<link href="https://app.termageddon.com/css/policy.css?v=20210506" rel="stylesheet"><article><h2>Terms of Service</h2><p class="tg-last-updated-date">Last updated: Oct 15, 2024 9:25 PM</p><p>Welcome to Basic Human Movement, operated by Basic Human Movement, LLC, a Limited Liability Company based in New Hampshire, United States ("us," "we," or "our"). We provide our mobile application (the "Application"), our websites, our exclusive, private Facebook group, and related services (collectively, the "Services"), subject to these Terms of Use (the "Terms") and our Privacy Policy (the "Privacy Policy"). Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.</p>

<p>By accessing or using our Application or Services, you agree to be bound by these Terms. These Terms apply to all visitors, users, and others who access or use our Application and Services. If you do not agree with any part of these Terms, please refrain from using our Application and Services.</p><h2 class="">Our offers and pricing</h2>

<p>We offer digital products exclusively through our Application. Prices are displayed within the Application and do not include taxes and any additional fees. All purchases and subscriptions are handled by the Apple App Store or Google Play Store through the Application, which also manage any price changes due to currency fluctuations.</p><h2 class=""><span class="text-uppercase">Cancellation policy</span></h2>

<p class="text-uppercase">All subscriptions, cancellations, and refund requests are managed exclusively through the Apple App Store or Google Play Store. Please refer to the respective app store's policies and procedures to handle these matters.</p><h2 class=""><span class="text-uppercase">Refund policy</span></h2>

<p class="text-uppercase">All subscriptions, cancellations, and refund requests are managed exclusively through the Apple App Store or Google Play Store. Please refer to the respective app store's policies and procedures to handle these matters.</p><h2 class=""><span class="text-uppercase">No warranty on purchases</span></h2>

<p class="text-uppercase">All products and services offered through our Application are provided on an "as is" and "as available" basis. We make no warranties, express or implied, including but not limited to implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; these disclaimers apply to the fullest extent permitted by applicable law.</p><h2 class="">Remedies</h2>

<p>If you believe we have breached these Terms concerning your purchase, your sole and exclusive remedy is to pursue dispute resolution as outlined in the "Governing Law, Dispute Resolution, and Venue" section below. All other remedies, whether at law or in equity, are expressly waived and excluded.</p><h2 class="">Subscriptions</h2>

<p>We offer access to our Application and its features through a subscription model managed by the Apple App Store or Google Play Store. Subscriptions involve recurring payments and are available in one-month or one-year terms, depending on your chosen plan.</p>

<p>New annual subscribers are eligible for a free 7-day trial. To avoid being charged, you must cancel your subscription through the Apple App Store or Google Play Store before the trial period ends. If not canceled, you will be billed for the full subscription amount after the trial expires.</p>

<p class="text-uppercase">All subscription management, including cancellations and refunds, must be handled through the Apple App Store or Google Play Store according to their policies.</p><h2 class=""><span class="text-uppercase">Automatic renewals of subscriptions</span></h2>

<p class="text-uppercase">Subscriptions purchased through our Application will automatically renew at the end of each billing cycle—monthly or yearly, depending on your selected plan—until canceled. All renewals are handled exclusively by the Apple App Store or Google Play Store.</p>

<p class="text-uppercase">You can cancel the automatic renewal of your subscription at any time via the Apple App Store or Google Play Store. Cancellation will prevent future charges, but you will retain access to subscription services until the end of the current billing period.</p><h2 class="">Accounts</h2>

<p>By creating an account on our Application, you certify that you are at least 18 years old and that all information you provide is accurate, complete, and up-to-date. Providing false, incomplete, or outdated information may result in the immediate termination of your account.</p>

<p>You are responsible for safeguarding your account credentials and for any activities that occur under your account. Please notify us immediately if you suspect any unauthorized use of your account or any other breach of security.</p>

<p>We reserve the right to suspend or terminate your account if we determine, at our sole discretion, that you have violated these Terms of Service, engaged in inappropriate conduct, or for other legitimate reasons such as suspected fraud or misuse of the Application or Services. We will make reasonable efforts to provide you with notice of any such suspension or termination when possible.</p>

