Last update: 2023-06-20
The https://heallift.com website (the "Site") and our mobile device application (“App”) are powered
by Zincat Technology. The Site, our services, and the App are referred to together as the
"Services", for the convenience of reading these Terms. These Terms of Service (the "Terms") govern
your use of our Services, so please read them carefully.
01. Agreement to Terms
You consent to be bound by these Terms by using our Services. Do not use the Services,
if you do not agree to be bound by these Terms.
02. Privacy Policy
For details on how we gather, utilize, and disclose information from our users, please
see our Privacy Policy. You understand and agree that our Privacy Policy applies to your use of the
Services.
03. Changes to Terms or Services
We have the right to change the Terms at any time and without notice. If we do, we'll
either notify you by publishing the updated Terms on the Site, or by sending you other messages.
It's critical that you examine the Terms whenever we make changes because if you use the Services
after we've posted the Terms on the Site, that means you accept the revised Terms and are signaling
to us that you do. You may no longer use the Services if you do not agree to be bound by the updated
Terms. Due to the fact that our services are constantly changing, we reserve the right to modify or
terminate all or a portion of the Services at any time, without prior notice, and for any reason.
04. Arbitration Notice
Except for certain types of disputes, you agree that disputes between you and Heallift
will be resolved by binding, individual arbitration. You are waiving your right to a jury trial as
well as your right to participate as a plaintiff or class member in any purported class or
representative action unless you object to arbitration within 30 days of the date you first agree to
these terms by following the opt-out procedure.
05. Who May Use the Services
5.1 Eligibility
Only those who are 13 years old or older and who are not prohibited from doing so by
applicable law are permitted to use the Services. You must be at least 18 years old and able to
enter into a legally binding contract in order to make a purchase through the Services.
5.2 Registration and Your Information
You must register for an account (the "Account") in order to enjoy some Services
features. You can access these resources through the App or the Site.
It's critical that you give us accurate, complete, and current information about your
Account, and you agree to update that information as necessary to maintain it that way. If you
don't, your Account may need to be suspended or closed. You pledge not to share the password to your
Account with anybody and to let us know right once if your Account is used without your permission.
Whether or not you are aware of any activity taking place under your Account, you are still liable
for them.
06. Using the Services
Users can choose from a variety of alternatives to build personalized sessions for
self-improvement and relaxation via the Services. You can buy things that are offered for sale
through the Services (the "Products") or use the paid functionality of the Services to access the
expanded functionality of the Services, as explained in more detail under the Section labeled
"Purchases" below.
You acknowledge and accept that the Services, Products, and any other knowledge you
gain from Heallift are not intended, created, or implied to diagnose, prevent, or treat any ailment
or disease, to determine the status of your health, or to be a replacement for expert medical
treatment. Not every activity listed on the Services or Products is appropriate for every person.
Use the Services only when not engaged in activities that need your whole attention, such as
driving, operating machinery, or running large appliances. You understand and accept that your use
of the Services is strictly your responsibility.
07. Purchases
7.1 Fees
You can subscribe to Heallift's services ("Subscription") to access upgraded features.
The Services include a description of the aspects related to Subscriptions. We may ask you for
additional information related to your Transaction when you purchase a Subscription or a Product,
such as your credit card number, the expiration date of your credit card, and your delivery and
billing addresses ("Payment Information"). You guarantee and indicate that you are authorized by law
to use each and every payment method listed in any such Payment Information. Before you place your
order, you will be given a presentation of the amounts due and payable by you for a Transaction made
using the Services.
By opting to initiate a Transaction through our Services, you give us consent to share
your Payment Information with third-party service providers for the purpose of completing your
Transaction. Additionally, you agree to the following terms:
- You will pay the relevant fees and any applicable taxes.
- Heallift has the authority to charge your credit card or third-party payment
processing account, which includes your account with the app store or distribution platform
(such as the Apple App Store, Google Play, or the Amazon Appstore), for verification,
pre-authorization, and payment purposes.
