a dispute with us, we
will first seek to resolve such a dispute through our support
team.
Except for disputes in which either party seeks equitable and
other relief for the alleged unlawful use of intellectual
property, copyrights, trademarks, trade names, logos, trade
secrets or patents, any dispute, claim or controversy arising
out of or relating to this Agreement or the breach, termination,
enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this Agreement to
arbitrate, will be determined by binding arbitration. The
location of the arbitration will be determined by the Company to
be in either (i) the state of your residence or (ii) the county
and state of our chosen legal counsel at the time of the
dispute. The arbitration will be administered by the JAMS
(“JAMS”) in accordance with its Consumer Arbitration Minimum
Standards. Disputes will not be resolved in any other forum or
venue. You agree that any arbitration will be conducted by a
sole arbitrator. Pre-arbitration discovery will be limited to
the greatest extent provided by the rules of JAMS, the
arbitration award will not include factual findings or
conclusions of law, and no punitive damages will be awarded.
Notwithstanding any other rules, no arbitration proceeding
brought against the Company will be consolidated with any other
arbitration proceeding without the Company’s written consent.
Judgment may be entered upon any award granted in any
arbitration in any court of competent jurisdiction in the county
and state in which the Company maintains its principal office at
the time the award is rendered, in the county and state where
the Company is organized or incorporated or in any other court
having jurisdiction. The arbitrator will, in the award, allocate
all of the costs of the arbitration, including the fees of the
arbitrator and the reasonable attorneys’ fees of the prevailing
party, against the party who did not prevail.
NOTICE: BOTH YOU AND THE COMPANY ARE AGREEING TO HAVE ALL
DISPUTES, CLAIMS OR CONTROVERSIES ARISING OUT OF OR RELATING TO
THIS AGREEMENT DECIDED BY NEUTRAL BINDING ARBITRATION AND ARE
GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS
LITIGATED IN A COURT OR JURY TRIAL. BY AGREEING TO THESE TERMS,
BOTH YOU AND THE COMPANY ARE GIVING UP THEIR RESPECTIVE JUDICIAL
RIGHTS TO DISCOVERY AND APPEAL EXCEPT TO THE EXTENT THAT THEY
ARE SPECIFICALLY PROVIDED FOR UNDER THESE TERMS. BY AGREEING TO
ARBITRATION, YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A
CLASS ACTION OR OTHER CLASS PROCEEDING. IF ANY PARTY REFUSES TO
SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THAT
PARTY MAY BE COMPELLED TO ARBITRATE UNDER FEDERAL OR STATE LAW.
THIS ARBITRATION AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE
COMMERCE, AND THUS TO THE EXTENT APPLICABLE, THE U.S. FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF
THIS PROVISION. BOTH YOU AND THE COMPANY CONFIRM THEIR AGREEMENT
TO THIS ARBITRATION PROVISION IS VOLUNTARY.
Exceptions. Although we are agreeing to arbitrate most disputes
between us, nothing in these Terms shall be deemed to waive,
preclude, or otherwise limit the right of either party to: (a)
bring an individual action in small claims court; (b) pursue an
enforcement action through the applicable federal, state, or
local agency if that action is available; (c) seek injunctive or
other equitable relief in a court of law to address an
intellectual property infringement claim or other irreparable
harm; or (d) file suit in a court of law to address an
intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding
arbitration, you may opt out of the provisions of this Section
within thirty (30) days after the date that you first agree to
these Terms by sending written notice to Self Iterate, Inc.,
c/o: Legal Department – Arbitration Opt-Out, [mailing address to
be provided — contact
legal@self-iterate.com], that specifies: your full legal name, the email address
associated with your account or purchase, and a statement that
you wish to opt out of arbitration (“Opt-Out Notice”). Once the
Company receives your Opt-Out Notice, this Section will be void
as to you, and any action arising out of these Terms will be
resolved as set forth in the Section titled “Governing Law.” The
remaining provisions of these Terms will not be affected by your
Opt-Out Notice. Opting out of arbitration has no effect on any
other terms of this Agreement.
Modifications to Arbitration Provision. If the Company makes any
future substantive change to this arbitration provision, you may
reject the change by sending written notice to the Company
within thirty (30) days of the change at the address set forth
in the Opt-Out provision above, in which case this arbitration
provision as in effect immediately prior to the change you
rejected will govern any dispute between you and the Company.
