Terms of Service - mobilize-app.com

OVERVIEW OF OUR TERMS OF SERVICE

These Terms of Service (“Terms”) set forth the legally binding terms and conditions that govern your access and/or use of the Mobility and Recovery App (“App”), the Mobility and Recovery website (“Website”), and any information or materials we provide through the App, Website, or any of our other services (collectively, the “Services”) offered by Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos, including its subsidiaries and affiliates (collectively, “We,” “Our,” “Us”).

By accessing or using any of the Services, you are accepting and agree to be bound by these Terms (which incorporates by reference our Privacy Policy), on behalf of yourself or your minor child (if applicable), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or your minor child (if applicable).

If you do not agree with all of these Terms, do not access and/or use the Services.

All capitalized terms not defined in these Terms of Service are defined in our Privacy Policy.

ELIGIBILITY

• You must be 18 years of age or older to use our Services and provide certain information to use our Services.
• You must be 18 years of age or older to purchase our paid Services or any other products or services offered by us through our Services.
• The above age limits are referred to individually and collectively as “Minimum Age.”
• If other applicable laws require you (or your child) to be older than the above-mentioned Minimum Age in order to use, access or purchase the Services or any other products and services offered by us or any other third party, then the Minimum Age will be the older age under such applicable laws.
• In order to use our Services, you must not be in violation of any embargoes, export controls, or other laws of Canada, the United States, or other countries having jurisdiction over these Terms, us, and yourself.

THESE TERMS MAY CHANGE

These Terms are subject to occasional revision, and if we make any substantive changes, we may notify you by sending you an email to the last email address you provided to us or by prominently posting a notice of the changes within our Services and/or within our Terms.

Your continued use of our Services following notice of any changes to our Terms or Privacy Policy, or any other policies or guidelines, constitutes your acceptance of all such changes.

READ OUR PRIVACY POLICY

Any information that we collect through your use of the Services is subject to our Privacy Policy, which is part of these Terms of Service.

HEALTH AND SAFETY WARNINGS AND DISCLAIMERS

You should consult a physician or healthcare professional before beginning any physical, fitness, or exercise program, including your use of the App and any of our other Services. It is your sole responsibility to evaluate your own health and wellness before undertaking to use any information or program available through our Services. When used improperly or undertaken by persons with certain medical conditions, changes in exercise, diet, or other physical activity may result in injury, illness, or death without proper medical evaluations.

By using our Services, you acknowledge and agree that:

(a) You have consulted a healthcare professional prior to undertaking any program or information through our Services;
(b) If you choose not to consult with a healthcare professional, then you assume all risks and liabilities related to or arising from such choice; and
(c) You utilize all Services at your own, sole risk.
(d) Our Services are not intended to diagnose, treat, cure, or prevent any disease or health condition.
(e) The App is not a medical device and is not intended to be used as such.
(f) The exercises, programs, and other content provided through the App are for informational and educational purposes only.
(g) You understand that exercise carries certain inherent risks including, but not limited to, muscle injuries, heart attacks, strokes, and other serious injuries or death.

If you choose to provide any preferences or other information in connection with your use of the App or our Services, you acknowledge and agree that:

(h) You are solely responsible for the submission of and accuracy (or lack of accuracy of) all such information;
(i) You voluntarily provide all such information and may choose to delete such information (if applicable);
(j) We shall not in any way validate, confirm, verify or object to the truthfulness, completeness, accuracy or existence of all such information provided by you; and
(k) We are not liable or responsible in any way for any preferences or other information submitted under your account or in connection with you in any way.

In the event that the App or our Services include any features or information related to any of your preferences, you acknowledge and agree that:

(l) All such features or information are provided only for informational purposes and not intended as medical, professional, therapeutic or other counseling services, advice or recommendations, or for diagnostic, evaluation or treatment purposes; and
(m) You shall never disregard professional medical advice (or any related advice or services) or delay in seeking such because of something you have viewed on the App or through our Services.

You are responsible for considering the risks involved and consulting with your medical professional before engaging in any physical activity. Please also refer to our Privacy Policy for privacy terms related to your provision of preferences.

Our Services may incorporate automated, artificial intelligence, or algorithm-driven features that generate exercise routines, recommendations, or other guidance. You acknowledge that these automated outputs are for informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Such outputs may contain errors, omissions, or recommendations that are not suitable for you or safe under your personal circumstances. You assume all responsibility for evaluating any automatically generated suggestions and agree to consult a qualified healthcare professional before relying on them. We are not liable or responsible in any way for any harm, injury, or other adverse outcome arising from your use of automated or algorithm-driven recommendations provided through our Services.

PAIN SCALE TRACKING AND HEALTH DATA: The App allows you to track subjective pain levels on a scale from 1-10 for workout sessions. This feature is provided for your personal tracking purposes only and is not intended for medical diagnosis or treatment purposes. The pain scale data and other health-related information you enter is stored securely in accordance with our Privacy Policy. We do not share your health data with third parties except as described in our Privacy Policy.

BASIC TERMS

6. ACCOUNT CREATION AND RESPONSIBILITIES

6.1. Account Creation. In order to use certain features of the Services, you may register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. We may suspend or terminate your Account as permitted in these Terms.

6.2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Your membership is personal and non-transferable. You may not share your Account and/or password with any other person. You acknowledge and agree that we will not be liable for any loss or damage arising from your failure to comply with these requirements.