- You will be responsible for any extra charges imposed by your App Provider, bank,
or other financial service provider, as well as any taxes or fees that apply to your order.
A confirmation email will be sent to you after we have verified your order's payment.
Until Heallift accepts and confirms it, your order is not legally binding on Heallift. Except as
specifically stipulated in these Terms, any payments made are non-refundable and non-transferable.
You agree to contact us first if you have any questions or objections about costs, and
you also agree not to cancel or reject any credit card or third-party payment processing charges
before making a reasonable effort to settle the issue with Heallift.
In certain situations, such as when your payment card is denied, when we suspect the
request or order is fraudulent, or in other situations, Heallift considers it suitable in its sole
discretion, we have the right to refuse to process or cancel your transaction. Additionally,
Heallift reserves the right to take action to confirm your identification in relation to your order
at its sole discretion. Before completing your Transaction, you might need to give more information
to confirm your identity (this additional information falls under the meaning of payment
information). If Heallift decides not to process or cancel an order, we will either not charge you
or give you a refund.
7.2 Return Policy
Please refer to our Return Policy for details on how to return eligible Products if,
for any reason, you are dissatisfied with the purchase you made and wish to do so.
Subscriptions will continue to renew automatically until you decide to cancel them.
Here's how you can cancel your subscription:
You will be charged in the following instances:
- For a single purchase, such as an annual subscription, the payment for the whole
year will be taken when you make the order.
- For monthly or yearly subscriptions, the payment will be taken at the start of
each subscription period. These subscriptions will automatically renew for the same length of
time as the previous period until you choose to cancel. The payment will be charged at each
renewal using the Payment Information you have provided.
To prevent being charged for the subsequent subscription period, you must cancel your
monthly or annual subscription before it renews. If you purchased a subscription through the Site,
you can email us at support@heallift.com to stop the automatic renewal of your
subscription at any
time. If you purchased your membership through an app provider, you can contact them at any time to
stop your subscription from renewing. You won't get a refund for the subscription costs you've
already paid, and you'll keep getting the requested services up until the end of your current
membership period.
7.3 Price Terms for Subscriptions Changes
Heallift retains the right to modify the price terms for Subscriptions at any moment
and will give you notice before the modification takes effect. Changes to the pricing terms won't
take effect in the past and won't apply to subscription renewals unless you've been informed of
them. If you do not agree with the modifications to Heallift's price conditions, you may decide not
to renew your Subscription in accordance with the instructions.
7.4 Future Functionality
By agreeing to these terms, you acknowledge that your purchases are not dependent on
the delivery of any upcoming features or functionalities, nor are they contingent on any statements
made by Heallift, whether spoken or written, regarding future features or functionalities.
08. Feedback
We appreciate receiving feedback, comments, and suggestions for improving our Services
or Products ("Feedback"). You can provide feedback by sending an email to
feedback@heallift.com. By
doing so, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free,
sublicensable, and transferable license under all intellectual property rights that you own or
control. This license allows us to use, copy, modify, create derivative works, and otherwise utilize
the Feedback for any purpose.
09. Content Rights and Content
Regarding the use of the content in these Terms, the terms and meanings that follow.
Content - Text, graphics, photos, music, software, audio, video, works of authorship,
and information all fall under the category of "Content" as used in these Terms. Through our
Services, this Content is uploaded, created, given, or made accessible.
User Content - "User Content" refers to all Content that users, including you, submit
with the goal of making it accessible through our Services. The more general category of Content
that was previously indicated includes User Content.
It's vital to remember that User Content is completely included in the content as
described below.
9.1 Content Ownership
- Ownership of User Content: "HealLift" acknowledges and declares that it makes no
claims to ownership of any User Content. As a result, you continue to be the sole owner and
controller of your User Content. The rights you have to utilize and commercially exploit your
User Content are not limited in any way by these Terms.