<p>You may delete your account at any time through the Application's settings.</p> 

<p class="text-uppercase">Important: Deletion of your account does not cancel your subscription. To cancel subscriptions, you must do so through the Apple App Store or Google Play Store according to their policies and procedures.</p><h2 class="">Community guidelines and content policy</h2>

<p>By submitting a comment or uploading content onto our Application or any of our Services, you grant Basic Human Movement, LLC a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute that comment or content. You agree that such comments or content may be viewed by other users and that it is your responsibility to ensure that the material does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules, or regulations.</p>

<p>The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Application and Services, including the Facebook group:</p>
<ul>
<li>Harassment or Hate Speech: Content that harasses, bullies, or promotes hatred against individuals or groups.</li>
<li>Discriminatory or Offensive Material: Content that is discriminatory based on race, gender, religion, nationality, disability, sexual orientation, or any other characteristic, or that is otherwise offensive.</li>
<li>Abusive Language: Swearing, name-calling, or any other form of abusive or threatening language.
</li>
<li>Pornographic or Sexually Explicit Content: Content that is pornographic or sexually explicit in nature.</li>
<li>Violent or Graphic Imagery: Content displaying, depicting, or suggesting violence or injury.</li>
<li>Exploitation or Abuse of Minors: Content that exploits or abuses children or minors.</li>
<li>Illegal Activities: Content encouraging or depicting illegal acts or activities.</li>
<li>Privacy Violations: Content sharing personal information about others without their consent.</li>
<li>Intellectual Property Infringement: Content that infringes on someone else's rights, including intellectual property rights.</li>
<li>Unauthorized Advertising or Spam: Content advertising products or services without our permission, or whose purpose is spamming others.</li>
</ul>

<p>As a complimentary benefit, new accounts will receive an email invitation to join our exclusive, private Facebook group, which serves as a community platform for subscribers to connect and share experiences. Participation in the Facebook group is optional and is subject to these Terms of Service.</p>

<p>We reserve the right to remove or ban any user from the Facebook group if they violate these Terms of Service or engage in inappropriate conduct. Such actions are at our sole discretion and may include, but are not limited to, violations of the prohibited content and uses policies.</p>

<p>Being removed or banned from the Facebook group does not impact your subscription to our Application or your access to other Services. You will continue to have full access to the Application and its features as long as your subscription is active and you comply with these Terms of Service.</p>

<p>Please be aware that the Facebook group is hosted on Facebook, a third-party platform. Your use of the Facebook group is also governed by Facebook's Terms of Service and Privacy Policy. We do not control Facebook's platform and are not responsible for their content, actions, or policies. We encourage you to review Facebook's terms and policies to understand your rights and obligations when using their services.</p><h2 class="">Prohibited uses</h2>

<p>You agree that you will use this Application and Services in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Application and Services. You agree that you will not:</p>

<ol>
<li>Impersonation: Impersonate or attempt to impersonate Basic Human Movement, LLC, its employees, representatives, subsidiaries, divisions, or any other person or entity.</li>

<li>Misrepresentation: Misrepresent your identity or affiliation with any person or entity.</li>

<li>Unauthorized Advertising or Spam: Send or attempt to send any unauthorized advertising or promotional material, including spam, junk mail, chain letters, or any similar solicitation without our prior written consent.</li>

<li>Disruptive Conduct: Engage in any conduct that restricts or inhibits any person's use or enjoyment of the Application or Services, or which, as determined in our sole discretion, may harm us or users of the Application or Services, or expose them to liability.</li>

<li>Interference with Operations: Use the Application or Services in any manner that could disable, overburden, damage, or impair them, or interfere with any other party's use.</li>

<li>Automated Access: Use any robot, spider, or other automatic device, process, or means to access the Application or Services for any purpose, including monitoring or copying any material.</li>

<li>Unauthorized Monitoring: Use any manual process to monitor or copy any material on the Application or Services, or for any other unauthorized purpose without our prior written consent.</li>

<li>Malicious Activities: Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.</li>