6.3. Account Deletion. You may request deletion of your account at any time by contacting us at support@mobilize-app.com. Upon account deletion, your personal information will be removed from our active databases, though some information may be retained for a period of time as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

7. THE SERVICES

7.1. License. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, non-commercial use.

7.2. Certain Restrictions Regarding Your Use of the Services. The rights granted to you in these Terms are subject to the following restrictions:

7.2.1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed within the Services.

7.2.2. You shall not modify, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services.

7.2.3. You shall not access the Services in order to build a similar or competitive app, platform, website, product, or service.

7.2.4. You shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services.

7.2.5. You shall not post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable, all as determined by us in our sole discretion.

7.2.6. You shall not infringe on anyone’s intellectual property rights (including privacy and publicity rights), defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

7.2.7. You shall not hack or modify the Services to set up robots to automate or otherwise manipulate content within the Services.

7.2.8. You shall not hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Services or any property, product or service of any of our suppliers, vendors or third-party contractors or service providers, users or any other third parties.

7.2.9. You shall not share videos or any other content, information or programs accessed through the Service with any third parties.

7.2.10. Except as expressly stated in these Terms, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

7.2.11. Any information, materials or programs purchased through the Services are for your sole use and may not be copied, shared, or otherwise distributed to any third party.

7.2.12. You shall not violate the laws of Canada, its provinces or territories, or any other countries or entities having jurisdiction over these Terms, us or yourself.

7.2.13. You shall not do anything else that we believe (in our sole discretion) could harm or negatively affect us or any third party.

7.3. Prohibition on Data Scraping, Harvesting, and Unauthorized Use of Intellectual Property. All content within the Services, including but not limited to text, images (whether or not copyright registration is pending or confirmed), graphics, exercise data, workouts, programs, audiovisual elements, software code, interfaces, and all other materials (collectively, “Service Content”), is the exclusive property of us and/or our suppliers, licensors, or other authorized third parties. The Service Content is protected by Canadian and international intellectual property laws, including but not limited to copyright, trademark, and trade secret laws. You agree that you will not:

7.3.1. Use any automated systems, software, or technical means (such as spiders, robots, scrapers, crawlers, or data mining tools) to access, query, extract, download, scrape, or otherwise obtain data or Service Content from the Services for any purpose without our prior written authorization.

7.3.2. Collect, harvest, store, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, transmit, exploit, reverse engineer, disassemble, decompile, or otherwise attempt to obtain the underlying code, structure, or organization of any portion of the Services, including the App, its exercise data, and any related Service Content.

7.3.3. Remove, alter, bypass, or circumvent any copyright, trademark, or other proprietary notices, labels, or technological measures designed to prevent unauthorized access to or copying of Service Content.

Any attempt to engage in the prohibited activities above, including unauthorized copying, scraping, decompiling, or harvesting of Service Content, constitutes a material breach of these Terms. In addition to immediate termination of your Account and revocation of any licenses or permissions granted herein, we reserve the right to pursue all available legal remedies, including seeking injunctive relief and damages, under applicable laws. By using the Services, you acknowledge and agree that a breach of these Terms may cause irreparable harm to us that cannot be fully remedied by money damages alone, entitling us to seek immediate judicial intervention.

7.4. Changes to the Services. We reserve the right, at any time, to modify, update, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, updates, suspension, or discontinuation of the Services or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Our Intellectual Property. You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, contained within or provided through the Services and its content (in any form or medium) are owned by us or our suppliers or third party contractors (collectively, “Our IP”). Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to Our IP, including any related intellectual property rights, except for the limited access rights expressly set forth above. We and our suppliers reserve all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms. You are not permitted to use any of Our IP in any way without our prior written consent or our applicable supplier.

8.2. User Submissions and Contributions. By submitting any content, feedback, or suggestions (“Submissions”) to us through the Services, you grant us an irrevocable, non-exclusive, royalty-free, fully-paid, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions in any form, media, or technology. You represent and warrant that: (a) you own or control all rights in and to your Submissions; and (b) all of your Submissions do and will comply with these Terms.

8.3. Copyright Infringement. We respect the intellectual property rights of others. If you believe that any content available on or through the Services infringes upon any copyright you own or control, please notify us at legal@mobilizeapp.com with the following information:

8.3.1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
8.3.2. Identification of the copyrighted work claimed to have been infringed;
8.3.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
8.3.4. Your contact information, including your address, telephone number, and email address;
8.3.5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
8.3.6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

9. Third-Party Services

9.1. In order to optimize your experience with the Services, you may, at your sole election, decide to link your social media accounts, wearable devices, non-wearable devices, calendars, applications, platforms, or programs, now in existence or hereafter developed, (collectively and including related devices, “Third-Party Services”) that you utilize now or in the future. We may provide such links to your Third-Party Services only as a convenience to you, and do not review, approve, monitor, endorse, warrant or make any representations regarding such services or devices. All such Third-Party Services are neither our responsibility nor under our control.

9.2. By linking such Third-Party Services with your Account, you represent and warrant that: (a) such Third-Party Services are your own; (b) you are authorized to access and link such Third-Party Services Account; and (c) you expressly authorize us to utilize, implement, and, if applicable, share any information or data received from your Third-Party Services. You may un-link your Third-Party Services at any time but understand that you may experience, as a result, a more limited interaction with our Services.

9.3. Please remember you shall remain bound by the terms of use and privacy policy of the owners of your Third-Party Services while they are linked to the Services. You acknowledge that these Terms do not apply to any Third-Party Services, and that you assume all responsibility of and any risk arising from your use of such Third-Party Services.

10. App Stores

10.1. You acknowledge and agree that the availability of the Services is dependent on the third-party platform from which you access the Services, e.g., the Apple App Store or Google Play Store (individually and collectively, “App Store(s)”).