Informal Dispute Resolution. Disputes between you and the
Company can often be resolved without formal proceedings. Before
initiating arbitration or filing in small claims court, you and
the Company agree to make a genuine, good-faith effort to
resolve any dispute informally ("Informal Dispute
Resolution"). The goal is a timely and mutually acceptable
resolution reached without the expense of formal proceedings.
Notice Requirement. To begin the Informal Dispute Resolution
process, the party raising the dispute must provide written
notice to the other party (“Dispute Notice”). Dispute Notices to
the Company should be directed to: Self Iterate, Inc.,
Attention: Legal Department, [mailing address to be provided —
contact
legal@self-iterate.com]. Each Dispute Notice must include: (1) your full name, phone
number, mailing address, and the email address associated with
your account (if applicable); (2) the name, phone number,
mailing address, and email address of your legal counsel, if you
are represented; and (3) a clear description of the nature of
the dispute and the specific remedy or relief you are seeking.
When the Company initiates a Dispute Notice, it will be sent to
the email address or mailing address we have on record for your
account. You are responsible for keeping your contact
information current and accurate. The Dispute Notice must be
signed by the party initiating the process, either by you
personally or by an authorized Company representative, as
applicable.
Dispute Conference. As part of the Informal Dispute Resolution
process, either party may request a telephone conference to
discuss the dispute (“Dispute Conference”). If you are
represented by counsel, your attorney may join the Dispute
Conference, but your personal participation is also required.
Each Dispute Conference is individualized: a separate conference
must be held for each distinct dispute that is initiated, even
where the same counsel or organization represents multiple users
raising similar claims, unless all parties expressly agree
otherwise. Multiple users may not be combined into a single
Dispute Conference without unanimous consent of all parties
involved.
Timing and Tolling. The Informal Dispute Resolution process runs
for 30 days from the date a complete Dispute Notice is received
and must be completed before either party may commence
arbitration or file in small claims court. This 30-day period is
a mandatory precondition to formal proceedings. Any applicable
statutes of limitations and filing deadlines are tolled for the
duration of the Informal Dispute Resolution process.
Governing law. This Agreement shall be governed pursuant to the
laws of the State of Delaware without regard to principles of
conflict of laws. you agree that the Company may initiate a
proceeding related to the enforcement or validity of the
Company’s intellectual property rights in any court having
jurisdiction. With respect to any proceeding that is not subject
to arbitration under this Agreement or policies incorporated
herein, you agree that any proceedings shall be in the federal
or state courts located in Washington. You waive any objection
to venue and to submit to personal jurisdiction in any such
courts.
Interpretation. The division of this Agreement into sections and
the insertion of headings are for convenience of reference only
and shall not affect the construction or interpretation of this
Agreement. In this Agreement, words importing the singular
number include the plural and vice versa; words importing gender
include all genders; and words importing persons include
individuals, sole proprietors, partnerships, corporations,
trusts and unincorporated associations.
Entire Agreement. This Agreement as it may be amended from time
to time in accordance with these Terms, and all other legal
notices and policies on this website, constitutes the entire
agreement between you and the Company with respect to the use of
the Services.
Amendment and Waiver. The Company reserves the right, in its
discretion, to amend this Agreement at any time by posting
amendments on this website. You are responsible for periodically
reviewing the amendments on this website, and you are deemed to
be aware of such amendments. If you do not agree to the amended
terms and conditions, you shall immediately stop using this
website. Access to this website or use of this website after any
amendments have been posted shall constitute your
acknowledgement and acceptance of the amended terms and
conditions. No supplement, modification or amendment to this
Agreement and no waiver of any provision of this Agreement shall
be binding on the Company unless executed by the Company in
writing. No waiver of any of the provisions of this Agreement
shall be deemed to be or shall constitute a waiver of any other
provision (whether or not similar) nor shall such waiver
constitute a continuing waiver unless otherwise expressly
provided.
Severability. Any provision of this Agreement which is held by a
court of competent jurisdiction to be illegal, invalid or
unenforceable in such jurisdiction shall, as to that
jurisdiction, be ineffective to the extent of such illegality,
invalidity or unenforceability and shall otherwise be enforced
to the maximum extent permitted by law, all without affecting
the remaining provisions of this Agreement or affecting the
legality, validity or enforceability of such provision in any
other jurisdiction.
