- MOMMYMOVE -
Mateo Health GmbH
IN SOME CASES, WHERE MOMMYMOVE MAY PRESENT CONTENT OR INFORMATION REGARDING A THIRD PARTY, PARTNER OR ASSOCIATED BODY, ADDITIONAL DISCLOSURES AND DISCLAIMERS MAY BE PRESENT. PLEASE READ THEM CAREFULLY AND ENSURE THAT YOU FULLY UNDERSTAND THEM BEFORE TAKING ACTION VIA THE APPLICATION.
Use of the Application
You may only access or use the Service (including registering for the Service) if (1) you are 18 years of age or older. If you are under the age of 18, you are not authorized to use the Application and must cease all use of the Application. The Application is for your personal, non-commercial use. You may not use the Application if we have terminated your account or banned you.
Fitness Requirements for Use of the Application
YOU MUST CONSULT AND OBTAIN PERMISSION FROM YOUR HEALTH CARE PROVIDER BEFORE USING THE APPLICATION.
Physical exercise in any form, including as may be promoted through the Application, consists of strenuous physical activity and present inherent risks of injury, illness, physical or mental exhaustion and even death. The information and content provided on or through use of the Application is for educational and informational purposes only. Mommymove is not providing any medical advice or recommendations and no information or content provided through the application is a substitute for professional medical advice or treatment.
NEITHER MOMMYMOVE, ITS AFFILIATES OR THEIR RESPECTIVE OWNERS, MEMBERS, DIRECTORS, OFFICERS, OR EMPLOYEES WILL BE LIABLE FOR ANY PHYSICAL OR MENTAL INJURY OR ILLNESS THAT MAY RESULT, WHETHER DIRECTLY OR INDIRECTLY, FROM ANY USE OF THE APPLICATION.
Mommymove’s digital fitness program for mothers is an exercise program for new mothers who want to get back into shape after childbirth. Like all exercise programs, the exercise program provided through the Application is physically strenuous. In addition to consultation with your Doctor and other requirements set forth in these Terms, your use of the Application is subject to the following conditions:
1. Users may only participate in this exercise program if any and all of the following conditions are met:
a. The date of the birth must have been at least more than eight weeks ago, and potentially longer depending upon any unique aspects or complications relating to your pregnancy;
b. The final examination by your attending physician must be positive and lack any findings;
c. The User must be in generally good physical condition (cf. also clause 6); otherwise, for example in the case that you feel discomfort, pain, other symptoms or other signs of illness, we strongly advise against using our exercise program.
2. EXERCISE ONLY IN CONSULTATION WITH YOUR ATTENDING PHYSICIAN OR PHYSICAL THERAPIST. The exercise program for new mothers created by Mommymove is physically strenuous and not equally suited to every life situation or every person’s body. The individual exercises could potentially even be harmful for you. As every mother is different and because we cannot verify your physical condition or circumstances, we strongly urge you to consult a physician or physical therapist prior to beginning these workouts to determine whether this exercise program is appropriate for you.
3. NOT MEDICAL ADVICE OR DIAGNOSIS; NOT PHYSICAL THERAPY. The information and services provided by Mommymove through the Application (including without limitation these Terms) over the course of the exercise program for new mothers are for educational and informational purposes only and do not constitute medical advice or physical therapy. Therefore, in no case do they substitute for medical or physical examination and/or treatment.
4. PARTICIPATION IN A POSTNATAL EXERCISE CLASS. The exercise program available through the Application for new mothers is an accompanying exercise program and under no circumstances does it substitute for participation in a postnatal exercise class after giving birth. In fact, Mommymove expressly recommends that all mothers participate in a postnatal exercise class led by trained personnel after giving birth, particularly in order to better understand relevant physical limitations after giving birth and to get the most out of the accompanying exercise program for new mothers.
5. SIGNIFICANT MEDICAL HISTORY. As noted above, you must be in generally good physical condition to participate in the exercise program for new mothers offered through the Application. Therefore, you should clarify with your attending physician whether this criterion is met. In our experience, pre-existing conditions can make participation in this exercise program for new mothers inadvisable, including without limitation, the following:
- Diseases of the cardiovascular system
- Diagnosed heart condition
- Taking any medications, especially for cardiac and/or blood pressure medications
- Respiratory diseases
- No previous history of physical activity
- Problems with the spinal column and the rest of the musculoskeletal system
- Neuromuscular diseases
- Joint and bone problems, including fractures
- Surgical interventions
- Breastfeeding or lactating
THE FOREGOING LIST OF PRE-EXISTING CONDITIONS IS ONLY FOR ILLUSTRATIVE PURPOSES AND IS NOT COMPLETE OR COMPREHENSIVE. YOU MUST CONSULT WITH YOUR PHYSICIAN TO DETERMINE WHETHER YOU HAVE ANY PRE-EXISTING CONDITIONS THAT MAKE USE OF THE APPLICATION INADVISABLE.
6. THE USE OF MOMMYMOVE APPLICATION IS NOT SUITABLE FOR PREGNANT WOMEN.
7. User is advised to avoid overexertion and sudden movements in order to minimize risk of injury. PLEASE STOP EXERCISING IMMEDIATELY IF YOU BEGIN TO FEEL DISCOMFORT OR ONE OR MORE OF THE FOLLOWING SYMPTOMS:
- abdominal pain,
- shortness of breath, or
- other symptoms.
- Use any portion of the Service.
- Publish, contribute, access or view any Content (defined below) on or through the Service.
