Terms and conditions of use
This Service includes automatically renewing subscriptions, including subscriptions for recurring product delivery where applicable. Please carefully read these Terms of Use (the “Terms”),
in particular Section 6 (“Subscription Fees”), before starting a trial or completing a purchase for our auto-renewing subscription service.
To avoid being charged, you must cancel your subscription at least 24 hours before the end of the trial period or the then-current subscription period. By purchasing a subscription with automatic renewal, you acknowledge and agree to its auto-renewing nature and the terms disclosed at the point of purchase, and you understand that you must actively cancel it in order to avoid further charges.Depending on where you purchased your subscription, if you are unsure how to cancel a subscription or trial, please refer to the Apple Support website, Google Play Help (or the relevant app store support pages), or our website. Deleting the app does not cancel your subscriptions or trials. We also strive to provide clear information regarding our subscription terms at or near the point of purchase. Please review this information carefully before completing any purchase. You may wish to take a screenshot of this information for your records.
Our privacy practices are described in detail in our
Privacy Policy/Notice. Please review it to understand how your personal data is collected, used, and shared.
PLEASE NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN
SECTION 7 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL ARBITRATION. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND JUDICIAL REVIEW IS MORE LIMITED THAN IN COURT PROCEEDINGS. EXCEPT AS PROVIDED IN
SECTION 7, UNLESS YOU OPT OUT WITHIN 30 DAYS OF YOUR FIRST USE OF THE SERVICE AS DESCRIBED THEREIN, ARBITRATION SHALL BE THE EXCLUSIVE AND MANDATORY METHOD FOR RESOLVING ANY DISPUTE.FURTHERMORE, THESE TERMS INCLUDE IMPORTANT PROVISIONS REGARDING DISCLAIMERS (
SECTION 2), A CLASS ACTION WAIVER (
SECTION 7), DISCLAIMER OF WARRANTIES (
SECTION 10), AND LIMITATION OF LIABILITY (
SECTION 11).
1. Acceptance of Terms
1.1 The provisions of these “Terms” govern the relationship between you and
{Company name}, with registered office at
{Company full address}, and/or its affiliates (“we”, “us”, “our” or the “Company”), in relation to your use of the Company’s mobile applications, websites and other products and related services (the “App”, “Service” or “Products”), including all information, text, graphics, software, and other content made available to you (the “Content”).
1.2 These Terms constitute a legally binding agreement between you and the Company. Therefore, PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.
1.3 You are required to accept these Terms in order to create a
{App Name} account and access or use the Service. If you do not have an account, your use of any part of the Service constitutes acceptance of these Terms. If you do not agree to these Terms, you must not create an account or use the Service.
1.4 Please also review our
Privacy Policy. The Privacy Policy and any additional terms, policies, or documents that may be published on the Service from time to time are incorporated herein by reference. We reserve the right, at our sole discretion, to modify these Terms at any time for any reason.
1.5 Any translation of the English version is provided for convenience only. In the event of any discrepancy in meaning or interpretation between the English version of these Terms available at
{Link:Terms and Conditions} and any translation, the English version shall prevail. The English text is the sole legally binding version.
1.6 To the extent permitted by applicable law, we may amend, update, supplement, or remove any part of these Terms at any time at our sole discretion, or where required, upon notice to you.
1.7 Where changes to these Terms may affect your use of the Service or your legal rights, we will endeavor to notify you prior to the effective date of such changes by email sent to the address associated with your account or through other reasonable means. Such changes will become effective no earlier than 14 days after notification, unless a longer notice period is required by applicable law, in which case at least 30 days’ notice will be provided.
1.8 Other changes may be communicated solely by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of such updates.
1.9 If you do not agree to the revised Terms, you should stop using the Service and delete your account or cancel your subscription before the effective date of the updated Terms. By continuing to use or access the Service after the updated Terms take effect, you agree to be bound by them.
1.10 IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THEM, YOU MUST NOT DOWNLOAD, ACCESS, OR USE THE SERVICE.
2. Important disclaimers
Our top priority is supporting your well-being as you work toward your fitness and wellness goals. We encourage you to use the Service responsibly and apply your best judgment and common sense when doing so.
