ARWell

Terms of Use

Last Updated: 5/14/24

Welcome to ARWell! These Terms of Use ("Terms") are a legal contract between you (“you”, “your" or "User") and Augment Therapy, Inc. ("us", "we", “our”, or "ARWell"), creators of the ARWell augmented-reality wellness application, and govern your and/or your child’s or dependent’s (collectively referred to herein as “dependent(s)”) use of the ARWell application, and all of the text, data, information, graphics, software, video, photographs, functionality, related services, and more (all of which we refer to collectively as the "App").

Please read these Terms carefully before you or your dependent use the App. If you do not agree to these Terms of Use or do not intend to be so bound, you and your dependent should discontinue use of the App (or, if the option is made available to you, do not click to agree or proceed). You represent and warrant to us that you are of legal age to form a binding contract with ARWell and you otherwise have the full right, power, authority and capacity to enter into, and to fully perform your obligations according to, these Terms. If you are a parent or legal guardian of dependent(s) that will use the App, you represent and warrant to us that you have the full right, power, authority, and capacity to provide your dependent(s) with access to the App. Any information that ARWell collects through your or your dependent’s use of the App is subject to the Privacy Policy, which is incorporated into and made part of these Terms.

BY SIGNING UP FOR A SUBSCRIPTION OR OTHERWISE USING THE APP, WHETHER THROUGH YOUR COMPUTER OR A MOBILE DEVICE OR MOBILE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE.

INJURY RISK & WAIVER: Please note, the exercises and/or other activities available through the App may carry inherent risks of injury, including without limitation muscle strain, bruises, and/or fractures. It is your responsibility to ensure that your dependent is appropriately supervised while using the App. You agree that ARWell is not liable for injuries that you or your dependent suffer as a result of using the App, including but not limited to, participating in activities, games, and/or exercises through the App. BY COMPLETING YOUR REGISTRATION AND USING THE APP AND/OR ALLOWING YOUR DEPENDENTS TO USE THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HOLD ARWELL HARMLESS FOR ANY INJURY OR OTHER HARM YOU AND/OR YOUR DEPENDENTS SUFFER THROUGH USE OF THE APP. See Section 8 “Safety” for more information.

ARBITRATION NOTICE: UNLESS YOU OPT-OUT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND/OR YOUR DEPENDENT AND ARWELL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND YOUR DEPENDENT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@AUGMENTTHERAPY.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS. See Section 17 “Arbitration Agreement” for more information.

Section 1: How do I access the App?

The App is intended to be used on a smartphone, tablet, or laptop with a webcam. YOU UNDERSTAND THAT USE OF THE APP MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE APP.

Section 2: What Does ARWell NOT Provide?

We do NOT provide medical advice. If at any time you are concerned about your or your dependent's health, or you believe or suspect or someone else advises you that you or your dependent has a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of your or your dependent’s interaction with or use of the App.

The App cannot and is not intended to replace your relationship with your health care professionals or to address serious, emergent, or life-threatening medical conditions, and should not be used in those circumstances. The App and/or any data derived from the App is in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

Section 3: What are your subscription plans?

You may choose either a monthly or annual subscription plan for use of the App. Subscription plans will automatically renew for an additional term with the same selections and duration at then-current pricing, and we will automatically bill the subscription fees to your selected payment method unless you cancel your subscription before renewal. Your credit card will be charged in full at the beginning of each subscription term for the applicable subscription fees. By placing an order, you authorize ARWell to bill your payment instrument in accordance with the terms of the applicable payment plan, as applicable (as well as any applicable taxes), and you further agree to pay any charges so incurred without offset or deduction. Subscription fees are non-refundable.

ARWell uses third party payment processors to process your payments. Your payment information is subject to the privacy policy and terms of service of the applicable payment processor. You represent and warrant that (i) the payment information you supply to us or our service providers is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method, and (iv) you will pay charges incurred by you at the posted prices, and all applicable taxes, if any.

Should automatic billing fail for any reason, ARWell will notify you via your account or your email address on file. If you dispute any charges, you must provide written notice to ARWell within fourteen (14) days after ARWell charges your payment instrument. In the event that ARWell is unable to charge your payment instrument as authorized when you subscribed to the App, ARWell, may, in its sole discretion, without limiting ARWell’s other rights and remedies: (i) seek to update account information through third party sources (i.e., your bank or payment processor) to continue charging your payment instrument as authorized by you; (ii) charge interest on the past due amount at the rate of 3.0% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (iii) charge any and all costs incurred by ARWell in collecting any late payments or interest, including attorneys’ fees, court costs, and collection agency fees; and/or (iv) suspend your and/or your dependents’ access to any portion or all of the Services until such amounts are paid in full.

ARWell reserves the right to change subscription fees at any time upon thirty (30) days’ notice, provided that the price change will not become effective until renewal of your subscription. If you disagree with the change in price, then you may terminate your subscription before renewal within your account settings at any time prior to the change in price becoming effective. Your continued use of the App after the price change becomes effective constitutes agreement to pay the changed amount for the duration of your subscription term.

We may periodically offer promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Section 4: How Will We Tell You If We Change the App or These Terms?

