Terms of
service.
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.