2.1. No Medical Advice
2.1.1. The Company does not provide any form of medical advice, health insurance, or other healthcare services. This includes, without limitation, any counseling, testing, evaluation, prescription, procedure, or therapy related to exercise, nutrition, weight loss, wellness, mental health, or the prevention, diagnosis, or treatment of any injury, illness, disease, or condition (collectively, “Healthcare Services”).
2.1.2. The Service may not be suitable for all users (including any apparently personalized recommendations or information) and does not constitute a substitute for professional healthcare services. The Service is intended solely as a tool that may support your overall health, fitness, and wellness goals. You acknowledge that dietary and exercise activities involve inherent risks, including the risk of bodily injury or death, and you assume full responsibility for such risks. Prior to using the Service, you agree to release and discharge the Company from any and all claims, whether known or unknown, arising out of or related to your use of the Service.
2.1.3. You should consult your physician or other qualified healthcare professional to determine whether the Service is safe and appropriate for you. You are strictly prohibited from using the Service against medical advice or if doing so may pose any health risk. You acknowledge that you bear full responsibility for your health, life, and well-being, as well as that of your family and children (born and unborn, where applicable), and for all decisions made now or in the future.
2.1.4. To the maximum extent permitted by applicable law, you expressly acknowledge that the Service does not provide medical advice. All content available through the Service, whether provided by us or third parties (including any individuals presented as medical professionals), is not intended to replace (i) advice from your physician or other healthcare professionals, (ii) consultations, visits, or communications with such professionals, or (iii) information found on product packaging or labels. We shall not be liable for any health issues arising from training programs, consultations, products, or events accessed through the Service. If you have any health-related concerns, you should consult a healthcare professional without delay. In case of emergency, contact your physician or local emergency services immediately.
2.1.5. Your use of the Service does not create any doctor–patient, therapist–patient, or other healthcare professional relationship between you and the Company.
2.1.6. In addition to all other disclaimers and limitations set out in these Terms, the Company disclaims any liability for loss or damage arising from content provided through the Service. You are encouraged to consult appropriate professionals regarding any information obtained through the Service.
2.2. Accuracy
2.2.1. The Company does not provide any form of medical advice, health insurance, or other healthcare services. This includes, without limitation, any counseling, testing, evaluation, prescription, procedure, or therapy related to exercise, nutrition, weight loss, wellness, mental health, or the prevention, diagnosis, or treatment of any injury, illness, disease, or condition (collectively, “Healthcare Services”).
2.2.2. Data collected and displayed through BetterMe devices is intended to represent activity estimates and is not a substitute for medical or scientific measurement devices. We do not guarantee the accuracy, reliability, availability, effectiveness, or proper use of such data.
2.3. Coaching Services
By using our virtual coaching services, you may receive access to content providing guidance on fitness routines and meal planning (“Guidance”). Such Guidance does not constitute medical advice or any form of healthcare service. It does not diagnose or treat any condition, nor does it provide medical recommendations. You are solely responsible for how you use and interpret such Guidance.
2.4. Personalization
We may personalize plans and content based on information collected during the onboarding process. While we aim to support your individual fitness and wellness goals, we do not guarantee that such plans are completely personalized or based on all available information. All recommendations are provided for general wellness purposes only and should not be considered professional advice. They should be used at your own discretion.
2.5. Individual Results
2.5.1. We make no guarantees regarding any specific results. Individual outcomes may vary. Testimonials or examples provided through the Service represent exceptional results and are not necessarily typical or guaranteed. Past results do not guarantee future outcomes.
2.5.2. Results in health, fitness, and nutrition depend on many factors, including but not limited to individual background, commitment, motivation, health status, genetics, and starting point. You acknowledge that your use of the Service is at your own risk, and the Company is not responsible for any outcome related directly or indirectly to your use of the Service.
3. Profile registration
3.1. To access certain features of the Service, you may be required to create a user profile (“Profile”) and provide the information requested during the registration process.
3.2. By registering a Profile, you represent and warrant to the Company that: (i) all required registration information provided by you is true, accurate, and complete; (ii) you will keep such information up to date; and (iii) your use of the Service complies with all applicable laws, regulations, and these Terms. Failure to provide accurate information may result in improper functioning of the Service and may prevent us from contacting you with important notices.