10.2. You acknowledge that these Terms of Use are between you and us and not with the App Stores. We, not the App Stores, are solely responsible for the Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any related claims. In order to use the Services, you must have Internet connectivity and you agree to pay all fees associated with such connectivity. You also agree to pay all fees (if any) charged by the App Store in connection with using the App.

10.3. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Stores’ terms and policies) when using the App and the Services. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them to the extent the rights of the operator of any App Stores are affected by such Terms.

10.4. You also agree that the App is accessed through or downloaded from an App Store; therefore, your use of the App through the applicable App Store requires you to comply with such App Store’s terms of service, and this means you agree to the following:

10.4.1. You shall pay all fees (if any) charged by the App Store in connection with the App.

10.4.2. You shall comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App and the Services.

10.4.3. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them to the extent the rights of the operator of any App Stores are affected by such Terms.

10.5. App Downloaded through the Apple App Store:

10.5.1. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the 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.

10.5.2. We, not Apple, are solely responsible for providing maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10.5.3. 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; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

10.5.4. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or 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.

10.5.5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

10.5.6. 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.

10.6. App Downloaded through the Google Play Store:

10.6.1. Google has no obligation or liability to you with respect to the App or these Terms of Use.

11. Fees and Payments

11.1. Payment Processors. We utilize the services of third-party payment processors (“Processors”) to handle your purchases of certain Services, and in such cases, we do not store your credit card or other payment method information. Such Processors may require you to store credit card or other sensitive, personal information. We make no warranties or representation with respect to any Processor and their ability to safeguard your information. It is important that you review the Processor’s terms of use and privacy policy prior to using their services.

11.2. Fees for Services. You agree that your purchase of certain Services will include a charge for the processing of such purchase, and such processing fees are non-refundable if you seek a refund for a Service you purchased.

11.3. Subscription Services. The App offers subscription services that provide access to premium content, features, and services. Subscriptions may be offered on a monthly or annual basis. You will be charged the applicable fee at the beginning of each subscription period.

11.3.1. SUBSCRIPTION AUTO-RENEWAL: Your subscription will automatically renew at the end of each subscription period unless you cancel it at least 24 hours before the end of the current period. By purchasing a subscription, you authorize us to charge your payment method automatically at the beginning of each subscription period until you cancel.

11.3.2. SUBSCRIPTION MANAGEMENT: You can manage and cancel your subscriptions through your App Store account settings:

For iOS devices:
• Open the App Store
• Tap your profile icon
• Tap Subscriptions
• Find the Mobilize App subscription
• Tap Cancel Subscription

For Android devices:
• Open the Google Play Store
• Tap your profile icon
• Tap Payments & subscriptions
• Tap Subscriptions
• Find the Mobilize App subscription
• Tap Cancel subscription

If you cancel, you can continue to use the subscription until the end of your current subscription period.

11.3.3. SUBSCRIPTION PRICING: Current subscription prices are displayed within the app at the time of purchase. Please refer to the app for the most up-to-date pricing information. Annual subscriptions offer savings compared to monthly subscriptions. Prices are in USD and may vary by country. Prices are subject to change.

11.4. Free Trials. We may offer free trials to our subscription services. If you do not cancel your subscription before the end of the free trial period, you will be automatically charged the applicable subscription fee at the beginning of the subsequent subscription period. Only one free trial is available per user.

11.4.1. FREE TRIAL CONVERSION: By signing up for a free trial, you agree that upon completion of the free trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged unless you cancel at least 24 hours before the end of the trial.

11.4.2. TRIAL ELIGIBILITY: We may use information such as device identifier, payment method, or account email to determine eligibility for free trials. We reserve the right to reject or limit free trial access in our sole discretion.

11.5. Price Changes. We reserve the right to change our subscription fees at any time. If we change our subscription fees, we will provide notice of the change on the App or by email at least 30 days before the change takes effect. Your continued use of the subscription service after the fee change takes effect constitutes your agreement to pay the changed amount.

11.6. Refunds. Refunds are subject to the policies of the applicable App Store. We do not provide refunds for partially used subscription periods. For refund requests, please contact Apple Support directly through the App Store or Apple support website, or Google Play Support for Android users.

11.7. Third-Party Payment Processing. All in-app purchases and subscription payments are processed by Apple (for iOS users) or Google (for Android users). We do not process or store your payment information. When making purchases, you agree to Apple’s or Google’s applicable payment terms and conditions.

11.8. Promotional Codes. We may offer promotional codes that provide temporary access to premium features. Promotional codes have specific expiration dates and usage terms as specified at the time they are provided. After a promotional period ends, you will need to purchase a subscription to continue accessing premium features.

12. USER GENERATED CONTRIBUTIONS

12.1. User Created Content. The App allows you to create custom exercises and workout programs, add notes to workout sessions, track pain levels, and input other personal data. Any content you create, upload, or provide through the App (“User Contributions”) remains your property, but you grant us certain licenses to use this content as described below.

12.2. License Grant. By creating or submitting any User Contributions to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Contributions for the purpose of providing and improving the Services. This license allows us to:

12.2.1. Store your custom exercises and programs on our servers;
12.2.2. Display your content within your account;
12.2.3. Analyze your workout data to provide personalized insights and recommendations;
12.2.4. Use aggregated and anonymized data for product improvement.

12.3. Representations and Warranties. You represent and warrant that:

12.3.1. You own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to any User Contributions;
12.3.2. Your User Contributions do not violate any third party’s intellectual property rights or privacy rights;
12.3.3. Your User Contributions do not violate any applicable law or regulation.