- Ownership of Services and Content: Notwithstanding the foregoing, and subject to
the foregoing disclaimer, "HealLift" and its licensors retain sole ownership of all rights,
titles, and interests in and to the Services and Content, including all related intellectual
property rights. You acknowledge and agree that copyright, trademark, and other relevant laws in
the United States and other countries protect the Services and Content.
- Protection of Proprietary Rights: By using the Services or Content, you undertake
not to delete, modify, or obfuscate any copyright, trademark, service mark, or other proprietary
rights notices. These notices should be respected and kept intact as a reminder of the
intellectual property rights that "HealLift" and its licensors have secured.
In conclusion, "HealLift" maintains exclusive ownership of the Services and Content,
including all related intellectual property rights, while denying ownership of your User Content.
Any proprietary rights notices that are provided with the Services or Content must be heeded and
upheld by you.
Rights in User Content Granted by You;
You provide "HealLift" the following rights by making your User Content accessible through our
Services:
- You accredit "HealLift" with a non-exclusive right to utilize your User Content.
This means that while you retain ownership of your User Content, "HealLift" is free to use it in
conjunction with the content of other users.
- This license is transferable and sublicensable, allowing "HealLift" to delegate
or sublicense the rights granted to third parties as necessary for the operation and delivery of
the Services and Content.
- Global Applicability: The license you give to "HealLift" is valid anywhere. It
enables "HealLift" to utilize your User Content wherever it is.
- Royalty-Free: By granting "HealLift" a royalty-free license, you allow them to
use your User Content without providing any monetary compensation.
The granted rights to "HealLift" encompass the ability to utilize, replicate, modify,
generate derivative works, distribute, publicly display, publicly perform, and distribute your User
Content. These actions are performed in conjunction with the operation and provision of the Services
and Content to you and other users.
It is important to note that even though you grant these rights to "HealLift," you
still retain ownership of your User Content and have the option to use and benefit from it outside
of the Services offered by "HealLift."
9.2 Content Rights Assigned by "HealLift"
In regard to the Content, "HealLift" thus granted you the following rights, subject to
your compliance with these Terms:
- You are granted a restricted license by "HealLift" to download, view, copy, and
display the Content. This license is only given to you so that you may use the Services as
permitted.
- Non-Exclusive: "HealLift" has granted you a non-exclusive license. Therefore,
"HealLift" is still able to grant other users or parties the same or equivalent licenses.
- Global Applicability: The license you give to "HealLift" is valid anywhere. It
enables "HealLift" to utilize your User Content wherever it is.
- Non-Transferable and Non-Sublicenseable: Because the license is not assignable or
transferable, no one else may use it. Additionally, you cannot issue other sublicenses because
it is non-sublicensable.
- Personal and Non-Commercial Use: Use of the Content is permitted strictly for
personal and non-commercial uses under the terms of the license. The Content may not be used for
any business purposes or to make money.
You should be aware that these rights are only provided to you if you abide by the
"HealLift" Terms. The license granted may be revoked or terminated for any breach of these Terms.
Please make sure you only use the Content in connection with the services offered by "HealLift" for
your own personal, non-commercial use, and in compliance with these terms.
10. App Rights and Terms granted by Heallift
Provided that you comply with these Terms, Heallift gives you a limited,
non-exclusive, non-transferable, and non-sublicensable license to download and install the App on
your personally owned or controlled mobile device or computer. You are allowed to use the App for
your personal, non-commercial purposes. Heallift retains all rights to the App that are not
explicitly granted to you in these Terms. You may create a reasonable number of backup or archival
copies of the App, but copying the App beyond that is prohibited. In addition to the restrictions
mentioned, you are not permitted to:
- copy, modify, or derive works from the App;
- distribute, transfer, sublicense, lease, lend, or rent the App to any third
party;
- reverse engineer, decompile, or disassemble the App;
- enable multiple users to access the App's functionality through any means.
