Terms and Conditions

Effective and last revised on October 13, 2026

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Welcome to the swipehealth.ai sites and mobile applications, which are owned and operated by Swipe Health, Inc. (“SwipeHealth”) and its affiliates.
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This terms and conditions and this End-User License Agreement (including any supplemental terms, as applicable) ("EULA," “Agreement” or “Terms”) governs your use and access of swipehealth.ai (the "SwipeHealth Site" or "Site"), and SwipeHealth’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 "SwipeHealth Service" or "Service". Any Service purchased hereunder is purchased from Swipe Health, Inc. By registering as a member or by accessing or using the SwipeHealth Service in any way, you accept this Agreement.
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You should also read and understand the SwipeHealth 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 SwipeHealth Service.
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Prior to using the SwipeHealth 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 SwipeHealth 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. 
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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. 
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We may amend this Agreement from time to time. Section 5 explains how we tell you about changes and when they apply. Continued use alone is never consent to a change that would let us collect, use or share your health data in a new way or for a new purpose.

By using the Service, you consent to receiving this Agreement in electronic form. 
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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. 
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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, 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. SWIPEHEALTH SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE SERVICE.
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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.

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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 SwipeHealth 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 part 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. (“SwipeHealth,” “we,” “our” and “us”).

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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.

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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. INFORMATION AND INSIGHTS BASED ON DATA FROM A WEARABLE DEVICE OR A HEALTH APP (SUCH AS APPLE HEALTH OR HEALTH CONNECT), INCLUDING ANY READINESS, RECOVERY OR EFFORT LEVELS OR SCORES AND ANY CHANGES TO YOUR WORKOUTS, ARE FOR GENERAL FITNESS AND WELLNESS PURPOSES ONLY. THEY ARE NOT MEDICAL MEASUREMENTS, DIAGNOSES OR ADVICE, AND THE SERVICE DOES NOT MONITOR YOU FOR ANY MEDICAL CONDITION OR EMERGENCY. DATA FROM A DEVICE OR HEALTH APP CAN BE INACCURATE OR INCOMPLETE, AND WE DO NOT CHECK IT. A NORMAL OR HIGH READINESS LEVEL DOES NOT MEAN THAT EXERCISE IS SAFE FOR YOU, AND THE DECISION TO EXERCISE IS ALWAYS YOURS. 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.

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IF YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY. 

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THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND SwipeHealth 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.

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4. Your Health and Your Decisions. Before you start using the Service, and whenever your health changes, it is your responsibility to decide whether exercise is safe for you, and to get your doctor's approval first if there is any reason it might not be. Reasons include, for example, a heart condition, chest pain, dizziness or fainting, a bone or joint problem, high blood pressure, a recent injury or surgery, pregnancy, any medication you take (including medication that affects your appetite, weight, blood sugar, blood pressure or heart rate), or anything else you or your doctor know about. Accepting this Agreement does not tell us anything about your health, and we do not ask you to tell us about any of these conditions by accepting it. If your doctor tells you not to do something, follow your doctor, not the Service. Stop exercising and get medical help if you feel unwell. You also agree to use the Service only in the United States.

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5. Changes to This Agreement. We may update this Agreement from time to time. When we do, we will post the new version with a new "last revised" date. If a change is material, we will also tell you in the app or by email to the address on your account at least 30 days before the change applies to you. A change may apply sooner if it is needed to comply with law or to address a safety or security risk, or if it only limits what we may do or adds to your rights. If you keep using the Service after a change applies, you accept it. If you do not agree to a change, you can cancel and stop using the Service before it applies. A change does not apply to a dispute that arose before the change was posted. Changes to our Privacy Policy and Consumer Health Data Privacy Policy take effect as those policies describe, but the next paragraph applies to them too.

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Health data is different. If a change to this Agreement or to our Privacy Policy or Consumer Health Data Privacy Policy would let us collect, use or share your health data in a new way or for a new purpose, we will ask for your consent before that change applies to you. Continued use alone is not consent to that kind of change, and if you do not consent, we will keep handling your health data under the terms you last agreed to or stop collecting it. 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.

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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.

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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. The Service is only for adults. Do not create an account or use the Service if you are under 18. An organization or practitioner that pays for memberships may not enroll anyone under 18. If we learn that an account belongs to someone under 18, we will close it and delete its information. You can tell us about an underage account at support@swipehealth.ai.

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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).

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8A. Sponsored Memberships. An employer, residential building, gym, clinic or other organization, or a trainer or other practitioner, may pay for your SwipeHealth membership under its own agreement with us. We call that organization or person your "Sponsor."

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(a) Joining and eligibility. To set up a sponsored membership, your Sponsor may give us your name and email address and a reference it uses to check eligibility. We use them to invite you, confirm that you are eligible, and run the membership. Your sponsored access lasts while your Sponsor's agreement with us is in effect and your Sponsor treats you as eligible under it. Your Sponsor decides who is eligible and may remove you, for example if you leave the organization. Questions about eligibility are between you and your Sponsor. Your Sponsor is not a party to these Terms, and its agreement with us does not reduce your rights under these Terms or our Privacy Policy.

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(b) No charge while sponsored. While your membership is sponsored, you owe us no subscription fee for it, and Section 13 (including parts A through H) does not apply to it. We do not need a payment method from you, and we will not charge you unless you choose a paid plan yourself. If you already pay for your own subscription, it does not stop automatically. You can cancel it as described in Section 14, but we cannot cancel an Apple or Google subscription for you. If we charge you directly for a period in which you were sponsored, we will refund that charge when you ask. Everywhere else in these Terms, a sponsored membership counts as a subscription.

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(c) When a sponsorship ends. Your account belongs to you, not your Sponsor. If your sponsorship ends for any reason, your account, your training history and your programs, including changes a practitioner made, stay in your account. We do not delete your account because a sponsorship ended. If you do not start a paid plan or a new sponsored membership within 12 months after your sponsored access ends, we may delete your training history and other health and activity data, but only after emailing you first, as Section 14 explains. Our usual rules on inactive accounts and account deletion in Section 14 also apply. We will tell you when your sponsored access is ending or has ended, and what your options are. You can then choose a paid plan under Section 13 or stop using SwipeHealth. We never move you onto a paid plan unless you choose one. You can also delete your account at any time.

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(d) What your Sponsor can see. The most your Sponsor can see about you is:

  • your name and email address;
  • whether you have been invited, have set up your account, and have an active sponsored membership, and the dates of each; and
  • if your Sponsor assigns you a practitioner, which practitioner it assigned.

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Your Sponsor may also see group totals about how the people it covers use SwipeHealth, for example how many workouts were completed in a week. Those totals never describe a group of fewer than 10 people, and they never include data from Apple Health, Health Connect or any wearable or connected device, or anything we calculate from that data. Your Sponsor never sees your individual workouts or results, your health information or wearable data, whether you approved a practitioner or what you share with one, your conversations with the coach, or your survey answers except as Section 8C allows. We never use information from a sponsored membership to train AI models.

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(e) If your Sponsor is a practitioner. If your Sponsor is a trainer or other practitioner, they can see more than paragraph (d) allows only if you approve them under Section 8B, and only what you choose to share with them.

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(f) Other terms. These Terms still apply to a sponsored membership, including the age rule in Section 7.

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8B. Practitioner Access. Trainers, coaches, dietitians, clinicians and other practitioners can use SwipeHealth to work with their clients, either through a Sponsor or on their own.

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(a) You choose who. A practitioner can see your information or change your program only after you approve that practitioner by name in the app. No practitioner has access until you do. If you decline, your account is not affected, and declining does not by itself end a sponsored membership. Your approval is for that one person. It does not give access to your Sponsor or to the practitioner's business, owners, managers, staff or admins, even if the practitioner also runs that business. If your Sponsor assigns you a different practitioner, the new practitioner sees nothing until you approve them.

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(b) You choose what. A practitioner sees only the information you select for them, and their role may limit it further. Nothing is selected for you in advance: on the approval screen every item starts off, and you can turn items on one at a time or tap "Allow all" to select everything listed. A practitioner you approve can see all of the information you select, including your history of that information from before your approval, for as long as their access lasts. Selecting something for one practitioner does not share it with anyone else. If you later connect a new device or health app, its data is not shared with any practitioner until you choose to share it.

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(c) Your coach conversations stay private. Practitioners never see your conversations with the SwipeHealth coach. If something you tell the coach changes your program, such as an injury to work around, a practitioner you approved can see that change in your program. They cannot see the conversation.

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(d) Stopping. You can remove a practitioner's access at any time in the app, or by emailing support@swipehealth.ai. When you remove a practitioner in the app, they lose access to new information right away, and to all of your information in SwipeHealth within 24 hours. If you ask us by email, we will remove their access as soon as we confirm that the request came from you. If you approved a practitioner through a Sponsor, their access also ends within 24 hours after that sponsorship ends, after the practitioner leaves the Sponsor, or after your Sponsor assigns you someone else. Removing a practitioner does not affect your account. A practitioner may keep records that the law or their profession requires them to keep, and they must protect those records.

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(e) Practitioners are not SwipeHealth. Practitioners are independent professionals or staff of your Sponsor. They are not SwipeHealth employees or agents. SwipeHealth does not check a practitioner's license, certification or professional standing; your Sponsor or the practitioner is responsible for that. The services and advice a practitioner gives you are between you and that practitioner (and their business). Section 3 applies to everything in the Service, including programs a practitioner changes. If your practitioner is a health care provider, the information they receive may also be covered by laws that apply to them, such as HIPAA.

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(f) Practitioner terms. Before a practitioner can see any of your information, they must agree to SwipeHealth's practitioner terms, which limit how they may use it.

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8C. Surveys. Your Sponsor may ask you short questions through SwipeHealth, and the coach may pass a question from your Sponsor along to you. Each question is labeled as coming from your Sponsor. Answering is always optional. Skipping a question never affects your access or your account, and we do not tell your Sponsor who skipped. Your Sponsor sees answers only as group totals, which never describe fewer than 10 people. We share an answer that identifies you only if you separately agree to that specific disclosure, after we tell you what will be shared, with whom, and why. Survey answers are never used to train AI models.

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9. Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Sites. However, our Sites and Services are not directed to anyone under the age of 18, and we do not knowingly collect information from anyone under the age of 18. See Section 7. If you believe that a child has provided information to us through the Sites, please contact us by email at support@swipehealth.ai. If we learn that an account belongs to someone under 18, we will close it and delete its information, as Section 7 explains. See Section 13 of our Privacy Policy for more information.

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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. SwipeHealth will not be liable for any loss or damage arising from your failure to comply with this section.

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11. Preservation and Disclosure of Account Information and User Content. You acknowledge and agree that SwipeHealth 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 SwipeHealth, the other users of the Sites and Services, and the public. However, under no other circumstances will SwipeHealth intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy.

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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 SwipeHealth and/or content providers who provide content to SwipeHealth. You may not attempt to override or circumvent any such security components and usage rules embedded in the Sites and the Services.

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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. If you buy a subscription directly from us, you will be asked for a payment method when you subscribe. 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 SwipeHealth to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided below (“Term and Termination”). SwipeHealth 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. Before a fee change applies to your existing subscription, we will give you notice as described in Part H below. If you subscribed through Apple or Google, their rules on price changes also apply. If SwipeHealth is for any reason unable to effect automatic payment via your credit card, SwipeHealth will attempt to notify you by email, and your access to paid features may be paused until payment is received. Your account is not deleted (see Section 14). You are responsible for notifying SwipeHealth of any changes to your credit card information and to update your information if your credit card has expired. SwipeHealth may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify SwipeHealth.

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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 SwipeHealth’s net income. You are responsible for obtaining and providing to SwipeHealth any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.

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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 SwipeHealth 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 SwipeHealth. 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.

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Auto-renewal and billing; Subscription Fees; Free Trial Terms.

A. Subscription. Unless your membership is paid for by someone else, such as an employer, gym or practitioner, the SwipeHealth Service is a paid, auto-renewing subscription service. There is no free version. 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. We may change subscription fees only as described in Part H below. Your subscription, and the automatic billing of your account at the price and billing interval you chose (monthly or annual), will continue until you cancel. Section 14 explains how to cancel. 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.

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EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE SWIPEHEALTH APPLICATION, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

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For auto renewing subscriptions completed in our iOS mobile applications, the following terms apply: 

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  • Payment will be charged to your Apple 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 before 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, where applicable.
  • You can cancel a free trial or subscription anytime by turning off auto-renewal through your Apple Account subscription settings. To avoid being charged, do this at least 24 hours before the end of the free trial or the current subscription period. Your cancellation takes effect at the end of the current subscription period. You keep access until then, and you will not be charged again.

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C. Free Trials. If you accepted an offer with a free trial (“Free Trial”) for access to the SwipeHealth Site, your SwipeHealth 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. If you cancel before your Free Trial ends, you will not be charged. If you subscribed through Apple or Google, you must cancel at least 24 hours before the trial ends. After billing starts, cancellation takes effect at the end of the billing period you have paid for, as described in Section 14.

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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. We describe the price, any Free Trial and the renewal price of each Special Offer where we make the offer. In all instances, you will continue to be automatically billed the price of the plan you chose, monthly or annual, when your Free Trial ends (or immediately if there is no Free Trial).

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E. Add-On Services. We refer to any additional, paid subscription Service we offer beyond the SwipeHealth 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.

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F. Annual Subscriptions. We offer monthly and annual Subscriptions. An annual Subscription is billed once a year, in advance. It renews automatically each year unless you cancel before the renewal date, as described in Section 14. Any other plan length we offer in the future will be described at checkout.

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G. Paused Subscriptions. If you use the SwipeHealth 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 SwipeHealth to bill your account starting at the expiration of your paused account status period.

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H. Changes to Subscription Fees. SwipeHealth may increase its subscription fee for the SwipeHealth 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 do not cancel your subscription before the new fee applies, you will be deemed to have accepted it.

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14. Cancellation; Term and Termination; Account Deletion

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HOW TO CANCEL.

 You can cancel at any time. How you cancel depends on how you paid. (a) If you paid SwipeHealth directly, including with Apple Pay at our checkout, cancel online through your billing page, which is linked from our Help Center at swipehealth.zendesk.com. You can also email support@swipehealth.ai from the email address you used to pay, and we will cancel for you. If you paid with an HSA or FSA card through our checkout partner Flex, your subscription is not on the billing page, so email us to cancel. If you cancel on your billing page, it will show that your subscription is canceled and the date your access ends, and we will also email you when your cancellation takes effect. Your cancellation will take effect at the end of your current billing period, and you will retain access to premium content until that date. There are no refunds for billing periods that have already lapsed.

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(b) If you subscribed through the Apple App Store or Google Play Store, you must manage and cancel your subscription through your Apple Account or Google Play account settings. We cannot cancel these subscriptions for you. To change your plan, use the same method you would use to cancel. Deleting the app does not cancel your subscription.

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(c) If your membership is sponsored, there is no subscription for you to cancel. Your access follows your Sponsor's agreement with us and your eligibility under it, not a billing period. Section 8A explains what happens when it ends. If you also pay for your own subscription, cancel that subscription as described above.

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ACCOUNT DELETION: You may delete your account at any time. We may delete an account that has had no sign-in for 24 months in a row. Before we do, we will email you at the address on your account and give you at least 30 days to sign in and keep it. Regardless of anything else in this Agreement, we do not delete your account because a payment failed or lapsed, your subscription was canceled or ended, or an organization stopped paying for your membership. If your paid or sponsored access ends, your account stays in place, and you can start a plan again or delete your account at any time. If you do not start a paid plan or a new sponsored membership within 12 months after your paid or sponsored access ends, we may delete the workout history and other Health and Activity Data (as defined in Section 16) in your account. Before we do, we will email you at the address on your account at least 30 days in advance, so that you can start a plan again to keep it or ask us for a copy. Our Privacy Policy explains how long we keep the information in your account.

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TERMINATION FOR BREACH: SwipeHealth may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if SwipeHealth determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage SwipeHealth's reputation or goodwill. If SwipeHealth deletes your account for the foregoing reasons, you may not re-register for the SwipeHealth Service. SwipeHealth may block your email address and Internet protocol address to prevent further registration. SwipeHealth 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 SwipeHealth will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. SwipeHealth shall not be responsible for the loss of such content.

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14a. Content. The content available at the Sites and the Services generally consists of (a) content owned by SwipeHealth, 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 SwipeHealth (“SwipeHealth Content”), (b) content owned by third parties and licensed to SwipeHealth 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.”

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15. Ownership of Content. SwipeHealth 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 SwipeHealth and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.

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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 SwipeHealth 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 SwipeHealth 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 SwipeHealth 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 SwipeHealth (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 SwipeHealth’s servers after the User Content appears to have been removed from the Sites and/or the Services, and SwipeHealth 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.

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Health and activity data are not User Content. Your workout and training data, data from Apple Health, Health Connect or any wearable device or health app, other information about your health, your answers to surveys, and your conversations with the coach (together, "Health and Activity Data") are not "User Content" anywhere in this Agreement. This Section 16 gives SwipeHealth no license to them, and Sections 11, 18, 19 and 30 do not apply to them. We collect, use, share, keep and delete Health and Activity Data only as described in our Privacy Policy and Consumer Health Data Privacy Policy.

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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:

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  • 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.

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18. Responsibility for User Content. You, and not SwipeHealth, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Sites and/or the Services. SwipeHealth 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 SwipeHealth 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.

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19. Rejection and/or Removal of User Content. You acknowledge and agree that SwipeHealth may or may not pre-screen User Content posted on our Sites, but that SwipeHealth 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, SwipeHealth 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 SwipeHealth, 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 SwipeHealth by email at support@swipehealth.ai.

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20. Limited License. SwipeHealth hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the SwipeHealth 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 SwipeHealth 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.

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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 SwipeHealth. 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 SwipeHealth 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.

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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 Sites and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. SwipeHealth, 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.

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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.

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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.

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  • 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?

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If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

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23. Artificial Intelligence Coaching Features. The Service may offer an artificial intelligence-enabled coaching tool that provides general informational, educational, productivity, and coaching-style responses. When you use the AI coach, we may collect and process the information you submit, including your prompts, questions, messages, goals, preferences, and feedback. The AI coach is not a human advisor and does not provide legal, medical, mental health, financial, tax, educational, or other licensed professional advice. AI-generated responses may be inaccurate, incomplete, outdated, or inappropriate for your particular circumstances, and you are responsible for evaluating any response before relying on it. You may share your training, recovery and health information with the coach, which is designed to use it to personalize your coaching. Do not send the coach other sensitive information, such as confidential business information, financial account numbers, government ID numbers, passwords or information about children. Use of the AI coach does not create a confidential, fiduciary, professional, attorney-client, doctor-patient, therapist-client, or other privileged relationship. We use coach conversations to provide and operate the coach, generate responses, keep it safe and secure, and fix problems. We do not use your conversations, your workout data or any other personal information to train, fine-tune or improve AI models, ours or anyone else's. If that ever changes, we will ask for your permission first, and you can say no. Data from Apple Health, Health Connect or any wearable will never be used to train, fine-tune or improve AI models. Authorized SwipeHealth personnel or service providers may review coach conversations only to provide support, to keep the coach safe, secure and working correctly, and to comply with the law. Our technology providers process what you submit only on our behalf. The AI coach is not intended for emergencies or crisis situations. If you are experiencing an emergency or believe that you or someone else may be in danger, call 911 or other emergency services immediately, or contact an appropriate crisis hotline or qualified professional.
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24. Reservation of Rights. SwipeHealth Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. SwipeHealth and its third-party licensors own and retain their respective rights, title and interest in and to their respective content subject only to the limited license granted to Registered Users as set forth above.

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You acknowledge that the SwipeHealth 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 SwipeHealth-generated content and content developed for SwipeHealth by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, SwipeHealth owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the SwipeHealth 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.

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The SwipeHealth 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.

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SwipeHealth 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 SwipeHealth or, if such property is not owned by SwipeHealth, 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.

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25. 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 SwipeHealth’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. SwipeHealth 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.

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26. 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.

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27. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. SwipeHealth reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.

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28. Term and Termination. This Agreement begins on the date you first use the SwipeHealth 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 SwipeHealth 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 SwipeHealth 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 SwipeHealth.

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SwipeHealth 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. SwipeHealth 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 SwipeHealth elects to do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if SwipeHealth elects to do so without cause, then SwipeHealth will refund any unused portion of a pre-paid subscription.

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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 User Content”), (“Rejection and/or Removal of User Content”), (“Health and Medical Concerns”), (“Reservation of Rights”), (“Other Sites”), (“International Use”), (“Registered User Disputes”), (“Disclaimer of Warranties”), (“Waiver of Claims”), (“Limitation of Liability”), (“Severability”), (“Choice of Law and Forum”), (“Statute of Limitations”), (“Notices and Questions”) and (“Indemnity”).

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Upon suspension or termination, SwipeHealth shall have no obligation to save any User Content that you may have posted or otherwise provided, and, subject to Section 14 ("Account Deletion") and our Privacy Policy, we reserve the right to permanently delete and destroy any of your personal information and/or User Content.

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29. Disclaimer of Warranties. You acknowledge and agree that the Sites and the Services are offered without warranties of any kind whatsoever by SwipeHealth and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.

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(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. SwipeHealth and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “SwipeHealth-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.

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(b) The SwipeHealth-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 SwipeHealth-Related Parties from any and all claims or causes of action, known or unknown, arising out of the foregoing.

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(c) The SwipeHealth-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 harmful components (including viruses, malware, spyware, or comparable components).

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(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 SwipeHealth-Related Parties make no warranties regarding the foregoing.

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(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.