Inurement. This Agreement shall inure to the benefit of and be
binding upon each of us and our respective successors and
permitted assigns. You acknowledge having read this Agreement
before accepting it, having the authority to accept this
Agreement and having received a copy of this Agreement.
Assignment. You shall not assign or transfer any of your rights
or obligations under this Agreement without our prior written
consent, which we may withhold at our sole and absolute
discretion. Any actual or attempted assignment hereof by you
contrary to the terms of this Agreement shall be null and void.
We may, at its discretion, assign some or all our rights or
obligations to a third party, without your consent or approval.
If we are acquired by, sold to, or merged with a third-party
entity, we reserve the right to transfer or assign all your user
data as part of such merger, acquisition, sale, or change of
control.
Jurisdictional Limitations. The Site is controlled and operated
by the Company from its principal place of business in
Washington. Those who access or use the Site from other
jurisdictions do so at their own volition and are responsible
for compliance with applicable local law. Some jurisdictions do
not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential
damages. Accordingly, certain provisions of these Terms may not
apply to you in those jurisdictions; all other provisions remain
in full force and effect.
Additional Terms for Apple App Store Users. This Section applies
solely to your use of the App obtained through the Apple App
Store. In the event of any conflict between this Section and any
other provision of these Terms with respect to such use, this
Section controls.
Acknowledgement. You acknowledge and agree that these Terms are
concluded solely between you and the Company, and not with Apple
Inc. (“Apple”). The Company, not Apple, is solely responsible
for the App and its content. These Terms do not provide for
usage rules that conflict with the Apple Media Services Terms
and Conditions.
Scope of License. The license granted to you for the App is a
limited, non-transferable license to use the App on any
Apple-branded products that you own or control, and as permitted
by the usage rules set forth in the Apple Media Services Terms
and Conditions. This license may be accessed and used by other
accounts associated with you via Family Sharing or volume
purchasing, to the extent permitted by those Usage Rules.
Maintenance and Support. The Company is solely responsible for
providing maintenance and support services with respect to the
App, as specified in these Terms or as required under applicable
law. You acknowledge and agree that Apple has no obligation
whatsoever to furnish any maintenance or support services with
respect to the App.
Warranty. The Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not
effectively disclaimed under these Terms. In the event of any
failure of the App to conform to any applicable warranty, you
may notify Apple, and Apple will refund the purchase price for
the App to you (if any). To the maximum extent permitted by
applicable law, Apple will have no other warranty obligation
whatsoever with respect to the App. Any other claims, losses,
liabilities, damages, costs, or expenses attributable to any
failure to conform to any warranty are the sole responsibility
of the Company, as between Apple and the Company.
Product Claims. You acknowledge and agree that the Company, not
Apple, is responsible for addressing any claims you or any third
party may have relating to the App or your possession and use of
the App, including but not limited to: (i) product liability
claims; (ii) any claim that the App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection, privacy, or similar
legislation, including in connection with the App’s use of
Apple’s HealthKit and HomeKit frameworks. Nothing in these Terms
limits the Company's liability to you beyond what is
permitted by applicable law.
Intellectual Property Rights. In the event of any third-party
claim that the App or your possession and use of the App
infringes a third party's intellectual property rights, the
Company, not Apple, will be solely responsible for the
investigation, defense, settlement, and discharge of any such
intellectual property infringement claim.
Legal Compliance. 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.
This provision supplements, and does not replace, the
eligibility representations in these Terms.
Developer Name and Address. Questions, complaints, or claims
with respect to the App should be directed to the Company, not
Apple.
Third-Party Terms. You must comply with applicable third-party
terms of agreement when using the App. For example, if the App
accesses a wireless data service, you must not be in violation
of your wireless data service agreement when using the App.
Third-Party Beneficiary. You acknowledge and agree that Apple
and Apple’s subsidiaries are third-party beneficiaries of these
Terms. Upon your acceptance of these Terms, Apple will have the
right (and will be deemed to have accepted the right) to enforce
these Terms against you as a third-party beneficiary thereof.
Support. Please direct questions, complaints, or issues to
legal@self-iterate.com. Hours of support are Mon to Fri 10:00 am—6:00 pm PT.
