Terms and Conditions
Effective and last revised on February 24, 2026
Welcome to the ifourlife.com sites and mobile applications , which are owned and operated by Swipe Health Inc. (“Swipe Health”) and its affiliates.
This terms and conditions and this End-User License Agreement (including any supplemental terms, as applicable) ("EULA" or “Agreement”) governs your use and access of swipehealth.ai (the "Swipe Health Site" or "Site"), and Swipe Health’s mobile and platform applications (collectively “Applications”). The Site and Applications are made available by and you are entering into this EULA with Swipe Health Inc. The Site and Applications, along with the fitness service and content made available therein are also referred to herein as the "Swipe Health Service" or "Service". Any Service purchased hereunder is purchased from Swipe Health, Inc. By registering as a member or by accessing or using the Swipe Health Service in any way, you accept this Agreement.
You should also read and understand the Swipe Health Privacy Policy, which is incorporated by reference into and made a part of this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the Swipe Health Service.
Prior to using the Swipe Health Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Swipe Health Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at support@swipehealth.ai.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE SERVICE.
We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration, which notifies you of such changes, shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form.
Notice to consumers: depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE, HEART DISEASE OR OTHER MEDICAL CONDITION THAT MAY BE IMPACTED BY A CHANGE TO DIET OR EXERCISE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING. NOTHING STATED OR POSTED ON THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE. SWIPE HEALTH SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.
PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITES. BY ACCESSING AND/OR USING THE WEBSITES, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND OUR PRIVACY POLICY.
1. Parties. The following Terms of Use and the associated Privacy Policy (link https://swipehealth.ai/privacy-policy), as well as any other guidelines, rules or operating policies that Swipe Health may establish and post at the Sites from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to also as party of the "Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Sites (together with any business, entity or organization each such visitor and/or user may be representing) (referred to as “you” or “your”) and Swipe Health Inc. (“Swipe Health,” “we,” “our” and “us”).
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Sites, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Sites) or you are a "Registered User" (which means that you have registered to use the Sites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Sites and/or subscribe to the Services, and you are obliged to exit all of the Sites and discontinue any and all use of the Sites and the Services immediately.
3. Medical Disclaimer. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THE SERVICE OR ANY OTHER EXERCISE OR WEIGHT LOSS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, HAVE A BONE OR JOINT PROBLEM OR OTHER MEDICAL CONDITION THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY OR DIET. DO NOT USE THE SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING OR FASTING, YOU SHOULD STOP IMMEDIATELY. THE SERVICE OFFERS GENERAL HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY OF THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH- CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND Swipe Health 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 GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITES WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
4. Your Representations and Warranties. In using the Swipe Health Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise or, if applicable engage in intermittent fasting, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Swipe Health services. You further affirm that you will not access the Service outside the United States.
5. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Sites or Applications. By accessing and/or using any of our Sites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Sites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Sites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Sites and/or the Services will be subject to this Agreement.
6. General Registration Requirements. Visitors are currently permitted to view only limited portions of the Sites prior to deciding whether to become a Registered User. Full access to the Sites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Sites, you must complete the registration procedures displayed on the registration page(s) of the Sites and, where applicable, pay the required subscription fee. Some aspects of the Sites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Sites.
7. Age Requirements for Access and Use of the Services. By accessing and using the Service, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Sites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
8. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Sites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites or Applications (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Sites and the Services (or any portion thereof).
9. Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Sites. However, our Sites are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Sites. If you believe that a child has provided information to us through the Sites, please contact us by email at support@swipehealth.ai. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy.
10. Member Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Sites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to support@swipehealth.ai of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Swipe Health will not be liable for any loss or damage arising from your failure to comply with this section.
11. Preservation and Disclosure of Account Information and User Content. You acknowledge and agree that Swipe Health may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Site Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Swipe Health, the other users of the Sites and Services, and the public. However, under no other circumstances will Swipe Health intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.
12. Security Components. You acknowledge and agree that the Sites and the Services, and the software embodied within the Sites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Swipe Health and/or content providers who provide content to Swipe Health. You may not attempt to override or circumvent any such security components and usage rules embedded in the Sites and the Services.