3.3. The Service is not intended for use by individuals under the age of 18. By using the Service, you confirm and warrant that you are at least 18 years old and have the legal capacity, authority, and right to enter into and comply with these Terms.
3.4. The Company reserves the right to suspend or terminate your Profile and/or restrict your access to the Service, with or without prior notice, in the event of any breach of these Terms.
3.5. You are solely responsible for maintaining the confidentiality of your Profile login credentials and for all activities conducted under your Profile. You agree to promptly notify the Company of any unauthorized or suspected unauthorized use of your Profile, or any other security breach. The Company shall not be liable for any loss or damage arising from your failure to comply with these obligations.
4. Service
4.1. You acknowledge that all text, images, trademarks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, software, and other content and materials displayed on or used in connection with the Service (including the App and the Content, and excluding any User Content as defined below) are owned by the Company or third parties.
4.2. The Company expressly reserves all rights, including all intellectual property rights, in and to the foregoing. Except as expressly permitted under these Terms, any use, reproduction, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation is strictly prohibited. Nothing in these Terms transfers any rights, title, or interest in such intellectual property to you or any third party.
4.3. Any information you provide during registration, as well as any content, materials, or information you upload, submit, transmit, or otherwise make available through the Service (including, without limitation, text, data, graphics, messages, photos, images, works of authorship, questions, comments, suggestions, reviews, or other content), whether publicly or privately shared and whether submitted on your own initiative or at our request, shall be referred to as “User Content.” Such User Content remains your intellectual property.
4.4. The Company does not claim ownership of your User Content. However, you agree to grant the Company the license described in Section 9 of these Terms. You further agree that the Company may retain copies of registration information and User Content and use them as reasonably necessary for operating the Service and as described in these Terms and the Privacy Policy.
4.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Service solely for your personal, non-commercial purposes, and (ii) install and use the App on your personal mobile device (e.g., iPhone, Android, or other applicable device), strictly for personal, non-commercial use.
4.6. You agree, represent, and warrant that your use of the Service will comply with the above license, restrictions, and obligations, and will not infringe or violate any third-party rights or breach any contractual or legal obligations. You further agree to comply with all applicable laws and regulations in connection with your use of the Service and remain solely responsible for any violations thereof.
4.7. You are solely responsible for obtaining and maintaining all equipment and telecommunications services necessary to access the Service, including, without limitation, devices and internet service, and for all associated costs.
4.8. We reserve the right to modify the Service (including both free and paid features) at any time, with or without notice. To the extent permitted by applicable law, the Company shall not be liable for any modification, suspension, or discontinuation of any part of the Service. If such changes materially affect your use of the Service, you may delete your account or cancel your subscription at any time.
4.9. Your access to and use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Company shall not be responsible for any damage to your devices, loss of data, or any other harm, including bodily injury, resulting from your access to or use of the Service or reliance on any information provided therein.
4.10. The Company is under no obligation to provide customer support. However, it may, at its sole discretion, offer customer support from time to time.
5. App stores, third party ads, other users
5.1. You acknowledge and agree that the availability of the App depends on the third-party platform from which you obtained it, including, without limitation, the Apple App Store and/or other application marketplaces (collectively, “App Stores” and each individually an “App Store”).
5.2. You agree to pay all applicable fees charged by the App Stores in connection with the App. Your right to use the App is subject to, and conditional upon, your compliance with all applicable agreements, terms of service, and policies of the relevant App Stores. You acknowledge that the App Stores (and their affiliates) are third-party beneficiaries of these Terms and are entitled to enforce them.
5.3. The Service may contain links to third-party websites, resources, and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads are not under the control of the Company, and the Company assumes no responsibility for them. The Company provides these links and advertisements solely for convenience and does not endorse, monitor, review, guarantee, or make any representations regarding their content. Information provided by third parties may not be accurate or complete. You acknowledge that you assume full responsibility and all risks arising from your use of any third-party websites or resources. When accessing third-party websites, the applicable terms, privacy policies, and data practices of the respective provider will apply. You are responsible for conducting any due diligence you deem necessary before engaging in any transaction with a third party. All transactions or dealings with third parties, including payment and delivery of goods or services, are solely between you and the relevant third party.
