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Reverse Health
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TERMS OF SERVICE AND ALTERNATIVE DISPUTE RESOLUTION POLICY
Effective April 1, 2023
These terms of service (“Terms of Service”) govern the use of Reverse Health
(the “Site”) and Reverse Health Mobile Application (the “Application”). The Site
and the Application are owned and operated by Reverse Group Inc. (“Reverse
Group” or “Company”). The Site and the Application are collectively referred to
as the “Platform” within the Terms of Service. The terms “you” or “user” refer
to you as a user of the Platform. The terms “we” or “us” refer collectively to
you and the Company.
PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE YOU USE OR ACCESS THE
PLATFORM. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE YOUR
UNDERSTANDING OF, AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE INCLUDING,
WITHOUT LIMITATION, THE AGREEMENT TO BINDING ARBITRATION AND CLASS ACTION WAIVER
SET FORTH HEREIN. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE OF LEGAL AGE TO
FORM A BINDING CONTRACT AND THAT, IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON
BEHALF OF A THIRD PARTY, YOU HAVE AUTHORITY TO BIND SAID THIRD PARTY. IF YOU DO
NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHTS TO ACCESS OR
USE THE PLATFORM AND SHOULD NOT ACCESS OR USE THE PLATFORM.
1. SCOPE OF TERMS OF SERVICE
Unless we indicate otherwise, these Terms of Service apply to your use of
all Platforms which are owned or operated by the Company and its affiliates,
including, without limitation, this Platform and any other website or
application that the Company may own or operate currently or in the future.
For purposes of these Terms of Service, "affiliates" shall mean any entity
or person, directly or indirectly, owning a controlling interest in, owned
by, or under common ownership control with the Company.
1. SERVICES
Subject to the Terms of Service, Reverse Group provides the Platform
services to users, including personalized weight loss coaching program,
personalized meal plans, access to dietitian and health coach, weekly
accountability calls, access to member’s group with likeminded people.
1. ACCOUNTS
1. In order to access the personalized weight loss coaching program and use
certain sections and features of the Platform, you must first take our
quiz on our Platform, register and create an account with us.
2. To register for an account, you must provide us with an e-mail address.
3. When you create an account on our Platform, you agree that all personal
information you provide us through your account is up to date, accurate
and truthful and you will update your personal information if it changes.
4. We reserve the right to suspend or terminate your account if you are
using our Platform illegally or if you violate these Terms of Service.
5. In case of a dispute on user account ownership, we reserve the right to
determine ownership to a user account based on our reasonable judgment.
1. USERNAMES AND PASSWORDS
1. Each person who uses the Platform must register for their own account.
2. You are entirely responsible for safeguarding and maintaining the
confidentiality of your username and password. You agree not to share
your username or password with any person, and, if you are a legal entity
who is not a natural person, to only share your username and password
with a person who is authorized to use your account.
3. You agree to notify us immediately if you suspect or become aware of any
unauthorized use of your account or any unauthorized access to the
password for any account.
4. You further agree not to use the account or log in with the username and
password of another user of the Platform if you are not authorized to use
both; or such use would violate the Terms of Service.
1. NON-PERMITTED USAGE
1. As a user of our Platform, you agree to use our Platform legally, not to
use our Platform for illegal purposes, and not to:
1. violate the rights of other users of our Platform;
2. violate the intellectual property rights of the Platform owners or any
third party to the Platform;
3. hack into the account of another user of the Platform; or
4. act in any way that could be considered illegal or fraudulent.
2. If we believe you are using our Platform illegally or in a manner that
violates these Terms of Service, we reserve the right to limit, suspend
or terminate your access to our Platform. We also reserve the right to
take any legal steps necessary to prevent you from accessing our
Platform.
1. PRICES AND OTHER FEES
1. The use of certain services such as access to the personalized weight
loss coaching program, personalized meal plan, access to dietitian and
health coach, weekly accountability calls, access to the Members’ Group
(“Paid Services” or “Subscription Services”) are subject to payment(s) of
corresponding fees (“Fees”), as determined by Reverse Group at its sole
discretion.
