Terms of Service

AGREEMENT TO OUR LEGAL TERMS

This website is operated by VivoFlex. Throughout the site, the terms “we”, “us” and “our” refer to VivoFlex. VivoFlex offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We operate the website https://vivoflex.com (the "Site"), the VivoFlex mobile application (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at support@vivoflex.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and VivoFlex, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may update these Legal Terms from time to time. Any changes will become effective upon posting the updated Legal Terms on the Services. By continuing to use the Services after the updated Legal Terms are posted, you agree to be bound by the revised Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
RETURN/REFUNDS POLICY
SOFTWARE
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
GUIDELINES FOR REVIEWS
MOBILE APPLICATION LICENSE
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
CALIFORNIA USERS AND RESIDENTS
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not intended to provide medical advice, diagnosis, or treatment. Any content made available through the Services, including fitness, mobility, stretching, wellness, recovery, or educational content, is for informational and general wellness purposes only and is not a substitute for professional medical advice.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, workout content, instructional materials, and other content in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to support@vivoflex.com.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these intellectual property rights will constitute a material breach of these Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree that we may use such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are solely responsible for your Submissions and you agree not to send any Submission that is unlawful, defamatory, abusive, misleading, or infringes any third-party rights.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such information as necessary;
you have the legal capacity and agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Services for any illegal or unauthorized purpose; and
your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. USER REGISTRATION

You may be required to register to use certain portions of the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, dimensions, and details of the products available on the Services. However, we do not guarantee that product descriptions or other content are accurate, complete, reliable, current, or error-free, and your electronic display may not accurately reflect the actual colors or details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change without notice.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover
PayPal
Shop Pay
Apple Pay
Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your purchase includes a recurring subscription, you authorize us to charge your payment method on a recurring basis until you cancel in accordance with the applicable subscription terms.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN/REFUNDS POLICY

Please review our Returns & Refund Policy posted on the Services prior to making any purchases. By purchasing through the Services, you agree to the terms of our Returns & Refund Policy.

8. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement, the terms of that agreement will govern your use of the software. If no separate end user license agreement accompanies the software, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with the Services and in accordance with these Legal Terms.

Any software and related documentation is provided "AS IS" without warranty of any kind.

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without written permission from us;
trick, defraud, or mislead us or other users;
circumvent, disable, or otherwise interfere with security-related features of the Services;
use any information obtained from the Services in order to harass, abuse, or harm another person;
make improper use of our support services or submit false reports of abuse or misconduct;
use the Services in a manner inconsistent with any applicable laws or regulations;
upload or transmit viruses, malware, or other harmful material;
engage in any automated use of the system, including scraping, data mining, robots, or similar tools;
impersonate another person or use another user’s account;
interfere with, disrupt, or create an undue burden on the Services;
copy or adapt the Services’ software or code;
use the Services as part of any effort to compete with us;
use the Services or Content for any revenue-generating endeavor or commercial enterprise not expressly authorized by us.

10. USER GENERATED CONTRIBUTIONS

The Services may allow you to submit reviews, feedback, comments, testimonials, suggestions, or similar materials ("Contributions"). By submitting Contributions, you represent and warrant that:

your Contributions do not infringe any third-party rights;
your Contributions are not false, misleading, unlawful, defamatory, obscene, abusive, harassing, or otherwise objectionable;
your Contributions do not violate any applicable law or regulation; and
you have the right to submit the Contributions and grant the rights described in these Legal Terms.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

By submitting Contributions to us or through the Services, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, modify, publish, display, distribute, and otherwise exploit such Contributions for any lawful purpose, including marketing, advertising, and promotional purposes.

You retain ownership of your Contributions, but you grant us the rights necessary to use them as described above.

12. GUIDELINES FOR REVIEWS

We may provide areas on the Services for you to leave reviews or ratings. When posting a review, you agree that:

you have firsthand experience with the product or service being reviewed;
your review will not contain offensive, abusive, hateful, or discriminatory language;
your review will not contain false or misleading statements;
your review will not reference illegal activity; and
your review will comply with all applicable laws and regulations.

We reserve the right, but not the obligation, to remove or refuse reviews in our sole discretion.

13. MOBILE APPLICATION LICENSE

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices owned or controlled by you, and to access and use the App strictly in accordance with these Legal Terms.

You shall not:

decompile, reverse engineer, disassemble, or attempt to derive the source code of the App;
make any modification or derivative work from the App;
use the App for any unlawful purpose;
remove or alter any proprietary notices; or
use the App to develop a competing product or service.

When you download the App from the Apple App Store or Google Play, you also agree to comply with the applicable platform terms.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Legal Terms;
take appropriate legal action against anyone who violates the law or these Legal Terms;
refuse, restrict access to, limit the availability of, or disable any content or functionality in our sole discretion; and
otherwise manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.

15. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms.

If you access the Services from a jurisdiction with laws governing personal data collection, use, or disclosure that differ from those of the United States, then through your continued use of the Services, you consent to the transfer of your data to the United States and to the processing of your data in the United States.

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason or for no reason, including for breach of these Legal Terms or applicable law.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a false name, or the name of any third party.

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason in our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control costs, you and we agree to first attempt to resolve any dispute, controversy, or claim related to these Legal Terms or the Services informally for at least 30 days before initiating arbitration or court proceedings.

Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration, except where prohibited by law. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration may be conducted in person, by phone, online, or through written submissions, as permitted by the applicable rules.

Restrictions

To the fullest extent permitted by law, disputes shall be resolved only on an individual basis and not as part of any class, consolidated, or representative action.

Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for claims involving intellectual property infringement, unauthorized access, theft, or similar urgent matters.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, promotions, shipping times, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

ANY WELLNESS, FITNESS, STRETCHING, RECOVERY, OR EDUCATIONAL CONTENT PROVIDED THROUGH THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE.

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless VivoFlex, its affiliates, officers, employees, agents, and partners from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of:

your use of the Services;
your breach of these Legal Terms;
your violation of any third-party right; or
your violation of any applicable law or regulation.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

24. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform routine backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834

or by telephone at:

(800) 952-5210
(916) 445-1254

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

If any provision of these Legal Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

We may assign any or all of our rights and obligations to others at any time.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

28. CONTACT US

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

VivoFlex
support@vivoflex.com