Reverse Health - RH Meds - Terms of Service and Alternative Dispute Resolution Policy

Effective June 6th, 2024

These terms of service (“Terms of Service”) govern your access to and use of “RH Meds” on  Reverse.Health or iterations thereof, including reverse.health/tour/meds (the “Site”) and the Reverse Health Mobile Application (the “Application”). The Site and the Application are owned and operated by Reverse Health, SIA, a Latvian Limited Liability Company with Legal Address of Liepāja,Rietumkrastaiela 2 - 9, LV-3416 (“Reverse Health” 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 only to your access to, and use of, “RH Meds”  on  Reverse.Health (the “Site”) and the Reverse Health Mobile Application (the “Application”). Your use of all other Platforms which are owned or operated by the Company and its affiliates, including, without limitation, any other website or application that the Company may own or operate currently or in the future shall be governed by the Reverse Health Terms of Service published at https://reverse.health/terms-us.

  2. services

    Subject to the Terms of Service, Reverse Health 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.

  3. RH MEDS SERVICES

    Reverse Health is pleased to partner with IVIM Health to enhance our offerings and support your weight loss journey. IVIM Health is a provider of telemedicine services and employs a dedicated team of clinicians who specialize in medical treatments that complement our wellness and weight loss programs. This collaboration allows us to connect you with expert medical professionals right from our platform, ensuring you receive comprehensive care tailored to your personal health needs. Please be aware that, while we work closely with IVIM Health, they operate independently and are solely responsible for the medical services they provide.  Here’s a straightforward explanation of what this means for you:

    a)

    Reverse Health is not a healthcare provider. We do not provide medical advice or treatments. Instead, we facilitate access to independent clinicians from IVIM Health who are fully responsible for the medical services they deliver.

    b)

    Reverse Health values the independence of medical professionals. We do not employ or influence the clinicians at IVIM Health. They are entirely accountable for their medical decisions and patient care, complying with all relevant medical laws.

    c)

    Both Reverse Health and IVIM Health are committed to straightforward and lawful financial practices. We ensure all payment processes for medical services comply with state and federal regulations and avoid any prohibited fee-splitting arrangements.

    d)

    Our partnerships are structured to fully adhere to the Stark Law, ensuring that physician referrals and financial relationships are handled ethically and legally.

    e)

    We rigorously follow the Anti-Kickback Statute, ensuring that no incentives for referrals or service recommendations compromise healthcare decisions.

    f)

    Reverse Health supports your weight loss efforts through various resources but does not endorse specific medical treatments or products. Any medical treatments or products recommended by IVIM Health clinicians are prescribed based on their professional judgment.

  4. accounts

    a)

    In order to access certain sections and features of the Platform, you must first take our quiz on our Platform, register and create an account with us.

    b)

    To register for an account, you must provide us with an e-mail address.

    c)

    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.

    d)

    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.

    e)

    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.

  5. usernames and passwords

    a)

    Each person who uses the Platform must register for their own account.

    b)

    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.

    c)

    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.

    d)

    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.

  6. non-permitted usage

    a)

    As a user of our Platform, you agree to use our Platform legally, not to use our Platform for illegal purposes, and not to:

    i.

    violate the rights of other users of our Platform;

    ii.

    violate the intellectual property rights of the Platform owners or any third party to the Platform;

    iii.

    hack into the account of another user of the Platform; or

    iv.

    act in any way that could be considered illegal or fraudulent.

    b)

    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.

  7. PRICES AND OTHER FEES

    a)

    The use of certain services, such as access to personalized coaching program(s), (“Paid Services” or “Subscription Services”) are subject to payment(s) of corresponding fees  (“Fees”), as determined by Wellinda SIA at its sole discretion.

    b)

    Wellinda SIA reserves the right to change its Fees at any time.

    c)

    Prices for Paid Services will be as quoted on our Platform at the time you submit your order.

    d)

    Prices posted on the Platform are only valid at the time of purchase and do not reflect any promise or representation by Wellinda SIA with respect to future pricing.  

    e)

    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.

    f)

    If the Company 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). The Company is not responsible for any such additional fees or costs.

    g)

    As part of registering or submitting information to receive the Paid Services, you also authorize Wellinda SIA (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 Wellinda SIA 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.