2. Reverse Group reserves the right to change its Fees at any time.
3. Prices for Paid Services will be as quoted on our Platform at the time
you submit your order.
4. Prices posted on the Platform are only valid at the time of purchase and
do not reflect any promise or representation by Reverse Group with
respect to future pricing.
5. You shall be responsible for payment of all applicable taxes relating to
your use of the Paid Services, or to any payments or purchases made by
you.
6. If Reverse Group is obligated to collect or pay taxes for the Fees
payable by you, such taxes may be added to the payment of any outstanding
Fees and will be reflected in the invoice for such transaction. We
recommend that you verify the existence of any additional fees you may be
charged by third parties in connection with the purchase of the Paid
Services (such as international transaction fees, currency exchange fees
or fees due to banks or credit card companies). Reverse Group is not
responsible for any such additional fees or costs.
7. As part of registering or submitting information to receive the Paid
Services, you also authorize Reverse Group (either directly or through
its affiliates, subsidiaries or other third parties) to request and
collect payment and Fees (or otherwise charge, refund or take any other
billing actions) from our payment providers or your designated banking
account, and to make any inquiries Reverse Group or its affiliates may
consider useful or necessary to validate your designated payment account
or financial information, in order to ensure prompt payment, including
for the purpose of receiving updated payment details from your payment,
credit card or banking account provider.
1. PURCHASES AND PAYMENTS
1. You can pay your subscription Fees through PayPal, Credit Card
(Mastercard, Amex, Visa, Discover) or any other payment method(s)
designated by the Company.
2. We will not be liable for any direct or indirect losses you suffer
because of your use of third-party gateways for payment.
3. If we believe your payment has violated any law or the Terms of Service,
we reserve the right to cancel or reverse your transaction.
4. Before placing your order, please check all your information and purchase
details. It is your responsibility to check all your information and
purchase details before placing an order. You will have the opportunity
to review and edit your information and purchase details at any time
before you enter your credit card details and make the payment.
5. After you place an order through our Platform, you will receive a
confirmation e-mail, SMS or “Magic Link” allowing you access to the
Program. This communication constitutes the Company’s acceptance of your
order. Please check the confirmation e-mail and inform us if any of the
information in the confirmation e-mail is incorrect.
6. Upon our being notified of an error with respect to pricing, we will take
appropriate steps to correct the error.
7. We reserve the right to refuse any order placed through the Platform at
our sole discretion.
1. SUBSCRIPTIONS
1. The Platform offers several options with respect to subscription type and
duration. Irrespective of the option chosen, your subscription will
automatically renew until and unless you request that your subscription
be cancelled.
2. You may cancel your subscription at any time. Your cancellation shall be
effective as of the end of the then-current subscription or renewal term.
Following your cancellation, your access to the Platform shall continue
uninterrupted until the end of the then-current subscription or renewal
term.
3. Subscriptions purchased by in-app purchase must be cancelled by changing
the appropriate settings in the app store where you bought the
subscription or from the ‘Manage Subscription’ section on the Platform.
In the alternative, you may also send us an e-mail at help@reverse.health
if you purchased the subscription on the Site.
1. CANCELLATION AND REFUND POLICY
1. When you subscribe to our Subscription Services, you are purchasing
digital content that is personalized for you. Digital content is deemed
“used” after DOWNLOAD or OPENING. All subscription purchases made on the
Platform are non-refundable and non-exchangeable.
2. Refunds may be granted only under the following circumstances:
1. You did not receive access to your personalized weight loss coaching
program (TOS 9(c)); or
2. You received a defective product (TOS 9(d)).
3. If you did not receive access to your personalized weight loss coaching
program within 14 days of your purchase:
1. Check your SPAM/PROMOTIONAL folder for your login access email from
REVERSE GROUP.