13. Subscription Fees and Payment. Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Swipe Health to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided below (“Term and Termination”). Swipe Health reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. Swipe Health will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes. If Swipe Health is for any reason unable to effect automatic payment via your credit card, Swipe Health will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Swipe Health of any changes to your credit card information and to update your information if your credit card has expired. Swipe Health may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Swipe Health.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Swipe Health’s net income. You are responsible for obtaining and providing to Swipe Health any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Swipe Health may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Swipe Health. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to support@swipehealth.ai. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
Auto-renewal and billing; Subscription Fees; Free Trial Terms.
A. Subscription. Unless you have selected a free version of a Swipe Health Mobile Application, the Swipe Health Services are paid, auto-renewing subscription services. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information unless your membership includes a free trial period.
B. Auto-Renewal. You are agreeing that upon expiration of the initial subscription period, your subscription will automatically renew for successive periods. You agree to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. We will process payment for any renewal subscriptions using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you. If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SWIPE HEALTH APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.
For auto renewing subscriptions completed in our iOS mobile applications, the following terms apply:
- Payment will be charged to iTunes Account at confirmation of purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours
before the end of the current period.
- Account will be charged for renewal within 24-hours prior to the end of the current
period and identify the cost of the renewal.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going
to the user's Account Settings after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when the user
purchases a subscription to that publication, where applicable.
- You can cancel a free trial or subscription anytime by turning off auto-renewal through
your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
C. Free Trials. If you accepted an offer with a free trial (“Free Trial”) for access to the Swipe Health Site, your Swipe Health membership begins when you have completed the Free Trial sign-up process (i.e., when we collect your personal and payment information). At the end of your Free Trial, you will begin to be billed automatically until you properly cancel. Once we begin to bill you, cancellations take effect based on the terms noted at the time you sign up.
D. Pricing and Special Offers. The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up. At certain times, we may offer special promotional offers ("Special Offers") that are billed at a discounted rate. These offers may have a different Free Trial period length, or no Free Trial period. In these cases, you will begin to be billed at the time payment information is collected, or, if a Free Trial is being offered, at the end of the special Free Trial period. Note: in these cases, our typical Free Trial will not apply. These terms will always be disclosed on the payment screen at the time of sign up, prior to our acceptance of payment. In all instances, you will continue to be automatically billed monthly after your Free Trial ends (or immediately if there is no Free Trial).
E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond the Swipe Health Site and Applications as an “Add-On Service.” Each Add-On Service is a separate subscription service and is subject to an additional monthly fee that automatically renews just like your regular subscription or is charged based on the terms noted.
F. Quarterly and Annual Subscriptions. We may offer Subscriptions to the Swipe Health Site or other Services for a longer term (for example, 3 months, 6 months or even a year). These longer-term Subscriptions are charged in full upon purchase, and automatically renew for the same duration as the initial Subscription term you selected (for example, if you initially purchased a 3 month Subscription, your Subscription will automatically renew for three months; 6 month subscriptions will automatically renew for six months, and so on). The amount due for the next renewal term will be due and immediately payable in full and charged as of the first day of such renewal term. For users of the Swipe Health Site, you can always cancel before your next renewal term by logging into your account and following the cancellation instructions below ("How to Cancel"). If you purchased a subscription to one of Swipe Health’s mobile applications through the Apple Store (as offered), you could cancel by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
G. Paused Subscriptions. If you use the Swipe Health site, in circumstances in which you elect to pause your subscription (where such option is offered), your account will automatically reactivate following the time period that you specified at the time of pausing, and we will then automatically start to bill you again. You will be responsible for payment upon reactivation regardless of whether or not you receive a reminder notice regarding the expiration of your paused status. By electing to pause your subscription, you agree and authorize Swipe Health to bill your account starting at the expiration of your paused account status period.
H. Changes to Subscription Fees; Swipe Health may increase its subscription fee for the Swipe Health Site effective the first day of a billing renewal by giving you notice of the new fees at least thirty (30) days before you are billed. If you have and do not cancel your subscription, you will be deemed to have accepted the new fees.