<li>Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application or Services, the servers on which they are stored, or any server, computer, or database connected to them.</li>

<li>Denial-of-Service Attacks: Attempt to attack or attacking the Application or Services via a denial-of-service attack or a distributed denial-of-service attack.</li>

<li>Interference: Otherwise attempt to interfere with the proper working of the Application or Services.</li>

<li>Unlawful Use: Use the Application or Services in any way that violates any applicable federal, state, local, or international laws, rules, or regulations.</li>

<li>Data Harvesting: Collect or harvest any information about other users, including usernames and email addresses, without their consent.</li>

<li>Intellectual Property Infringement: Use the Application or Services in a manner that infringes upon our intellectual property rights or those of others.</li>

<li>Harassment or Hate Speech: Engage in any behavior that is harassing, threatening, abusive, defamatory, or promotes hate against any individual or group.</li>

<li>Privacy Violations: Disclose personal or confidential information of others without their consent.</li>

<li>Fraudulent Activities: Engage in any fraudulent, deceptive, or misleading practices.</li>

<li>Reverse Engineering: Attempt to reverse engineer, decompile, disassemble, or otherwise discover the source code or underlying algorithms of the Application or Services.</li>

<li>Unauthorized Account Access: Access or attempt to access accounts of other users without authorization.</li>
</ol><h2 class=""><span class="text-uppercase">No warranty on Application</span></h2>

<p class="text-uppercase">We provide the Application on an "as is" and "as available" basis without any warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or that the Application will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; these disclaimers apply to the fullest extent permitted by applicable law.</p><h2 class="">Availability, errors and inaccuracies</h2>

<p>We strive to provide accurate and up-to-date information on our Application and Services, but we do not guarantee the completeness or accuracy of any content. Products or services offered may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information or in other communications.</p>

<p>We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders without prior notice (including after you have submitted your order).</p>

<p>Our inclusion of any products or services does not constitute an endorsement or recommendation.</p><h2 class=""><span class="text-uppercase">Damages and limitation of liability</span></h2>

<p class="text-uppercase">In no event shall Basic Human Movement, LLC be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, relating to, or in any way connected with your access to, display of, or use of our Application or Services, or any content provided through them. This includes, but is not limited to, your reliance on any opinions or information appearing on these platforms. We are not liable for any damages caused by viruses, linked websites, products, services, or any delay or inability to access or use our Application or Services, whether based on negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, even if Basic Human Movement, LLC has been advised of the possibility of such damages.</p>

<p class="text-uppercase">Basic Human Movement, LLC does not provide medical advice. The content provided on our Application and Services is for informational purposes only and is not a substitute for professional medical guidance, diagnosis, or treatment. Always consult your physician or healthcare provider before engaging in any exercise program, particularly if you have any pre-existing medical conditions. In the event of an emergency, contact your doctor or call 911 immediately.</p>

<p class="text-uppercase">You expressly agree that participation in any athletic activities facilitated by Basic Human Movement, LLC's Services carries inherent risks of property damage, bodily injury, or death. You voluntarily assume all such risks associated with these activities. Basic Human Movement, LLC is not responsible for supervising or inspecting athletic activities or equipment used during these activities.</p>

<p class="text-uppercase">If, despite the above limitations, Basic Human Movement, LLC is found liable for any damage or injury arising out of or in any way connected with your use of our Application or Services, our total liability shall not exceed the fees you have paid to Basic Human Movement, LLC for the Services in connection with such claims. The limitations outlined here will apply even if any limited remedy fails its essential purpose and will benefit Basic Human Movement, LLC. The aggregate liability of Basic Human Movement, LLC, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, is limited to the amount of fees actually received by Basic Human Movement, LLC from you.</p>

<p class="text-uppercase">Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. Therefore, some of the above limitations may not apply to you. In such jurisdictions, Basic Human Movement, LLC's liability shall be limited to the greatest extent permitted by law.</p>

<p class="text-uppercase">The limitations of liability outlined in this section apply to all Services provided by Basic Human Movement, LLC, including but not limited to our Application, Website, Facebook group, and any other online or offline platforms.</p><h2 class="">Links to third party websites</h2>