2. Email our customer support team at help@reverse.health raising your
concern.
3. Our customer support team will do their best to help you but if you do
not hear from us, or do not receive your login details, within 14 days
after you sent your notification email, you may cancel your
subscription and request a full refund.
4. If you received a defective product:
1. Email our customer support team at help@reverse.health with a
screenshot or screen recording of the faulty product.
2. In the event that the Company is not able to resolve the product
defect within 14 days, you may elect to cancel your subscription and
request a refund.
5. If your refund request is approved, you will receive a refund within 10
business days as of your refund request and you will lose access to the
Paid Services. The refund will be made by the same method you used for
payment.
6. An Important Note About Credit Card Disputes: If you dispute your
purchase with your credit card provider, we will not be able to refund
your payment until the dispute is fully processed by the provider. It can
take months for a provider to resolve a dispute. Furthermore, we are
unable to reverse charges in cases closed in the merchant's favor. We
kindly request that you give us a chance to resolve any concerns directly
with you before you initiate this long and difficult process.
1. FAIR REFUND POLICY
Unclear or unfair refund policies are frustrating. We appreciate the trust
implicit in your decision to purchase our program. While we are confident
that you will love our program and want to make it a part of your life, we
also understand that there might be reasons that our program might not be a
good fit for you due to personal, medical or other unforeseen circumstances.
Our “Fair Refund Policy” allows for a full or partial refund of initial or
renewal Subscription Service payments under the following circumstances:
1. You are unable to start, or continue with, the program due to dietary or
other medical restrictions.If, following your Subscription Services
purchase or renewal, your treating physician advises in writing that your
participation in the program is medically contraindicated, you are
hospitalized for a period of more than 10 days, confined to a long-term
care facility for a period of more than 10 days, or pass away, you may be
refunded all or a portion of your Subscription Services purchase or
renewal price upon the following conditions:
1. In the event that written evidence (a signed note or email from the
user’s attending physician) of a user’s medical contraindication(s) to
participation in the program is forwarded to help@reverse.health
within 7 days of the subscription purchase or renewal, the
Subscription Services purchase or renewal will be refunded in full.
2. In the event of a user’s hospitalization for a period of more than 10
days, death and/or confinement to a long-term care facility for a
period of more than 10 days (evidenced by a signed note or email from
the user’s attending physician forwarded to help@reverse.health)
within the first 30 days of the Subscription Services or renewal
purchase, the Subscription Services or renewal purchase will be
refunded in full.
3. In the event of a user’s hospitalization for a period of more than 10
days, death and/or confinement to a long-term care facility for a
period of more than 10 days (evidenced by a signed note or email from
the user’s attending physician forwarded to help@reverse.health)
following the first 30 days of the Subscription Services purchase or
renewal period, the Subscription Services purchase or renewal will be
refunded on a pro-rated basis.
2. If, despite your good-faith efforts to follow the program, you are not
seeing desired results, we will refund your money pursuant to our Weight
Loss Results Guarantee. Our program is designed to help you meet your
goals. However, we know how difficult it can be to find the time, energy,
and motivation to make a change in your life.If your good faith efforts
(defined below) to follow the program do not produce desired results,
your Subscription Services purchase will be refunded in full upon the
following proof, terms and conditions:
1. Good Faith Efforts to follow the program shall be defined as, for a
period of 14 consecutive days at any time during the 30 days following
your initial Subscription Services Purchase, a) preparing and
consuming meals as provided for within your Meal Plan; b) maintaining
daily food logs as provided for within your program; c) daily tracking
of steps as provided for within your program; d) engaging in daily
workouts as provided for within your program and e) engaging with our
Exclusive Members Facebook Group.
2. Proof of Good Faith Efforts to follow the program shall be defined as
a) a photo of at least 1 meal per day from your Meal Plan for 14
consecutive days (or at least 1 meal per day from your Personal Choice
of Food in accordance with the program + screenshots of your food logs
for the aforementioned number of days) AND b) screenshots of the
tracker showing your daily steps for the 14 consecutive days AND c)
screenshots of the tracker showing that you have done any workout from
the app at least 14 days AND d) a screenshot of your engagement in our
Exclusive Members Facebook Group.
3. If, within 35 days of your Subscription Services purchase, you advise
that you are not seeing desired results from the program, and forward
Proof of Good Faith Efforts as defined herein to help@reverse.health,
your Subscription Services purchase will be refunded in full.
4. Please note that, only complete fulfillment of the above conditions
entitles you to your full refund under the Fair Refund Policy. This
Fair Refund Policy only applies to your subscription to the program
and does not apply to other in-app purchases of goods and supplements.
If you do not meet the aforementioned conditions, you may still Cancel
your subscription in accordance with our Cancellation and Refund
Policy.
3. You have extenuating circumstances or other concerns. In the event that
you have extenuating circumstances or other concerns that don’t fit
squarely within Paragraphs 9 and 10(a-b), please reach us out to
help@reverse.health and we will work with you in good faith to come to a
fair resolution which may include, at our sole discretion, a full or
partial refund.
4. If your request for a full refund is approved, you will receive a refund
within 10 business days of your refund request and you will lose access
to the Paid Services. If your request for a partial refund is approved,
you will receive a refund within 10 business days of your refund request
and your access to the Paid Services will continue for the remaining
period(s) of your Subscription. The refund will be made by the same
method you used for payment.
5. An Important Note About Credit Card Disputes: If you dispute your
purchase with your credit card provider, we will not be able to refund
your payment until the dispute is fully processed by the provider. It can
take months for a provider to resolve a dispute. Furthermore, we are
unable to reverse charges in cases closed in the merchant's favor. We
kindly request that you reach us out to help@reverse.health and give us a
chance to resolve any concerns directly with you before you initiate this
long and difficult process.
1. DORMANT ACCOUNTS
Without prejudice to your request on the contrary and relevant data and
privacy laws, if we detect no activity in your account and this inactivity
continues for 7 years, we may delete your account.
1. PROPRIETARY RESTRICTIONS AND INTELLECTUAL PROPERTY
1. The Platform, including its general layout, look and feel, design,
information, content, including, without limitation, personalized
programs, all source codes, databases, functionality, software, audio,
video, text, photographs, and graphics on the Platform (the “Content”)
and the trademarks and logos contained therein and other materials
available thereon, unless otherwise indicated, is exclusively owned by
Reverse Group and protected by copyright, trademark, and other
intellectual property laws.
2. The Platform, the Content, trademarks, and logos are provided on the
Platform “AS IS” for your information and personal use only. Except as
expressly provided in the Terms of Service, no part of the Platform and
no Content, trademarks or logos may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written
permission.
3. Access to Paid Services is limited to the authorized users. Authorized
users are granted a limited license to access and use the Platform for
personal and non-commercial use.
4. Users have no right, and specifically agree not to do the following with
respect to the Platform or any part, component, or extension of the
Platform:
1. reverse assemble, decompile, reverse engineer, or otherwise attempt
to derive its source code, underlying ideas, algorithms, structure or
organization;
2. remove any copyright notice, identification, or any other proprietary
notice;
3. use automation software (bots), hacks, modifications (mods) or any
other unauthorized third-party software designed to modify the
Platform;
4. attempt to gain unauthorized access to, interfere with, damage, or
disrupt the Platform or the computer systems or networks connected to
the Platform;
5. circumvent, remove, alter, deactivate, degrade or thwart any
technological measure or content protections of the Platform;
6. use any robot, spider, crawlers or other automatic device, process,
software or queries that intercept, “mines,” scrapes or otherwise
accesses the Platform to monitor, extract, copy or collect
information or data from or through the Platform, or engage in any
manual process to do the same;
7. introduce any viruses, trojan horses, worms, logic bombs or other
materials that are malicious or technologically harmful into our
systems;
8. copy, reproduce or use without our express consent any or all parts
of the personalized weight loss coaching program or personalized meal
plans;
9. copy, reproduce or use without our express consent any or all parts
of the personalized weight loss coaching program or personalized meal
plans;
10. use the Platform in any manner that could damage, disable,
overburden, or impair the Platform, or interfere with any other
users’ enjoyment of the Platform; or
11. access or use the Platform in any way not expressly permitted by
these Terms of Service.