12.4. Content Removal. We reserve the right to remove any User Contributions that violate these Terms or that we find objectionable for any reason, in our sole discretion.

13. PROHIBITED ACTIVITIES

13.1. General Prohibitions. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

13.2. Prohibited Actions. As a user of the Services, you agree not to:

13.2.1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

13.2.2. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

13.2.3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.

13.2.4. Engage in unauthorized framing of or linking to the Services.

13.2.5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

13.2.6. Make improper use of our support services or submit false reports of abuse or misconduct.

13.2.7. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

13.2.8. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

13.2.9. Attempt to impersonate another user or person or use the username of another user.

13.2.10. Use any information obtained from the Services in order to harass, abuse, or harm another person.

13.2.11. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise.

13.2.12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as permitted by applicable law.

13.2.13. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

13.2.14. Copy, duplicate, or redistribute any portion of the app’s exercise videos, pre-made programs, or other premium content.

13.2.15. Share your account credentials with others or allow multiple people to use a single account.

13.2.16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

13.2.17. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation.

13.2.18. Create exercise content or programs that could reasonably be deemed dangerous, harmful, or that promote activities that could lead to physical injury.

14. Indemnification

14.1. You agree to indemnify and hold us (and our officers, employees, independent contractors, agents, representatives, affiliates, successors and assigns) harmless from any claims, disputes, demands, liabilities, damages, losses and costs and expenses (including without limitation reasonable attorney’s fees and costs) or demand made by any third party arising out of or in any way connected with (a) your use of the Services, (b) your violation of these Terms, (c) the display, posting or any other use of your content through or in connection with the Services or us, or (d) your violation of applicable laws or regulations.

14.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Our failure to promptly notify you as to the existence of an indemnifiable claim will not relieve your applicable indemnification obligations, except to the extent that such failure or delay is prejudicial.

15. Disclaimers

WE ARE NOT A MEDICAL SERVICE PROVIDER AND DO NOT OFFER MEDICAL ADVICE OR ANY OTHER PROFESSIONAL, THERAPEUTIC OR COUNSELING SERVICES. THE APP AND OUR SERVICES ARE NOT INTENDED FOR MEDICAL DIAGNOSIS, EVALUATION, ADVICE OR TREATMENT. WE DO NOT ENDORSE ANY SPECIFIC PRODUCTS, PROGRAMS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED OR DESCRIBED THROUGH OUR SERVICES. IF YOU RELY ON ANY CONTENT OBTAINED BY YOU THROUGH THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY FOR ANY ACT, OMISSION, ACTIVITY, PRODUCT OR SERVICE THROUGH INDIVIDUALS (INCLUDING YOURSELF) OR PROGRAMS PROVIDED THROUGH THE SERVICES.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

16. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO US. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SECTION 14 AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

17. Release and Waivers

17.1. Release. You hereby release and forever discharge us (and our officers, employees, independent contractors, agents, representatives, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party links and advertisements).

17.2. Jurisdictions Prohibiting Our Limitation of Liability. Notwithstanding any provision of these Terms (including without limitation those in Sections 13, 14 and 15), if your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Section then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or independent contractors; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

18. Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may, without any liability to you whatsoever, suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. This means we have the right to revoke our consent to your use of the Services, Our IP and/or any other permissions we previously granted to you. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect (e.g., survive the termination of the Terms): Sections 2.2 through 14.

19. Dispute Resolution and Arbitration

Please read this Section 19 on Dispute Resolution and Arbitration carefully. It is part of your agreement with us under these Terms and affects your rights. The following contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

19.1. Governing Law. The Terms of Service and the resolution of any “Dispute” shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

19.2. Time Limits. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

19.3. Informal Dispute Resolution Required. We want you to reach out to us if you have any concerns or complaints rather than feeling like you need to initiate a formal legal case. Before filing a claim against us, you agree to try to resolve the Dispute informally by sending to support@mobilize-app.com a written “Notice of Dispute” describing the nature and basis of the claim or dispute, your phone number and formal mailing address, and the requested relief. After we receive the Notice, we will try to resolve the Dispute informally by contacting you through email or telephone. If a Dispute is not resolved within ninety (90) days after the date we contact you informally, you or we may bring a formal proceeding as permitted in this Section 19. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

19.4. Arbitration Terms.

19.4.1. All “Arbitration Cases,” which means all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis in accordance with Section 19.4.

19.4.2. The arbitration shall be initiated through ADR Institute of Canada, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Section 19. If ADR Institute of Canada is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.

19.4.3. Unless otherwise agreed to in writing by both parties, all arbitration proceedings shall be held in English in the City of Toronto, Province of Ontario, Canada.

19.4.4. The arbitration requirements for all Arbitration Cases shall apply to you and us, and to any subsidiaries, affiliates, agents, employees, independent contractors, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

19.4.5. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved, under the applicable arbitration rules, through binding non-appearance-based arbitration, at the option of the party seeking relief. Accordingly, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed in writing by the parties.

19.4.6. For Arbitration Cases with the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in Toronto, Ontario, Canada, unless the parties agree otherwise in writing. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider, unless the arbitrator determines your claim is frivolous, then we will seek for you to cover our attorney’s fees and all fees and costs of the ADR Provider.

19.5. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 19 and the Terms. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

19.6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER (WHETHER AN INDIVIDUAL OR AN ORGANIZATION) CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER (WHETHER AN INDIVIDUAL OR ORGANIZATION).

19.7. Equitable Relief. Notwithstanding anything to the contrary in this Section 19, either party may seek emergency equitable relief before a court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section 19 or the Terms.