5.4. Each user of the Service is solely responsible for their User Content. As the Company does not control User Content, it makes no representations or warranties regarding its accuracy, timeliness, suitability, or quality, and assumes no responsibility or liability for such content. Any interactions between users of the Service are solely between the users involved. The Company shall not be liable for any loss or damage arising from such interactions. In the event of a dispute between users, the Company has no obligation to intervene.
5.5. You hereby release the Company, including its officers, employees, agents, and successors, from any and all claims, demands, liabilities, damages, losses, or causes of action of any kind, whether known or unknown, including those relating to personal injury, death, or property damage, arising directly or indirectly from your interactions with App Stores, other users of the Service, or Third-Party Ads.
6. Subscription fees
6.1. Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company (including via our websites) or, where available, through an App Store, either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to purchase, or (2) making a prepayment that grants access to the Service for a specified period (collectively, a “Purchase”).
6.2. To the maximum extent permitted by applicable law, we may modify Purchase fees at any time. Except where prohibited by law (including Québec Consumer Law), we will notify you of any pricing changes in accordance with applicable legal requirements. Where no specific notice period is required, we will provide notice by updating pricing in the App, sending an email, or through other prominent means. Such changes will take effect as specified in the relevant notice. If you do not agree to the new fees, you may cancel your subscription or refrain from renewing or prepaying for the Service.
6.3. You authorize us and, where applicable, the App Stores to charge your selected payment method for all applicable fees, including Purchase fees, taxes, and any shipping charges disclosed within the Service.
6.4. Automatically Renewing Subscriptions
By subscribing to certain plans, you agree that your subscription may automatically renew. Unless you cancel your subscription, you authorize us and, where applicable, the App Stores to charge the applicable renewal fees. The renewal period will match your initial subscription term unless otherwise stated. Renewal pricing will not exceed the immediately preceding subscription price, excluding introductory or promotional offers, unless you are notified of a price change prior to renewal.
6.5. Subscription Cancellation
You must cancel your subscription in accordance with the cancellation instructions provided for the specific subscription type.
6.6. Subscription Trials
We may offer paid trial subscriptions for the Service. A trial provides access to the Service for a limited period, as specified at the time of sign-up. If no trial terms are indicated, your subscription will begin without a trial period.
6.7. Trial Cancellation
Unless you cancel before the end of the trial period (or unless otherwise stated), your access will automatically continue and you will be charged the applicable subscription fees. To the extent permitted by law, we reserve the right to modify or terminate any trial offer or related conditions at our sole discretion, without notice and without liability. We may also limit eligibility for multiple trials.
6.8. Your right to use the Service expires at the end of the paid subscription period. If payment is not received, we may attempt to notify you and resolve the issue; however, we reserve the right to suspend or terminate access to the Service, with or without notice.
6.9. Subscriptions purchased via an App Store are subject to the refund policies of the respective App Store. Accordingly, we are unable to process refunds for such purchases, and refund requests must be submitted directly to the App Store provider.
6.10. Product Subscriptions
Certain Products may be offered on a recurring delivery basis (“Product Subscriptions”). By purchasing a Product Subscription, you authorize us to place recurring orders and charge your payment method at the intervals disclosed at the time of purchase or otherwise indicated in the Service. Each shipment constitutes a separate purchase. Applicable fees, including shipping and taxes, will be disclosed prior to purchase. Cancellation will prevent future shipments but will not affect orders already processed or shipped.
6.11. No Refunds on Subscriptions
Subject to Section 6.12, all Purchases are final and non-refundable once completed, and cannot be canceled. By completing a Purchase, you acknowledge and agree that no refunds or exchanges are provided. Notwithstanding the foregoing, refunds may be issued where required by applicable law or at our sole discretion in accordance with our policies. Refunds and returns for Products are governed by Annex A and Annex B, where applicable.
6.12. EU/UK/Switzerland Consumers
If you are a consumer based in the EEA, the UK, or Switzerland, you have a statutory right to withdraw from certain contracts for Services. However, for digital content provided immediately upon purchase, you expressly consent to immediate access and acknowledge that you thereby lose your right of withdrawal and are not entitled to a refund. For subscription-based Services, you request and consent to immediate performance, and if you exercise your right of withdrawal, we may deduct an amount proportional to the Service already provided.