12. Users also agree not to permit or authorize anyone else to do any of
the foregoing.
1. REVIEWS
1. We reserve the right to remove any and all reviews that, in our sole
discretion and determination:
1. could be considered in any way illegal or fraudulent;
2. could be considered in any way inappropriate or offensive;
3. could be considered in any way spam, nonsense, violent or deceptive;
4. infringe our or third party’s private and/or confidential information;
5. infringe or violate any copyright, trademark or any other intellectual
property, proprietary or privacy, data protection or publicity rights
of us or any third party;
6. violate any applicable local or international laws, regulations, and
conventions; or
7. violate any of our or third party’s policies and/or terms of service.
2. Any reviews, suggestions, comments, or other feedback relating to the
services offered through the Platform (whether existing, suggested or
contemplated) that a user provides, which is or may be subject to any
Intellectual Property rights (the “Feedback”), shall be exclusively owned
by Reverse Group.
3. By providing such Feedback to Reverse Group, you acknowledge and agree
that it may be used by Reverse Group to:
1. further develop, customize, and improve Reverse Group’s services;
2. provide ongoing assistance and technical support;
3. contact you with general or personalized notices and/or interview
requests based on your Feedback;
4. facilitate, sponsor, and offer certain promotions, and monitor
performance;
5. create aggregated statistical data and other aggregated and/or
inferred information, which Reverse Grp may use to provide and improve
its services;
6. enhance Reverse Group’s data security and fraud prevention
capabilities; and
7. comply with any applicable laws and regulations.
4. You represent and warrant that your Feedback is accurate, complete, and
does not infringe any third-party rights.
1. DISPUTES AMONG USERS
Users must try and settle conflicts amongst themselves. Reverse Group will
not interfere with, and assumes no liability or responsibility for,
conflicts or disputes between its users.
1. DISCLAIMER OF WARRANTIES
1. Your use of the Platform, its content and any services or items obtained
through the Platform is at your own risk. The Platform, its content and
any services or items obtained through the Platform are provided on an
"AS IS" and "AS AVAILABLE" basis, without any warranties of any kind,
either express or implied. Neither the Company nor any person associated
with the Company makes any warranty or representation with respect to the
completeness, security, reliability, quality, accuracy or availability of
the Platform or its contents.
2. NO MEDICAL ADVICE. BEFORE TRYING THE PERSONALIZED COACHING PROGRAM OR ANY
OF THE MEAL PLANS YOU MUST CONSULT WITH YOUR DOCTOR. NOTHING ON THIS
PLATFORM IS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH
PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT
BECAUSE OF ANYTHING ON THIS PLATFORM. IF YOU THINK YOU MAY HAVE A MEDICAL
EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL
EMERGENCY SERVICES AT YOUR COUNTRY OF RESIDENCE IMMEDIATELY. WE DO NOT
RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS,
PROCEDURES, OR OPINIONS. RELIANCE ON ANY INFORMATION ON THIS PLATFORM IS
SOLELY AT YOUR OWN RISK.
3. This Platform includes interactive features that allow users to
communicate with us and each other. You agree that, because of the
limited nature of such communication, any guidance you may receive can be
incomplete and may even be misleading. Therefore, any assistance you may
receive using any our Platform’s interactive features does not constitute
specific advice and should not be relied upon without further competent
independent confirmation.
4. Do not use the Platform in any manner that distracts you from driving or
is illegal. We shall not be liable for your compliance with traffic laws.