With the exception of the Arbitration Agreement included at the end of these Terms, ARWell reserves the right to change or modify the App and these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by (1) posting a new version to the App; and/or (2) sending you a notification to the email address provided to us.

If you or your dependent continues to use the App after we have let you know that we have made changes to the App and/or these Terms, you agree to the changes and to be bound by the modified Terms. If you do not accept the changes, you and/or your dependent should immediately stop using the App and delete all files associated with the App on your device.

Section 5: Who Owns The App?

The App and its entire contents, features, and functionality (including but not limited to the “look and feel” of the applicable site, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ARWell, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Subject to your compliance with these Terms, ARWell grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the App and allow your dependent to use the App by downloading and installing the App on your or your dependent’s device. THE APP IS FOR YOUR AND/OR YOUR DEPENDENT'S PERSONAL AND NON-COMMERCIAL USE ONLY. Neither you, nor your dependent, may use the App for any other purpose than as specifically authorized by these Terms without ARWell's express written permission.

You may not use ARWell's name, trademarks, service marks, or logos, or those of third parties appearing on the App in any advertising or publicity or to otherwise indicate ARWell's or such third party's sponsorship or affiliation with any product or service without express written permission from ARWell or such third-party.

As between ARWell and you and your dependent, you or your dependent own the personal information and any other content collected from your or your dependent on or through the App (“User Content”). In order to provide you and/or your dependent with the services available on the App, you grant to ARWell a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, and transmit User Content for the purpose of providing the App, subject to our Privacy Policy. You also agree that ARWell may de-identify and anonymize your and/or your dependent's User Content in accordance with our Privacy Policy, and to use or disclose such de-identified information for any lawful purpose.

Section 6: What Are You NOT Allowed To Do With The App?

Augment Therapy imposes certain restrictions on your use of the App. While using the App, you agree that you will not, and you will ensure that your dependent will not:

1. provide false, misleading or inaccurate information to ARWell or any other user;

2. impersonate, or otherwise misrepresent affiliation, connection or association with any person or entity;

3. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the App for any use, including without limitation use on third-party applications or websites;

4. access content or data not intended for you, or log onto a server or account that you are not authorized to access;

5. to impersonate or attempt to impersonate ARWell, any ARWell employee, another user of the App, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing)

6. violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

7. attempt to probe, scan, or test the vulnerability of the App or any associated system or network, or breach security or authentication measures without proper authorization;

8. interfere or attempt to interfere with the use of the App by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

9. forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the App;

10. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

11. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ARWell, you, or any other third party (including another user) to protect the App;

12. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ARWell in providing the App (any violation of this section may subject you to civil and/or criminal liability);

13. attack the App via a denial-of-service attack or a distributed denial-of-service attack;

14. use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms, without our prior written consent;

15. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the ARWell or users of the App, or expose us or them to liability;

16. encourage or enable any other individual or entity to do any of the above, or otherwise attempt to interfere with the proper working of the App; or

17. use the App where prohibited by law.

ARWell is not obligated to monitor your use or your dependent's use of the App, but we reserve the right to do so to ensure your compliance with these Terms, to respond to law enforcement or other government agencies, or for any other reason that we deem necessary or appropriate in our sole discretion. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the App. YOU WAIVE AND HOLD HARMLESS ARWELL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ARWELL AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ARWELL AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You acknowledge and agree that ARWell may investigate and/or terminate your account without a refund of your subscription if you have violated these Terms, misused the App, or behaved in a way that ARWell regards as inappropriate or unlawful, including actions or communications that occur on or off the App.

Section 7: How Does ARWell Protect Your Privacy?

Your privacy is important to us. Your use of our App is subject to our Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide ARWell, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. ARWell is based in the United States, and the personal information that we collect and process is retained and stored in the United States. You may only access and use our App if you are located in the United States of America.

Section 8: Safety

YOU ARE RESPONSIBLE FOR USING THE APP, AND/OR FOR SETTING UP THE APP FOR YOUR CHILD OR DEPENDENT, IN A SAFE ENVIRONMENT THAT IS FREE OF OBJECTS, FURNITURE, PETS AND OTHER PEOPLE. SEE THE “SAFE SETUP” SECTION IN THE APP FOR INFORMATION REGARDING HOW TO CREATE A SAFE AREA. ALWAYS BE AWARE OF YOUR SURROUNDINGS AND POTENTIAL HAZARDS. SERIOUS INJURY AND PROPERTY DAMAGE CAN RESULT IF YOU HIT OBJECTS, WALLS, PEOPLE OR PETS, OR IF YOU TRIP OR FALL. USE CAUTION TO AVOID INJURY. STOP USING THE APP IF YOU ARE UNSURE WHETHER YOUR SURROUNDINGS ARE SAFE.

YOU SHOULD CONSULT YOUR PHYSICIAN OR GENERAL PRACTITIONER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION PROVIDED BY THE APP AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE HEALTH OF YOUR DEPENDENT, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. THE USE OF INFORMATION PROVIDED THROUGH THE APP IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL OR HEALTHCARE ADVICE.