19.8. Claims Not Subject to Arbitration. Notwithstanding anything to the contrary in this Section 19, claims (including those related to injunctive relief) of defamation, violation of applicable computer fraud acts, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets (or any other intellectual property rights) or your material breach of the Terms of Service pertaining to your access to or use of the Services shall not be subject to these arbitration terms, so long as the claimant has complied with Section 19.3 (informal dispute requirement).

19.9. Regional Dispute Resolution Provisions

19.9.1. Australian Users. Nothing in these Terms limits, excludes, modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar consumer protection laws in Australia.

19.9.2. EU and UK Users. If you are a consumer and habitually reside in a Member State of the European Union or the United Kingdom, you additionally enjoy the protection of mandatory provisions of the law of your country of residence. You and we both agree to submit to the non-exclusive jurisdiction of the courts of Ontario, which means that you may bring claims to enforce your consumer protection rights in connection with these Terms in Ontario, or in the EU/UK country in which you live.

19.9.3. Latin American Users. If you are a resident of a country in Latin America, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services will be resolved in accordance with the laws of your country of residence without giving effect to any choice of law principles.

19.9.4. Canadian Users. If you are a resident of Canada, you are entitled to the protections and benefits provided by applicable Canadian consumer protection laws, including the Consumer Protection Act in your province of residence. Any provision in these Terms that limits our liability or your remedies in a way that contravenes applicable Canadian consumer protection laws is ineffective with respect to consumers in Canada.

19.10. Courts/Jurisdiction. In any circumstances where the foregoing arbitration terms permit the parties to litigate in court, and subject to the regional dispute resolution provisions above, the parties irrevocably agree that jurisdiction and venue shall be that of the courts located within the City of Toronto and the Province of Ontario, Canada, for such purpose, and you agree to accept service by delivery through first class mail.

20. Electronic Communications

The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

21. General Terms

These Terms constitute the entire and exclusive agreement between you and us regarding the Services and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding all of our Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

21.1. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

21.2. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon our successors or assignees.

21.3. Force Majeure. You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics, epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control (collectively, “Force Majeure”). We reserve the right (in our sole discretion) to terminate any or all Services to you or any of our users due to any Force Majeure event.

22. Apple-Required Terms and Data Privacy

22.1. Apple as Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the 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.

22.2. App Maintenance and Support. We, not Apple, are solely responsible for providing maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

22.3. Warranty. 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; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

22.4. Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or 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.

22.5. Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

22.6. 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.

22.7. Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to:

Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos
support@mobilize-app.com

23. Data Privacy and Children

23.1. Privacy Policy. Your use of the App is subject to our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy describes how we collect, use, and share information about you. By using the App, you acknowledge and agree to our collection, use, and sharing of information as described in our Privacy Policy.

23.2. Data Collection Consent. By using the App, you consent to the collection and use of your data as described in our Privacy Policy. This includes personal information such as your email address, name, and workout data, as well as technical information such as device information and usage statistics.

23.3. Health Data Collection and Usage. The App collects health-related data including:

23.3.1. Workout logs with date/time information
23.3.2. Exercise details including reps, sets, duration, weight, and band resistance
23.3.3. Pain scale ratings (1-10) for workout sessions
23.3.4. User notes and observations about workouts

This health data is used to provide you with progress tracking capabilities, data visualization, and insights about your workout consistency and recovery progress. We do not use health data for advertising or marketing purposes.

23.4. Children’s Usage. The App is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian and you believe that your child has provided us with personal information, please contact us immediately at privacy@mobilizeapp.com. If we become aware that we have collected personal information from a child under age 18 without verification of parental consent, we will take steps to remove that information from our servers.

23.5. California Privacy Rights. If you are a California resident, you may have certain additional rights regarding your personal information under the California Consumer Privacy Act (CCPA) and other California privacy laws. Please refer to our Privacy Policy for more information about these rights.

23.6. European Union Users. If you are in the European Union, you may have certain rights under the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information about these rights.

23.7. Data Deletion Request. You have the right to request deletion of your personal information. To request deletion of your personal information, please email us at privacy@mobilizeapp.com. We will respond to your request within a reasonable timeframe and in accordance with applicable laws.

23.8. Additional Data Privacy Protections. In accordance with Google Play’s User Data policy and Apple’s App Store guidelines, we commit to the following additional protections:

23.8.1. Data Transmission Security. All personal and sensitive user data is handled securely, including transmission using modern cryptography (HTTPS).

23.8.2. Restricted Data Usage. We limit our access, collection, use, and sharing of personal and sensitive user data acquired through the App to functionality and purposes reasonably expected by you. We do not sell your personal and sensitive user data to third parties.

23.8.3. Permission Usage. We request runtime permissions only when necessary for App functionality, and we only access data related to the permission when required to deliver the feature you’re using.

23.8.4. Third-Party Data Handling. Any third-party code (SDKs) used in our App is required to handle your data in compliance with our privacy policy and applicable data protection laws.

23.9. Health Data Specific Protections. As our App collects health-related data such as workout information and pain scale ratings, we implement these additional protections:

23.9.1. Health Data Usage Limitations. We do not use or disclose to third parties any data gathered in the health, fitness, and medical research context for advertising, marketing, or other use-based data mining purposes other than improving health management.

23.9.2. Health Data Accuracy. We implement reasonable measures to ensure that data entered into or generated by the App is accurately stored and transmitted, but we cannot guarantee the accuracy of data you enter manually.

