Terms and Conditions of Use
This Service includes subscriptions that automatically renew. Please read these Terms and Conditions of Use (the "Terms") carefully (in particular, Section 7 "Subscription Fees and Payment") before starting a trial or completing a purchase for our app's auto-renewing subscription service. To avoid being charged you must affirmatively cancel your subscription at least 24 hours before the end of the trial or then-current subscription period. When purchasing a subscription that automatically renews, you agree to its auto-renewal nature and to its terms defined near the point of purchase and acknowledge that to avoid charges you would need to affirmatively cancel it.
Depending on where you have purchased your subscription, if you are unsure how to cancel a subscription or a trial, please visit the Apple support website, Google Play help (or any other app stores support pages), or our websites. Deleting the app does not cancel your subscriptions and trials. We also aim to provide information about our subscription policies at or near the point of purchase. Please review these policies prior to making purchases. You may wish to make a print screen of this information for your reference.
Our privacy practices are in detail described in our Privacy Policy. Please acknowledge yourself with its contents to understand how your personal information is collected, used, and shared.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS APPELLATE REVIEW THAN IN COURT. EXCEPT AS SPECIFIED BELOW IN SECTION 14, UNLESS YOU OPT OUT WITHIN 30 DAYS OF FIRST USE OF OUR SERVICE AS PROVIDED FOR IN SECTION 14, ARBITRATION IS THE EXCLUSIVE VENUE FOR ANY AND ALL DISPUTES AND IS MANDATORY.
FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS IN (SECTION 2), CLASS ACTION WAIVER (SECTION 14), DISCLAIMERS OF WARRANTIES (SECTION 12) AND LIMITATION OF LIABILITY (SECTION 13).
Contents:
1. ACCEPTANCE OF TERMS
1.1 The provisions of these "Terms" govern the relationship between you and Reaction Wellness Ltd. (Reg. No. 516079506) with registered office at Sapir 7, Herzeliya, Israel and/or its affiliates ("we", "us", "our" or the "Company") regarding your use of the Company's mobile applications, websites, and related services (the "App" or "Service"), including all information, text, graphics, software, and services available for your use (the "Content").
1.2 These Terms establish a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3 You must accept these Terms to create a MoveTogether account and to access or use the Service. If you do not have an account, you accept these Terms by using any part of the Service. If you do not accept these Terms, do not create an account or use the Service.
1.4 Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
1.5 To the extent permitted by applicable law, we may change, modify, supplement, or remove portions of these Terms from time to time in our sole discretion or, where required by applicable law, upon notice to you.
1.6 If any changes to these Terms may affect your use of the Service or your legal rights as a user of our Service, we will strive to notify you before the update's effective date by sending an email to the email address connected with your account or by other convenient means. Such updates will be effective no less than 14 days from the date of notification unless applicable laws mandate a longer notice period.
1.7 Any other changes will be notified to you only by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change.
1.8 If you don't agree to the revisions, please stop using the Service, delete your account, or cancel your subscription before the effective date of the Terms. By continuing to use or access the Service after the updates come into effect, you agree to be bound by the revised Terms.
1.9 IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICE.
2. IMPORTANT DISCLAIMERS
Our top priority is ensuring your well-being as you strive towards your fitness and wellness objectives. We urge you to exercise responsibility and employ your best judgment and common sense when utilizing our Service.
2.1 Not Medical Advice
2.1.1 THE COMPANY DOES NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY COUNSELING, TESTING, EVALUATION, PRESCRIPTION, PROCEDURE, OR THERAPY RELATED TO EXERCISE, NUTRITION, WEIGHT LOSS OR WELLNESS, MENTAL HEALTH, OR RELATED TO THE AVOIDANCE, PREVENTION, DIAGNOSIS, OR TREATMENT OF ANY INJURY, ILLNESS, DISEASE, OR CONDITION (COLLECTIVELY, "HEALTHCARE SERVICES").