If you obtained or obtained the application from the Apple Store, you must adhere to
the following conditions:
- You may only use the application on an Apple device running iOS, which is
Apple's exclusive operating system software.
- Your usage of the application must comply with the "Usage Rules" outlined in the
Apple Store Terms of Service
If you used an App Provider to access or download the App, you understand and agree
that:
- These Terms are concluded between you and Heallift, and not with the App
Provider, and Heallift is the only party to whom the App is subject between Heallift and the App
Provider.
- The app provider is not required to offer any maintenance and support services
for the app.
- To the fullest extent permitted by applicable law, App Provider will have no
other warranty obligation with respect to the App. If the App fails to meet any applicable
warranty, you may contact App Provider, who will then refund your purchase price for the App (if
applicable). Heallift shall have sole liability for all other claims, losses, liabilities,
damages, costs, or expenditures resulting from the failure of an App to meet any warranty.
- The App Provider bears no responsibility for dealing with your claims or any
claims made by a third party regarding the App or your ownership and utilization of the App.
These claims include, but are not limited to:
- claims to pertain to product liability;
- any claims asserting that the App does not meet relevant legal or
regulatory obligations; and
- claims arising from consumer protection laws or similar legislation.
- Heallift will be solely responsible for the investigation, defense, settlement,
and discharge of any such intellectual property infringement claim to the extent required by
these Terms if a third party asserts that the App or your possession and use of the App
infringes that third party's intellectual property rights.
- Following your acceptance of the terms and conditions of these Terms, the App
Provider will have the right (and will be deemed to have accepted the right) to enforce these
Terms as related to your license of the App against you as a third-party beneficiary thereof.
App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to
your license of the App.
- When using the App, you must also abide by all relevant third-party terms of
service.
11. Prohibitions
You agree not to engage in any of the following activities:
- Posting, uploading, publishing, submitting, or transmitting any Content that:
- Infringes, misappropriates, or violates a third party's patent,
copyright, trademark, trade secret, moral rights, or other intellectual property rights,
or rights of publicity or privacy;
- Violates any applicable law or regulation, or encourages conduct that
would violate such laws or regulations, or would lead to civil liability;
- Is fraudulent, false, misleading, or deceptive;
- Is defamatory, obscene, pornographic, vulgar, or offensive;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm
against any individual or group;
- Is violent or threatening, or promotes violence or actions that are
threatening towards any person or entity;
- Promotes illegal or harmful activities or substances;
- Using, displaying, mirroring, or framing the Services, or any element within the
Services, Heallift's name, trademarks, logos, or proprietary information, or the layout and
design of any page or form without Heallift's written consent is prohibited.
- Accessing, tampering with, or using non-public areas of the Services, Heallift's
computer systems, or the technical delivery systems of Heallift's providers is prohibited.
- Attempting to probe, scan, or test the vulnerability of any Heallift system or
network, or breach any security or authentication measures is prohibited.
- Avoiding, bypassing, removing, deactivating, impairing, descrambling, or
otherwise circumventing any technological measure implemented by Heallift or its providers or
any other third party to protect the Services is prohibited.
- Attempting to access or search the Services or download Collective Content from
the Services using any unauthorized engine, software, tool, agent, device, or mechanism other
than those provided by Heallift or generally available third-party web browsers is prohibited.
- Sending unsolicited or unauthorized advertising, promotional materials, email,
junk mail, spam, chain letters, or any form of solicitation is prohibited.
- Using any meta tags, hidden text, or metadata that utilize Heallift trademarks,
logos, URLs, or product names without Heallift's written consent is prohibited.
- Using the Services for any commercial purpose or the benefit of any third party,
or in any manner not permitted by the Terms, is prohibited.
- Forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or using the Services to send altered, deceptive, or false
source-identifying information is prohibited.
- Attempting to decipher, decompile, disassemble, or reverse engineer any of the
software used to provide the Services is prohibited.