Exercise of the Right of Withdrawal:
You may withdraw within 14 days of entering into the contract by sending a clear statement to {Company name}, {Company address}, email: taichi.help@proton.me. A model withdrawal form is provided below but is not mandatory.
Example Withdrawal Form
To: {Company name}, {Company address}, email: taichi.help@proton.me
I hereby notify that I withdraw from my contract for the provision of the following service:
Received on:
Name:
Address:
Signature (only if sent by post):
Date:
6.13. Québec Consumers
If you are a consumer based in Québec, you have a statutory right to cancel certain service contracts involving sequential performance. However, for digital content made available immediately, you acknowledge that cancellation rights do not apply and no refund will be issued.
Exercise of the Right of Cancellation:
You may cancel your subscription by sending a written notice or the provided form to {Company name}, {Company address}, email: taichi.help@proton.me
A model cancellation form is provided for reference.
Subscriptions purchased via an App Store remain subject to the App Store’s refund policies, and we are unable to issue refunds for such purchases.
6.14. We may publish clear and prominent subscription terms on our website and within the App from time to time.
7. Binding Arbitration Requirement and Waiver of Class Actions
THIS SECTION 7 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
The laws of certain jurisdictions, including Quebec, grant you the right to resolve your dispute or claim before the courts of that jurisdiction notwithstanding the arbitration agreement set forth in this Section 7, in which case you may elect either to do so or to proceed with arbitration, at your discretion.
Please review this Arbitration Agreement carefully to understand your rights. It requires that disputes be resolved through arbitration and limits the manner in which relief may be sought from the Company. In particular:
• All claims must be resolved through binding arbitration before a neutral arbitrator;
• You waive the right to a trial by jury;
• Rights that would otherwise be available in court, such as discovery or the right to appeal, may be limited or unavailable;
• Claims may only be brought on an individual basis and not as part of any class or representative proceeding;
• The arbitrator is not authorized to consolidate claims or preside over any form of class or representative proceeding.
7.1. Applicability of Arbitration Agreement
This Arbitration Agreement governs any dispute between you and the Company (including its agents, parent companies, subsidiaries, affiliates, predecessors, successors, and assigns), including but not limited to claims arising out of or relating to any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes claims arising before, during, or after the termination of these Terms (“Dispute”), except for claims that fall within the jurisdiction of a small claims court.
You may opt out of this Arbitration Agreement and the class action waiver by sending written notice to taichi.help@proton.me with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within 30 days of the later of: (a) the effective date of these Terms; or (b) your first use of the Service under these Terms.
If you opt out, neither you nor the Company will be bound by this Arbitration Agreement, and disputes will be resolved in accordance with Section 14. If you do not opt out, you are deemed to have knowingly waived your right to litigate disputes in court, except for eligible small claims.
The arbitrator shall have exclusive authority to determine the applicability, validity, and scope of this Arbitration Agreement. Any court proceedings concerning non-arbitrable claims shall be stayed pending resolution of arbitrable claims.
7.2. Initial Dispute Resolution
The parties agree to attempt to resolve disputes informally before initiating arbitration. This includes engaging in good-faith discussions via telephone or videoconference.
Before initiating formal proceedings, you agree to contact the Company at{email}or at its registered address in {City & Country of company registration}, providing a brief written description of the dispute and your contact details.
Good-faith negotiation is a mandatory prerequisite to arbitration. Any arbitration initiated without completing this process may be dismissed. Applicable limitation periods and filing deadlines shall be suspended during this informal resolution process.
7.3. Mandatory Arbitration
All disputes shall be resolved through binding arbitration, except where prohibited by applicable law.
To the extent permitted by law, both parties waive the right to a jury trial and to participate in class actions, and agree that disputes shall be resolved by a single arbitrator administered by:
• LCIA (for non-U.S. residents);
• JAMS (for U.S. residents), in accordance with its applicable rules.
In the event of any conflict between arbitration rules and these Terms, these Terms shall prevail unless otherwise agreed.