23.9.3. Discontinuation Notice. If we plan to discontinue the App or significantly change our health data handling practices, we will provide advance notice to users to allow you to export or transfer your health data.

23.10. International User Rights. If you use our App from a country other than Canada, your information may be transferred to, stored, and processed in Canada where our servers are located and our central database is operated. The data protection and other laws of Canada might not be as comprehensive as those in your country. By using our App, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in our Privacy Policy.

23.10.1. European Economic Area Users. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, restrict processing of, and port your personal data. To exercise these rights, please contact us at privacy@mobilizeapp.com.

23.10.2. United Kingdom Users. If you are located in the United Kingdom, you have similar rights under the UK GDPR and Data Protection Act 2018. To exercise these rights, please contact us at privacy@mobilizeapp.com.

23.7. Additional Data Privacy Protections. In accordance with Google Play’s User Data policy, we commit to the following additional protections:

23.7.1. Data Transmission Security. All personal and sensitive user data is handled securely, including transmission using modern cryptography (HTTPS).

23.7.2. Restricted Data Usage. We limit our access, collection, use, and sharing of personal and sensitive user data acquired through the App to functionality and purposes reasonably expected by you. We do not sell your personal and sensitive user data to third parties.

23.7.3. Permission Usage. We request runtime permissions only when necessary for App functionality, and we only access data related to the permission when required to deliver the feature you’re using.

23.7.4. Third-Party Data Handling. Any third-party code (SDKs) used in our App is required to handle your data in compliance with our privacy policy and applicable data protection laws.

23.8. Health Data Specific Protections. As our App collects health-related data such as workout information and pain scale ratings, we implement these additional protections:

23.8.1. Health Data Usage Limitations. We do not use or disclose to third parties any data gathered in the health, fitness, and medical research context for advertising, marketing, or other use-based data mining purposes other than improving health management.

23.8.2. Health Data Accuracy. We implement reasonable measures to ensure that data entered into or generated by the App is accurately stored and transmitted, but we cannot guarantee the accuracy of data you enter manually.

23.8.3. Discontinuation Notice. If we plan to discontinue the App or significantly change our health data handling practices, we will provide advance notice to users to allow you to export or transfer your health data.

23.9. International User Rights. If you use our App from a country other than Canada, your information may be transferred to, stored, and processed in Canada where our servers are located and our central database is operated. The data protection and other laws of Canada might not be as comprehensive as those in your country. By using our App, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in our Privacy Policy.

23.9.1. European Economic Area Users. If you are located in the European Economic Area (EEA), you have certain rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, restrict processing of, and port your personal data. To exercise these rights, please contact us at privacy@mobilizeapp.com.

23.9.2. United Kingdom Users. If you are located in the United Kingdom, you have similar rights under the UK GDPR and Data Protection Act 2018. To exercise these rights, please contact us at privacy@mobilizeapp.com.

23.9.3. Brazil Users. If you are located in Brazil, you have certain rights under the Lei Geral de Proteção de Dados (LGPD), including the right to access, correct, delete, restrict processing of, and port your personal data. To exercise these rights, please contact us at privacy@mobilizeapp.com.

23.10. Cross-Border Data Transfers. When we transfer personal data outside of your jurisdiction, we implement appropriate safeguards to ensure your information is protected in accordance with this Privacy Policy and applicable laws. These safeguards may include implementing standard contractual clauses for data transfers, ensuring the recipient country has adequate data protection laws, or obtaining your consent for the transfer.

24. Specific App Features and Data Collection

24.1. Exercise Library. The App provides access to pre-loaded exercise videos and images with detailed descriptions organized by target body areas. You can view high-quality video demonstrations with play/pause controls and access comprehensive descriptions, instructions, and target area information for each exercise.

24.2. Program Management. The App allows you to access pre-made exercise programs created by professionals, create custom exercise routines, view program details with descriptions and associated exercises, and save favorite exercises and programs for quick access.

24.3. Workout Logging. The App enables you to record completed exercises with date tracking, log specific details like reps, duration, weight, and band resistance, record subjective pain levels (1-10) for each workout session, add detailed notes about workout sessions, and mark exercises as completed or in progress.

24.4. Progress Tracking. The App provides visualization of pain levels over time to track recovery progress, monitors workout frequency and adherence to routines, allows review of past workout notes and observations, and tracks improvement across various metrics.

24.5. Data Collection and Usage. We collect and use data as described in our Privacy Policy, including user account data (email, username, full name, user ID, password), exercise and program data created by users, workout tracking data (date/time, completed exercises, exercise parameters, pain scale ratings, notes), app interaction data, device information, and subscription status.

24.6. Data Storage and Security. All user data is stored in a secure Supabase database with appropriate row-level security. Authentication information is managed through Supabase Auth. Local data caching is implemented for performance optimization. Media content is stored in secure cloud storage with CDN delivery.

24.7. Data Saver Mode. The App includes a Data Saver mode that allows you to restrict video streaming when on cellular data to help manage your data usage.

24.8. Accessibility. We strive to make our App accessible to users with disabilities. Our App supports system accessibility features like dynamic text sizing, VoiceOver/TalkBack screen readers, and adequate color contrast. If you encounter any accessibility issues while using our App, please contact us at support@mobilize-app.com.

25. Third-Party Services Integration

25.1. Supabase Services

25.1.1. Our App uses Supabase for database storage, user authentication, and backend functionality. This includes storing your user account data, exercise and program information, workout logs, and authentication credentials.

25.1.2. Your data stored in Supabase is protected by row-level security policies that ensure users can only access their own data. Supabase database functions manage promotional codes, workout logs, and subscription tracking.

