Terms & Conditions

Last updated: January 29, 2024

Please read these terms and conditions carefully before using Our Application. These are the terms and conditions for using the Application, and any other products, services, or digital content which We may provide You.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

* Application means the software program provided by the Developer downloaded by You on any electronic device, named Reflexy.

* Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) in which the Application has been downloaded.

* Developer (referred to as either "the Developer", "We", "Us" or "Our" in this Agreement) refers to Reflexy.

* Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

* Data is any information which may or may not relate to an identified or identifiable individual.

* You/Your means the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

* Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

* Country refers to: United Kingdom

* Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Developer regarding the use of the Application.

Acknowledgment

These are the Terms and Conditions governing the use of this Application and the agreement that operates between You and the Developer. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.

The Application Store Terms and Conditions also apply to this Application's Terms and Conditions.

Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.

By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Application.

We may make changes to the Application occasionally. We may also automatically update the Application for various reasons. You can disable this if you disable automatic updates on your Device.

The Application is not intended for use by persons under the age of 18 years.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Developer. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Application.

The developer has no controler over, and assumes no responsibility for, any potential damage to You or Your personal belogngings while using the Application. The Developer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on the Application or the usage of the Device.

Subscriptions

A subscription to Reflexy Plus provides acces to 5 additonal Challenges and any other new Challenges released in the future, and unlimited usage.

Subscriptions will automatically renew unless canceled within 24-hours before the end of the current period. You can cancel anytime with your iTunes account settings. Any unused portion of a free trial will be forfeited if you purchase a subscription.

Payment verification may require an active internet connection occasionally. Reflexy Plus content may be restricted until the App is able to verify that you have an active subscription. You do not need an active internet connection at all times in order to use Reflexy Plus.

A user without a subscription to Reflexy Plus will have access to only one (Pulse) Challenge mode.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Developer and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Application or 50 USD if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Developer or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Terms), even if the Developer or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Developer, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Developer provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Developer nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Developer are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Application, You agree to first try to resolve the dispute informally by contacting the Developer.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Links to Other Websites

Our Application may contain links to third-party web sites or services that are not owned or controlled by the Developer.

The Developer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Developer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Application will cease immediately.

Indemnification

You agree to indemnify, defend, and hold harmless the Developer, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) your (or anyone using your account’s) use of the Reflexy, (b) your (or anyone using your account’s) violation of these Terms, and (c) your (or anyone using your account’s) violation of any rights of any other person or entity.

Support

You may contact the Developer at hello@reflexy.co.uk or use the Feedback function within the Application.