14. Cancellation; Term and Termination; Account Deletion
HOW TO CANCEL.
If you are using the Swipe Health Service through the Swipe Health Site and you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, first log into your account, and then click on the following link, or type in the following address into your web browser while you are still logged in: ___________________________ You can also cancel under "Account Settings" which appears on the lower left-hand side of the page whenever you are logged in. Your cancellation will take effect starting at the end of your current billing period.
From the Account Settings page, simply follow these few steps: * ____________________________ A "Cancel my subscription" button will then appear. Select it. * Click "Yes" on the final confirmation pop-up.
There are no refunds on Swipe Health subscriptions for billing periods that have already lapsed.
If you are accessing the Swipe Health Service through an Application (including a mobile application), cancellation, uninstall and removal methods vary depending on your device or the marketplace through which you purchased or downloaded the Application. To uninstall and remove a Swipe Health mobile application, please use the application manager provided with your device or consult your device manual for reference. Additionally, if you purchased access or downloaded Applications through a third party marketplace, cancellation and refunds may be governed by such third party’s cancellation and payment policies. If you purchased your subscription through the Apple Store, you can cancel anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the Swipe Health Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Swipe Health may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Swipe Health determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Swipe Health's reputation or goodwill. If Swipe Health deletes your account for the foregoing reasons, you may not re-register for the Swipe Health Service. Swipe Health may block your email address and Internet protocol address to prevent further registration. Swipe Health is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Swipe Health will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Swipe Health shall not be responsible for the loss of such content.
14a. Content. The content available at the Sites and the Services generally consists of (a) content owned by Swipe Health, including but not limited to the trademarks, trade dress and “look and feel” of the Sites and content created and/or acquired and owned by Swipe Health (“Swipe Health Content”), (b) content owned by third parties and licensed to Swipe Health for specified uses on the Sites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Sites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
14b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a Swipe Health subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at support@swipehealth.ai.
15. Ownership of Content. Swipe Health does not claim ownership rights in any User Content that you post on the Sites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 16 below (“License to Your Content”), as between Swipe Health and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.
16. License to Your Content. In order to be able to offer you the use of our Sites and the Services pursuant to this Agreement, you are required to grant a license to Swipe Health to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Sites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Sites or the Services, you hereby grant to Swipe Health a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Sites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Sites and the Services and/or the advertising, publicity, promotional and marketing materials for the Sites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Sites and/or the Services, the decision will be made by Swipe Health alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at support@swipehealth.ai to request the removal of certain User Content you have posted, but Swipe Health (i) has no obligation to remove any such User Content, (ii)may choose whether or not to do so in its sole discretion, and (iii) makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on Swipe Health’s servers after the User Content appears to have been removed from the Sites and/or the Services, and Swipe Health retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Sites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Sites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
17. Prohibited Conduct. The Sites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Sites and/or the Service to post or other transmit User Content that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
18. Responsibility for User Content. You, and not Swipe Health, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Sites and/or the Services. Swipe Health does not control the User Content posted via the Sites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Sites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Swipe Health be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Sites and/or the Services.
19. Rejection and/or Removal of User Content. You acknowledge and agree that Swipe Health may or may not pre-screen User Content posted on our Sites, but that Swipe Health shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Sites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Sites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, Swipe Health shall have the absolute right to remove from the Sites and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Swipe Health, or to restrict, suspend, or terminate your access to all or any part of the Sites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Sites and/or the Services by any person, please contact Swipe Health by email at support@swipehealth.ai.
20. Limited License. Swipe Health hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Swipe Health Content and the Third-Party Content located on or available through our Sites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Sites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Swipe Health as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
21. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 20 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Sites and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of Swipe Health. Unauthorized framing of or linking to any of our Sites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by Swipe Health from the Sites and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Sites and the Services.
22. Health and Medical Concerns. Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Sites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Swipe Health, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
As noted above, the Sites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Sites and/or the Services. The Sites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Sites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Sites and/or the Services. You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
- After exercise do you frequently experience chest pains?