- Interfering with or attempting to interfere with the access of any user, host,
or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the
Services is prohibited.
- Collecting or storing any personally identifiable information from the Services
without express permission from other users is prohibited.
- Impersonating or misrepresenting affiliation with any person or entity is
prohibited.
- Violating any applicable law or regulation is prohibited.
- Encouraging or enabling any other individual to engage in any of the
aforementioned activities is prohibited.
Although we are not required to do so, we reserve the right to do so in order to
operate the Services, to ensure compliance with these Terms, and/or to comply with any law or other
legal obligations. We are also not required to review or modify any Content. At any time and without
prior notice, we retain the right, but we are under no obligation, to remove or deactivate access to
any Content, including, but not limited to, any Content that we, in our sole judgment, find to be
objectionable or in violation of these Terms. We have the right to look into any violations of these
Terms or actions that have a negative impact on the Services.
12. Links to Resources or Websites from Other Parties
There is a chance that the Services and App will link to outside websites or sources.
We simply offer these links as a convenience, and we take no responsibility for the information,
goods, or services found on or accessible through those websites, or for the resources or links that
may be found there. You acknowledge your entire responsibility for your use of any third-party
websites or resources and that you do so at your own risk.
13. Termination
At any time and without prior warning, we may, in our sole discretion, cancel your
use of the Services. By sending an email to support@heallift.com, you can cancel
your Account at any
moment. You need directly contact the App Provider to cancel your Subscription if you purchased it
through them. All provisions of these Terms that, by their nature, should survive will also survive
any termination, cessation, or cancellation of the Services or your Account, including without
limitation the ownership terms, warranty disclaimers, liability limitations, and dispute resolution
provisions.
14. Warranty Exclusions
The Services, Products, and Content are offered "as is," without any type of
warranty. We expressly disclaim any claims of merchantability, suitability for a specific purpose,
quiet enjoyment, non-infringement, and any warranties derived from the course of dealing or use of
trade, without limiting the aforementioned.
We give no assurance that the Services or Products will satisfy your needs or be
accessible continuously, securely, or without errors. Regarding the caliber, correctness,
timeliness, honesty, completeness, or dependability of any Content, we make no guarantees.
15. Indemnity
You agree to compensate and protect Heallift, as well as its officers, directors,
employees, and agents, against any claims, disputes, demands, liabilities, damages, losses, costs,
and expenses, including reasonable legal and accounting fees. This includes situations related to:
- your utilization of the Services or Content, or
- your infringement of these Terms.
16. Limitation of Liability
Heallift and all other parties involved in the creation, production, or delivery of
the Services, Products, or Content shall not be held responsible for any incidental, special,
exemplary, or consequential damages. These damages include but are not limited to, lost profits,
loss of data or goodwill, service interruption, computer damage, system failure, or the cost of
substitute Services or Products. These damages may arise from or be connected to these terms or the
utilization or inability to utilize the Services, Products, or Content. This applies regardless of
whether the claim is based on warranty, contract, tort (including negligence), product liability, or
any other legal theory. Even if Heallift has been made aware of the possibility of such damage if a
limited remedy mentioned here is determined to have failed its fundamental purpose. Please note that
certain jurisdictions may not permit the exclusion or limitation of liability for consequential or
incidental damages, hence the aforementioned limitation may not be applicable to you.
17. Dispute Resolution
17.1 Agreement to Arbitrate
Both you and Heallift agree that any disputes, claims, or controversies (referred to
as "Disputes") arising from or relating to these Terms, the breach, termination, enforcement,
interpretation, validity, or use of the Services, Products, or Content, will be resolved through
binding arbitration. However, each party retains the following rights:
- to file an individual action in a small claims court, and
- to seek injunctive or other equitable relief in a court of competent
jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of
copyrights, trademarks, trade secrets, patents, or other intellectual property rights. In
addition to the above, you also have the option to pursue litigation for any other Dispute by
providing Heallift with a written notice via email at support@heallift.com
within thirty (30) days of agreeing to these Terms (referred to as an "Arbitration Opt-out
Notice").