2.1.2 THE SERVICE MAY NOT BE APPROPRIATE FOR ALL PERSONS (INCLUDING ANY RECOMMENDATIONS AND ANY INFORMATION AVAILABLE THROUGH THE SERVICES THAT MAY APPEAR TO BE PERSONALIZED) AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE SERVICES. THE SERVICE IS INTENDED ONLY AS A TOOL, WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL HEALTH, FITNESS, AND WELLNESS GOALS. YOU ACKNOWLEDGE THAT YOUR DIET AND EXERCISE ACTIVITIES INVOLVE RISKS, WHICH MAY INVOLVE RISK OF BODILY INJURY OR DEATH, AND THAT YOU ASSUME THOSE RISKS. BEFORE ACCESSING OR USING THE SERVICE, YOU AGREE TO RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL ACTION, KNOWN OR UNKNOWN, ARISING OUT OF YOUR USE OF THE SERVICE.
2.1.3 YOU SHOULD CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL TO DETERMINE WHETHER THE SERVICE WOULD BE SAFE AND EFFECTIVE FOR YOU. YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE AGAINST MEDICAL ADVICE OR IF DOING SO MIGHT POSE ANY HEALTH RISK. IN THIS CONTEXT, YOU ACKNOWLEDGE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE, AND WELL-BEING.
2.1.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICE. ALL CONTENT PROVIDED THROUGH THE SERVICE, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (I) THE ADVICE OF YOUR PHYSICIAN OR OTHER PROFESSIONALS, (II) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS, OR (III) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
2.1.5 YOUR USE OF THE SERVICE DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
2.2 Accuracy
2.2.1 THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT EXERCISES, STEP COUNTS, CALORIE CALCULATIONS, OR OTHER CONTENT ON THE SERVICE. THE DATA COLLECTED AND PRESENTED THROUGH THE SERVICE IS INTENDED TO REPRESENT YOUR ACTIVITY. IT IS NOT INTENDED TO MATCH THE ACCURACY OF MEDICAL DEVICES OR SCIENTIFIC MEASUREMENT DEVICES.
2.2.2 It's important to note that we don't assume any responsibility for the accuracy, reliability, availability, effectiveness, or proper use of the information you receive from the Service or any connected health tracking devices.
2.3 Personalization
WE MAY CUSTOMIZE AND TAILOR THE PLANS AND GOALS WE OFFER TO YOU BASED ON INFORMATION OBTAINED DURING THE ONBOARDING PROCESS. WHILE WE MAKE EVERY EFFORT TO MEET YOUR INDIVIDUAL FITNESS AND WELLNESS OBJECTIVES, WE MAKE NO GUARANTEES THAT OUR PERSONALIZED PLANS ARE DESIGNED UNIQUELY FOR YOU. PERSONALIZED RECOMMENDATIONS ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE AND SHOULD BE USED AT YOUR OWN DISCRETION.
2.4 Individual Results
2.4.1 WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL. THE TESTIMONIALS AND EXAMPLES THAT MAY BE PROVIDED ON THE SERVICE ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO AN AVERAGE PERSON (UNLESS OTHERWISE SPECIFIED), AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. THERE IS NO ASSURANCE THAT EXAMPLES OF PAST FITNESS RESULTS CAN BE DUPLICATED IN THE FUTURE. WE CANNOT GUARANTEE YOUR FUTURE RESULTS AND/OR SUCCESS. NOR CAN WE GUARANTEE THAT YOU MAINTAIN THE RESULTS YOU EXPERIENCE IF YOU DO NOT CONTINUE FOLLOWING OUR PROGRAMS.
2.4.2 EACH INDIVIDUAL'S HEALTH, FITNESS, AND WEIGHT LOSS SUCCESS DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. THE USE OF THE SERVICE SHOULD BE BASED ON YOUR OWN DUE DILIGENCE AND YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR PHYSIQUE OR HEALTH THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE AND USE OF THE SERVICE.
3. PROFILE REGISTRATION
3.1 In order to use certain features of the Service, you may need to register your profile ("Profile") and provide certain information about yourself as prompted by the registration form.
3.2 If you register a Profile, you represent and warrant to the Company that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation or these Terms. Otherwise, the Service may not operate correctly, and we may not be able to contact you with important notices.