5. The foregoing shall not be deemed to limit or exclude any warranties
which cannot be excluded or limited under applicable law.
1. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE PLATFORM;
2. THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PLATFORM OR ANY WEBSITES
OR OTHER RESOURCES LINKED TO THE PLATFORM;
3. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
PLATFORM;
4. UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA;
5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM OR
6. ANY OTHER MATTER RELATING TO OUR PLATFORM.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING OUR PLATFORM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR
PLATFORM, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS PLATFORM. IF ANY PORTION
OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, OUR LIABILITY SHALL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO LIMIT OR EXCLUDE ANY
LIABILITY WHICH CANNOT BE SO EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
1. INDEMNITY
You will indemnify, defend, and hold harmless Reverse Group, and our
respective directors, officers, employees, representatives, and agents from
any and all claims, actions, suits, proceedings, damages, liabilities,
costs, losses, and expenses (including attorneys’ fees) relating to or
arising out of a) any user content you post; b) any contractual, or
commercial relationship with another user; c) any posting(s) or
communication(s) by you which violate applicable law(s) or otherwise
infringe(s) upon the intellectual property or other rights of any third
party.
1. CONSUMER PROTECTION LAWS
Where any consumer protection legislation in your jurisdiction applies and
cannot be excluded, these Terms of Service will not limit your legal rights
and remedies under that legislation. These Terms of Service will be read
subject to the mandatory provisions of the legislation will apply.
1. LINKS TO OTHER WEBSITES
Our Platform may contain links to third party websites or services that we
do not own or control. We are not responsible for the content, policies, or
practices of any third-party websites or services linked to on our Platform.
It is your responsibility to read the terms of service and privacy policies
of these third-party websites before using these websites.
1. APPLE APP STORE
1. By downloading the Application from a device made by Apple, Inc.
(“Apple”) or from Apple’s App Store, you specifically acknowledge and
agree that:
1. Apple is not a party to these Terms of Service. Apple is not
responsible for the Application or the content thereof and has no
obligation whatsoever to furnish any maintenance or support services
with respect to the Application.
2. The license granted to you hereunder is limited to a personal,
limited, non-exclusive, non-transferable right to install the Platform
on the Apple device(s) authorized by Apple that you own or control for
personal, non-commercial use, subject to the Usage Rules set forth in
Apple’s App Store Terms of Services.
3. In the event of any failure of the Application to conform to any
applicable warranty, you may notify Apple, and Apple will refund the
purchase price for the Application, if any, to you. To the maximum
extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Application.
4. Apple is not responsible for addressing any claims by you or a third
party relating to the Application or your possession or use of the
Application, including without limitation (a) product liability
claims; (b) any claim that the Application fails to conform to any
applicable legal or regulatory requirement; and (c) claims arising
under consumer protection or similar legislation.
5. In the event of any third-party claim that the Application or your
possession and use of the Application infringes such third party’s
intellectual property rights, Apple is not responsible for the
investigation, defense, settlement or discharge of such intellectual
property infringement claim.
6. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited
or restricted parties.
7. Apple and its subsidiaries are third party beneficiaries of these
Terms of Service and upon your acceptance of the Terms of Service,
Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms of Service against you as a third party
beneficiary hereof.
1. GOOGLE PLAY
By downloading the Platform from Google Play (or its successors) operated by
Google, Inc. or one of its affiliates (“Google”), you specifically
acknowledge and agree that to the extent of any conflict between (a) the
Google Play Terms of Services and the Google Play Business and Program
Policies or such other terms which Google designates as default end user
license terms for Google Play (all of which together are referred to as the
“Google Play Terms”), and (b) these Terms of Service, the Google Play Terms
shall apply with respect to your use of the Application that you download
from Google Play, and you hereby acknowledge that Google does not have any
responsibility or liability related to compliance or non-compliance by us or
you (or any other user) under these Terms of Service or the Google Play
Terms.