  8. PURCHASES AND PAYMENTS

    a)

    You can pay your subscription Fees through PayPal, Credit Card (Mastercard, Amex, Visa, Discover) or any other payment method(s) designated by the Company.  By using our services and making payments, you acknowledge and agree that payment processing may occur in the United States or other countries. through third party intermediary entities. All payments processed by our United States Payment Processor will appear as “Reverse Health” or “Reverse Group, Inc.” on statements from your financial institution. The specific location of payment processing may vary based on a number of factors including, but not limited to, the payment method used and the location of the payment processor. If you have any questions or concerns about our payment processing practices or the security of your information, please contact us as indicated in our Privacy Policy.

    b)

    By using the Platform or engaging in any transactions with Reverse Health SIA, you acknowledge and agree that your business relationship is exclusively with Reverse Health SIA.  Any legal disputes, claims, or issues arising from our services or your subscription shall be solely between you and Reverse Health SIA. This includes disputes related to billing, payments, or any other aspect of our services. You further understand and agree that any payment processors utilized by Reverse Health SIA for processing payments from United States customers, such as 'Reverse Group, Inc.', are strictly intermediaries for payment processing purposes, are in no way involved in the provision of services, and no other parties are to be involved in any disputes or legal matters pertaining to the services provided by Reverse Health SIA.

    c)

    We will not be liable for any direct or indirect losses you suffer because of your use of third-party gateways for payment.

    d)

    If we believe your payment has violated any law or the Terms of Service, we reserve the right to cancel or reverse your transaction.

    e)

    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.

    f)

    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.

    g)

    Upon our being notified of an error with respect to pricing, we will take appropriate steps to correct the error.

    h)

    We reserve the right to refuse any order placed through the Platform at our sole discretion.

  9. subscriptions

    a)

    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.

    b)

    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.

    c)

    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.

  10. CANCELLATION AND REFUND POLICY

    a)

    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.

    Due to the personalized nature of RH Meds' products and services, subscription purchases are not eligible for refund or return. There are no exceptions to this policy. Medication costs are not included in your RH Meds subscription payment. Following the conclusion of your initial subscription purchase, your RH Meds subscription will automatically renew monthly until cancelled - irrespective of whether medication(s) are prescribed. Following the conclusion of your initial subscription term, you will be billed monthly at the renewal rate indicated at checkout. Requests to cancel renewal of your subscription must be made no less than 48hours before the end date of theactive term. You may cancel your renewal, and avoid future charges, via the "Subscription" tab in the mobile app. Questions or concerns relating to the cancellation of your subscription may be directed to the RH Meds’ support team at help@reverse.health

    b)

    Refunds may be granted only under the following circumstances:

    i.

    You did not receive access to your personalized weight loss coaching program (TOS 9(c)); or

    ii.

    You received a defective product (TOS 9(d)).

    c)

    If you did not receive access to your personalized weight loss coaching program within 14 days of your purchase:

    i.

    Check your SPAM/PROMOTIONAL folder for your login access email.

    ii.

    Email our customer support team at help@reverse.health raising your concern.

    iii.

    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.

    d)

    If you received a defective product: 

    i.

    Email our customer support team at help@reverse.health with a screenshot or screen recording of the faulty product.  

    ii.

    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.

    e)

    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.

    f)

    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.

  11.  REFUND & RETURNS POLICY

    Due to the personalized nature of RH Meds' products and services, all sales are final and not eligible for refund or return. We cannot accept returns or provide refunds for any products or services provided by RHMeds or IVIM. There are no exceptions to this policy. Issues relating to missing or damaged/defective items shipped by IVIM should be directed to IVIM’s customer support team at support@ivimhealth.com. Issues relating to the RH Meds Application or programming should be directed to RH Meds’ support team at help@reverse.health. .

  12. 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.

  13. PROPRIETARY RESTRICTIONS AND INTELLECTUAL PROPERTY 

    a)

    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 Wellinda SIA and protected by copyright, trademark, and other intellectual property laws.

    b)

    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.

    c)

    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.

    d)

    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:

    i.

    reverse assemble, decompile, reverse engineer, or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;

    ii.

    remove any copyright notice, identification, or any other proprietary notice;

    iii.

    use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Platform;

    iv.

    attempt to gain unauthorized access to, interfere with, damage, or disrupt the Platform or the computer systems or networks connected to the Platform;

    v.

    circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Platform;

    vi.

    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;

    vii.

    introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; 

    viii.

    copy, reproduce or use without our express consent any or all parts of the personalized weight loss coaching program or personalized meal plans; 

    ix.

    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

    x.

    access or use the Platform in any way not expressly permitted by these Terms of Service. 

    xi.

    Users also agree not to permit or authorize anyone else to do any of the foregoing.