7.4. Waiver of Class Actions and Collective Relief
Where permitted by law, disputes may not be brought on a class, collective, or representative basis. The arbitrator may grant relief only to the individual party and only to the extent necessary for that party’s claim.
The arbitrator has no authority to consolidate claims or award relief affecting non-parties. This waiver constitutes an essential part of the Arbitration Agreement.
By agreeing to arbitration, you waive the right to a jury trial and limit your right to appeal. The arbitrator is not authorized to award punitive damages.
7.5. Arbitration Procedures
Arbitration is a form of dispute resolution in which a neutral arbitrator issues a binding decision in a process that is generally faster and less formal than court proceedings.
• Seat of Arbitration: London (non-U.S.) or Delaware (U.S.)
• Governing Law: England and Wales (non-U.S.) or Delaware law (U.S.)
• Language: English
Arbitration may be initiated in accordance with LCIA or JAMS procedures. Parties may represent themselves or be represented by counsel.
Consumers are generally required to pay a filing fee of USD 250, with the Company covering remaining arbitration costs, subject to conditions outlined herein.
Hearings will typically be conducted remotely unless otherwise determined. Each party may request relevant documents, and the arbitrator will manage procedural matters, confidentiality, and timelines.
The arbitrator shall issue a written decision within specified timeframes. The decision shall be final and binding, with limited rights of appeal.
7.6. Batching Arbitrations
Where 100 or more substantially similar claims are filed within a 30-day period, the parties agree to group such claims into batches for efficient resolution, with one arbitrator assigned per batch.
This procedure does not permit class or collective arbitration beyond the limited batching mechanism described.
7.7. Severability
If any provision of this Arbitration Agreement is deemed unenforceable, it shall be severed without affecting the validity of the remaining provisions. Any claims that must proceed on a collective basis shall be litigated in court, subject to a stay pending arbitration of individual claims.
7.8. Survival
This Arbitration Agreement shall survive termination of these Terms.
8. User Content
8.1. Grant of License.
You hereby grant to the Company, as well as its sublicensees, successors, and assigns, a royalty-free, perpetual, non-exclusive, sublicensable, and assignable license (including all necessary consents) to use, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, monetize, publicly communicate, perform, display, and otherwise exploit any User Content, in whole or in part, on a worldwide basis, and to incorporate such User Content into other works in any form, media, or technology now known or hereafter developed, for the entire duration of any copyrights, trademarks, or other intellectual property rights (collectively, the “Rights”) subsisting in such User Content.
8.2. The license granted under this Section does not extend to any personal data, as defined under applicable data protection laws and regulations.
8.3. You represent and warrant that you own or otherwise have all necessary rights, title, and interests in and to the User Content to grant the rights described herein. Where you are not the sole owner of all Rights in any User Content, you further represent and warrant that any third-party rights holders, including holders of moral rights, have validly and irrevocably waived such rights or have granted you the necessary permissions to grant the license set forth in this Section.You acknowledge and agree that the Company, including its successors and assigns, may use the User Content without restriction for any purpose, whether commercial or otherwise, without any obligation to provide compensation to you. Notwithstanding the foregoing, you retain ownership of any Rights that may subsist in your User Content.The Company is not obligated to retain copies of any User Content and shall not be liable for any loss resulting from the removal of such content from the Services.
8.4. If you wish to revoke the license granted with respect to specific User Content, you may do so by contacting the Company at taichi.help@proton.me
9. User representations and usage restrictions
9.1. By using the Service, you represent and warrant that:
• you have the legal capacity to enter into these Terms and agree to comply with them;
• you are at least 18 years of age;
• you will not access the Service through automated or non-human means, including but not limited to bots or scripts;
• you will not use the Service for any unlawful or unauthorized purpose;
• you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country;
• you are not included on any U.S. government list of prohibited or restricted parties;
• your use of the Service will comply with all applicable laws and regulations.
9.2. If you provide any information that is untrue, inaccurate, outdated, or incomplete, the Company reserves the right to deny any current or future access to the Service, in whole or in part.
9.3. You may not access or use the Service for any purpose other than that for which it is made available. Any use of the Service for commercial purposes is prohibited unless expressly authorized by the Company.