1. ACCESS OF THE PLATFORM OUTSIDE THE USA
Reverse Group makes no representations that the Platform is appropriate or
available for use outside of the United States of America (“USA”). User
acknowledges and agrees that he/she is not subject to the laws or
regulations of any jurisdiction outside the USA including, without
limitation, the European Union’s General Data Protection Regulation (GDPR).
Users who access or use the Platform from other jurisdictions do so at their
own risk and are entirely responsible for compliance with all applicable
foreign, state, and local laws and regulations.
1. INTERPRETATION
Headings are inserted for the convenience of the parties only and are not to
be considered when interpreting the Terms of Service. Words imparting the
singular number shall include the plural and vice versa.
1. FORCE MAJEURE
Neither Reverse Group nor the users are liable for any failure or delay in
performing their obligations where such failure or delay results from any
cause that is beyond the reasonable control of that party; unless, the
parties are aware of the existence of such a cause or it is reasonably
foreseeable that such a cause might occur in the future in such an extent
that it might affect the performance the parties’ obligations. Such causes
include, but are not limited to industrial action, civil unrest, fire,
flood, storms, earthquakes, acts of terrorism, acts of war, global or
regional pandemics, governmental action, or any other event that is beyond
the control of the party in question. If the delay continues for a period of
90 days, either of the parties may terminate or cancel the services to be
carried out under these Terms of Service.
1. WAIVER
Our failure to exercise any of our rights under these Terms of Service shall
not be considered a waiver to exercise them in other instances. No waiver
shall be effective unless it is in writing signed by us.
1. SEVERABILITY
If any time any of the provisions set forth in these Terms of Service are
found to be inconsistent or invalid under applicable laws, those provisions
will be deemed void and will be removed from these Terms of Service. All
other provisions will not be affected by the removal and the rest of these
Terms of Service will still be considered valid.
1. CHANGES
We reserve the right, in our sole discretion, to change, modify, add or
remove portions of these Terms & Conditions at any time. You should check
these Terms & Conditions periodically for changes. By using the Platform
after we post any changes to these Terms & Conditions, you agree to accept
those changes, whether or not you have reviewed them. If you do not agree to
these Terms & Conditions, you should discontinue use of the Platform.
1. COMMUNICATIONS
You agree that we can communicate with you electronically, via SMS, push
notifications, email or phone calls. All electronic communications shall
have the same legal force as if they were in paper form.
By your utilization of the platform, you expressly acknowledge that you, the
Company and its affiliates have an established business relationship that
shall be deemed to exist during the period of your subscription and for a
period of not less than 5 years from the discontinuance of your Subscription
Services.
Your utilization of the Platform constitutes your express consent to your
receipt of electronic communications, including, without limitation,
communications utilizing automatic dialing or texting services, from the
Company and its affiliates. Said consent shall be irrevocable for the
duration of your Subscription term and, in the absence of your written
revocation (sent to help@reverse.health, shall remain in full force and
effect indefinitely following the end of your Subscription term.
1. ASSIGNMENT
We have the right, at our sole discretion, to assign or subcontract our
rights or obligations outlined in these Terms of Service.
1. APPLICABLE LAW
This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Delaware. Notwithstanding the foregoing, the parties
hereby expressly agree that, to the fullest extent permitted by applicable
law, any claim(s) between the parties, or any principal, executive,
affiliate or agent of the parties, whether based in contract, tort, statute,
or any other basis for legal liability, shall be deemed time-barred if not
brought within one (1) year of the accrual of the applicable cause of
action.