If you fail to submit an Arbitration Opt-out Notice to Heallift within thirty (30)
days, it will be assumed that you have willingly and knowingly given up your right to resolve any
dispute through litigation, except as specifically mentioned in clauses (i) and (ii) above. Unless
you provide Heallift with an Arbitration Opt-out Notice within the specified time frame, you
acknowledge and agree that both you and Heallift are renouncing the right to a trial by jury or to
participate as a plaintiff or member of a class action or representative proceeding. Furthermore,
unless you and Heallift reach a separate written agreement, the arbitrator is not allowed to combine
multiple individuals' claims or preside over any form of class or representative proceeding. If this
particular paragraph is deemed unenforceable, the entire "Dispute Resolution" section will be
considered null and void. However, this "Dispute Resolution" section will remain in effect following
the termination of these Terms, except as stated in the previous sentence.
17.2 Arbitrator's Decision
The arbitrator will issue a decision within the specified timeframe, which will
encompass the essential findings and conclusions forming the basis for the award. The judgment
regarding the arbitration award can be enforced in any court with the appropriate jurisdiction. The
awarded damages by the arbitrator must align with the types and amounts of damages for which a party
may be held liable, as outlined in the "Limitation of Liability" section above. Declaratory or
injunctive relief may only be granted by the arbitrator in favor of the claimant and to the extent
necessary to address the claimant's individual claim. If you succeed in arbitration, you will be
entitled to receive attorneys' fees and expenses, as permitted by applicable law. Heallift will not
pursue and hereby relinquishes its rights under applicable law to recover attorneys' fees and
expenses if it prevails in arbitration.
17.3 Fees
You are responsible for paying any filing, administrative, and arbitrator fees.
17.4 Changes
Despite the stipulations in the "Modification" section above, if Heallift makes
changes to this "Dispute Resolution" section after you initially accepted these Terms (or accepted
subsequent changes), you have the option to reject such changes by providing written notice within
30 days of the effective date of the change, as indicated in the "Last Updated" date above or
Heallift's email notifying you of the change (you may send the notice to
feedback@heallift.com). By rejecting any change, you agree to arbitrate any dispute
between you and Heallift in accordance with the provisions of this "Dispute Resolution" section as
of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
18. General Terms
These Terms supersede and replace all prior oral or written understandings or
agreements between Heallift and you regarding the Services, Products, and Content, and they
represent the entire and only understanding and agreement between Heallift and you with regard to
those topics. The other provisions of these Terms will still be in full force and effect if any
provision of these Terms is found to be invalid or unenforceable (by a court with appropriate
jurisdiction or by an arbitrator selected in accordance with the terms of the "Arbitration" section
above, but only if you timely withdraw from arbitration by sending us an Arbitration Opt-out Notice
in accordance with the terms stated above).
These Terms cannot be assigned or transferred without Heallift's prior written
consent, whether through legal means or otherwise. If you attempt to assign or transfer these Terms
without obtaining such consent, your action will be considered void and have no legal effect.
However, Heallift has the freedom to assign or transfer these Terms without any restrictions. Except
for the aforementioned conditions, these Terms will remain binding and beneficial to the parties
involved, as well as their successors and permitted assigns.
Heallift will provide any notices or other communications related to these Terms,
including those regarding modifications, in the following ways:
- through email, sent by Heallift; or
- by posting on the Services platform. In the case of notices sent by email, the
date of receipt will be considered the date on which the notice is transmitted.
Heallift’s failure to enforce any right or provision of these Terms will not be
considered a waiver of such right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative of Heallift. Except as
expressly outlined in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Contact Information
Email Heallift at feedback@heallift.com if you have any queries
about these Terms, the Services, or the Products.