Registration Information and Passwords for the Application:
2. Email Address. You must ensure that the email address you provide is accessible from the time that you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
a. Deletion of Account. You may erase or delete your own user account at any time for any reason. To delete your account, you must log in to the Mommymove website (www.mommymove.com) and follow the appropriate directions to delete or ask Mommymove to delete your account. After you have deleted your account, Mommymove shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to all content that you may have already purchased. Mommymove shall not refund - even on a pro rata basis – any amounts paid for subscriptions still running at the time of deletion or for other additional services for which you may have prepaid. Deletion of your user account constitutes termination of this Agreement, including without limitation any ongoing subscription.
b. User Account after Termination or Expiration of Subscription. Your user account shall remain in place after any subscription for the Service or Application has terminated or expired and shall not be deleted until you expressly ask Mommymove to delete your user account.
Subscriptions and Payment:
a. Renewal of Subscriptions. The term of any purchased shall be automatically renewed twenty-four (24) hours prior to the expiration of the then-current subscription term, for a maximum of one year, unless either party terminates the subscription beforehand. You will be charged the then-current fee for any automatically renewed subscriptions.
2. Payment. All fees are to be paid in advance and are due immediately. Fees shall not be refunded unless otherwise agreed in writing by Mommymove in its sole discretion or stipulated by law. If you fail to pay an amount due, Mommymove shall be entitled to terminate this Agreement or, in its sole discretion, temporarily block your access to the Application until the payment owed has been received by Mommymove. User shall indemnify and hold Mommymove harmless from and against any damages and expenses (including attorneys’ fees) that Mommymove incurs from the non-payment or late payment by you. Mommymove is entitled to send invoices and reminders in digital form by email to the email address provided by you.
a. Rebates and Coupons. If Mommymove offers rebates and/or coupons, they shall only be valid within the period and under the conditions specified. This Agreement shall apply to all uses of the Service whether, whether such purchase is subject to a rebate and/or made using a coupon. You may not combine rebates and coupons unless otherwise specified by Mommymove. Further, no retroactive credits for a coupon against a previous purchase or cash payments for coupons are permitted.
Content and Intellectual Property Ownership:
The information published on or through the Application may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, Mommymove, our third party licensors or suppliers (“Third Party Licensors”), or third-party product or service vendors, merchants, or other private or public organizations and entities that have been granted rights to access and publish Content on the Application (“Third Party Vendors”). The Content provided by Mommymove, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
The “look and feel” of the Application (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Mommymove’s trademarks and/or copyrights, as the case may be.
Any unauthorized use of Content accessed through the Application may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Application is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in this Application.
Accuracy of Content:
In cases where you believe information found on the Application may be inaccurate or needs to be updated we ask that you contact us at firstname.lastname@example.org. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Application, please contact Mommymove at email@example.com.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE APPLICATION ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. MOMMYMOVE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
Communicating through the Application:
You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.
Restrictions on Communications:
- Do not promote, discuss or mention any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
- Communications regarding a business listed on Mommymove must be based on your personal experience with that business.
- Do not post multiple ratings or reviews based on the same transaction.
- Do not post Communications regarding the same transaction from multiple accounts.
- Do not post ratings or reviews for any product or business in which you have a financial interest, or for any product or business of a competitor.
- Do not post Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
- Do not post Content that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Mommymove or any third party.
- Delete any author attributions, legal notices or proprietary designations or labels on Content that you upload to the Application.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Application, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Application for any unlawful purpose.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Application or use the Application in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Application, or in a manner that adversely affects the Application and/or the availability of its resources to other users including without limitation posting Communications that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Application, or otherwise used in connection with the operation of the Application (including, without limitation, the Application).
- Attempt to probe, scan or test the vulnerability of a system or network related to the Application, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Application (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Application, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Application, Application account information, and personally identifiable information.
Violations of Application or network security may result in civil or criminal liability. Mommymove will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Feedback Regarding the Application:
You may provide suggestions, comments or other feedback on the operation of the Application, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Application Feedback”). Such Application Feedback is voluntary and Mommymove has the perpetual right to use any or all of such Application Feedback for any purpose without any obligation to you of any kind, although Mommymove will not publicly disclose the source of such feedback.
Disclaimer of Warranty:
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION ARE AT YOUR SOLE RISK.
Mommymove may provide through the Application links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Mommymove Application. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Mommymove. Mommymove does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Mommymove assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
MOMMYMOVE DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE APPLICATION BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS, THIRD-PARTY VENDORS OR REGISTERED USERS OF THE APPLICATION.
Limitation on Liability:
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SERVICE AND YOU ACKNOWLEDGE THAT MOMMYMOVE SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SERVICE, OR COMMUNICATIONS POSTED TO THE SERVICE, FOR ANY REASON WHATSOEVER.
Modifications and Changes of the Application:
You agree that you will cooperate as fully and reasonably as required by Mommymove in the defense of any claim arising out of your use of the Application. Notwithstanding the foregoing, Mommymove reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Mommymove arising out of or related to your use of the Application, and in no event shall you settle any such claim without Mommymove’s prior written approval.
Governing Law; Arbitration and Venue:
1. Governing Law.
This Agreement (including the arbitration agreement in this section where applicable) and all matters relating to this Agreement shall be governed by and construed in accordance with the laws in force in the State of New York without reference to conflict of laws principles;
Any dispute, controversy or claim arising under, out of or relating to this Agreement shall be finally determined by arbitration conducted by the JAMS (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with the Rules of Arbitration of the International Chamber of Commerce applicable to commercial disputes by a single arbiter who is (a) fluent in written and spoken English, the language governing this Agreement, and (b) skilled and experienced with cloud or internet services. The place of such arbitration shall be in New York, New York, U.S.A. The judgment of the arbitrator shall be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction.
3. Exception for Provisional Equitable Relief.
Notwithstanding any provision in this Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
4. Waiver of Class Action Claims.
By agree to arbitrate your claims against Mommymove, (a) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY; AND (B) YOU GIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
5. Conflicts of Laws.
This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
Waiver of Jury Trial: