Terms of Service
PLAY HEALTH INC
Last Updated: October 9, 2025
Please read these Terms of Service (the “Terms”) carefully as they govern your access to and use of: (1) our website located at https://PlayHealth.com, any related subdomains, and any other websites that we link to these Terms (collectively, the “Website”), and (2) our web-based and mobile application (the “App”). The Website, the App, and our social media pages, and all related services, content, and other resources available on or enabled via the Website, the App, and our social media pages shall be considered the “Services.”
These Terms constitute a legally binding contract between you and Play Health Inc. (“Play Health,” “we,” “us,” or “our”). PLEASE BE AWARE THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND PLAY HEALTH ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.
By accessing, downloading, registering for, or using the Services, you: (1) represent you have read and understand these Terms and our Privacy Policy, (2) accept and agree to these Terms and our Privacy Policy, and (3) you certify that you are at least 18 years of age and that you will provide truthful and accurate information about yourself. Please do not use the Services if you do not agree to these Terms and our Privacy Policy.
As discussed in more detail below, the Services are not a substitute for professional medical advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY SERVICES NUMBER IMMEDIATELY.
Changes to Terms
We may change, modify, add, or remove portions of these Terms (each, an “Update”) at any time and in our sole discretion with or without prior notice to you and such Updates will be effective immediately. If we make Updates to these Terms, we will change the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue using the Services.
Eligibility
The Services are available only for individuals aged 18 years or older.
You may not use the Services if you are competitor of Play Health, for benchmarking our Services, or any other non-personal use.
We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.
Play Health Account
Account Creation. When you create an online account to use the Services (an “Account”), we require you to provide certain registration information (“Registration Information”) and a username and password to access your Account (as described in more detail in our Privacy Policy. You must provide true, accurate, current and complete Registration Information and you agree to update your Registration Information in order to ensure that it remains current. You may only possess one Account at a time. We reserve the right to reject any registration without explanation.
Account Security. You are responsible for all activity that occurs under your Account. You may not allow others to use your Account, and you agree to maintain the security and confidentiality of authentications, access codes, passwords, and other credentials associated with your Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Account, please notify us as soon as possible at support@playhealth.com.
Account Deletion. You may request that we delete your Account by contacting us using the contact information provided below.
Terms of Access and Use
Subject to your compliance with these Terms and all applicable laws, we grant you a limited, nonexclusive, non-transferable and revocable license to access and use the Services, together with the Play Health Content (as defined below), for personal, non-commercial purposes in accordance with the terms and conditions of these Terms.
THE SERVICES ARE INTENDED FOR INFORMATIONAL PURPOSES AND DO NOT PROVIDE MEDICAL, PSYCHIATRIC, OR OTHER PROFESSIONAL HEALTH CARE ADVICE OR SERVICE REQUIRING LICENSURE; NOR ARE THEY INTENDED TO BE USED TO ASSESS HEALTH CONDITIONS OR AS SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. Use of the Services does not, and is not intended to, create or constitute, a physician-patient or provider-patient relationship of any kind with Play Health, its officers, directors, employees, independent contractors, agents, or anyone acting on behalf of the Play Health.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE HAD THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF THE USE OF THE SERVICES, AND THAT YOU HAVE PROVIDED VOLUNTARY INFORMED CONSENT TO USE THE SERVICES AND PROVISION OF THE SERVICES TO YOU.
Use of Information and Privacy Policy
Please refer to our the Privacy Policy for information regarding how we collect, use and disclose information about you in connection with your use of the Services, and regarding how others collect, use, and disclose information about you. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in our Privacy Policy.
If you choose to have your hormone levels tested through Play Health’s laboratory services vendor, you will need to provide a separate HIPAA Authorization to permit the third-party laboratory (“Laboratory”) to share your laboratory testing results with Play Health and its laboratory services vendor(s).
Play Health does not collect, store, analyze, or retain any biological samples (“Samples”) during the course of providing Services.
Subscription Fees
Our Services are provided on a subscription basis.
Play Health currently offers fee-based subscriptions to certain features or services on a paid basis for six-month subscription periods, paid in advance of commencement of the subscription. Fees may change from time to time in Play Health’s discretion, and all payments to Play Health are final and non-refundable. Subscriptions will be subject to auto-renewal at the end of the applicable subscription period unless you notify Play Health at support@playhealth.com to cancel your subscription.
If you owe any subscription fees or other amounts to Play Health, we may (i) suspend or stop providing Services to you, (ii) place limitations or take other actions on your Account, and (iii) engage in collection and other efforts to recover such amounts from you, which amounts shall be your responsibility and recoverable from you.
Taxes
Each party will be responsible, as required under applicable law, for identifying and paying all applicable sales, use, and any other taxes and governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the payments under these Terms. We reserve the right to withhold taxes where required.
No Health Insurance Coverage
Play Health’s services are offered on a cash-pay basis only. You acknowledge and agree that Play Health does not participate in any health or benefit plan and that Play Health will not bill any health or benefit plan for the Services.
Modifications to the Services
We may, at any time, modify, suspend or discontinue the Services, or any part thereof, with or without notice. We will not be liable to you or to any third-party for any modification, suspension or discontinuance of Services as permitted herein.
Any software that we provide to you in connection with the Services may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
Technology Restrictions
The rights granted to you under these Terms are subject to the following restrictions concerning the Services:
You will not copy, reproduce, distribute, transmit, republish, post, publicly perform or publicly display the Services or any information or content made available on or through the Services;
You will not license, sell, rent, lease, transfer, assign, host or otherwise commercially exploit the Services;
You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
You will not access or use the Services to build a similar or competitive service or application;
You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information, including account usernames and passwords;
You will not use the Services to develop machine learning models or similar or related technology;
You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, through the use of methods such as denial of service attacks, flooding and spamming;
You will not transmit any "junk mail", "chain letter" or "spam" or any other similar solicitation;
You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services;
You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
You will not hack, spam or phish the Services, Play Health, or other users of the Services; and
You will not use the Services other than for their intended purposes and/or in violation of any laws or regulations.
Play Health Content
Except for Third-Party Content and User Data (each defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, "Play Health Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to Play Health Content, as between you and us, are solely and exclusively owned by us. You will not delete or alter any copyright, trademark or other proprietary rights notices from Play Health Content.
User Data
You may provide Play Health certain information and data, including your personal information and health data, in connection with your use of the Services (“User Data”). We will use User Data in accordance with our Privacy Policy, as applicable. We never publicly display any of your User Data or your private communications with Play Health without your prior consent.
By using the Services, (a) you grant Play Health and our service providers the right, power and authority to collect, transmit, store, and process User Data, (b) you grant Play Health a royalty-free, sublicenseable, worldwide right and license to use the User Data (i) as necessary for Play Health’s performance of the Services and exercise of Play Health’s rights under these Terms; (ii) as required by applicable law; and (iii) on a de-identified and/or aggregated basis in connection with development, support, and improvement of the Services and our business, and (iii) you agree to User Data being collected, transferred, stored, and processed by Play Health and our service providers in accordance with these Terms and our Privacy Policy. You represent and warrant that (A) you have the right to provide the User Data to Play Health hereunder for our use as contemplated by these Terms, (B) you have complied with all applicable laws and obligations to third parties in collecting, using, storing, and delivering the User Data, and (C) you have obtained all permissions necessary to (1) use and access the Services and any other of Play Health’s tools related to the capture and processing of information, and (2) allow Play Health to process such information in conformance with these Terms.
You shall abide by the following guidelines, and any other guidelines made available in writing by Play Health, with respect to User Data uploaded, transmitted, and/or otherwise provided to Play Health or the Services ( “User Data Guidelines”). User Data must not:
Contain any material which is false, misleading, defamatory, obscene, indecent, abusive, offensive, threatening, harassing, hateful, inflammatory, an invasion of privacy, or is otherwise objectionable;
Contain any information or content that we deem to be denigrating or offensive to any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, or to be otherwise objectionable;
Exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; or
Create a risk of any loss or damage to property.
You will not provide any User Data that (x) includes trade secrets or third-party intellectual property unless you have permission or a valid license from the owner to use it in the specific manner that you used it, (y) infringes any intellectual property, privacy or publicity right of another, or (z) violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Any use of the Services in violation of User Data Guidelines is prohibited and may result in our suspension or termination of your Account and/or right to use the Services, and may possibly expose you to legal action and damages.
Third-Party Content
The Services may contain proprietary information and materials licensed or provided to Play Health by third parties in connection with Play Health’s provision of the Services and/or other business purposes (collectively, “Third-Party Content”). Third-Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. All statements and/or opinions expressed in Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Play Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.
No Reliance
Any reliance you place on Play Health Content and Third-Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, visitor to the Website, or by anyone who may be informed of any of their contents.
No Medical Advice
PLAY HEALTH IS NOT A HEALTH CARE PROVIDER OR A LABORATORY AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. WE PROVIDE NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS OR WILL BE EFFECTIVE OR RIGHT FOR YOU. The Services, including, but not limited to, all Play Health Content, Third-Party Content and any other content and information obtained from or in connection with the Services, are not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a qualified healthcare provider.