NOTHING STATED OR POSTED ON THE APP INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. THE APP IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, ARWELL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH OR FITNESS ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE APP WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Section 9: Devices & Internet Access

You are responsible for obtaining, installing, maintaining, and operating all software, hardware or other devices (collectively, "Systems") necessary for you and/or your dependent to access and use the App. This includes, without limitation, obtaining Internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the App and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems. THERE ARE ALWAYS RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Section 10: How Do I Opt-Out Of Receiving Emails From ARWell?

You may receive periodic promotions and other offers or materials we believe might be of interest to you. You may opt-out of receiving these promotional messages at any time by following the unsubscribe instructions contained in each newsletter or by otherwise contacting us. Note that we may send you email communications regarding updates to the App and/or your account, which you may not opt out of without deleting your account.

Section 11: Third Parties and Third-Party Sites

Certain areas or features of the App may provide links to websites or applications that are not ARWell websites or applications (collectively, "Third-Party Sites"). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides and/or business practices (collectively, "Third-Party Rules") than ARWell, and that your and/or your dependent's use of such Third-Party Sites is governed by the respective Third-Party Rules not by ARWell. ARWell may provide links to Third-Party Sites to you as a convenience, but we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT ARWELL WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY GOODS, APPLICATION, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference in the App to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply ARWell's endorsement or recommendation.

Section 12: Warranty Disclaimer

THE APP IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARWELL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ARWELL MAKES NO WARRANTY THAT THE APP WILL MEET YOUR OR YOUR DEPENDENT’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ARWELL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATION, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, RESULTS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARWELL OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ARWELL IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO ANY ACCESS TO THE APP OR YOUR USER CONTENT FROM YOUR DEVICE, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

Section 13: Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR OR YOUR DEPENDENT’S ACCESS TO AND USE OF THE APP REMAINS WITH YOU. NEITHER ARWELL NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE APP OR OTHER PERSONS WITH WHOM YOU OR YOUR DEPENDENT COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR OR YOUR DEPENDENT’S USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE APP OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT IF YOU OR YOUR DEPENDENT USE THE APP DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. ARWELL IS NOT LIABLE TO YOU, YOUR DEPENDENT, OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE APP. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ARWELL'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE APP MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

Section 14: Indemnification

You agree to indemnify, defend and hold harmless ARWell, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with your and/or your dependent's access to or use of App, any violation of these Terms or any negligent or wrongful conduct by you or related to your account by you, your dependent, or any other person accessing the App through your account, regardless of whether you were aware of such use.

Section 15: How Can You Provide Us With Feedback?

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App ("Feedback"). You may submit Feedback by e-mailing us at support@augmenttherapy.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Section 16: How Can Your Account Be Terminated?

If you breach any of these Terms, we may suspend or disable your account or terminate your or your dependent’s access to the App without prior notice to you. There may be other instances where we may need to terminate your or your dependent’s access to the App that are not related to any of your actions or inactions. We reserve the right to terminate your or your dependent’s access to and use of the App and materials at any time, with or without cause.

If you wish to terminate your account, please contact ARWell at support@augmenttherapy.com, discontinue your and your dependent’s use of the App upon expiration of your subscription, and delete all files associated with the App from your computer or mobile device.

Section 17: Arbitration Agreement

You agree that any dispute between you, your dependent, and ARWell arising out of or relating to these Terms or the Privacy Policy will be governed by the dispute resolution procedure outlined below.

Before filing a claim against ARWell, you agree to try to resolve the dispute informally by contacting support@augmenttherapy.com. We will try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, either party may bring a formal proceeding, as outlined below.

All claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association ("AAA"). Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five (5) years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions— the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

You and ARWell shall each pay 50% of all arbitration costs, expenses, and fees incurred in connection with arbitrating under these Terms. The parties agree that the arbitrator shall not have the authority to award attorneys’ fees, unless otherwise expressly authorized by statute or contract.

Any claim or dispute arising under these Terms must be initiated for arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Exceptions to Agreement to Arbitrate: ARWell may bring a lawsuit for injunctive relief or other legal action to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH ARWELL ON AN INDIVIDUAL BASIS, AND 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.

Notwithstanding the above, you may decline or "opt out" of the alternative dispute resolution process described above by contacting support@augmenttherapy.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRIVACY POLICY.

If you opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, you hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of Ohio within twenty-five (25) miles of Chagrin Falls, Geauga County, Ohio in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and you hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

Section 18: General Contract Terms

Entire Agreement. These Terms, the Privacy Policy, and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between ARWell and you and your dependent regarding the App, and these Terms supersede and replace any and all prior oral or written understandings or agreements between ARWell and you regarding the App.

Governing Law. These Terms shall be governed by the laws of the State of Ohio without reference to its conflict of laws provisions.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without ARWell's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. ARWell may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by ARWell via email (in each case to the address that you provide); and/or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted.

Miscellaneous. The failure of ARWell to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ARWell. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Section 19: CONTACT US

Please feel free to contact us at support@augmenttherapy.com, or at our mailing address:

Augment Therapy Inc.

8584 East Washington Street, #128

Chagrin Falls, OH 44023