Consult Your Doctor
If you have a medical or heart issue, consult your doctor before using our Services, or starting a new workout or exercise routine or changing your diet. You agree that your use of the Services is at your own risk. If you begin to experience any medical or health issues stop using the Services and consult with your doctor. Better Human is not responsible and will not be liable for any injury, death or health problem related to your use of the Services.
Right to Use the Services
If you agree to and accept these Terms, including the Privacy Policy found at on our website, which is incorporated by reference in these Terms, then you have a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to use and access the Services based on your subscription level and adherence to these Terms. These Terms permit you to use the Services for your personal, non-commercial use only.
You agree that you will not (nor will you assist others in): (a) modifying, decompiling, disassembling, reverse engineering, tampering with, or otherwise attempting to derive the source code of any software or technology related to the Services; (b) infringing Better Human’s or any third party’s intellectual property associated with the Services; © testing the vulnerability or attempting to breach any authentication or security measures related to the Services; (d) attempting to circumvent any security measures or other protections implemented by Better Human or a third party related to protecting any data (including personal information) or the Services; (e) attempting to access the Services by means other than those authorized by Better Human; or (f) attempting to access or tamper with any non-public areas related to the Services, including without limitation, servers, computer systems or infrastructure. Violation of any of the above, will subject you to immediate termination and you will indemnify Better Human for any damages sustained as a result of your actions.
Except for any content that you provide or post, Better Human, its licensors or other third parties own all of the non-publicly available intellectual property, including all trademarks, logos and trade names, on the Services. With respect to any content that you provide or post, you grant Better Human and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license your content and your name and likeness provided in connection with such use of content. By posting content, you release Better Human and its directors, officers, agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your content.
User Account and Purchases
In order to use the App or certain Services, you will need to create an account and you may be asked to provide certain personal information including your name, address, email, other contact information, height, and weight. If you wish to purchase any product or service made available through the Services, you will be asked to create a user account and may be asked to supply certain information relevant to your purchase including, without limitation your name, address, email, other contact information and credit card or other payment information. In providing any information when you use our Services, you are agreeing to all terms and conditions in our Privacy Policy found on our website. If you do not agree to all terms and conditions in the Privacy Policy, do not use the Services, create an account or make any purchases.
Subscriptions
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring date. If you wish to cancel a subscription, it is your responsibility to make sure you understand when you need to request termination so that you are not billed for the next cycle.
No Refunds
Refunds are not offered for any Services that are purchased.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE, THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, AND ANY CONTENT ON THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BETTER HUMAN NOR ANY PERSON ASSOCIATED WITH BETTER HUMAN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BETTER HUMAN NOR ANYONE ASSOCIATED WITH BETTER HUMAN REPRESENTS OR WARRANTS THAT THE THE SERVICES, OR ANY CONTENT ON THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BETTER HUMAN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
BETTER HUMAN, ITS SUPPLIERS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY BETTER HUMAN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BETTER HUMAN, AND ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BETTER HUMAN FOR THE APPLICABLE SERVICES IN THE LAST 6 MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
User-Generated Content
Our Services allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. You are responsible for the content that you post, and Better Human reserves the right to use any content for advertising, marketing, or any promotional or content-related purpose. Our Site and App serve as a forum for users to share their experience with the Services. To this end, we invite registered users to post reviews and their custom workouts on our Services. Please note, however, that if you post any material to our Services, then all of the information that you post will be attributed to your profile information from your user account. If you share your profile information, your identity may be visible to others unless you change your privacy settings. Further, if you post your own content on our Services, your posting may become public and we are cannot prevent such information from being used in a manner that may violate these Terms (including without limitation, the Privacy Policy), the law, or your personal privacy. You are responsible for the accuracy of any information contained in your postings.
You represent and warrant that any content that you post on the Services does not: (a) infringe or violate the intellectual property rights or other rights of any third parties; (b) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; © promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Termination
We are not required to, but we reserve the right to terminate, remove or disable your access to the Services at any time and without notice, and at our sole discretion, if we determine that your content or materials that you post, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
Indemnification
You agree to defend, indemnify, and hold harmless Better Human, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user content or materials that you post, any use of any of our other services, content, materials, or products other than as expressly authorized in these Terms, or your use of any information obtained from our Site or App.
Third-Party Links
Our Services may contain links to third-party web sites or services that are not owned or controlled by the us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Better Human will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
Children under 13
The Site, Services and App are not directed to children under 13 years old, and we do not market to or knowingly collect any personally identifiable information from a child under the age of 13. If we become aware or are informed by a parent or guardian that we have inadvertently collected personally identifiable information from a child under the age of 13, we will immediately take reasonable steps to delete such information from our public Site and database.
Governing Law; Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising from or related to the Services or these Terms (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Miscellaneous
You agree that if you have a problem or dispute with us that you will notify us at support@betterhumanapp.com and we will attempt to resolve the dispute on an informal basis.
You may only resolve disputes with Better Human on an individual basis and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Our failure or delay in taking any actions or enforcing any right or provision under these Terms does not constitute a waiver of our rights in enforcing these Terms. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Better Human.
Changes
We reserve the right to update or change our Terms at any time in our sole discretion and you should check these Terms periodically. Your continued use of the Services after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
If we make any material changes to these Terms, we will notify you either through the email address you have provided us, or by placing a prominent notice on our Site. What constitutes a material change will be determined at our sole discretion.