9.4. As a user of the Service, you agree not to:
• systematically collect or extract data or content from the Service to create any database, compilation, or directory without prior written consent;
• make any unauthorized use of the Service;
• modify, adapt, enhance, translate, or create derivative works based on the Service;
• use the Service for any revenue-generating activity or commercial enterprise for which it is not intended;
• make the Service available over a network or environment that allows access by multiple users or devices simultaneously without authorization;
• develop or use any product, service, or software that competes with or substitutes the Service;
• use any proprietary information, interfaces, or intellectual property of the Company in connection with other products or services;
• circumvent, disable, or otherwise interfere with security-related features of the Service;
• engage in unauthorized framing or linking to the Service;
• interfere with or disrupt the operation of the Service or its related networks;
• reverse engineer, decompile, or disassemble any part of the Service;
• attempt to bypass any access restrictions or protective measures;
• upload or distribute malicious software, including viruses, worms, or trojans;
• use or deploy automated systems such as bots, scrapers, or similar tools to access the Service;
• send automated queries or unsolicited commercial communications;
• harm, defame, or otherwise negatively affect the Company or the Service;
• use the Service in violation of applicable laws;
• otherwise breach these Terms.
9.5. When interacting with the Company’s customer support representatives, you agree to maintain respectful and appropriate conduct. The Company reserves the right to suspend or terminate your account immediately if your behavior is deemed threatening, abusive, or offensive.
10. Additional warranty disclaimers
10.1. Basic Disclaimers of Warranties
Except to the extent prohibited by applicable law (including Australian Consumer Law and Quebec Consumer Law) or otherwise inapplicable, you expressly acknowledge and agree that your use of the Service is at your sole risk, and that the Service and Products are provided on an “as is” and “as available” basis.
The Company, together with its affiliates, officers, employees, agents, partners, and licensors, expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties relating to products or services offered by third parties listed on the Service.
In particular, the Company makes no warranties and expressly disclaims any representation that:
• the Service will meet your requirements;
• the Service will be uninterrupted, timely, secure, or error-free;
• any results obtained through the Service, including data, will be accurate or reliable;
• the quality of any content, data, or services available through the Service will meet your expectations;
• any errors in the Service will be corrected.
Any materials accessed through the Service are used at your own discretion and risk. You are solely responsible for any damage to your device or loss of data resulting from such use.
The Company does not guarantee or promise any specific results from the use of the App or Service. You also agree to assume the risk of any interruption of the Service due to technical reasons.
10.2. Absence of Any Advice on the Service
Any content provided through the Service is for informational and entertainment purposes only and does not constitute professional advice of any kind, including financial, medical, legal, or other professional advice.
The Company makes no representations or warranties and, to the fullest extent permitted by law, disclaims all liability arising from reliance on any information provided through the Service. If you require professional advice, you should consult a qualified specialist.
10.3. Changes to Website Information and Service
The Company may modify any information provided on its websites and mobile applications at its sole discretion and without prior notice.The Company may also modify, suspend, or discontinue, temporarily or permanently, any part of the websites or mobile applications at any time, with or without notice.
10.4. Consumer Protection Rights
Nothing in these Terms shall limit any non-waivable warranties or consumer rights that may apply under mandatory laws of your country of residence.
10.5. Users in the EEA, UK, or Switzerland
10.5.1. Updates.
The Company may, from time to time, provide security or technical updates necessary to ensure compliance of the Service with these Terms. You are responsible for installing such updates promptly and ensuring your device’s operating system is compatible. The Company shall not be liable for any lack of conformity resulting from your failure to install provided updates.
10.5.2. Lack of Conformity.
If the Service does not conform to these Terms, you are entitled to request correction of the defect. You agree to reasonably cooperate with the Company in assessing whether the issue originates from your digital environment. If you fail to provide such cooperation, the burden of proof regarding conformity may rest with you.
11. Limitation of liability
11.1. In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of, or inability to use, the Service (including the App or Content) and Products, or third party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the Service (including the App, Content, and User Content), and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
11.2. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the Company to you for any and all claims arising from the use of the App, Content, Service, or Products, is limited to the amounts you have paid to the Company for access to and use of the Service. The limitations of damages set forth above are fundamental elements of the basis of the Terms between the Company and you.