3.3 The Service is not intended to be used by individuals under the age of 18. By using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by all of its terms and conditions.
3.4 The Company reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
3.5 You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. SERVICE
4.1 You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including the App and the Content and excluding any User Content) is proprietary to us or to third parties.
4.2 The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
4.3 Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install and use the App solely on your own handheld mobile device and solely for your personal, non-commercial purposes.
4.4 You agree, represent, and warrant that your use of the Service, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
4.5 You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.6 We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. The Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Service. If such changes affect your use of the Service, you may delete your account or cancel your subscription at any time.
4.7 Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.
4.8 The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company's sole discretion.
5. HEALTH DATA INTEGRATION
5.1 The Service may integrate with Apple HealthKit, Google Fit, Health Connect, or other health data platforms ("Health Platforms") to collect and display your step count, activity data, and other health-related information.
5.2 By connecting your Health Platform account to the Service, you authorize us to access and use your health data as described in our Privacy Policy. You can disconnect Health Platform integration at any time through your device settings.
5.3 THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF DATA PROVIDED BY HEALTH PLATFORMS OR CONNECTED DEVICES. Step counts, distance, calories burned, and other metrics are estimates and may vary from actual values.
5.4 We do not sell, share for advertising purposes, or use your health data for any purpose other than providing and improving the Service, as described in our Privacy Policy.
6. APP STORES, THIRD-PARTY SERVICES, OTHER USERS
6.1 You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store and/or Google Play Store (collectively, "App Stores" and each, an "App Store").
6.2 You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce these Terms.
6.3 The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under the control of the Company and the Company is not responsible for any Third-Party Ads. The Company provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Ads. When you link to a third-party site, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.4 Each user of the Service is solely responsible for any and all of his or her User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions.
6.5 You hereby release us, our officers, employees, agents, and successors from claims, demands, and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third-Party Ads.
7. SUBSCRIPTION FEES AND PAYMENT
7.1 Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company or through an App Store either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) prepayment giving you access to the Service for a specific time period (together or separately "Purchase").
7.2 To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will notify you of any such pricing changes by posting the new prices on or through the App, by sending you an email notification, or in other prominent ways, and such updates will become effective as specified in the notification. If you do not wish to pay the new fees, you can cancel the applicable subscription.
7.3 You authorize us and the App Stores to charge the applicable fees to the payment card that you submit.
7.4 Automatically Renewing Subscriptions. By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
7.5 Subscription Cancellation. You must cancel your subscription in accordance with the cancellation procedures disclosed to you in our Subscription Terms. Deleting the app does not cancel your subscription.
7.6 Subscription Trials. We may offer a free or paid trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the trial period, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the subscription trial, or any of these terms without notice and with no liability.
7.7 No Refunds on Subscriptions. Subject to our Money-Back Policy and applicable law, you agree that the Purchase is final, that the Company will not refund any transaction once it has been made, and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding the foregoing, the Company will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of applicable law.
7.8 Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds for App Store purchases. You will have to contact App Store support.
7.9 The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
8. POINTS AND REWARDS
8.1 Earning Points. You earn points by achieving daily walking goals, participating in in-app challenges, and other activities as defined within the Service. Point-earning rules and thresholds are published in the app and may change at any time without notice.
8.2 Redemption. Points may be redeemed for third-party gift cards or charitable donations ("Rewards"). Redemption options, point costs, and delivery timelines are displayed in the Rewards section of the app.
8.3 Monthly Limit. You may redeem a maximum of one Reward (gift card or donation) per calendar month.
8.4 Fair Use & Fraud Prevention. If we determine, in our sole discretion, that points have been earned unfairly (e.g., by automation, tampering, fraudulent activity, or other abuse), we may: (i) withhold fulfillment of the Reward; (ii) revoke the points in question; and/or (iii) suspend or terminate your account without refund.
8.5 No Cash Value. Points have no cash value and cannot be transferred, sold, or exchanged for cash. Points expire upon termination of your account or subscription.