- Do you get dizzy when you exercise?
- Are you breathless after exercising?
- Do you take medication for high blood pressure?
- Do you have joint problems?
- Do you have a medical condition, which might need special attention when exercising, for example diabetes?
- Have you been physically active in the past?
- Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
23. Reservation of Rights. Swipe Health Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Swipe Health and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
You acknowledge that the Swipe Health Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Swipe Health-generated content and content developed for Swipe Health by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Swipe Health owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Swipe Health Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Swipe Health name, logos and affiliated applications and technologies are the exclusive property of Swipe Health, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Swipe Health owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of Swipe Health or, if such property is not owned by Swipe Health, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
24. Other Sites. The Sites may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Sites does not imply Swipe Health’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. Swipe Health does not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.
25. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Sites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
26. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Swipe Health reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
27. Term and Termination. This Agreement begins on the date you first use the Swipe Health Service and continues as long as you have an account with us. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Sites or until terminated by Swipe Health or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at support@swipehealth.ai, but any such termination and cancellation will be effective only after Swipe Health has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Swipe Health.
Swipe Health reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Sites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Swipe Health shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Swipe Health elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Swipe Health elects to do so without cause, then Swipe Health will refund any unused portion of a pre-paid subscription.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: (“Preservation and Disclosure of Account Information and User Content”), (“Content”), (“Ownership of Content”), (“License to Your Content”), (“Responsibility for Your User Content”), (“Rejection and/or Removal of User Content”), (“Health and Medical Concerns”), (“Reservation of Rights”), Section 22 (“Other Sites”), (“International Use”), (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), (“Waiver of Claims”), (“Limitation of Liability”), (“Severability”), and (“Indemnity”)
Upon suspension or termination, Swipe Health shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
28. Disclaimer of Warranties. You acknowledge and agree that the Sites and the Services are offered without warranties of any kind whatsoever by Swipe Health and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Sites and the Services is at your sole risk. The Sites and the Services are provided on an “as is” and “as available” basis. Swipe Health and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Swipe Health-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
(b) The Swipe Health-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Sites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Sites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Sites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Sites and/or the Services, and/or if you use any product or service that you receive or learn about through the Sites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Swipe Health-Related Parties Swipe Health from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The Swipe Health-Related Parties make no warranty that the Sites or the Services, the Site Content, and/or the information, products and services available through the Sites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Sites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Swipe Health-Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Sites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
29. Waiver of Claims. You hereby waive, release and discharge the Swipe Health-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
30. Limitation of Liability. To the fullest extent permitted by applicable laws, the Swipe Health-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Sites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Sites and/or the Services, even if any of the Swipe Health-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Swipe Health-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Swipe Health for the Services.
31. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Swipe Health. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
32. Indemnity. You agree to indemnify, defend, and hold harmless the Swipe Health-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Swipe Health will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
33. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Sites, to obtain certain premium Site Content through our Sites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Sites or on the portions of our Sites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
34. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Sites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Sites and/or the Services.
35. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Swipe Health and governs your use of the Sites and Service, superseding any prior agreements between you and Swipe Health with respect to the Sites and/or the Services.
36. Choice of Law and Forum. This Agreement and the relationship between you and Swipe Health shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Swipe Health agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Austin, Texas.
37. No Waiver. The failure of Swipe Health to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
38. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
39. Relationship of the Parties. You and Swipe Health acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
40. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Swipe Health is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
41. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at swipehealth.ai. Except as otherwise specified elsewhere in this Agreement, notices to Swipe Health may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Swipe Health.
42. Apple App Store. By accessing the Service through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
- This EULA is between Swipe Health and you; Apple is not a party to this EULA.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-
transferable right to install the mobile applications on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
- Apple is not responsible for the mobile applications or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile applications.
- In the event of any failure of the any mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any Application.
- Apple is not responsible for addressing any claims by you or a third party relating to any Application or your possession or use of an Application, including without limitation (a) product liability claims; (b) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that an Application or your possession and use of an Application infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
- Swipe Health expressly authorizes use of the Mobile Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.