<p>Our Application and Services may include links to websites operated by third parties. These links are provided for your convenience and do not signify our endorsement or recommendation of the linked websites or any association with their operators. We have no control over these external sites and are not responsible for their content, privacy policies, or practices.</p>

<p>You acknowledge and agree that we shall not be liable for any damages or losses arising from your use of or reliance on any content, goods, or services available on or through any such third-party websites. We encourage you to exercise caution and review the terms and privacy policies of any third-party websites you visit.</p><h2 class="">Intellectual property and DMCA notice and procedure for intellectual property infringement claims</h2>

<p>All contents of our Application and Services are ©2024 Basic Human Movement, LLC or its licensors. All rights reserved. Unless specified otherwise, our Application and Services, along with all content and materials on them—including but not limited to logos, designs, text, graphics, pictures, information, data, software, sound files, and their arrangement (collectively, the "Content")—are the proprietary property of Basic Human Movement, LLC or third parties and are protected by United States and international copyright, trademark, and other intellectual property laws.</p>

<p>We respect the intellectual property rights of others and expect our users to do the same. It is our policy to respond to any claim that Content posted on our Application or Services infringes on the copyright, trademark, or other intellectual property rights of any person or entity.</p>

<p>If you believe in good faith that any Content on our Application or Services infringes upon your intellectual property rights, you or your authorized agent may send us a written notice titled "Infringement of Intellectual Property Rights - DMCA" to info@basichumanmovement.com. Your notice must include the following information:</p>

<ol>
<li>Identification of the Infringed Work: A description of the copyrighted work or other intellectual property that you claim has been infringed, including any registration numbers or a copy of the work.</li>
<li>Identification of the Alleged Infringing Material: A description of where the material that you claim is infringing is located on our Application or Services, including the URL, app page, or specific location within the platform..</li>
<li>Your Contact Information: Your full name, address, telephone number, and email address.</li>
<li>Statement of Good Faith: A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.</li>
<li>Statement of Accuracy and Authority: A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the intellectual property right or authorized to act on the owner's behalf.</li>
<li>Signature: An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right.</li>
</ol>

<p>Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including costs and attorneys’ fees, for any misrepresentations or bad-faith claims regarding the infringement of your intellectual property rights by content on our Application or Services.</p>

<p>Upon receipt of a valid notice, we will investigate the claim and take appropriate action, which may include removing or disabling access to the allegedly infringing material. We may also notify the user who posted the material and provide them with an opportunity to respond.</p><h2 class="">Governing law, severability, dispute resolution and venue</h2>

<p>These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, or Incoterms. Notwithstanding the foregoing, you may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.</p>

<p>Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.</p>

<p>These Terms, along with our Privacy Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and us regarding our Application and Services, and supersede and replace any prior agreements we might have had with you regarding the Application and Services.</p>

<p>Any controversy or claim arising out of or relating to these Terms, including but not limited to their interpretation or breach, shall be resolved exclusively in the state or federal courts located in Cheshire County, New Hampshire. You consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.</p>

<p class="text-uppercase">You and Basic Human Movement, LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both parties agree otherwise, no court or arbitrator may consolidate more than one person's claims or preside over any form of a representative or class proceeding. This class action waiver shall apply to the fullest extent permitted by applicable law. If, and only if, the law of your jurisdiction does not permit enforcement of this waiver as to a particular claim, then that claim shall proceed individually in the appropriate court, consistent with the "Governing Law" and "Dispute Resolution" provisions above.</p>

<p class="text-uppercase">All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, governing law, and dispute resolution provisions.</p><h2 class="">Changes to Terms of Service</h2>

<p>We may update these Terms of Service from time to time. Any changes will be effective immediately upon posting the revised Terms on our Application and Services. We encourage you to review the Terms periodically to stay informed of any updates. Your continued use of our Application and Services after any changes are posted constitutes your acceptance of the new Terms. If you do not agree to the revised Terms, you must stop using our Application and Services.</p><h2 class="">Questions</h2><p>If you have any questions or concerns about these Terms, please contact us at: info@basichumanmovement.com.</p></article>