25.1.3. By using our App, you acknowledge and agree that your data will be stored and processed by Supabase according to their privacy policy and terms of service.

25.2. RevenueCat Services

25.2.1. Our App uses RevenueCat for subscription management and in-app purchase handling. RevenueCat collects user identifiers (RevenueCat user ID linked to your app user ID), purchase information, subscription status and history, trial eligibility and usage, and entitlement verification status.

25.2.2. RevenueCat handles subscription purchases through Apple App Store and Google Play Store, syncs purchase information across platforms, provides a unified subscription management interface, and verifies entitlements for access control.

25.2.3. By using our subscription services, you acknowledge and agree that your subscription and purchase data will be processed by RevenueCat according to their privacy policy and terms of service.

25.2.4. You agree that we may share necessary information with RevenueCat to provide and maintain the subscription services, including your user ID and subscription status.

25.3. Apple App Store and Google Play Store

25.3.1. Our App is distributed through the Apple App Store and Google Play Store, which process in-app purchases and subscription payments. These stores collect user payment information, purchase history, and app download/update metrics.

25.3.2. In-app purchase products available include monthly subscription (mobility_recovery_monthly) and annual subscription (mobility_recovery_annual).

25.3.3. Both platforms process payments and provide subscription status to the App. App-specific purchase tokens are used to validate subscription status.

25.3.4. By making purchases through our App, you agree to the terms and conditions of the applicable app store, including their payment and refund policies.

25.4. In-App Promotional Code System

25.4.1. Our App includes a promotional code system that provides time-limited access without requiring payment. When you redeem a promotional code, we store redemption status and history, user redemption information, and access duration and expiration data.

25.4.2. Promotional codes are time-limited, typically providing access for a specific duration. After the promotional period expires, you will need to purchase a subscription to continue accessing premium features.

25.4.3. By using a promotional code, you acknowledge that we will store information about your promotional access status and usage.

25.5. App Functionality Limitations

25.5.1. Offline Functionality. Some features of the App require an active internet connection to function properly. While we have designed the App to provide basic functionality during periods of no connectivity (including viewing previously downloaded exercises and programs), full functionality including synchronization of workout data, access to new content, and subscription validation requires an internet connection.

25.5.2. Battery Usage. The App is designed to minimize battery consumption, but extended use of features like video playback may increase battery usage. You can enable Data Saver Mode to reduce both data and battery consumption when streaming videos.

25.5.3. Data Usage. Streaming exercise videos and syncing workout data will consume mobile data when not connected to Wi-Fi. Data Saver Mode can be enabled to restrict video streaming when on cellular data networks.

25.5.4. Background Processing. The App may perform minimal background processing for tasks such as syncing workout data or managing local caching. These processes are designed to minimize resource usage and battery impact.

26. Data Security and Device Permissions

26.1. The App requires the following permissions to provide our services:

26.1.1. Internet access (for syncing data with our servers and streaming exercise videos)
26.1.2. Network state access (for checking connectivity status for Data Saver Mode)
26.1.3. Billing permission (for processing in-app purchases through RevenueCat)

26.2. You can manage these permissions through your device settings at any time. Denying certain permissions may limit some App functionality.

26.3. When using features that require accessing your device’s photo library (such as creating custom exercises with your own images), your device’s system picker will request temporary access to your photos. This is handled through your device’s native permissions system and is only requested when you explicitly choose to upload or select an image.

26.4. We implement appropriate security measures to protect your data, including secure HTTPS connections, authentication tokens with appropriate expiration, local data caching with time-to-live (TTL) limits, and secure storage of sensitive information.

26.5. We collect device information for debugging and optimization purposes, including operating system version, device type, app version, and connection type (for data saver mode).

26.6. Permission Usage Transparency. For each permission our App requests:

26.6.1. Internet: Used to sync your exercise data with our servers, download exercise videos, and enable features that require network connectivity.

26.6.2. Network State: Used to determine connection type and implement Data Saver Mode to restrict video streaming when on cellular data.

26.6.3. Billing: Used to process in-app subscriptions and purchases through the Apple App Store and Google Play Store.

26.7. Limited Collection Principle. We follow the principle of data minimization and only collect data necessary for the functioning of the App. Data collection is limited to what is required for specific features you use.

26.8. Data Breach Notification. In the event of a data breach affecting your personal information, we will notify you in accordance with applicable laws and regulations.

26.9. Children’s Online Privacy Protection Act (“COPPA”) Compliance. Our App is not directed to children under the age of 18, and we do not knowingly collect personal information from children under 18. If we learn that we have collected personal information from a child under 18 without verification of parental consent, we will take steps to remove that information from our servers.

26.10. Location Data. The App does not collect precise location data. Any optional features that may use location in the future will require explicit user consent before collection or use of such data.

26.11. Usage Data and Advertising. We collect anonymous usage data to improve the App’s functionality and user experience. We do not share personally identifiable information with third-party advertisers. If we add advertising features in the future, we will update these Terms and provide appropriate user controls.

27. Contact Us

PLEASE CONTACT US AT support@mobilize-app.com IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.

Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos
support@mobilize-app.com

28. Additional Legal Terms

28.1. Export Controls. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.

28.2. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

28.3. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

28.4. Language. The original language of these Terms is English. Any translations are provided for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

28.5. Survival. Any provisions of these Terms that by their nature should survive termination of your use of the App will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

28.6. Entire Agreement. These Terms constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous oral or written agreements concerning such subject matter.