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30. Waiver of Claims. You hereby waive, release and discharge the SwipeHealth-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.

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31. Limitation of Liability. To the fullest extent permitted by applicable laws, the SwipeHealth-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 SwipeHealth-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 SwipeHealth-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of the amount you paid to SwipeHealth for the Services in the 12 months before the claim arose or one hundred U.S. dollars (US$100).

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32. 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 SwipeHealth. 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.

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33. Indemnity. You agree to indemnify, defend, and hold harmless the SwipeHealth-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. SwipeHealth 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.

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34. 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.

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35. 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.

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36. 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 SwipeHealth and governs your use of the Sites and Service, superseding any prior agreements between you and SwipeHealth with respect to the Sites and/or the Services.

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37. Choice of Law and Forum. This Agreement and the relationship between you and SwipeHealth shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and SwipeHealth agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Travis County, Texas, except that either of us may bring an individual claim in small claims court if it qualifies.

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38. No Waiver. The failure of SwipeHealth to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.

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39. 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.

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40. Relationship of the Parties. You and SwipeHealth 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.

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41. 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 SwipeHealth 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.

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42. Notices and Questions.

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(a) Contact us. If you have questions about this Agreement or the Service, contact us at:

Swipe Health, Inc.
5900 Balcones Drive #33470
Austin, TX 78731
USA
Email: support@swipehealth.ai

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(b) Notices to SwipeHealth. Unless this Agreement provides a different method for a particular matter, any legal notice to SwipeHealth must be in writing and sent either (i) by email to support@swipehealth.ai with "Attn: Legal" in the subject line, or (ii) by mail or courier to the postal address above, marked "Attn: Legal." Please include your name, the email address associated with your account (if you have one), and a clear description of the matter. A notice to SwipeHealth is effective when we receive it. An email that arrives after 5:00 p.m. Central Time, or on a weekend or U.S. federal holiday, is received on the next business day. Mail or courier is received on the date it is delivered to the postal address above. Telephone calls, voicemails, in-app or AI coach messages, social media messages and app store reviews are not legal notice.

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(c) No legal notice needed to cancel or make a privacy request. You do not need to send a legal notice to cancel your subscription, delete your account, or make a privacy request. Use the methods described in Section 14 of this Agreement, our Privacy Policy and our Consumer Health Data Privacy Policy.

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(d) Notices to you. We may give you notices by email to the most recent email address associated with your account, by notification in the app, or, for notices that apply to users generally, by posting them on the Sites. A notice to you is effective when we send the email, when we display it in the app, or when we post it, as applicable. If we learn that an email notice was not delivered, we will make reasonable efforts to give you the notice in the app. You are responsible for keeping the email address on your account current. Section 5 explains how we tell you about changes to this Agreement.

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(e) Electronic notices. You agree that notices, agreements, disclosures and other communications we provide to you electronically satisfy any legal requirement that they be in writing. You may ask for a paper copy of any notice at no charge by writing to us at the email or postal address above.

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(f) Legal process. This Section does not authorize service of legal process by email or by mail to the address above. Legal process must be served on Swipe Health, Inc.'s registered agent or as otherwise required by applicable law.

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43. Apple App Store. By accessing the Service through a device made by Apple Inc. ("Apple"), you specifically acknowledge and agree that:

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  • This EULA is between SwipeHealth 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.
  • SwipeHealth, not Apple, is solely responsible for the mobile applications and their content, and for providing any maintenance and support services for them. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the mobile applications.
  • In the event of any failure of 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. 
  • SwipeHealth, not Apple, is responsible, to the extent this EULA requires, for any product warranties not effectively disclaimed, for addressing any claims by you or a third party relating to the Applications, and for the investigation, defense, settlement and discharge of any intellectual property infringement claim. You must comply with any applicable third-party terms of agreement, such as your wireless data service agreement, when using the Applications.
  • 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. 
  • Each SwipeHealth account is for one person, who must be 18 or older. Do not share your account or your subscription with anyone else, including through Apple Family Sharing, a Google Play family group or any similar feature.
  • You should direct any questions, complaints or claims about the mobile applications to SwipeHealth at: Swipe Health, Inc., 5900 Balcones Drive #33470, Austin, TX 78731, USA; email support@swipehealth.ai; telephone (737) 260-1744. We list this telephone number only because Apple's terms require it here. It is not a way to cancel, get support or give legal notice. To cancel, follow Section 14. For support, email support@swipehealth.ai. For legal notices, follow Section 42.

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