8.6 Third-Party Fulfillment. Rewards are provided by third-party vendors. If a selected Reward cannot be delivered, we will either: (i) offer you an alternative Reward of equal value; or (ii) refund the points for that Reward back to your account. The Company is not responsible for third-party vendor actions, policies, or fulfillment failures.
8.7 Program Changes. We reserve the right to modify, suspend, or terminate the points and rewards program at any time, with or without notice. Any points accumulated may be forfeited upon such termination.
9. USER-GENERATED CONTENT
9.1 Grant of License. You hereby grant the Company, its sublicensees, successors, and assigns a royalty-free, perpetual, sublicensable, assignable, non-exclusive right and license to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, communicate to the public, perform, display, and otherwise use any User Content (in whole or in part) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks, and other intellectual and proprietary rights that may exist in such User Content.
9.2 The license granted herein explicitly excludes any personal data as defined under applicable privacy laws and regulations.
9.3 You hereby represent and warrant that you own all rights, title, and interest in and to User Content or are otherwise authorized to grant the rights provided to the Company under this section. You also warrant that any third-party holder of any rights in such User Content has completely and effectively waived all such rights and validly granted to you the right to grant the license stated above.
9.4 We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur if Content you post or transmit to our Services is removed.
9.5 We reserve the right to remove or refuse to display any User Content that, in our judgment, violates these Terms, is objectionable, or may expose the Company to legal liability.
10. USER REPRESENTATIONS AND RESTRICTIONS
10.1 By using the Service, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms;
- You are not under the age of 18;
- You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Service for any illegal or unauthorized purpose;
- 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;
- You are not listed on any U.S. government list of prohibited or restricted parties; and
- Your use of the Service will not violate any applicable law or regulation.
10.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service.
10.3 As a user of the Service, you agree not to:
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Service;
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service;
- Use the Service for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
- Use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service;
- Circumvent, disable, or otherwise interfere with security-related features of the Service;
- Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
- Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service;
- Upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Use any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service;
- Submit fraudulent, inaccurate, or manipulated activity or step data;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
- Use the Service in a manner inconsistent with any applicable laws or regulations; or
- Otherwise infringe these Terms.
10.4 When interacting with our customer care representatives, we ask that you maintain a respectful and kind demeanor. Should your conduct towards any of our customer care representatives or other employees be perceived as threatening, harassing, or offensive at any point, we retain the authority to terminate your account with immediate effect.
11. INTELLECTUAL PROPERTY
11.1 Our Rights. All trademarks, logos, trade dress, service marks, and proprietary content in the Service (excluding User Content), including but not limited to "MoveTogether," "Move Club," and "Reaction Club," are owned by Reaction Wellness Ltd. or its licensors and are protected by copyright, trademark, and other intellectual property laws.
11.2 Limited License. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal, non-commercial purposes.
11.3 Reservation of Rights. All rights not expressly granted are reserved. Nothing in these Terms grants you any right to use our trademarks, logos, domain names, or other distinctive brand features.
11.4 Feedback. If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate without any obligation or compensation to you.
12. DISCLAIMER OF WARRANTIES
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 In particular, the Company makes no warranty that:
- The Service will meet your requirements;
- The Service will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Service, including data, will be accurate or reliable;
- The quality of any data or service available on the Service will meet your expectations; and
- Any errors in the Service will be corrected.
12.3 Any material obtained through the use of the Service is accessed at your discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the use of any such material.
12.4 We cannot guarantee and do not promise any specific results from the use of the App and/or the Service.
12.5 Any statement that may be posted on the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.
13. LIMITATION OF LIABILITY
13.1 IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE APP OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
13.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, CONTENT, OR SERVICE, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
13.3 IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
13.4 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 AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
THIS SECTION 14 SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY TO UNDERSTAND YOUR RIGHTS. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US:
- All claims must be resolved through binding arbitration by a neutral arbitrator;
- You are waiving the right to a trial by jury;
- The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist;
- You may only bring a claim in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding;
- The arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
14.1 Applicability of Arbitration Agreement
This Arbitration Agreement governs any dispute between you and the Company (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"), except claims that can be brought in small claims court if your claims qualify within the scope of that court's jurisdiction.