11.3. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11.4. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. To the extent that one or any aspect of limitations set out above does not apply, all remaining aspects survive, even if any remedy fails its essential purpose.
11.5. If you are a resident of the EEA or Switzerland: If defective digital content supplied by us within the Service damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.6. If you are a resident of Australia: Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to: (a) cancel your contract for purchase of the Service; and (b) receive a refund for the unused portion of the Service, or compensation for its reduced value. If a failure with the Service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel your contract for purchase of the Service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Service.
12. Indemnity
12.1. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service or Products, (ii) your User Content, or (iii) your violation of these Terms.
12.2. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Use of the Service across jurisdictions
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and you are responsible for compliance with local laws.
14. Governing law and jurisdiction
14.1. Except where otherwise prohibited by law (including Quebec Consumer Law), these Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law).
14.2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of England and Wales to settle any disputes that may arise out of or in connection with these Terms, and accordingly proceedings must be brought in such courts.
14.3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of England and waive any defenses of improper venue or forum non conveniens.
14.4. If you are a consumer based in the EEA, the UK or Switzerland:
Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you have a complaint, please contact us at{email}. If you feel your complaint has not been adequately addressed, you may – but are not obliged to – submit a complaint to an alternative dispute resolution (ADR) body in your country. You can find a list of EU-approved ADR bodies here. Other than as set out in these Terms, the Company does not participate in any alternative dispute resolution scheme.You may bring any dispute arising under these Terms to the competent court of your country of habitual residence if this country of habitual residence is in the EEA, the UK or Switzerland, which courts are – to the exclusion of any other court – competent to settle any such dispute. The Company shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence.
You agree that the Services, Terms, and any dispute between you and the Company shall be governed in all respects by the laws of England and Wales, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
14.5. If you are a consumer based in Quebec:
Nothing in these Terms shall deprive you of the protection afforded to consumers by the laws of Quebec, including the laws of Canada applicable therein.
Nothing in these Terms shall deprive the Quebec authorities of jurisdiction to hear an action based on a contract concluded pursuant to these Terms if you have your domicile or residence in Quebec.
15. Miscellaneous provisions
15.1. No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed as a waiver thereof, and any waiver by the Company of any covenants, conditions, or agreements to be performed by you shall not be construed as a waiver of any subsequent breach thereof or of any other covenant, condition, or agreement contained herein.
15.2. Subject to Section 8, if any provision of these Terms is found to be invalid or unenforceable, these Terms shall remain in full force and effect and shall be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
15.3. Except as otherwise expressly provided herein, these Terms constitute the entire agreement between you and the Company regarding their subject matter and supersede all prior or contemporaneous promises, agreements, or representations, whether written or oral, relating to such subject matter.
15.4. The Company may transfer or assign any or all of its rights and obligations under these Terms to any other person by any means, including by novation, and by accepting these Terms you provide consent to any such assignment or transfer. You acknowledge that publication on the Service of a version of these Terms indicating another party as a party to the Terms shall constitute valid notice of such transfer, unless otherwise expressly stated.
15.5. All information communicated on the Service is considered electronic communication. When you communicate with us through the Service or via other electronic means, such as email, you are communicating with us electronically. You agree that we may communicate with you electronically and that such communications, including notices, disclosures, agreements, and other communications provided electronically, are equivalent to written communications and have the same legal force and effect as if signed by the issuing party. You also agree that such communications may be conducted through third-party providers engaged to facilitate and manage these electronic interactions efficiently and securely. In recognition of the nature of the Service, you acknowledge that we may engage third-party providers for a range of operational, technical, and logistical services, including but not limited to payment processing and service delivery support. By clicking buttons such as “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE”, or similar, you submit a legally binding electronic signature and enter into a binding agreement. You acknowledge that such electronic actions constitute your agreement and intent to be bound by these Terms. You further agree to the use of electronic signatures, contracts, orders, and records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed through the Service.
15.6. In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from circumstances beyond the Company’s reasonable control.
16. Contact
If you wish to send any notice under these Terms or have any questions regarding the Service and Products, you may contact us at: taichi.help@proton.me.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS SET OUT ABOVE.