You are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY SERVICES NUMBER IMMEDIATELY.
Our Services & Your Lab Results.
If you choose to have your hormone levels checked through the Laboratory, you will need to review and agree to a separate consent form related to the Laboratory testing. That separate form addresses the risks associated with the at-home collection of a blood sample to facilitate the Laboratory testing.
You acknowledge and agree that (a) your Sample may yield incomplete or even inaccurate lab results; and (b) Play Health does not warrant the accuracy, completeness, usefulness, timeliness, or precision of any lab results delivered or accessed through our Services.
You represent that you have reviewed whether our Services appropriate and safe for your use, given your particular needs and sufficient for your expectations. You represent that you do not have any underlying health conditions that you know to cause our Services to be inappropriate for you and that if you have questions about the utility and safety of our Services for you, you will discuss those concerns with a licensed health care provider.
You acknowledge and agree that in providing you the Laboratory testing results, neither Play, its third-party Laboratory partner, nor any other person involved in the Laboratory testing has formed a provider-patient relationship with you and that you have no expectation of on-going care from any of the aforementioned parties.
Social Media
If we provide social media features, you may take such actions as are enabled by such features. Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of those third parties. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any social media services. We enable these features as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Ownership
Play Health and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Services and Play Health Content. These Terms do not convey to you any rights of ownership in or related to the Services and Play Health Content. Play Health reserves all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Play Health and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Play Health, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Your Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@playhealth.com. You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
Consent to Electronic Notice
By using the Services, you agree that Play Health may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Play Health sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
SMS Text Messages and Push Notifications
We may send SMS push notifications (“Notifications”) in order to keep you informed about the Services. By using the Services, you agree to receive Notifications regarding your use of the Services. SMS text messages are for transactional purposes only. Depending on your current carrier plan, you may incur charges for these Notifications. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
General Disclaimers of Play Health
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THAT THE SERVICES, AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLAY HEALTH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. PLAY HEALTH AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY ASPECT OF THE SERVICES: (I) WILL OPERATE ERROR-, BUG- OR DEFECT-FREE, OR BE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR BE COMPLETELY SECURE, (II) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR YOUR PARTICULAR INTENDED USE, OR (III) WILL COMPLY WITH THE LAWS, REGULATIONS OR REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOU.
PLAY HEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES.
Limitation of Liability
IN NO EVENT SHALL PLAY HEALTH OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD-PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, IN EACH CASE WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLAY HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE PRIOR SIX (6) MONTHS, OR $100. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
WITHOUT LIMITING THE LIMITATION OF LIABILITY DESCRIBED ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
Indemnification By You
Without limiting the generality or effect of other provisions of these Terms, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Play Health and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Play Health Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys' fees) in relation to or arising from (i) User Data, (ii) your use or inability to use the Services, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws) in connection with use of the Services, (iv) your violation of any third-party right, including without limitation any copyright, property or privacy right, or (v) your breach of any obligations set forth in these Terms. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
Term, Suspension and Termination
These Terms will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, and/or deleting your Account, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Play Health for the duration of the suspension or indefinitely following termination.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boulder, Colorado, United States of America, before one arbitrator. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
YOU AND PLAY HEALTH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND PLAY HEALTH EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.
Additional Terms for Apple Device Users
The following additional terms and conditions govern your use of the App should you choose to download it via the Apple App Store (if such downloads are available) or operate it on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that these Terms are between you and Play Health, and not Apple, Inc. (“Apple”) and that Play Health, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.
Scope of License. Without limiting the other terms and conditions of these Terms, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: Play Health is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Play Health and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Play Health’s sole responsibility.
Product Claims: You acknowledge that Play Health, not Apple, is responsible for addressing any claim you or any third-party may have relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third-party’s intellectual property rights, Play Health, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) 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, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to: Play Health Inc., 2101 Pearl St., Boulder, CO 80302
Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance of the terms of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Force Majeure
You agree that Play Health is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Notice to California Residents.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
General Terms
These Terms shall be governed by the laws of the state of Delaware without regard to its rules on conflicts or choice of law. These Terms constitute the sole agreements between you and Play Health for your use and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Play Health. The section titles in these Terms are for convenience only and have no legal or contractual effect. Should any provision of these Terms be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible, and other provisions of these Terms will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Play Health without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. These Terms shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
Contact Information
If you have questions, complaints or claims with respect to the Services or these Terms, please contact us by email at support@playhealth.com or at our mailing address: Play Health Inc., 2101 Pearl St., Boulder, CO 80302.
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