Opt-Out Right: You will have the right to litigate any Dispute if you opt out of this arbitration and class action waiver provisions by sending electronic notice of your decision to opt-out to hello@reaction-club.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within 30 days of (a) the effective date of these Terms; or (b) your first date that you used the Service, whichever is later. If you opt out, the Company also will not be bound by it. If you don't exercise the right to opt-out, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except claims that can be brought in small claims court.
14.2 Initial Dispute Resolution
We are always interested in resolving disputes amicably and efficiently. Before either party demands arbitration, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at hello@reaction-club.com and provide a brief, written description of the dispute and your contact information. Engaging in informal dispute resolution is a condition precedent that must be fulfilled before commencing arbitration.
14.3 Mandatory Arbitration
YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND AGREE TO HAVE OUR DISPUTES FINALLY SETTLED BY BINDING ARBITRATION before one arbitrator administered by JAMS (Judicial Arbitration and Mediation Services, Inc.). Disputes involving claims and counterclaims under USD 250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures available at www.jamsadr.com/rules-streamlined-arbitration; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures.
14.4 Waiver of Class Action and Collective Relief
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS OF THE SERVICES, OR ANY OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES.
14.5 Arbitration Procedures
Seat of Arbitration: The seat of arbitration shall be Delaware, U.S.
Choice of Law: The governing law applicable to the arbitration agreement and the arbitration shall be Delaware law, consistent with the Federal Arbitration Act and applicable statutes of limitations.
Language: The language of the arbitration shall be English.
Fees: If you are a consumer and you initiate arbitration against us, the only filing fee you will be required to pay is USD 250 and the rest of the filing fees (if any) shall be borne by us. If the arbitrator finds the arbitration initiated by you to be non-frivolous, we will cover all other arbitration costs, including case management fees and all professional fees for the arbitrator's services (but not your attorneys' fees, if any).
Hearings: The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.
Award: The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
14.6 Severability
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court.
14.7 Survival
This Arbitration Agreement shall survive termination of these Terms.
15. INDEMNITY
15.1 You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your User Content, (iii) your violation of these Terms, or (iv) your infringement of any third-party rights.
15.2 The Company reserves 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 the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. INTERNATIONAL USE
16.1 The Company makes no representation that the Service is accessible, appropriate, or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and you are responsible for compliance with local laws.
17. GOVERNING LAW AND VENUE
17.1 These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
17.2 To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the state and federal courts located in Delaware to settle any disputes that may arise out of or in connection with these Terms.
17.3 The parties irrevocably submit to the personal jurisdiction and venue of such courts and waive any defenses of improper venue or forum non conveniens.
17.4 Note for EU Residents: If you are a consumer based in the EEA, the UK, or Switzerland, nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. If you have a complaint, please contact us at hello@reaction-club.com. If you feel your complaint is not adequately addressed, you may use the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/odr. You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country is in the EEA.
18. MISCELLANEOUS PROVISIONS
18.1 Waiver. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement hereof contained.
18.2 Severability. Subject to Section 14, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
18.3 Entire Agreement. Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.
18.4 Assignment. The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give the Company consent to any such assignment and transfer. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
18.5 Electronic Communications. All information communicated on the Service is considered electronic communication. When you communicate with us through or on the Service or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE", "START TRIAL", or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
18.6 Force Majeure. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company's reasonable control, including but not limited to acts of God, pandemic, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18.7 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein (e.g., App Stores).
18.8 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
18.9 Survival. The following sections shall survive termination of these Terms: Sections 2 (Important Disclaimers), 9 (User-Generated Content), 11 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Mandatory Binding Arbitration and Class Action Waiver), 15 (Indemnity), 17 (Governing Law and Venue), and 18 (Miscellaneous Provisions).
19. CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at:
General Support: hello@reaction-club.com
Privacy Inquiries: dpo@reaction-club.com
Mailing Address: Reaction Wellness Ltd., Sapir 7, Herzeliya, Israel
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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Last Updated: December 25, 2025
Reaction Wellness Ltd. (Reg. No. 516079506), Sapir 7, Herzeliya, Israel