  14. REVIEWS

    a)

    We reserve the right to remove any and all reviews that, in our sole discretion and determination:

    i.

    could be considered in any way illegal or fraudulent;

    ii.

    could be considered in any way inappropriate or offensive;

    iii.

    could be considered in any way spam, nonsense, violent or deceptive;

    iv.

    infringe our or third party’s private and/or confidential information;

    v.

    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; 

    vi.

    violate any applicable local or international laws, regulations, and conventions; or

    vii.

    violate any of our or third party’s policies and/or terms of service.

    b)

    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 the Company.

    c)

    By providing such Feedback to the Company, you acknowledge and agree that it may be used by the Company to:

    i.

    further develop, customize, and improve the Company’s services;

    ii.

    provide ongoing assistance and technical support;

    iii.

    contact you with general or personalized notices and/or interview requests based on your Feedback;

    iv.

    facilitate, sponsor, and offer certain promotions, and monitor performance;

    v.

    create aggregated statistical data and other aggregated and/or inferred information, which the Company may use to provide and improve its services;

    vi.

    enhance the Company's data security and fraud prevention capabilities; and

    vii.

    comply with any applicable laws and regulations.

    d)

    You represent and warrant that your Feedback is accurate, complete, and does not infringe any third-party rights.

  15. DISPUTES AMONG USERS

    Users must try and settle conflicts amongst themselves. Company will not interfere with, and assumes no liability or responsibility for, conflicts or disputes between its users.

  16. DISCLAIMER OF WARRANTIES

    a)

    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.  

    b)

    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.

    c)

    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.

    d)

    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.

    e)

    The foregoing shall not be deemed to limit or exclude any warranties which cannot be excluded or limited under applicable law.

  17. LIMITATION OF LIABILITY

    NO OTHER ENTITY OTHER THAN WELLINDA SIA SHALL IN ANY CASE BEAR ANY RESPONSIBILITY WITH RESPECT TO THE PLATFORM AND/OR SERVICES PROVIDED. ALL CLAIMS, REQUESTS AND OTHER COMMUNICATION RELATED TO THE PLATFORM MUST BE SUBMITTED DIRECTLY TO WELLINDA SIA. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO APPLICABLE LAWS FOR ANY SUCH PROHIBITIONS.  

    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:  

    (A) THE USE OR THE INABILITY TO USE THE PLATFORM; 

    (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE PLATFORM OR ANY WEBSITES OR OTHER RESOURCES LINKED TO THE PLATFORM; 

    (C) 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; 

    (D) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; 

    (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM OR 

    (F) 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.

  18. INDEMNITY

    You will indemnify, defend, and hold harmless the Company, 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.  

  19. 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.

  20. 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. When using IVIM Health services accessed through our platform, your engagement is subject to the Terms of Service as outlined by IVIM Health. Please review these terms carefully at IVIM Health Terms and Conditions to understand your rights and obligations when receiving their medical services.
    When using IVIM Health services accessed through our platform, your engagement is subject to the Terms of Service as outlined by IVIM Health. Please review these terms carefully at IVIM Health Terms and Conditions to understand your rights and obligations when receiving their medical services.

  21. APPLE APP STORE

    a)

    By downloading the Application from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

    i.

    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.

    ii.

    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.

    iii.

    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.

    iv.

    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.

    v.

    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.

    vi.

    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.

    vii.

    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.

  22. 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.

  23. 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.

  24. FORCE MAJEURE 

    Neither the Company 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.

  25. 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.

  26. 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.

  27. 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.

  28. 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.

  29. ASSIGNMENT

    We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms of Service.

  30. APPLICABLE LAW 

    a)

    Users residing within the United States and its Territories: 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.

    b)

    Users residing outside of the United States and its Territories: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Latvia. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of the Republic of Latvia. The parties hereby consent to the jurisdiction of such courts and waive any objection to the laying of venue in any such court.

  31. 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.

  32. 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:  

    a)

    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.  

    b)

    Absent an express, written direction to the contrary by the receiving party, said notice(s) to the Company shall be forwarded to care@wellinda.health and said notice(s) to the User shall be forwarded to the email address provided by the User to the Company.

    c)

    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.  

    d)

    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: 

    i.

    If and to the extent applicable, the claim shall be subject to the Consumer Rules and Procedures of the AAA (adr.org/consumer).

    ii.

    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.

    iii.

    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.

    iv.

    The arbitral award shall be final and binding upon both parties.   

    v.

    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.

    vi.

    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. 

    vii.

    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. 

    viii.

    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.

  33. CONTACT US

    Please address your questions and feedback to:  help@reverse.health