1. CLASS ACTION WAIVER
USER, COMPANY AND AFFILIATES HEREBY WAIVE, WITH RESPECT TO ANY DISPUTE: (I)
THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION
OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS
REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE
CLAIMS WITH CLAIMS OF ANY OTHER PERSON. The foregoing waiver is referred to
herein as the “class action waiver”. The Company, its affiliates and User
further agree that no arbitrator shall have authority to conduct any
arbitration in violation of the class action waiver or to issue any relief
that applies to any person or entity other than the User and/or the Company
and its Affiliates. The parties acknowledge that this class action waiver is
material and essential to the arbitration of any claims and is non-severable
from the below Dispute Resolution section. If the class action waiver is
voided, found unenforceable, or limited with respect to any claim for which
the User seeks class-wide relief, then the below Dispute Resolution section
shall be null and void with respect to such claim, subject to the right to
appeal the limitation or invalidation of the class action waiver. However,
the Dispute Resolution section shall remain valid with respect to all other
claims and Disputes. The parties acknowledge and agree that under no
circumstances will a class action be arbitrated.
1. DISPUTE RESOLUTION
The parties shall exercise their best efforts to resolve by negotiation all
disputes, controversies, or differences between them. In the absence of an
explicit written agreement to the contrary, all disputes between the
parties, or any principal, executive, affiliate or agent of the parties,
whether based in contract, tort, statute, or any other basis for legal
liability, shall be resolved as follows:
1. In the event that the parties are not able to resolve by negotiation
their disputes, controversies or differences, the aggrieved party shall
provide written notice to the other party (“Receiving party”) of its
intent to initiate arbitration as provided for herein. Said notice,
hereinafter referred to as a “Notice of Intent to Commence Arbitration”
shall include a) a brief description of the aggrieved party’s claim or
dispute and, if applicable b) a specified claim for money damages.
2. Absent an express, written direction to the contrary by the receiving
party, said notice(s) to the Company shall be forwarded to
help@reverse.health and said notice(s) to the User shall be forwarded to
the email address provided by the User to the Company.
3. The Receiving Party shall, within fifteen (15) days of their receipt of a
Notice of Intent to Commence Arbitration, respond to the aggrieved party.
Said response shall include either a) an acceptance of the aggrieved
party’s demand OR a counterproposal for resolution of the dispute.
4. In the event that the Receiving Party does not agree to the Aggrieved
Party’s demand, or fails to respond to the Aggrieved Party’s Notice of
Intent to Commence Arbitration within fifteen (15) days of their receipt
of same, the aggrieved party may submit their claim for adjudication by
the American Arbitration Association (“AAA”) as follows:
1. If and to the extent applicable, the claim shall be subject to the
Consumer Rules and Procedures of the AAA (adr.org/consumer).
2. Pursuant to the AAA Consumer Rules (R-9), if a party’s claim is within
the jurisdiction of a small claims court, either party may choose to
take the claim to that court instead of arbitration.
3. Absent a finding of potential prejudice by the arbitral tribunal, the
matter shall be adjudicated by way of a desk decision and/or remote
appearances. In the event that in-person hearings are required, the
locale determination will be made after considering the positions of
the parties, the circumstances of the parties and the dispute, and the
Consumer Due Process Protocol.
4. The arbitral award shall be final and binding upon both parties.
5. All aspects of the arbitration shall be confidential, and the parties
and the arbitrator shall not disclose to others, or permit disclosure
of, any information related to the proceedings, including but not
limited to discovery, testimony and other evidence, briefs and the
award.
6. Absent a finding that a party's breach of this Agreement was willful
or a result of gross negligence, the arbitrator shall not award
attorney’s fees, indirect, special, consequential, incidental or
exemplary damages.
7. Notwithstanding the forgoing, the Arbitrator shall award attorney’s
fees and costs against a party found to have brought any claim (or
counterclaim) that is found to be frivolous or wholly without merit.
8. Also notwithstanding the forgoing, the arbitrator shall award
attorney’s fees, filing fees, costs and actual damages a) incurred by
a party required to answer or litigate a claim within an alternate
court or tribunal where it is ultimately determined that such claim(s)
come within this scope of this arbitration provision OR b) where the
filing party failed to comply with their obligation to provide a
timely Notice of Intent to Commence Arbitration as outlined herein.
1. CONTACT US
Please address your questions and feedback to: help@reverse.health
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