28.7. Notices. Any notices or other communications provided by us under these Terms will be given by posting to the App or, at our discretion, by email to the address you provide. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

28.8. Alternative Dispute Resolution for EU Consumers. If you are a consumer in the European Union, in accordance with EU Regulation No. 524/2013, you may resolve disputes related to our online services through the EU’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr.

28.9. Apple App Store Additional Terms

28.9.1. These Terms are concluded between you and Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos, not with Apple, and Apple is not responsible for the App and its content.

28.9.2. Apple has no obligation whatsoever to furnish any maintenance and support services regarding the App.

28.9.3. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.

28.9.4. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or 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 or similar legislation.

28.9.5. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, and discharge of any such claim.

28.9.6. 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.

28.9.7. Apple and its subsidiaries are third-party beneficiaries of these Terms and 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.

28.10. Google Play Store Additional Terms

28.10.1. These Terms are concluded between you and Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos, not with Google, and Google is not responsible for the App and its content.

28.10.2. Your use of the App must comply with the Google Play Terms of Service.

28.10.3. Google is only a provider of Google Play where you obtained the App. Soumbos Osteopathy, a sole proprietorship owned and operated by Andrew Soumbos, not Google, is solely responsible for the App and the content thereof.

28.10.4. Google has no obligation or liability to you with respect to the App or these Terms.

28.11. Compliance with Local Laws

28.11.1. You are responsible for complying with all applicable local laws, regulations, and rules in the jurisdiction(s) in which you use the App.

28.11.2. The App may not be available in all countries and may be provided with different features, terms, or services in different countries.

28.11.3. Based on your location, there may be additional rights, restrictions, or requirements that apply to your use of the App. You agree to comply with any laws specific to your country or region of residence.

28.12. Canadian-Specific Provisions

28.12.1. Language. The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

28.12.2. Personal Information Protection. For Canadian users, we comply with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and provincial privacy laws. The collection, use, and disclosure of your personal information is governed by our Privacy Policy.

28.12.3. Consumer Protection. These Terms do not affect your non-waivable rights under Canadian provincial consumer protection laws, which vary by province. If any provision of these Terms conflicts with applicable consumer protection laws, such provision will be deemed modified to the extent necessary to comply with such laws.

17. INDEMNIFICATION

17.1. You agree to indemnify and hold us (and our officers, employees, independent contractors, agents, representatives, affiliates, successors and assigns) harmless from any claims, disputes, demands, liabilities, damages, losses and costs and expenses (including without limitation reasonable attorney’s fees and costs) or demand made by any third party arising out of or in any way connected with (a) your use of the Services, (b) your violation of these Terms, (c) the display, posting or any other use of your content through or in connection with the Services or us, or (d) your violation of applicable laws or regulations.

17.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. Our failure to promptly notify you as to the existence of an indemnifiable claim will not relieve your applicable indemnification obligations, except to the extent that such failure or delay is prejudicial.

18. DISCLAIMERS

OUR SERVICES MAY INCORPORATE AUTOMATED, ARTIFICIAL INTELLIGENCE, OR ALGORITHM-DRIVEN FEATURES THAT GENERATE EXERCISE ROUTINES, RECOMMENDATIONS, OR OTHER GUIDANCE. YOU ACKNOWLEDGE THAT THESE AUTOMATED OUTPUTS ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SUCH OUTPUTS MAY CONTAIN ERRORS, OMISSIONS, OR RECOMMENDATIONS THAT ARE NOT SUITABLE FOR YOU OR SAFE UNDER YOUR PERSONAL CIRCUMSTANCES. YOU ASSUME ALL RESPONSIBILITY FOR EVALUATING ANY AUTOMATICALLY GENERATED SUGGESTIONS AND AGREE TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE RELYING ON THEM.

19. LIMITATION ON LIABILITY

YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS SECTION 19 AND ANY OTHER RELEVANT TERMS IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

20. TERM AND TERMINATION

20.1. Term. These Terms will remain in full force and effect while you use the Services.

20.2. Termination by Us. We may, without any liability to you whatsoever, suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. This means we have the right to revoke our consent to your use of the Services, Our IP and/or any other permissions we previously granted to you.

20.3. Effect of Termination. Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 8 (Intellectual Property Rights), 11 (Indemnification), 17 (Indemnification), 18 (Disclaimers), 19 (Limitation on Liability), 21 (Dispute Resolution and Arbitration), and 23 (General Terms).

20.4. Data Retention After Termination. Following termination or deactivation of your account, we may retain your information for a commercially reasonable time for backup, archival, or audit purposes. Any data retained will be handled in accordance with our Privacy Policy.

21. DISPUTE RESOLUTION AND ARBITRATION

Please read this Section 21 on Dispute Resolution and Arbitration carefully. It is part of your agreement with us under these Terms and affects your rights. The following contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

22. ELECTRONIC COMMUNICATIONS

23. GENERAL TERMS

23.1. Entire Agreement. These Terms constitute the entire and exclusive agreement between you and us regarding the Services and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and us regarding all of our Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

23.2. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon our successors or assignees.

23.3. Force Majeure. You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics, epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control (collectively, “Force Majeure”). We reserve the right (in our sole discretion) to terminate any or all Services to you or any of our users due to any Force Majeure event.

23.4. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

23.5. Export Controls. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.

23.6. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

23.7. Language. The original language of these Terms is English. Any translations are provided for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

23.8. Survival. Any provisions of these Terms that by their nature should survive termination of your use of the App will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

23.9. Notices. Any notices or other communications provided by us under these Terms will be given by posting to the App or, at our discretion, by email to the address you provide. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

24. CONTACT US

If you have any questions, please contact us at support@mobilize-app.com.